Idaho Bills

Amends existing law to provide that certain policy owners may request additional notice of lapse or termination by certified mail.

This legislation proposes an amendment to Chapter 18, Title 41 of the Idaho Code concerning the “Notice of Lapse or Termination of Individual Life Insurance". It limits the new notice requirements to Life Insurance Policies greater than $50,000. This section of code already excludes notification requirements for lapse or termination to policies that are monthly or more frequent payment plans. This legislation requires the insured to notify the insurer at least 90 days prior to the potential lapse or termination of the desire to receive notice by United States postal service certified, return receipt requested. The certified return receipt notice must be sent at least 10 days prior to the lapse or termination to the policy owner and to the policy owner’s designee. The $50,000 Policy minimum with the exclusion of monthly payment plans will establish a somewhat de minimus requirement on insurers. Many major insurance companies are already required to process such a certified mail notice as required in other states.

Amends existing law to provide penalties for assault, battery, or murder of a peace officer.

There has been notable escalation of direct assault on peace officers in Idaho. The title of this legislation will memorialize two Idaho officers that were lost in the line of duty of protecting us all. Criminals need to know that the most extreme penalties will be applied if they assault peace officers in Idaho. We need to step up and do what we can to protect our peace officers against the criminality that is escalating in the state. The current law for committing battery with intent to commit a serious felony, the punishment shall be imprisonment in the state prison not to exceed twenty-five (25) years. Idaho needs to send a clear message to criminals that assault on our peace officers will bring the most severe punishment. This legislation will now make a crime against a peace officer, where punishment shall be a fixed term of imprisonment of fifteen (15) years with a possible maximum term of life. Currently, if the death penalty is not sought, the court shall impose a life sentence with a minimum of confinement of not less than ten (10) years. In the case of murder of a peace officer, this legislation will put the minimum of not less than thirty-five (35) years.

Amends existing law to revise provisions regarding parental rights in education.

This legislation amends Idaho's "Parental Rights in Education" to promote greater transparency for Idaho parents by requiring school districts to post supplemental educational materials, textbooks, and course syllabi online. The bill also requires public schools to adopt policies and procedures that prohibit classroom instruction on sexual orientation or gender identity from kindergarten through third grade.

Adds to existing law to establish the Idaho Guest Worker Program.

This legislation creates a state-based, year-round agricultural guest worker program. The federal government's failure to find a resolution to this issue requires that states seek state-based solutions. The Department of Labor is assigned responsibility for implementing and administering a guest-worker program to provide year-round agricultural labor. Defined agricultural work includes farming, ranching, dairy operations, and processing of agricultural products. Eligible individuals must reside in Idaho, have never been refused admission to the country or deported previously, complete a background check and submit fingerprints, and verify no prior felony convictions. Employers must also register with the department to employ guest workers. Permitted workers must maintain employment or demonstrate the intention of an employer to hire by a certain date. They are not allowed to drive a motor vehicle on any public roadways. In addition, workers must also pay state and federal income taxes. If a worker is convicted of or pleads guilty to a felony, they will lose their right to work under this program. This bill does not change federal immigration status, entitle citizenship, provide immunity from federal law, provide driving or voting privileges, or secure access to unemployment compensation.

Amends existing law to revise provisions about the dig once policy and rights-of-way for broadband.

This legislation updates and amends Idaho’s Dig Once Policy by expanding its application to single county-wide highway districts formed pursuant to chapter 14, title 40 Idaho Code. Expanding Idaho’s Dig Once Policy will further encourage the cost-efficient, orderly, and coordinated expansion of broadband services by requiring the districts to consider the appropriateness of including the installation of broadband infrastructure during roadway construction and maintenance projects. Additionally, requiring districts to develop nondiscriminatory and competitively neutral rules, standards, and policies consistent with Idaho’s Dig Once Policy encourages further investment in broadband infrastructure by reducing installation costs and providing service providers with a fair, transparent, and predictable process. This update to Idaho’s Dig Once Policy yields greater efficiency and coordination between utilities, broadband service providers, and transportation agencies to minimize the number of times roadways must be cut and therefore closed for construction. Finally, this legislation protects the long-term integrity and performance of roadways by standardizing the construction specifications and installation methods used to deploy broadband facilities within the public ROW of state or district highways.

Amends existing law to provide for notification of a proposed transplant or relocation of wildlife and approval from a board of county commissioners if a hearing on the same is requested and to require testing of certain animals.

This legislation ensures transparency and public participation in the process of transplanting and relocating wildlife. It also protects private property rights by allowing landowners and public lands grazing permittees to be notified of proposed transplant and relocation efforts by the Department of Fish and Game. In the event of a transplant or relocation project, the director would be required to notify county commissioners in the county for which the project is to take place, as well as any affected landowners or public grazing permittees in the area of transplant or relocation. Upon written objection by any affected landowners or permittees, the county commission would conduct a hearing and at said hearing the commissioners would vote to approve, modify, or reject the project.

Adds to existing law to provide that the Secretary of State shall investigate false claims against candidates.

It is increasingly common to see attack ads in Idaho political campaigns with claims that are clearly false. This legislation would allow a candidate about whom false claims have been published to submit the material to the Secretary of State. If the Secretary of State finds the claims to be verifiably false, the party making the claims may respond to the Secretary of State, after which the Secretary of State is to publish his findings on his office’s website.

Amends and adds to existing law to provide a tax on the sale and distribution of electronic smoking devices.

The purpose of this legislation is to amend Chapter 25, Title 63, of the Idaho Code to require sellers of electronic smoking devices to obtain a permit from the State Tax Commission. It also imposes a tax on the sale, use, consumption, handling or distribution of electronic smoking devices at the rate of three cents ($0.03) per milliliter of a solution that contains nicotine and a proportionate tax at the like rate on all fractional parts of a milliliter thereof. The legislation extends existing record keeping and invoice requirement applicable to distributors, retailers, and shippers of tobacco product to distributors, retailers, and shippers of electronic smoking devices. The legislation also declares and emergency and provides an effective date.

Adds to existing law to establish an excise tax on commercial wind turbines.

This legislation proposes an excise tax on any new commercial windmills. A preference election will be held at the county level to approve or disapprove of a proposed windmill project. If the tax is enacted, the proceeds will go to property tax relief for the county the project is located in as well as for property tax relief via the school district facilities fund.

Amends existing law to revise a provision regarding how the vacancy of a United States Senator is filled.

This bill amends Idaho code 59-910 and 34-106 dealing with vacancies of United State Senators bringing them in line with United State Representative vacancies due to death, resignations or otherwise. This directed the Governor to appoint a day to hold a special election under Idaho Code 34-106.

Adds to existing law to establish provisions regarding the concealing, harboring, and shielding of aliens.

This bill makes it illegal in Idaho for anyone to knowingly help, hide, or transport individuals who are in the U.S. illegally. It also prohibits encouraging or assisting them to live in the state and providing them with housing, financial support, or legal help if their presence in the U.S. violates federal law. If someone breaks this law, they can face a misdemeanor or a felony depending on how many individuals are involved. Repeat offenders and those aiding multiple individuals can lose business licenses, face large fines, and even have their vehicles seized. Exceptions exist for law enforcement, emergency responders, and first responders acting in their official capacity.

Amends and adds to existing law to provide an income tax credit for certain nonprofit pregnancy centers, to increase the limit on the percentage of income taxpayers can claim on certain credits, and to establish the Choose Life Idaho Fund.

The Investing in Mothers and Families Act contains several provisions that would help expectant mothers and their families choose life. The legislation: 1) creates a "Choose Life Idaho" fund (administered by the Idaho Treasurer) so that taxpayers have the opportunity to designate a portion of their tax refund for the purpose of donating to Choose Life Idaho, Inc.; 2) adds pregnancy resource centers and maternity homes to the list of nonprofit organizations eligible for a special charitable tax credit equal to 50% of the charitable contribution; and 3) Increases the amount of charitable contributions that qualify for the special charitable tax credit to 25% of total income tax liability for corporations, and 35% of total income tax liability for individuals.

Amends existing law to revise provisions regarding compensation and benefits of local boards.

The legislation proposes to protect local property taxpayers from special taxing districts taking advantage of statutes that allow for pay and benefits for individuals serving on boards. School boards, community college boards, and many other boards serve communities with no compensation. The purpose of this bill will be to bring consistency to special taxing districts.

Adds to existing law to establish provisions regarding inappropriate online behavior by students and to prescribe a process for student discipline by the school district or public charter school.

This legislation creates a new section in Idaho Code, section 33-512E, to define what constitutes inappropriate online behavior by a student toward a public school employee or other person, and provides for corresponding disciplinary measures.