Idaho Bills

Amends existing law to revise provisions regarding who shall sign a petition for a name change, what must be specified in the petition, and how notice of a hearing of a petition for a name change must be published, and to provide that notice shall be served on certain persons regarding a hearing.

Adds to existing law to establish the Secure Treatment Facility Act regarding the admission of patients into a secure treatment facility.

With the deinstitutionalization of clients and the falling census at the Southwest Idaho Treatment Center (SWITC) the mission of the institution has changed from an Intermediate Care Facility to a stabilization facilitythatshouldhavelevelsofsecureandlesssecureplacementaccordingtoclientneeds. Thislegislation will allow for a wing of the facility to have secured features protecting more vulnerable clients and the community. Idaho courts have expressed the need for a short term placement option for individuals with developmental disabilities who pose a threat to the community during the pendency of their criminal cases.

Amends existing law to revise the definition of “retailer engaged in business in this state”.

Amends existing law to revise distribution from the Strategic Initiatives Program; and to extend a sunset date for 2 additional years.

Amends certain sections of Chapter 341, Laws of 2015, regarding the Budget Stabilization Fund.

Adds to existing law to provide for the licensure of medical laboratory science practitioners.

The purpose of this bill is to provide licensure for the practice of Medical Laboratory Science . It ensures thatthoseworkinginmedicallaboratoriesarequalifiedtoperformlaboratorytestingandallactivitiesrelated to the analysis of materials derived from the human body. The bill defines three categories of practitioners and their qualifications, fees for licensure, a medical laboratory board and its powers and duties, and the administration by the board through the Bureau of Occupational Licensing. Laboratory test results provide information to primary care providers for the assessment, diagnosis, prevention, and treatment of a disease or impairment. By licensing laboratory practitioners, tests will be performed with the highest degree of professional competency by those engaged in providing laboratory services in Idaho.

Amends existing law to establish provisions regarding underinsured motor vehicle coverage.

Adds to existing law to allow the Department of Labor to obtain criminal history background checks on current or potential employees, contractors, subcontractors, interns, and volunteers and to provide procedures.

Amends existing law to revise which property is subject to civil forfeiture and under which conditions, to establish a right of replevin upon court order, to require certain findings by the court, to remove payment of the state's costs, to provide for disposition of the seized property and to establish reporting requirements.

This legislation changes the current code regarding civil asset forfeitures in several regards. Notably, modifications include: (1) vehicles would not be subject to forfeiture in connection with mere possession of a controlled substance; they would have to have been used in connection with trafficking offenses as enumerated, or to comprise ill-gotten gains; (2) property that is merely in proximity to a controlled substance is not subject to forfeiture absent a meaningful connection to a violation of the chapter; (3) mere presence of U.S. currency is not sufficient cause for a seizure or forfeiture; (4) creating a right of replevin of property while proceedings are pending provided the owners can show necessity and security; (5) courts must determine whether a property forfeiture is proportionate to the crime alleged, as is currently reflected in case law; (6) an obsolete publication provision is removed; (7) innocent owners are absolved of having to pay the state's costs associated with the seizure; (8) law enforcement may not bypass the disposition procedures and retain property without judicial approval; and (9) reporting requirements regarding forfeited property are instituted.

Amends existing law to provide for the classification of law enforcement media recordings and to provide for the retention of law enforcement media recordings.

The current classification predicated on a system of mainly paper files as provided in Idaho Code 31-871 requires counties to retain digital files of video and audio recordings for a minimum of two years as they, by default are considered temporary records. Given the size and volume of media files, plus the hard costs of management and storage, counties are currently unable to retain digital recordings for the minimum requirement of two years. This legislation will add language to define digital recordings and set a minimum retention requirement for specified media files based upon the evidentiary value of the media. These amendments will encourage counties to invest in digital recording devices by making the retention of county law enforcement records more achievable under county budgets.

Amends existing law to revise a provision regarding the amount remitted to the District Court Fund from certain fines and forfeitures.

The intent of this legislation is to re-direct twenty-two and one half percent from fines remitted for state motor vehicle violations from the public school income fund to the court fund. This is an alignment with historical motives of using these monies for court services.

Adds to existing law to provide transparency in actions involving asbestos bankruptcy trust claims.

Adds to existing law to provide that a person who commits certain actions involving heroin shall be guilty of second-degree murder.

Amends existing law to remove mandatory minimum sentences for trafficking in controlled substances.

Adds to existing law to provide for the Adult Postsecondary Completion Scholarship.

Amends existing law to establish criteria for a property tax exemption for business property regarding a new or existing plant investment.

Amends existing law to provide that a parent or guardian may delegate power in certain circumstances and to revise the definition of “children's institution.”