Idaho Bills

Amends existing law to provide for collection and enforcement.

1. Proposed change: Currently sections 63-2516 and 63-2563, Idaho Code, do not have a reference to 63-3045B, which explains the taxpayer's rights and obligations. This bill adds that reference to sections 63-2516 and 63-2563, Idaho Code. 2. The statute being added, 63-3045B, includes the taxpayer's rights to appeal an audit if they disagree with the report. This bill is also doing some clean up by replacing a couple of long lists of statutes by using a range of the first one through the last one to make it easier to read. 3. Background: Sections 63-2516 and 63-2563 are the collection and enforcement statutes for cigarette and tobacco products. The audit notice and appeals rules for taxpayers are in the income tax section of our laws. The list of statutes contained in each of these refers to income tax laws that contain the rights and obligations of taxpayers.

Appropriates $53,545,700 to the Public Schools Educational Support Program/Division of Facilities for fiscal year 2019; provides moneys for the Bond Levy Equalization Fund; specifies the amount of revenue to be distributed to the General Fund; and makes a transfer to the Public School Income Fund.

This is the FY 2019 original appropriation bill for the Division of Facilities for the Public Schools Educational Support Program. It appropriates $53,545,700. This includes $22,186,500 from the General Fund and $31,359,200 from dedicated funds. This appropriation funds the Bond Levy Equalization Program, the Charter School Facilities Program, and the School Facilities Maintenance Match Program. The estimated cost of the Bond Levy Equalization Program is $23,184,500 and is funded from a mix of $10,387,800 from the General Fund (transferred from cigarette tax revenue), $12,375,000 of Idaho Lottery proceeds directed by statute to the Bond Levy Equalization Program, and $421,700 from the fund balance in the Bond Levy Equalization Fund. The estimated cost for charter school facilities is $7,893,700, all from the General Fund. The estimated cost of the state facilities maintenance match is $22,467,500 and is funded from a combination of $3,905,000 from the General Fund and $18,562,500 from the School District Building Account, which receives moneys directly from the Idaho Lottery. The net increase of these nondiscretionary adjustments is $5,059,100. This bill results in an increase of all funds of 10.4%.

Amends existing law to revise provisions regarding funding for career technical schools.

The proposed legislation amends Section 33-1002G, Idaho Code, to eliminate the support unit reference in how career technical schools are funded. Eliminating this reference will provide the Division of Career Technical Education with the flexibility to propose future amendments to IDAPA 55.01.03, which outlines the specific process for funding these schools. In addition, the proposed legislation clarifies the specific funding eligibility requirements for a career technical school. Under the existing language, career technical schools are funded using a formula that uses the average daily attendance of students attending a particular career technical school. This approach does not take into account the separate and distinct costs of career technicalprograms,norcanitbeaccuratelycalculatedwithinthestate'scurrentdatareportingsystem. Under the proposed legislation, the duplicate language in Section 33-1002G, Idaho Code, regarding the secondary support unit multiplier would be removed. This change will result in no changes to the current funding calculations. The duplicate language in Administrative Code would remain in place until such time as amendments could be brought forward to the legislature for consideration. Additional amendments clarify the enrollment requirements for a career technical school and ensures schools enroll students from more than one attendance area. Pursuant to Section 33-1002G, Idaho Code, added cost funding is appropriated for the purpose of supporting the added cost of eligible career technical schools. Career technical schools are intended to deliver high-end technical education programs that go beyond the scope of traditional career technical education programs.

Appropriates $31,331,100 to the Agricultural Research and Cooperative Extension Service for fiscal year 2019; and exempts the appropriation from object transfer limitations.

This is the FY 2019 original appropriation bill for the Agricultural Research & Extension Service at the University of Idaho. It appropriates $31,331,100 and does not cap the number of positions. For benefit costs, the bill removes $427,100 per eligible FTP to bring the annual employer contribution for health insurance down to $11,650 by including a two-month employee and employer premium holiday, adds a 6.8% increase for life insurance, and adjusts funding for workers' compensation in amounts that vary by agency. Funding for replacement items includes $127,900 for the replacement of irrigation pipe at Tetonia Farms. The bill also provides funding for a 3% ongoing merit-based salary increase for permanent employees, to be distributed at the discretion of the institution president. The bill funds no line items.

Repeals and adds to existing law to create the Barber and Cosmetology Services Act.

This bill combines the Boards of Barber Examiners and Cosmetology, protects the public ensuring safety and disinfection training for licensees and certificate holders, and provides more flexibility to individuals entering the profession by allowing them to select a more focused area of preparation and practice. Among its provisions: • Reduces the minimum hours of instruction required for a cosmetology license; • Reduces the minimum hours of instruction required for an electrology license; • Creates a new certificate for people who only want to perform makeup artistry and not practice the full scope of cosmetology or esthetics; • Allows licensees to perform certain services for compensation outside of licensed establishments without limit; • Allows transfer of educational hours between the professions (thus reducing the number of hours needed to obtain another related license); • Allows employees of retail thermal styling equipment dealers to demonstrate equipment on potential customers; • Exempts out-of-state licensees whose work in Idaho is incidental to theatrical or visual arts productions; and • Expands exemptions for students and out-of-state licensees who are in Idaho to demonstrate or teach. The combined barber examiners and cosmetology board will include representation from both professions and the public and will facilitate efficiencies in the administration of the law.

Amends existing law to remove a provision regarding inactive certificates of competency.

The current statute allows plumbing contractors and specialty contractors to renew their license on an inactive basis annually at a reduced fee of $36 dollars if they are not actively engaged in plumbing contracting in the state. The Plumbing Board, industry, and the Division of Building Safety feel that after payment of the initial fee for placing a license in an inactive status, there should not be any addition annual fee for continuing to keep the license inactive, until contractors actually re-activate their licenses.

Amends existing law to provide a date change for reports by the Credit Rating Enhancement Committee.

This legislation would change the date that the Credit Rating Enhancement Committee's annual report is due to the governor and the legislature to December 1 (currently August 1). This date change would allow the time needed to prepare the report and have a committee meeting, if needed, in advance of report issuance. Currently, the one month window is too short to facilitate both report preparation and a committee meeting between the end of the fiscal year and August 1. The December 1 date would allow time for the legislature to review in advance of the upcoming legislative session.

Amends and adds to existing law to revise provisions regarding the regulation of nonretail activities subject to the food and drug administration's Food Safety Modernization Act; to provide for the transition of existing contracts and contracting authority; to provide for administration and enforcement; to provide for inspections; to provide for violations and penalties; and to provide for produce that is in violation of specified law or rules.

This legislation does two things. First, for the human food manufactures, 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). The FDA contracts a number of these inspections out to the State of Idaho. Currently, they are contracted with the Idaho Department of Health and Welfare. This legislation would transition that responsibility over to the Idaho Department of Agriculture by fiscal year 2020. In addition, FSMA requires food safety inspections in some instances for production agriculture under the auspices of the federal produce safety rule. This legislation authorizes the ISDA to administer and enforce the produce safety rule, not to exceed the standards required by federal law.

Appropriates an additional $26,000 to the Commission on Hispanic Affairs for fiscal year 2018.

This is an FY 2018 supplemental appropriation bill for the Commission on Hispanic Affairs. It includes an additional $26,000 in ongoing personnel costs from the General Fund to fully fund 2.00 of the 3.00 appropriated FTP from the General Fund. This bill also transfers 0.30 FTP from the Federal Grant Fund to the General Fund, for a net change of zero to the total FTP count.

Appropriates $2,421,200 to the Executive Office of the Governor for fiscal year 2019; limits the number of authorized full-time equivalent positions to 21.00; and exempts the appropriation from object and program transfer limitations.

This is the FY 2019 original appropriation to the Executive Office of the Governor. It appropriates $2,421,200 and caps the number of authorized full-time equivalent positions at 21.00. For benefit costs, the bill removes $1,450 per eligible FTP to bring the annual employer contribution for health insurance down to $11,650 by including a two-month employee and employer premium holiday, adds a 6.8% increase for life insurance, and increases funding for workers' compensation. This bill reduces $500 for statewide cost allocation, adds $1,100 for the Governor's salary annualization for the first half of fiscal year 2019, and adds $49,900 for an ongoing 3% merit-based salary increase for permanent employees to be distributed at the discretion of the Governor. The bill funds four line items. Line item one provides $8,600 for information technology that includes software subscriptions, network support, and internet/security fees. Line item two provides $25,000 of onetime dedicated funds for the Governor-elect transition pursuant to Section 67-815, Idaho Code. Line item three removes 1.00 FTP and $180,900 to move the director of information security to the newly created Office of Information Technology Services. Line item four provides $200,000 onetime for public service announcement content and airtime related to school safety. This appropriation results in a 2.0% increase from the General Fund and 3.1% from all funds.

Amends existing law to revise the definition of “health care organization” and to revise provisions regarding exceptions to privilege and confidentiality.

Thepurposeofthisproposalistoaddresidentialcarefacilitiestothedefinitionofa"healthcareorganization" in the peer review statute. This definition currently includes hospitals, licensed emergency medical services, managed care organizations, group medical practices and skilled nursing facilities.

Amends existing law to remove obsolete language and clarify the type of licensure required in occupational therapy and for board appointments.

This legislation, proposed by the Occupational Therapy Licensure Board, removes obsolete terms related to qualifications for board appointments from the Occupational Therapy Practice Act (Act). It clarifies that the definitions of "Graduate Occupational Therapy Assistant," "Occupational Therapist," and "Occupational Therapy Assistant" refer to persons regulated by the Act, and it removes an obsolete provision pertaining to endorsement licensure.

Amends existing law to require certain information about abortion to be posted on the Department of Health and Welfare website.

It is the purpose of this legislation to require the Department of Health and Welfare to provide additional information, within existing informed consent materials, to a patient considering a chemical abortion including information on contacting health care professionals with whom she can consult about treatment decisions and potential outcome options. \

Adds to existing law to provide that certain persons seeking or needing medical assistance for a drug-related overdose shall not be charged or prosecuted for certain crimes.

This legislation intends to add a new Idaho Code Section 37-2739c to provide that certain persons acting in goodfaithseekingorneedingmedicalassistancefordrugrelatedoverdoseshallnotbechargedorprosecuted for possession of controlled substances or drug paraphernalia. This Good Samaritan legislation shall not be grounds for suppression of evidence in other criminal charges