Idaho Bills

Relates to the appropriations to the Office of the State Controller and the Legislative Services Office for fiscal years 2021 and 2022.

This is a trailer appropriation bill for the Office of the State Controller and the Legislative Services Office. It addresses the fiscal impact of H73, which creates uniform accounting, budgeting, and financial reporting procedures for local governments and a public website through which local governments must report their financial data to the Legislature. The bill provides a supplemental appropriation for the Office of the State Controller in FY 2021 to enable the agency to begin implementation as soon as possible, as well as an appropriation in FY 2022 for additional staff and operating expenditures to develop and maintain an online financial reporting platform for local governments. The bill also provides an FY 2022 appropriation for the Legislative Services Office to audit the financial data provided by local governments.

Amends existing law to revise provisions regarding the storage of records belonging to the Secretary of State.

This legislation eliminates the requirement that the Secretary of State get permission from the Board of Examiners before moving records to off-site storage. There is no evidence that this unnecessarily bureaucratic procedure has been followed in decades.

Adds to existing law to provide for the right of a taxpayer to appear in person or through a representative of his choice at a hearing of the Board of Tax Appeals.

This legislation will allow taxpayers the right to have another person of their choosing represent them in a hearing or rehearing held on the taxpayer's appeal before the Board of Tax Appeals.

Amends existing law to provide for the prescribing of certain drugs via telehealth in compliance with federal law.

This bill clarifies the requirements necessary for prescribing medications via telehealth, expanding beyond the current limitations of the act. This is in alignment with the allowances made during the COVID-19 pandemic response.

Amends existing law to revise provisions regarding the authority of those performing security duties at the Orchard training area and to remove a POST training requirement.

1. TheIdahoNationalGuardrequiressecurityattheOCTC.Currentsecuritypersonnelarenotlawenforcement officers. Thoughthesepersonnelaretrainedasmilitarysecurity, thepersonnelarenotcertifiedlawenforcement officers as defined under Idaho Law. As such they do not have the legal authority to "arrest" as provided in Idaho Code Section 46-408. OCTC security personnel can only "detain" suspects until local law enforcement can respond to an incident. The requirement to have lawful powers of arrest as provided in Idaho Code Section 46-408 is not feasible. Thus, the Idaho Military Division recommends striking the word "arrest" from Section 46-408. 2. The requirement to have security personnel attend the Idaho POST academy is an unnecessary and untenable requirement. As mentioned, OCTC personnel simply detain and turn over suspects to local law enforcement. ThisrequirementdoesnotreflectcurrentproceduresbecausethereisinsufficientfundingtosendOCTCsecurity personnel to the POST academy and it does not reflect current operational realities in the OCTC. Therefore the Idaho Military Division recommends striking the requirement to attend the Idaho POST academy.

Repeals, amends, and adds to existing law to provide for bond and levy election disclosures and penalties for violations.

To ensure transparency in bond and levy elections by ensuring full disclosure of anticipated tax increases to voters and precluding additional distracting information about other bond and levy obligations which are not impacted by the outcome of the ballot question. The legislation also provides for nullification and penalty if provisions are violated.

Relates to the appropriation to the Workforce Development Council for fiscal year 2022.

This is the FY 2022 original appropriation bill for the Workforce Development Council. It appropriates a total of $9,337,800 and caps the number of authorized full-time equivalent positions at 6.00. For benefit costs, the bill maintains the current appropriated amount for health insurance at $11,650 per eligible FTP, extends the holiday for the employer's sick leave contribution rate for another year, and restores funding for the employer's unemployment insurance contribution rate. The bill also provides funding for the equivalent of a 2% change in employee compensation for permanent state employees. The bill funds one line item, which provides 1.00 FTP and $749,000 to administer Youth Apprenticeship Readiness Grants.

Amends existing law to revise provisions regarding the alcoholic content of beer, to provide for a certain tax and revenue distribution, and to provide for the distribution of certain revenue to the Idaho Grape Growers and Wine Producers Account.

This legislation will regulate all beer products regardless of alcohol content and will change the standard of measurementfromalcoholbyweighttoalcoholbyvolumetoalignIdaholawwithFederallaws. Thislegislation authorizes over the course of three years, 5% of tax revenues derived from “strong beer” to be reallocated from the Idaho Grape Growers and Wine Producers Commission to the Idaho Hop Growers Commission. This reallocation would reduce the Idaho Grape Growers & Wine Producers Commission budget by approximately $146,335.20. ThisLegislationmakestheIdahoGrape&WineCommission’sbudgetwholeagainbyincreasing the Commission’s current percentage of the wine excise tax allocation (only the wine that is produced and sold in Idaho) to eighty-eight percent (88%) over the course of three years. In 1988 legislation was passed and signed into law that made “strong beer” (beer exceeding 4% alcohol by weight) considered and taxed as wine. In 1994 legislation was passed and signed into law that authorized the Idaho Grape Growers & Wine Producers Commission to receive 5% of the total wine excise tax (for both in-state and out-of-state wine that is sold.) Almost 50% of all wine excise taxes are derived from strong beer sales.

Amends existing law to define terms, to revise definitions, and to revise the powers and duties of the director of the Department of Health and Welfare.

This legislation clarifies the definitions of "quarantine" and "isolation" and adds definitions for "biological agent," "chemical agent," "medically unknown symptoms," and "restricted access" in Idaho Code § 56-1001. It also clarifies the powers of the Director Health & Welfare in Idaho Code § 56-1003 as it relates to the promulgation of rules and issuing of orders of isolation, quarantine, and restricted access. Additionally, it adds language to allow for a request to the courts for review of an order issued by the Director.

Amends existing law to provide for certain on-track equipment on railroad tracks.

Under Idaho’s current Vehicle Code statutes, a motorist is responsible to stop so many feet away from a crossing when a "train" is approaching; "on-track equipment" is not mentioned. Modern on-track maintenance equipment has evolved into “train like” machines that present the same dangers as a train. This legislation adds the language “or other on-track equipment” into Idaho’s Vehicle Code statute anywhere it delineates a motorist’s responsibilities at a railroad crossing or when a “train” is present. This legislation is a simple bi-partisan rail safety effort supported by the railroad carriers, rail safety advocates, rail labor and railroad contractors. There has been no opposition because this is a public safety issue. Twenty-eight states have already passed this legislation and an additional seven states are in the process of passing it.

Amends existing law to allow for the placement of Purple Heart license plates on more than one vehicle or motorcycle owned by a qualifying person.

This legislation will allow a Purple Heart recipient to have more than two vehicles with Purple Heart license plates. Current law only allows a Purple Heart recipient to have two vehicles with Purple Heart plates.

States findings of the Legislature and creates a legislative interim committee to study and make recommendations regarding the expenditure of certain federal funds received under the American Rescue Plan Act of 2021.

This legislation would authorize a committee comprised of both Senate and House membership to review the use of ARPA funds for federal programs.

Amends existing law to provide for vacation of certain rights-of-way without compensation.

Development of existing but unimproved or undeveloped subdivision plats occasionally includes the reconfiguration of dedicated public right-of-way within the platted subdivision with dedication of new public right-of-way in exchange for the vacation or abandonment of existing dedicated public right-of-way. The current law does not adequately address this scenario and requires compensation for right-of-way to be vacated, resulting in additional costs and expenses to developers and road agencies. Vacation of unimproved or undeveloped platted public right-of-way in exchange for the dedication of new public right-of-way benefits the public and developers alike. This legislation recognizes this unique situation and provides for the vacation or abandonment of unimproved or undeveloped platted public right-of-way in exchange for the dedication of new public right-of-way without compensation, as otherwise would be required by law.

Amends existing law to provide that certain information be included in an annual report submitted to the Governor and Legislature by the administrator of the Division of Human Resources.

Each year the Division of Human Resources compiles a report to show how the compensation for state of Idaho employees compares to relevant markets. The compensation package offered to employees is in part driven using salary savings. This legislation will require the annual report to depict the amount of salary savings Idaho has each year and the final dispensation of that resource.

Amends existing law to remove obsolete provisions and to revise provisions regarding disclosure of records.

Consistent with the Governor's Red Tape Reduction Act, this bill seeks to eliminate inactive provisions of law. ARTIFICIAL INSEMINATION: During the process of reauthorizing Idaho’s administrative rules in 2019, IDAPA 16.02.08.900 “Request and Consent for Artificial Insemination” and 16.02.08.251(e)(the filing fee) were not reauthorized. Idaho Code section 39-5403(2-3) outlines the requirements to file copies of the request and consent for artificial insemination. There have been no filings of these reports to the Department of Health andWelfareandtheDepartmentdoesnotneedtohavethem. Deletingthesetwosectionswillremoveunneeded regulation from Idaho’s laws. FRAUD PREVENTION: Currently, Idaho Vital Records law is overly narrow on how it allows interaction with law enforcement and other agencies to prevent fraud. IC 39-270 limits the Bureau of Vital Records and Health Statistics to providing information when the fraud is related to benefit payments and when it is requested by another agency. The proposed changes will enable the Bureau to proactively work with relevant agencies to prevent all types of fraud. This legislation would also allow information from certificates to be shared for child protection as well as child support enforcement.

Relates to the appropriation to the Public Employee Retirement System of Idaho for fiscal year 2022.

This is the FY 2022 original appropriation bill for the Public Employee Retirement System of Idaho (PERSI). It appropriatesatotalof$9,143,400andcapsthenumberofauthorizedfull-timeequivalentpositionsat73.00. For benefitcosts,thebillmaintainsthecurrentappropriatedamountforhealthinsuranceat$11,650pereligibleFTP, extends the holiday for the employer's sick leave contribution rate for another year, and restores funding for the employer's unemployment insurance contribution rate. Funding for replacement items includes $292,500 for officeITequipment. Thebillalsoprovidesfundingfortheequivalentofa2%changeinemployeecompensation for permanent state employees and a 2% upward shift in the compensation schedule.

Relates to the appropriation to the Catastrophic Health Care Program for fiscal year 2021.

This is the FY 2021 supplemental appropriation bill for the Catastrophic Health Care Program, also known as the CAT Fund or CAT Program. TheCatastrophicHealthCareProgramwasestablishedinIdahoCode(Section31-3517)tomeettheneedsofthe medically indigent in Idaho who do not qualify for state or federal Health and Welfare programs but do qualify for county assistance. Section 57-813, Idaho Code, provides for the creation of the continuously appropriated CAT Fund, and provides that the appropriate county is responsible for the first $11,000 in medical bills incurred by each medically indigent individual in any twelve month period. Section 39-3519, Idaho Code, also requires the CAT Program to pay for all eligible and approved medical bills within 45 days of board approval and for eligible amounts in excess of the county's portion of $11,000. For the first six months of the current fiscal year, the CAT Board approved and expended just over $7 million in claims. The CAT Board estimates spending about the same amount in the second half of the fiscal year. Any amount appropriated in the bill that is unexpended at the end of the fiscal year will remain in CAT Fund and will be available for claims in FY 2022. This funding is needed to pay for claims and services that have already been provided on behalf of an Idahoan that is eligible for services pursuant to Idaho Code. If the legislation is not approved, the CAT Board will have to hold claims payments until additional funding is provided.