Idaho Bills

Amends and adds to existing law to establish provisions regarding applicability of the terms “embryo,” “fetus,” and “preborn child” in regards to a suit for wrongful death and the crimes of aggravated battery and homicide.

This legislation, titled the "Idaho Prenatal Equal Protection Act," ensures that preborn children are protected under the same criminal and civil laws as born persons. The act defines a preborn child as a human being from the moment of fertilization and removes provisions in state law that fail to uphold equal protection for preborn persons. The legislation also includes provisions to protect pregnant mothers from being coerced into an abortion. The act provides for exceptions where the unintentional death of a preborn child occurs as a result of life-saving procedures for the mother. It applies prospectively and does not impact actions committed prior to its effective date.

Adds to existing law to establish requirements for distribution of water.

The appropriation, delivery, and administration of our water resources is complex and vitally important to Idaho’s economic well-being. The use of this precious resource goes across the spectrum as farmers water crops, industries utilize water for processing, utilities generate power, sportsman and those recreating enjoy it, and residents depend on it. As demand increases, we must do our best to deliver water to those who desire and have rights for it in a manner that is fair and predictable. This legislation will create an opportunity for that administrative fairness in water districts that are tributary to the East Snake Plains surface and ground water districts.

Amends, repeals, and adds to existing law to prohibit unauthorized weather modification activities and to provide penalties, enforcement, and exceptions.

This bill prohibits unauthorized weather modification and solar radiation management activities in Idaho to protect the state’s environment and public health. Weather modification, including cloud seeding and solar radiation management, could have significant negative impacts on agriculture, water supplies, and public welfare if left unregulated. The bill ensures that only authorized projects, such as those by the Idaho Water Resource Board, are allowed, providing oversight to mitigate risks associated with unauthorized weather manipulation. Additionally, the bill removes an unused taxing district related to weather modification that has not been utilized since the 1970s, eliminating unnecessary bureaucratic structures.

Amends and adds to existing law to establish the Idaho Crisis Pregnancy Center Grant Program and to revise provisions regarding abortions performed in cases of rape or incest.

This bill creates a new grant program to help support the state's approximately 18 crisis pregnancy centers spread across Idaho. With abortion no longer generally available in Idaho, it is imperative that we provide as much support and practical aid to women facing difficult pregnancies as possible. This grant program would enable pregnancy centers to expand their community outreach quickly through things like media campaigns, or staff hiring to meet a growing demand. The initiatives undertaken by each applicant would be up to the pregnancy center itself, based upon its assessment of community needs. The legislation envisions a program which poses a minimal burden on pregnancy centers, thereby enabling them to continue their primary focus of serving Idaho's mothers and their families. The state of Idaho is prohibited from interfering with the internal policies and missions of pregnancy centers as a condition of the grants, as most pregnancy centers in Idaho are faith based. In addition, the legislation makes it clear that physicians performing abortions in the very rare cases of pregnancy resulting for rape and incest are bound by Idaho's existing Informed Consent Law, which requires information about the baby's development and alternatives available such as adoption. Women considering abortion in these difficult circumstances must be given a copy of the state's Informed Consent Booklet at least 24 hours before an abortion is performed.

Amends existing law to require public agencies and political subdivisions to factor contractor fees in determining which contractor to select for certain projects.

This legislation requires fee schedule pricing to be considered in Request For Qualifications (RFQs) for professional services in public contracts. Currently fee schedule pricing is not disclosed until after a potential bidder selection is made. The intent of this legislation is to require engineers, architects, construction managers, etc. to disclose their fee schedules up front instead of after the bid is awarded.

Amends and adds to existing law to establish provisions regarding a teacher apprenticeship program and to revise provisions regarding teacher certification.

Teacher apprenticeships were approved as an apprenticeship category by the U.S. Department of Labor in October 2021. Since then, Idaho has been developing policies and programs to support teacher apprenticeships as a teaching pathway. This bill provides additional clarification for the teacher apprenticeship pathway by providing definitions for mentor teachers and teaching apprentices, and defines that teacher apprenticeship programs should lead to both a bachelor's degree and a standard instructional certificate.

Adds to existing law to provide for Idaho's participation in the respiratory care interstate compact.

This legislation allows the State of Idaho to enter into the Respiratory Care Interstate Compact. This legislation will not alter current licensure requirements for Respiratory Therapists in the State of Idaho.

Amends existing law to define terms and to provide that compulsory means cannot be used to limit private sector competition.

This legislation updates sections within Idaho Code 31-44 by defining and prohibiting the practice of “flow control” by local units of government pertaining to solid waste. This legislation also ensures there is an enhancement to the process, whereby the public can be made aware of any pending decision to create a new solid waste facility and the opportunity to bid on such projects. Flow control creates a perverse incentive for government run facilities as they operate and regulate themselves. The practice of local governments using flow control, limits the ability of private haulers to deliver waste in a logistically and fiscally responsible way. The use of these flow control mandates become predatory and anti-competitive. This legislation does not change the ability for private or public sector entities to build, own, or operate such facilities so long as they follow the process of notifying the public.

Amends existing law to revise a provision regarding the oil and gas conservation commission.

Idaho Code § 47-314 sets up the Idaho Oil & Gas Conservation Commission which is made up of five members identified with unique backgrounds and qualifications. One of the members currently needs to have a degree in geo-sciences or engineering, "AND" at least five years of experience in the oil and gas industry. This restriction extremely limits the pool of Idahoans who are qualified to serve on the Commission and it is difficult to find applicants. This legislation will change the “AND” to an “OR” in order to expand the pool of qualified applicants while still providing the Commission with knowledgeable commissioners.

Adds to existing law to establish provisions regarding prohibited acts in higher education.

This bill creates a standard definition for Diversity, Equity, and Inclusion (DEI) ideology and a mechanism to recoup funds from an institution of higher education that violates any of the parameters outlined within the bill that prohibits offices, policies, and procedures that promote or require DEI ideology. The State Board of Education may recover funds used in violation of the teaching or requirement of DEI ideology, up to 5% of a program's operating budget. Furthermore, any institution that violates the sections of this Code shall pay $10,000 for the first violation, $25,000 for the second violation, and $50,000 for every violation thereafter. All funds recouped in violation shall be returned to the Legislature to be redistributed.