Idaho Bills

Amends, repeals, and adds to existing law to remove provisions previously related to the Department of Health and Welfare that are now assigned to other state agencies.

This bill updates references to DHW and DHW-connected programs. For example, there remain in code several referenced to when DHW did functions now assigned to IDJC or DEQ. This bill cleans up all those references to reflect what is actually assigned to DHW and what is not.

Repeals and adds to existing law to provide for the recognition of the EMS personnel licensure interstate compact.

This is a trailer bill to RS 32075 (EMS Bill). This bill makes no substantive changes to law and merely moves the REPLICA compact among states for EMS (currently found at I.C. § 56-1013C through 56-1013Q), which has been in law since 2016, to a single section in the new chapter created by the EMS Bill. This bill should not be considered or advanced without the prior or concurrent consideration of the EMS Bill.

Amends, repeals, and adds to existing law to revise provisions regarding behavioral health services.

This bill simplifies the fee determination for patients and families receiving adult or children’s mental health services through the Department of Health and Welfare. The current fee schedule is complex and cannot be easily implemented under the new Idaho Behavioral Health Plan contract. The fee schedule is eliminated, but the 5% cap on out-of-pocket expenses is retained for patients and parents with the ability to pay. Associated regulations are moved into statute in conjunction with this bill.

Adds to existing law to require state websites to contain certain rule and policy documents and a certain statement.

The bill makes administrative rules and policies more transparent for citizens. The language requires state departments and constitutional officers that currently have an online presence to publish their current administrative rules and policies online. These documents must be reviewed and updated at least annually for accuracy.

Amends existing law to require the Secretary of State to prescribe certain financing statement forms in compliance with the Uniform Commercial Code.

This legislation removes images of UCC forms from statute and instead authorizes the Secretary of State to prescribe forms that are in compliance with the UCC.

Amends and adds to existing law to establish An Appeal to Heaven license plates.

This legislation authorizes AN APPEAL TO HEAVEN special license plates, based on the pine tree flag flown by George Washington's naval cruisers at the outset of the Revolutionary War in 1775, and similar to the design reflected in the U.S. Postal Service's 1968 6-cent stamp, which commemorated this flag.

Amends existing law to revise provisions regarding denial of school attendance and denial of transfer enrollment applications.

This legislation amends Idaho Code 33-205 to allow school boards to deny enrollment for pupils that have severe behavior issues if they are being disenrolled in lieu of discipline or expulsion. It also requires parents/guardians to disclose a conviction of adjudication of a severe crime as listed in Section 20-525A when a pupil is enrolled or searching enrollment. In each instance the parents/guardians are to be notified in writing and are allowed to appear before the school board to contest the action.

Amends and adds to existing law to establish provisions requiring permission for instruction addressing human sexuality.

This legislation requires an affirmative action from parents or guardians to opt in to all sexually explicit material. This legislation provides a definition of human sexuality. It provides direction as to the notification of parents at least two weeks before instruction is given. The notification shall provide a brief description of the content of the instruction along with an opportunity to review the material to be taught. This further requires that alternative educational instruction be provided to any child that does not participate. Finally, this provides direction should a child receive instruction without the permission of the parent.

Adds to existing law to establish provisions for the protection of certain speech on college campuses.

This legislation protects our first amendment rights to free speech on public campuses of higher education. This legislation makes clear through definitions would correct previous misunderstandings of the role that higher education must play in preserving the free expression of speech on campus. The United States Supreme Court stated, in Healy v. James, that public universities act as “peculiarly the marketplace of ideas,” where young adults learn to exercise the constitutional rights necessary to participate in this system of government and to tolerate others’ exercise of the same rights, and there is “no room for the view that… first amendment protections should apply with less force on college campuses than in the community at large.” The United States Supreme Court also warned in Sweezy v. New Hampshire that if public universities stifle student speech and prevent the open exchange of ideas on campus, “our civilization will stagnate and die.”

Adds to existing law to provide for certain live virtual re-inspections and to provide for timely inspections and the option for third-party inspections in certain situations.

This bill modernizes Idaho's building inspection process by authorizing live virtual inspections, improving efficiency in permitting and compliance. It allows state and local government inspectors to conduct live virtual inspections, using electronic or visual aids, reducing delays while maintaining safety standards. However, virtual inspections are restricted for structural assessments of buildings three stories or higher to ensure structural integrity. Additionally, the bill establishes inspection timeliness requirements. If an inspection request is not completed within 15 business days, the permit holder may hire a third-party inspector, with costs reimbursed by the responsible government entity. It also provides a fee refund mechanism, ensuring that if an inspection fails but no reason is provided within three days, the permit holder receives a 10% refund of applicable fees. These provisions promote accountability, efficiency, and fairness in Idaho's building inspection system.

Relates to the appropriation to the Department of Commerce, Department of Environmental Quality, and the Department of Health and Welfare for fiscal year 2025.

This is a fiscal year 2025 supplemental appropriation for the Department of Commerce, Department of Environmental Quality, and the Department of Health and Welfare. These actions make corrections to the fiscal year 2025 appropriations. Firstly, sections one and two align reappropriated moneys for broadband funding. This is a net zero change to the appropriation that moves moneys from the Commerce Program to the Broadband Office within the department. In 2024, the Legislature created a new budgeted program in the Department of Commerce to provide more transparency and oversight of funding spent on broadband projects. This appropriation aligns spending with oversight. Secondly, section 3 transfers $2,000,000 from the General Fund to the DEQ General Fund (within the Department of Environmental Quality). The 2024 Legislature appropriated and transferred $2,000,000 from the DEQ General Fund to the CAFO Improvement Fund to provide support for projects pursuant to Section 39-3628B, Idaho Code. The language in the 2024 appropriation bill directed funds be transferred from the DEQ General Fund, not from the General Fund as voted on by the Joint Finance and Appropriations Committee. Finally, sections four through seven make two net-zero transfers from trustee and benefit payments to operating expenditures. These moneys are required to be expended as operating expenditures pursuant to audit guidance. The Department of Health and Welfare's appropriation was limited so as to now allow the department of move moneys from trustee and benefit funds to other expenditure categories. This action aligns the appropriation with the proper expenditure category.

Relates to the maintenance appropriations to the executive offices of the Governor, Lieutenant Governor, Attorney General, State Controller, Secretary of State, and State Treasurer for fiscal year 2026.

This is the FY 2026 Maintenance Appropriation for the Constitutional Officers. This bill includes appropriations to the Executive Office of the Governor, the Lieutenant Governor, the Attorney General, the State Controller, the Secretary of State, and the State Treasurer. The appropriation includes personnel benefit costs, contract inflation, statewide cost allocation, and change in employee compensation.

Amends existing law to provide additional time to respond to requests for public records from nonresidents and to allow a different fee schedule to fulfill nonresident requests.

The purpose of this legislation is to allow state and local governments additional time to respond to requests for public records from nonresidents, and to allow a different fee schedule to fulfill nonresident fee requests. Nonresident public records requests would need to be fulfilled within 30 days, subject to extension for unusual or exigent circumstances. The fee schedule for nonresident record requests would be allowed to be commensurate with actual costs of the agency from start to finish of request fulfillment.