Idaho Bills

Appropriates $36,232,700 to the Department of Commerce for fiscal year 2017; limits the number of authorized full-time equivalent positions to 43; and transfers $17,000 from the Small Business Assistance Fund to the Idaho Global Entrepreneurial Mission Fund.

This is the FY 2017 appropriation to the Department of Commerce in the amount of $36,232,700 with full-time equivalent positions capped at 43. This appropriation includes funding for benefit cost increases, statewide cost allocation, a 3% CEC, and the 27th pay period. The 3% CEC is a merit-based increase in employee compensation for permanent employees to be distributed at the discretion of each director. Line item 1 includes an appropriation to spend cash from the Idaho Global Entrepreneurial (IGEM) Fund. Of the amount, $29,600 is from money generated from the Science and Technology License Plate Fund that was replaced by the IGEM Fund in FY 2013. The other $17,000 is from the Small Business Assistance Fund, which is no longer in use by the department. Overall, this budget is a 0.3% increase above the FY 2016 appropriation. Section 3 authorizes a cash transfer from the Small Business Assistance Fund to the IGEM Fund.

Amends existing law to provide that certain persons may petition for a compromise of the claim of a minor, to provide for the order of priority to make a petition, to authorize a court to pass over a person having priority under certain conditions, to provide requirements for a petition, to authorize a court to take certain actions regarding a compromise, to provide for approval of a compromise and payment and to provide that no filing fee shall be charged for the filing of a petition.

This proposed legislation has been recommended by the Idaho Supreme Court's Guardianship and Conservatorship Committee. I.C. § 15-5-409a permits a minor's legal claim for money to be settled by the father or mother of the minor with whom the minor resides. In some cases, the minor's parents are deceased or unavailable, or the minor may not reside with them. In such cases, it may be difficult or impossible to settle the claim. This proposed legislation would allow other persons, such as a conservator, guardian, or other legal representative, to submit a proposed compromise of the claim to the court. A priority for who may settle the claim on behalf of the minor is specified. The proposed legislation also requires certain information to be provided to the court so that the court will be able to determine whether the compromise is reasonable and is in the best interest of the minor.

Amends and adds to existing law to revise the makeup of boards and to allow for an elected board; to provide that urban renewal plans be submitted to the State Tax Commission; and to provide the effect of an ordinance to modify an urban renewal plan.

ThislegislationistherecommendationoftheUrbanRenewalInterimCommitteecreatedbyHCR17 adopted in 2015. The purpose of this legislation is to provide transparency, accountability and modernization for the urban renewal process while maintaining a vital economic development tool for local governments in Idaho. The legislation first amends Section 50-2006, Idaho Code, and allows governing boards of urban renewal agencies to be elected if the local governing body adopts an ordinance to do so. Members of the local governing body must be less than a majority of the commissioners. Also, commissioners must be a resident of the county where the urban renewal agency is located or doing business. Section 50-2033, Idaho Code, is amended to provide that a revenue allocation area may only be amended to extend its boundaries and may be subject to statutory limitations. These limitations are contained in section 50-2903A, Idaho Code, which will be newly enacted. That section provides on and after July 1, 2016, when an urban renewal plan is modified, the base value for the year immediately following the year in which modification occurred shall include the current year's equalized assessed value of the taxable property in a revenue allocation area with some ministerial exceptions. This provision does provide for repayment of indebtedness in the event of a reset of the base. AnewSection50-2905A,IdahoCode,isaddedtoprovideforanelectionwhenaprojectfinancedby economic development funds will not be subject to property taxation. Public parking structures, or publicly owned infrastructure that includes streets, sewer or water connections, sidewalks, gutters, utilities or fiber-optic cable shall not be subject to a vote. The voting threshold shall be 60% of the voters voting. A new Section 50-2913, Idaho Code, is added to provide a repository at the State Tax Commission for Urban Renewal Plans or modifications to those plans. There is not a centralized repository currently and the State Tax Comm

Amends existing law to provide additional prohibited conduct regarding covenants, conditions or restrictions by homeowner's associations with exceptions.

This legislation protects the private property rights of Idaho homeowners by ensuring their right to rent their property is preserved. The legislation states that if a homeowner bought a home at a time when renting the home was allowed by a Homeowner's Association (HOA), the HOA may not create new Covenants, Conditions and Restrictions (CCR's) that change the existing right to rent without written consent of the homeowner. This would not impact CCR's that were in place prior to the time a homeowner purchased the property.

Adds to existing law to provide a way for cities or cemetery maintenance districts operating cemeteries to recover and resell unused cemetery lots.

Many cemeteries have lots that were originally sold decades ago and the owner may have subsequently moved from the community, or was buried in another cemetery, or the lot passed to a family member who may or may not be able to use it. This legislation provides a process for cities and cemetery districts to follow in these cases where lots that were purchased at least 50 years ago have not been used for burial purposes. The owner or their heir(s) are notified of the existence of the lot and given the opportunity to inform the city or district whether they intend to use the lot. If the owner or their heir(s) do not express an interest in the lot after notice is provided, then the city or district may follow the prescribed process to reclaim the lot for burial purposes. In the case that the owner, their heir or assign contacts the city or district to use a lot for burial that has been reclaimed by the city or district and resold to another person, the city or district must either (1) provide another lot in the cemetery for burial or (2) compensate the owner, heir or assign for the reasonable value of the lot as of the date the individual contacted the city or district.

Amends existing law to provide that certain requirements for granting of a withheld judgment shall not apply to certain defendants.

This proposed legislation would provide added incentive for some persons to enter and complete problem-solving court programs. I.C. § 37-2738(4) places stringent limitations on the granting of withheld judgments in controlled substance cases. Under current law, withheld judgments may be granted in these cases only if the defendant does not have a prior finding of guilt for any felony, controlled substance, driving under the influence, or driving without privileges offense; if the court has an abiding conviction that the defendant will successfully complete probation; and if the defendant has successfully cooperated with law enforcement in the prosecution of drug related crimes. Many district judges have voiced support for removing these conditions for withheld judgments for problem-solving court participants. They believe that for some defendants who truly merit withheld judgments, this will induce participation in and successful completion of problem-solving court programs and enhance the prospects for rehabilitation. Whether to grant a withheld judgment in a particular case would remain within the discretion of the court based on the record in the case and after input from the prosecutor and defense counsel.

Amends existing law to define "brewery" and "winery"; and to allow persons under 21 to enter or be on the premises of a licensed brewery where beer is consumed.

This bill brings breweries into alignment with wineries by allowing minors in tasting rooms. Current code allows them to enter a winery tasting room but does not account for breweries. Craft brewing is a new and growing industry in our state, and many of those breweries offer tours and tastings as a part of their business. Like wineries that offer tours, craft brewery tours and tasting rooms are an experience meant to focus on the craftsmanship of the brewers.

Appropriates $113,050,400 to the Department of Health and Welfare for the Public Health Services Division for fiscal year 2017; limits the number of authorized full-time equivalent positions to 233.34; provides for transfers to the Cooperative Welfare Fund; limits the transfer of funds budgeted for trustee and benefit payments; provides for program integrity; provides for specific use of General Fund moneys; and requires an annual report on accreditation status.

This is the fiscal year 2017 appropriation to the Department of Health and Welfare for the Division of Public Health Services. It includes $7,771,900 from the General Fund, $41,993,400 from dedicated funds, and $63,285,100 from federal funds for a total of $113,050,400 and 233.34 FTP. The bill also includes three sections of legislative intent language that are incorporated department wide and two sections specific to the division. The Division of Public Health Services includes the Physical Health Services, Emergency Medical Services, Laboratory Services and the newly created Suicide Prevention and Awareness Program. This bill includes adjustments for employee benefit costs, statewide cost allocation, 27th payroll, and the 3% merit-based change in employee compensation to be distributed at the discretion of the director. It also includes funding to replace six vehicles in the EMS Program, and to repair concrete and replace a water line at the state lab. There are eight additional enhancements provided for in this bill. Line item 7 provides $170,000 to replace the StateComm equipment. Line item 24 provides 1.00 FTP and $93,300 for a position that will oversee the accreditation process for the division; the FTP is approved on a one-time basis but funding is approved ongoing. Line item 28 provides one-time funding to cover the costs of vaccinationsforchildrenthatareinsuredbyTRICARE.Lineitem30providesone-timefundingfor the Expanded Access Program that provides specific medicine to children with seizures. Line item 32 adds 1.00 FTP and $83,300 for a position that will implement the transition from paper-based to an electronic-based system for the WIC program. Line item 35 provides $20,000 to xeriscape the grounds at the state laboratory. Next the bill provides $11,100 to cover increased costs for public safety communication sites. Finally, line item 39 adds 4.00 FTP and $971,100 to establish and implement a Suicide Prevention and Awareness Program. This program was reco

Appropriates $8,582,000 to the Legislative Branch for fiscal year 2017; reappropriates any unexpended and unencumbered balances in the Professional Services Fund; and exempts the appropriation from object transfer limitations.

This is the FY 2017 appropriation to the Legislative Branch which includes the Legislative Services Office which reports to the Legislative Council and the Office of Performance Evaluations which reports to the Joint Legislative Oversight Committee. Both offices received funding for the increased cost of benefits, replacement funding for computer equipment and software, adjustments for statewide cost allocation, and funding for a 3% change in employee compensation. Both agencies received funding for employee retention that will support promoting and compensating entry and mid-level professional staff so that the offices may be more competitive with other state employers. Both agencies received unlimited authority to transfer spending authority between expense classes and carryover from FY 2016 into FY 2017 for the Professional Services Fund. The Legislative Services Office received a total appropriation of $7,692,800 and the Office of Performance Evaluations received a total appropriation of $889,200, for a total of $8,582,000 or 7.4% increase.

Repeals existing law relating to regulation of contraceptives and prophylactics.

The Board of Pharmacy desires to delete Chapter 8 from Title 39, Idaho Code. Historically, the Board has not regulated the distribution and sale of non-prescription contraceptives and prophylactics and the Board considers such regulation outside the normal course and scope of its responsibilities. Nothing in this chapter relates to prescription contraceptives, the distribution and sale of which continues to be regulated according to state and federal law.

Amends existing law to revise age provisions associated with the purchase of wildlife management area upland game bird permits.

This bill amends section 36-409(i), Idaho Code, to raise the minimum age required to possess a Wildlife Management Area (WMA) Upland Game Bird Permit from age 17 to age 18. Possession of this permit is required to hunt pheasants at certain wildlife management areas designated by the commission where pheasants are stocked. This change will simplify the licensing rules for eligible individuals, who are 10 to 17 years of age, to hunt with a Junior Hunting or Combination license.

Amends existing law to revise provisions regarding tuition of out-of-district students, county taxes and other financial support.

Counties which do not have a community college district pay a portion of the community college tuitionofitsresidentstudents. Toensurethateachcountyispayingonbehalfofitsresidentstudents, students fill out paperwork, which the counties then review. The community colleges also send invoices to the counties for the county portion of its resident students. The counties review the invoices to ensure the students listed are indeed county residents, have not exceeded their statutory limits, and have not already been paid for that student in previous invoices. The process of reviewing the residency paperwork from the student and sending out accurate invoices from the community colleges has been cumbersome. Partly due to the lack of definite deadlines in statutes, certificates of residency and invoices have been submitted up to a year after the course was taken. This is problematic for community colleges, because they have had to wait months before receiving payment from some counties. In addition, the counties and the community colleges occasionally dispute the proper procedure, deadlines, and time lines for which the residency paperwork and the invoices should be processed. This bill would accomplish the following: • Create definite deadlines for when students must submit certificates of residency forms, when counties must approve those residency forms, when community colleges must invoice the counties, and when the counties must pay those invoices; • Require counties to pay only for students who have not dropped out of community college courses before the drop deadline; • Clarify terms and definitions about which students are in-district and out-of-district.

Appropriates $1,814,800 to the Division of Financial Management for fiscal year 2017; and limits the number of authorized full-time equivalent positions to 15.

This is the FY 2017 appropriation to the Division of Financial Management. The Division received an additional $15,800 for increased employer costs of benefits, $42,600 for an ongoing 3% merit-based increase in employee compensation for permanent employees to be distributed at the discretion of agency head, and $49,400 for the 27th Payroll. The Division's appropriation for FY 2017 is an increase of 6.3% from the General Fund and 6.3% increase in Total Funds and 15.00 authorized FTP.

Appropriates $6,309,900 to the Medical Boards for fiscal year 2017; and limits the number of authorized full-time equivalent positions to 48.2.

This is the fiscal year 2017 original appropriation for the Medical Boards. It includes $611,400 and 3.60 FTP for the Board of Dentistry; $1,856,500 and 15.00 FTP for the Board of Medicine; $1,521,100 and 12.00 FTP for the Board of Nursing; $2,020,300 and 15.00 FTP for the Board of Pharmacy; and $300,600 and 2.60 FTP for the Board of Veterinary Medicine. Adjustments for all medical boards include increases for employee benefit costs, adjustments for statewide cost allocation, an ongoing 3% merit-based increase in employee compensation for permanent employees to be distributed at the discretion of each director, and funding for the 27th payroll. Individual board adjustments are as follows: Board of Dentistry enhancements include an additional $40,000 to finish the process of procuring a new licensing system and $7,000 to replace various laptops and desktops. Board of Medicine enhancements include $5,100 for a contractual building lease increase, $13,700 to replace five laptop computers and various pieces of furniture, and $104,900 and 1.00 FTP to hire an in-house attorney. Board of Nursing enhancements include $5,000 for a contractual building lease increase, $30,000 to replace modular office furniture, $7,000 to pay for the vacation balances of a retiring employee, 1.00 FTP and 67,500 for a business systems manager position to handle the IT infrastructure and multiple databases, and $1,100 to purchase a new laptop for staff that have to travel for board hearings. Board of Pharmacy enhancements include $2,500 for a contractual building lease increase, $7,700 for general inflation, $62,000 for maintenance fees related to the Prescription Monitoring Program, $250,000 to purchase a new licensing system, $17,000 to expand the usable office space at their current location, and $6,700 to increase the board member compensation from $50 to $100, as provided with passage of house bill 336. Board of Veterinary Medicine enhancement includes $2,600 to replace two high-end deskto

Amends and adds to existing law to provide that the Idaho State Department of Agriculture shall be the delegated authority to regulate certain activities if specified conditions are met.

Currently, in the absence of other government oversight, food safety activities fall primarily under the jurisdiction of the Idaho Department of Health and Welfare (IDHW). However, for food processors the primary oversight for food safety and inspections falls within the jurisdiction of the federal Food and Drug Administration (FDA), under the authority of the Food Safety and Modernization Act (FSMA). As FSMA implementation proceeds, there is an expectation that the FDA will rely more heavily on the states with respect to food safety inspections. This legislation establishes the Idaho State Department of Agriculture (ISDA) as the delegated state authority for food regulation of any non-retail activities subject to FSMA. The bill also allows for a process to take place at a later date that would transition the food safety oversight and inspections for food processors from IDHW over to ISDA.

Amends and adds to existing law to revise and establish provisions regarding the residence requirements of fire protection commissioners; to provide requirements regarding the Board of Fire Protection Commissioners' responsibility to revise subdistricts; and to establish a process to decrease the size of a fire protection board.

This legislation gives the option for fire protection boards to reduce the board size from five commissioners to three, because of hard to fill positions. It also specifies time-frames to revise subdistricts in accordance with Idaho Code

Amends and adds to existing law to provide that sexual exploitation of a child by certain electronic means shall be a misdemeanor in certain instances and a felony in certain instances and that proceedings shall fall under the Juvenile Corrections Act and to provide that a minor who receives content and reports it to certain persons shall not be guilty of a crime.

The purpose of this legislation is to remove minors who self-produce and distribute sexually exploitive material (commonly known as "sexting") from statutes codified to target sexual predators, thereby eliminating the risk that "sexting" result in registry as a sex offender and reserving felony status for cases of repeated mass-distribution. The act also creates a clear differentiation between the act of the initial "sext" and the extortive behavior that often follows—to the great trauma of the original sender. The intent of the legislation is to create an environment where the sender of a "sext" feels more comfortable seeking help if he/she is being extorted by clearly declaring that, as an operation of law, the act of extortion is the greater evil.

Appropriates and transfers $60,000,000 from the General Fund to the Fire Suppression Deficiency Fund for fiscal year 2016.

This is a fiscal year 2016 supplemental appropriation and transfer in the amount of $60 million to cover the costs of wildfire suppression. The state forester described the 2015 fire season as the perfect storm. A mild winter, a warm dry spring and summer, record low soil and fuel moisture, record low humidity, high likelihood of ignition from lightning, a shortage of resources, and a long fire season. With that said, it was only slightly above average in terms of fire occurrence. There were 321 fires on lands protected by the state. That was 102 percent of the 20-year average of 315 fires. However, 16 escaped initial attack and the 78,571 acres burned were 391% percent of the 20-year average of 20,100 acres. Furthermore, the agency estimated fire costs of $60.2 million which was 354% of the ten year average of $17 million. The largest, most expensive fire was the Clearwater Complex that burned 68,100 acres, 62 residences, and 211 outbuildings. A large portion of the lands protected by the state are in the wildland urban interface (WUI).

Amends existing law to provide conditions when the surviving spouse of a qualified veteran may obtain veterans license plates.

ThepurposeofthislegislationistoallowsurvivingspousesofAmericanheroestocontinuetohonor their loved ones' service to our nation by expanding their eligibility to display veteran's license plates. By doing so, this legislation also recognizes the special and invaluable contributions that service spouses make to our nation, their veterans, and military service.

Amends existing law regarding the transfer of accrued sick leave for certain employees; and to revise provisions regarding accrued unused sick leave.

Amendments would provide clarification regarding the transfer of sick leave for state employees who have worked for a state educational entity and transfer to another state educational entity or other state agency. This would include staff who have worked for either a public four-year institution, the Idaho Digital Learning Academy, or school district who accepts a new position at a postsecondary institution or vice versa. Additional amendments define the currently undefined term "state educational agencies" and remove the 90-day leave maximum for community college and school district employees.

Repeals and adds to existing law regarding the duties of the Adjutant General.

The purpose of this legislative proposal is to amend and update the duties of the adjutant general as military chief of staff, director of the Idaho Military Division and to provide the adjutant general with certain additional duties.

Appropriates and transfers from the General Fund $34,500,000 to the Fire Suppression Deficiency Fund for fiscal year 2017.

This is a fiscal year 2017 appropriation and transfer of $34.5 million from the General Fund to the Fire Suppression Deficiency Fund. It is the average of the last three years of estimated fire suppression costs paid by the Idaho Department of Lands to suppress wild fires on lands protected by the state and two timber protective associations. That is, $34.5 million is the average of $15.6 millionforcalendaryear2013, $27.7millionforcalendaryear2014, and$60.2millionforcalendar year 2015.

Amends existing law to remove an exception to the rule that any taxing district must be formed or organized by the first day of January in order to make a levy for that calendar year.

The purpose of this legislation is to reduce the likelihood of levy calculation errors and mapping and tax code area inconsistencies by requiring all taxing districts to be formed by January 1 to levy property tax in the subsequent year.

Appropriates an additional $5,482,800 to the Public Defense Commission for fiscal year 2017; and authorizes an additional 4.5 full-time equivalent positions.

This is a trailer appropriation bill that provides funding to the Public Defense Commission for costs associated with its expanded roles and responsibilities, as established by H504. This bill appropriates an additional $5,482,800 to the Public Defense Commission for FY 2017 as follows: $4,266,500 for formulaic grants to counties to offset the cost of compliance with indigent defense standards; $550,000 to incentivize counties to merge their services and form joint public defender offices; $250,000 for additional funding to counties for extraordinary litigation costs; and $368,700 in personnel costs, $34,200 in operating expenditures, $13,400 in one-time capital outlay, and 4.50 FTP to the Public Defense Commission.

Amends existing law to provide an additional allocation amount for certain Career Technical Education instructional staff.

This legislation adds to provisions of the career ladder to provide an allocation of $3,000 for school district and charter school instructional staff who hold an occupational specialist certificate. This provision will assist school districts and charter schools in recruiting and retaining instructors for career technical education programs.