Idaho Bills

Amends existing law to provide for a tobacco tax cap of fifty cents per cigar.

This legislation, in making amendments to Sections 63-2552 and 63-2552A, Idaho code, along with removing obsolete language and making technical corrections, will make the retail sale of cigars in Idaho more competitive with neighboring states, and the internet. All tobacco products in Idaho are taxed on the wholesale sales price at 35%, with an additional 5% tax. All tobacco products, excluding cigars, will continue being subject to this 40% tax on the wholesale price, with cigars being capped at a tax of 0.50 cents per cigar.

Relates to the appropriation to the Department of Health and Welfare for the Division of Behavioral Services for fiscal years 2023 and 2024.

This is the FY 2024 original appropriation bill for the Department of Health and Welfare for the Division of Mental Health Services, Psychiatric Hospitalization, and Substance Abuse Treatment and Prevention. It appropriatesatotalof$149,468,000andcapsthenumberofauthorizedfull-timeequivalentpositionsat788.41. This bill provides funding for eight line items. In the Division of Mental Health Services, line items provide: a reductiontotransfertheHomeswithAdultResidentialTreatment(HART)totheDivisionofMedicaid; funding for youth crisis centers; and community mental health funds. In the Division of Psychiatric Hospitalization, line items provide: funding to update the electronic medical records system used by the three state hospitals; funds for State Hospital North and State Hospital West to make facility alterations to achieve accreditation; and funding for State Hospital South to provide funding for upgrades to maintain accreditation. In the Division of Substance Abuse, line items provide: funds for the substance abuse prevention grant; and funds for the state opioid response grant. In addition, there is one supplemental in this bill for the Division of Substance Abuse Treatment and Prevention, which provides onetime funds for the state opioid response grant.

Relates to the appropriation to the Idaho Transportation Department for fiscal years 2023 and 2024.

This is the FY 2024 original appropriation bill for the Idaho Transportation Department. It appropriates a total of $1,030,070,600 and caps the number of authorized full-time equivalent positions at 1,592.00. The bill funds 21 line items, which provide additional funds for Chinden Campus lease space, State Street Campus design phase, facility deferred maintenance, Luma development, construction planning software, the Idaho Airstrip Network, aeronautics equipment, cybersecurity licenses, Idaho Airport Aid, highway operations, new equipment and vehicles, automated materials software, GIS software and licensing, acquisition management software, statewide and urban public transportation, state research and planning, statewide public transportation, Idaho historic markers and signs, a budget realignment, highway funding to mitigate the impacts of adding new connections, and the reduction of 36.00 FTP and the addition of funding for IT consolidation. The bill also includes five supplemental appropriations, which provide funding for aviation fuel costs, gas and diesel fuel costs, maintenance related cost increases, state planning and research, and seaport access projects.

Amends existing law to revise provisions regarding voter identification and proof of residence.

The purpose of this legislation is to clarify and create uniformity in voter registration requirements. Currently, there are inconsistencies among the various methods of registering, as well as lack of clarity concerning the type of documentation an applicant must show to prove residence in order to complete registration. To standardize the voter registration process, this legislation requires that applicants submit a completed application, show proof of identity, and show proof of residence, regardless of the manner of registration. In addition, by specifying the acceptable documentation required to prove identity and residence, this legislation prevents any uncertainty for applicants and election officials. Given the lack of uniformity in the sophistication of student ID cards, such cards are no longer a valid form of personal identification to vote at the polls. As an alternative, this legislation requires the Idaho Department of Transportation (“ITD”) to issue no-fee identification cards for the purpose of complying with voter registration and voting requirements.

Amends existing law to revise provisions regarding classroom behavior management.

This bill reviews the powers and duties section of Idaho Code 33-1224 and defines corporal punishment, physical escorts, restraints, seclusion and explicitly prohibits corporal punishment to be used as a classroom punishmentmethod. Itfurtherprohibitsrestraintandseclusionasaformofdisciplineorclassroomgovernance. it clarifies that restraint and seclusion may only be deployed if a student has placed themselves, an employee, or other students and employees in imminent danger. It requires each school district and charter school board to adopt a policy that conforms to the statute and ensures a clear and transparent reporting requirement to parents or legal guardians. Staff directly assigned to students exhibiting aggressive or dangerous behaviors must be trained on the correct use of restraint and seclusion and de-escalation techniques. Finally, it directs the State Department of Education to prepare resources, guidance, and training modules to support each local education agency to adhere to the provisions of the bill.

Adds to existing law to establish the Medicaid Management Information Systems Dedicated Fund in the state treasury.

This legislation creates a dedicated fund, using one-time general funds resulting from the Public Health Emergency (PHE) enhanced federal match for the Medicaid MMIS (Medicaid Management Information Systems) procurement project. Through the creation of a dedicated fund, unexpended one-time funds from the PHE would be made available to support procurement and installation resource needs as part of this multi-year project. On March 18, 2020 the Families First Coronavirus Response Act was passed by Congress in response to the COVID-19 pandemic. This legislation carries an increase in the Federal Medical Assistance Percentage (FMAP), the federal match for the Medicaid program tied to the duration of the national public health emergency. During the national public health emergency declarations, FMAP is increased by six point two percent (6.2%), which results in approximately $10 to $12 million more in federal Medicaid funding per month. Per the Consolidated Appropriations Act (2023), the 6.2% enhanced FMAP will end after March 2023 and the enhanced federal match will be phased down over calendar year 2023. The Department of Health and Welfare, Division of Medicaid is underway with modernization of existing software systems and platforms. This project is a multi-year/multi-phase modular implementation that will span through calendar year 2031. This effort will replace dated technology with a current estimated cost of $186,564,000 million (All Funds), which only accounts for estimated costs for Design, Development, and Installation of new systems. This legislation preserves general funds for future mandatory Medicaid MMIS procurement and installation requirements without requiring a separate request for funding. This legislation allows surplus general funds to be retained in a dedicated fund which may only be accessed by legislative appropriation and may only accept surplus funds generated through the Medicaid budget.

Amends and repeals existing law to revise provisions regarding the Oil and Gas Conservation Commission, spacing units, oil and gas wells, the integration of tracts, reporting requirements, public data, confidentiality of well and trade information, rules, and royalties and to provide for minimum surface use bonds.

In 2017, the Idaho Legislature modernized Chapter 3, Title 47, Idaho Code to provide additional guidance to operators, mineral interest owners, and the state. There were significant changes to statute at that time. After five years of operating under these new guidelines, the OGCC is recommending some additional changes to provide clarity to stakeholders. These changes improve and clarify reporting guidelines for the operator, allow changes to the makeup of the commission by removing the Director of the Department of Lands as well as changing the technical requirements of commissioners to better reflect the needs in Idaho. The changes also clarify just and reasonable terms for integration. Building these terms into statute allow mineral interest owners to be made aware of these terms prior to integration as required by the U.S. district court decision CAIA vs. Schultz.

Amends existing law to provide for the defensive display or declaration of a firearm and to provide that the defensive display or declaration of a firearm shall not be required in certain instances.

This bill protects the right of a person to declare or show that they possess a firearm to reasonably defend and protect themselves or another against the unlawful use or attempted use of physical force including deadly physical force.