Idaho Bills

States findings of the Legislature and calls on Congress to amend the Equal Access to Justice Act.

The Equal Access to Justice Act (EAJA) was enacted by the Congress in 1981. The purpose of the EAJA is to provide plaintiffs (citizens) an opportunity to collect legal fees when certain departments of the federal government have violated or interpreted laws or regulations of the United States. Since the inception of the EAJA, most of the awards for legal fees have been awarded to cases involving Social Security and Veterans services. However, natural resource and environmental issues are often tied-up in court for extended periods of time because of the EAJA as well. One reason for this is the current option to file suit against a project knowing that there is a good chance for the reimbursement of legal fees even though a plaintiff may not prevail in the case. This Joint Memorial calls on the US House of Representatives and the US Senate to re-evaluate the effectiveness of the Equal Access to Justice Act (EAJA) for environmental and natural resource matters.

YOUTH SAFETY AND PERMANENCY- Relates to the appropriation to the Department of Health and Welfare for fiscal years 2025 and 2026.

This appropriation to the Department of Health and Welfare for the Division of Youth Safety and Permanency provides enhancements to the FY 2026 maintenance budget and adjustments to the FY 2025 appropriation. For FY 2026 this bill includes funding for five enhancements and population forecast adjustments. Enhancements include: prevention specialist staff to allow more children to be served safely in their homes by a family service workerpreventionspecialistsupportingboththechildandfamily; youthsafetyandpermanencystafftoprovide needs assessments to any child who has entered or is projected to enter a high level of care such as residential treatment or group homes; foster program clinical staff assigned to the congregate care unit to provide intensive support to foster families who have accepted placement of a youth with high emotional, behavioral, and mental healthneeds,aswellastoprovidea24/7supportlineforfosterparent; fosterprogramlicensingstafftofacilitate thelicensingprocessforbothfosterfamiliesandrelatedkin; andfundingforthecontinuedleasingandoperation ofthePayetteAssessmentandCareCenterforfosteryouth. ThetotalnumberofnewFTPbeingaddedtoYouth Safety and Permanency in this appropriation is 63.00. The bill also includes a FY 2025 supplemental appropriation for mid-year population forecast adjustments. This bill includes five sections of language providing guidance on federal funding limitations, directing the division to provide reports to the Legislature on the status of meeting the 1:1 ratio of foster families to foster children, as well as language that provides transfer limitation exemptions for Youth Safety and Permanency in FY 2025 and FY 2026, and the standard conditions, limitations, and restrictions language. Thisbilldoesnotincludeanappropriationforthepurchaseof, andfull-timestaffingfor, thePayetteAssessment and Care Center. This bill also does not include six additional licensing staff requested by the department.

Adds to existing law to establish the Wildfire Standard of Care Act.

This legislation creates the "Wildfire Standard of Care Act" under Title 61, Chapter 18 to create a standard of care through electric utility wildfire mitigation plans, subject to approval by the Idaho Public Utilities Commission (lPUC) for regulated utilities. In recent years, wildfires have bankrupted utilities and driven their customers' monthly bills to crippling levels. In part, this is due to courts holding utilities liable for wildfire damages, despite no finding of fault or causation. Many of Idaho's utilities, especially small and rural co-ops, could not survive those losses. Higher bills would harm Idaho's economy and place extreme burden on low- and fixed-income customers. The "Wildfire Standard of Care Act" protects customers and member-owners from the impacts of wildfire by empowering the IPUC to setclearandconsistentexpectationsforutilities'wildfiremitigationefforts, holdingutilitiestoarobuststandard of care in operations, maintenance, repair, and upgrades, and outlining liabilities for utilities that fail to meet IPUC requirements. It also motivates federal agencies to promptly authorize wildfire mitigation work.

Adds to existing law to establish provisions regarding a limited alternative remedy to remove unauthorized persons from residential real property, to provide for the crime of making false statements to detain real property, and to provide for the crime of fraudulent sale or lease of residential real property.

This legislation is commonly referred to as a "squatters bill" in other states. It allows the removal of persons from real property, by the lawful owner only when specific conditions are met as is itemized in 6-310A(2) of this legislation. A specific complaint must be filed with the Sheriff which itemizes the truth of the requirements required for removal of a person from a residential building. Standard fees for service of process apply for payment to the Sheriff. Should a person knowingly and willfully present a false document purporting to be a valid lease, then that person commits a misdemeanor. Should a person list or advertise a residential real property for sale or rent, knowing the seller has no legal title or authority to sell or rent said property, then that person commits a felony.

Relates to the appropriation to the Idaho State Police for fiscal years 2025 and 2026.

This appropriation to the Division of Idaho State Police and POST Academy provides enhancements to the FY 2026 maintenance budget that includes fleet services positions, a special investigations unit for Department of Correction facilities, forensic deputy lab manager, highway distribution account fund shift, sexual kit initiative investigators, a Idaho Law Enforcement Telecommunications (ILETS) disaster recovery database, digital forensics team personnel transfer, federal funds shift, federal grant for Sex Offender Registration and Notification Act (SORNA) compliance, a technical records specialist, replacement items, IT modernization, IT hardware, and a 6% targeted salary increase for commissioned officers and forensics personnel. Also included is a supplemental appropriation for FY 2025 for a remote housing unit. The agency request included four (4.00) FTP and $757,300 for a special investigations unit for IDOC, which was reduced by one (1.00) FTP and $187,000 from the agency request. The agency also requested $168,100 for DNA collection legislation, which was not funded.

Amends and adds to existing law to require the implementation of cybersecurity best practices and the use of multifactor identification in Idaho state government.

Relates to the maintenance appropriation to the State Board of Education for fiscal year 2026.

This is the FY 2026 Maintenance Appropriation for the State Board of Education. This bill includes appropriations to Agricultural Research and Extension Services, College and Universities, Community Colleges, the Office of the State Board of Education, Health Education Programs, Career Technical Education, Idaho Public Television, Special Programs, Department of Education, Vocational Rehabilitation, and the Charter School Commission. The appropriation includes standard adjustments for benefit costs, contract inflation, statewide cost allocation, and change in employee compensation.

Adds to existing law to establish provisions regarding breast cancer screening.

This legislation applies to health insurance plans other than Medicaid or self-insured ERISA-regulated plans. It provides for coverage of supplemental breast cancer screening using technology such as magnetic resonance imaging, contrast mammogram imaging or ultrasound for persons at heightened risk of breast cancer due to such factors as genetic predisposition to breast cancer, presence of BRCA1 or BRCA2 gene mutations, prior radiation therapy or extremely dense breast tissue.

Amends existing law to establish provisions regarding a civil cause of action when an abortion has been attempted or performed.

This legislation amends the private civil cause of action section regarding abortions contained in Title 18, Chapter 88. It notes that the current standard for compliance is contained in the Defense of Life Act found in Section 18-622, Idaho Code. The legislation provides an opportunity for the court to review the litigation early in the process to determine if the case is meritless. The amendments largely follow the language used in "anti-slapp" legislation adopted by the legislature in the public engagement and expression context.

Relates to the appropriation to the State Board of Education and the Board of Regents of the University of Idaho for Special Programs for fiscal year 2026.

Relates to the appropriations from the Idaho Millennium Income Fund for fiscal years 2025 and 2026.

This is the FY 2026 appropriation bill for the Idaho Millennium Income Fund based on the recommendation of the Joint Legislative Millennium Fund Committee pursuant to Section 67-1806, Idaho Code. This bill also includes a FY 2025 supplemental appropriation. The Millennium Fund includes moneys received from tobacco companies as part of the Master Settlement Agreementthatrequirestobaccocompaniestopaystatesacalculatedamounteachyearinperpetuitytoaccount forliesmaderegardingthehealthissueswithtobaccouse. Eachyear, Idahoreceivesapproximately$24million from the settlement. Moneys are used pursuant to the appropriation with the stated intent of providing services for Idaho's youth for behavioral health programs. For FY 2025, onetime funding is provided to the Department of Juvenile Corrections for Youth Assessment Centers around the state. For FY 2026, funding is provided for Idaho State Police for their Fentanyl Awareness Campaign and to provide the appropriation necessary for accurate accounting with programs being conducted in partnership with the State Department of Education. Funding is provided for the State Department of Education for school resource officers and for eligible after-school programs. The bill adjusts the funding for Idaho Public Television by moving the appropriation from operating expenditures to personnel costs to align the appropriation with the intended amounts from the 2024 session. Finally, onetime funding is provided for the Department of Juvenile Corrections for youth assessment centers, with the intent that future funding be first considered by the Behavioral Health Council. This bill does not include funding for additional vape detectors, for a youth assessment survey, or for $6 million for several other programs brought before the Joint Millennium Fund Committee for funding consideration. DISCLAIMER: This statement of purpose and