Idaho Bills
589 bills · 2019 Regular Session
Relates to the appropriation to the Medical Boards for fiscal year 2020.
This is the FY 2020 original appropriation bill for the Medical Boards. It appropriates a total of $6,809,500 andcapsthenumberofauthorizedfull-timeequivalentpositionsat51.20. Forbenefitcosts,thebillmaintains the current appropriated amount for health insurance at $11,650 per eligible FTP; provides a 5.5% increase for the employer's share of PERSI contributions; and temporarily reduces the rate agencies pay the Division of Human Resources for its services. Inflationary adjustments include $7,700 for increased credit card processingfeesandofficeleasecosts. Fundingforreplacementitemsincludes$95,000forsoftwarelicenses, office furniture, computers, and phones. For statewide cost allocation, $6,100 is provided. The bill also provides funding for the equivalent of a 3% change in employee compensation for permanent employees, with a minimum increase of $550 for each employee and the remaining amount to be distributed based on merit. The bill funds ten line items. For the Board of Medicine: 1.00 FTP and $62,400 for a management assistant and $41,500 for additional board resources. For the Board of Nursing: $5,500 for six cell phones; 1.00 FTP and $49,200 for an administrative assistant; and $3,300 for Microsoft Office 365. For the Board of Pharmacy: $19,600 for licensing system maintenance and $4,800 for Microsoft Office 365. For the Governor's Technology Initiatives across the five agencies, the bill includes $4,300 for network equipment replacement,$25,200formobiledevicesecurity,and$41,100forOfficeofInformationTechnologyServices billings.
35 – 0
Stating findings of the Legislature and supporting the 2018 settlement agreement between the cities, the Surface Water Coalition, and members of Idaho Ground Water Appropriators; supporting state management through the ESPA Ground Water Management Area; and supporting the continued funding and implementation of efforts to stabilize and reverse the trend of declining water levels in the ESPA.
This concurrent resolution expresses support for the settlement agreement between the cities, the surface water coalition and the members of the Idaho Ground Water Appropriators. The settlement resolves remaining issues, avoids curtailment, and maintains stable groundwater and surface water supplies on the Eastern Snake Plain Aquifer. The resolution further supports the continued efficient management of the water supplies within the Eastern Snake Plain Aquifer, and supports state management to ensure that water supply issues are timely addressed and declining water levels are stabilized and reversed.
Relates to the appropriation to the Department of Administration for the Bond Payments Program for fiscal year 2020.
This is the FY 2020 original appropriation bill for the Department of Administration for the Bond Payments Program. It appropriates a total of $19,777,000. The bill funds two line items, which provide $8,300,000 for the Chinden Campus bond payment; and the removal of $400,000 due to the refinancing of the Prison Complex Bond in the Fall of 2018. The Bond PaymentsProgramconsolidatespaymentofthestate'sbondedindebtednessfortheconstructionofbuildings through the Idaho State Building Authority. There are 13 buildings paid for with bonds included in this appropriation.
63 – 2
Amends existing law to revise provisions regarding federal land rights-of-way.
The current Idaho Statute 40-204(A) recognizes that the federal land rights-of-way were granted to the state for public use in perpetuity and that the 1976 Federal Land Policy Management Act allowed for the continuance of rights-of-ways in existence prior to its passage. This bill further recognizes that these rights-of-way are federally owned land to which an access easement has been granted, are co-managed by the federal and state government and its political subdivisions and cannot be terminated unilaterally by either party. By public law and federal statutes, federal agencies are not to recognize, manage or validate these rights-of-way within their regulations without a specific act of congress, and they are to coordinate their resource management planning with the resource plans of state's political subdivisions that seek to retain access rights for multiple use, wildfire suppression and search and rescue. Imminent domain is an inappropriate mechanism for abandonment of any federal rights-of-way and is corrected.
Amends existing law to implement a cost per mile user fee for vehicles weighing more than 60,000 pounds.
This legislation is not intended to be a revenue raising measure. Itreplacesthecurrentfive(5)tiersystemofregisteringallcommercialandfarmvehicleshavingamaximum grossweightinexcessofsixty-thousand(60,000)pounds. Thecurrentregistrationisbasedonthemaximum gross weight of a vehicle as declared by the owner and the total number of miles driven on roads and highways in the state, county, city, and highway district systems in Idaho to determine the appropriate tier. This legislation establishes a base fee or a plate fee of two-hundred eighty dollars ($280), which is an annual registration fee and shall be due on the anniversary date of the vehicle's registration. Inadditiontotheregistrationfee, thereshallbepaidonallcommercialandfarmvehicleshavingamaximum gross weight in excess of sixty-thousand (60,000) pounds, a mileage fee based upon the maximum gross weight of a vehicle as declared by the owner and the total number of miles driven on roads and highways in the state, county, city, and high district systems in Idaho regardless of the state in which the vehicles is registered. The mileage use fee shall be determined by multiplying a cost-per-mile charge by the total miles driven in Idaho. The mileage use fee chart replaces the current five (5) tier system for total miles driven.
Establishes provisions regarding the licensure of naturopathic medical doctors.
TheproposedlegislationwouldimproveaccesstoprimarycareinthestateofIdahobyallowingnaturopathic medical doctors, who have graduated from an accredited naturopathic medical school and have passed an exam, to fully practice naturopathic medicine in the state of Idaho. Currently, pharmacists are not allowed to fill prescriptions of non-licensed naturopathic medical doctors preventing them from fully practicing their medical discipline for which they have been trained and educated. As a result, licensable naturopathic medical doctors have offices out of state and Idahoans are traveling out of state to get the primary care they desire. The proposed legislation would add a Naturopathic Medical Board. This board will be an advisory board to the Idaho Board of Medicine established in the same manner as the respiratory therapist's board, the athletic trainer board, and the dieticians board. The proposed legislation would establish the powers and duties of the board, which include licensing naturopathic medical doctors. It is important to note that the proposed legislation would not limit or change the scope of practice of naturopathic providers who are currently practicing in Idaho. It only expands the scope of practice for those who have been trained and educated as naturopathic physicians and want to be licensed. In addition, those who provide naturopathic services and refer to themselves a "Naturopathic Doctors" may continue to do so.
32 – 2
Relates to the appropriation to the Public Utilities Commission for fiscal year 2019.
This is an FY 2019 supplemental appropriation bill for the Public Utilities Commission. It provides $2,419,300 to relocate the agency to the Chinden Campus.
57 – 6
Amends and adds to existing law to define terms and to provide for the powers and duties of remote retailers and marketplace facilitators regarding the collection of the state sales tax.
This legislation directs internet retailers and marketplace facilitators to collect and remit sales and use tax to the State Tax Commission in response to the South Dakota v. Wayfair United States Supreme Court ruling. The Supreme Court found South Dakota's law is no burden to interstate commerce because the law set a threshold of annual sales for internet retailers and marketplace facilitators at $100,000; there is no obligation to remit sales tax retroactively; and there is a standardized way to reduce administrative and compliance costs. This legislation uses the same threshold as South Dakota for annual sales to begin collecting and remitting sales and use tax. Additionally, there is no obligation to remit sales tax retroactively; rather, it has a look-back provision to see if the company met the threshold for annual sales but will begin remitting once the legislation becomes law. Finally, this bill meets the test determined by the Wayfair ruling of submitting sales and use tax to one agency, thereby reducing administrative costs.
Repeals, amends, and adds to existing law to revise procedures for contested cases and hearing officers.
This proposed legislation originates from the Administrative Hearing Officer Interim Committee. It is designed to address concerns over due process, conflicts of interest and impartiality in contested administrative proceedings. The legislation updates processes under the Administrative Procedure Act to better delineate preliminary review and initial agency actions from contested case proceedings. In order to provide impartiality in the contested case process, particularly with reference to fact finding, an office of Administrative Hearings is established with an independent chief hearing officer and hearing officers housed in the Department of Self Governing Agencies. All contested case proceedings will be handled through the Office of Administrative Hearings, except for the Public Utilities Commission, Industrial Commission, Department of Water Resources, and such other proceedings specifically exempt by law. Department heads continue to have final review over all policy and remedy portions of contested cases. Additional changes updates and additions to definitions, limited new discovery and subpoena powers, and emergency hearing processes.
Amends and adds to existing law to authorize contract brewing in certain instances and to provide certain requirements for a contractee brewer and a contractor brewer.
This Legislation clarifies in Idaho Code the allowance of a craft brew facility in Idaho to contract with other entities wishing to brew at their facility. This Legislation would have no fiscal impact to the Idaho General Fund.
59 – 2
Repeals a future effective law to retain it as it currently exists.
This legislation modifies 33-1004 to remove the sunset provision that allows school districts and public charter schools to receive salary-based apportionment based on adjusted mid-term support units, if full-term support units are at least 3% greater than mid-term support units. The adjustment is equal to 75% of the difference between full-term support units and mid-term support units. For example, salary-based apportionment for a school district or charter school with 100 mid-term unites and 104 full-term support unitswouldbebasedon103supportunits. Thisprovisionenablestheminorityofschools, whichexperience enrollment growth as the school year progresses, to receive additional funding for those students. The original legislation passed in 2016 with a 3-year sunset. This bill removes the sunset.
61 – 0
Amends existing law to provide for master and county jury lists.
65 – 0
Stating findings of the Legislature and requesting that the Federal Communications Commission and Congress take action to create a national suicide prevention and mental health crisis hotline with a three-digit number.
Requesting the support of our congressional delegation to secure the proposed 611 National Suicide Hotline designation from the Federal Communications Commission
62 – 8
Amends and adds to existing law to revise ballot initiative requirements.
40 – 30
Amends, repeals, and adds to existing law to revise provisions and procedures regarding an action for forcible entry and unlawful detainer.
This legislation seeks to clarify sections of Idaho Code that manage the relationships and actions between landlords and tenants. The bill more clearly defines processes, rights and responsibilities for landlords and tenants with respect to evictions, orders of restitution and tenant remedies for deficient conditions. The bill updates our laws to allow damages to be awarded at the same time as the order of restitution. This will streamline the process and make it easier to hold tenants accountable for default. The bill clarifies what a tenantmustdotofileanactionagainstalandlord. Itgivesatenantlanguagetousewhenenforcingastatutory remedy for landlord breach. It creates a process for tenants to notify landlords with a five (5)-day notice of failure to send security deposit and provides for damages and remedies if a landlord does not comply within the 5 days. With respect to deposits, the bill would require third-party managers to hold security deposits in trust. The bill creates a new abandoned premises definition and process, as well as an abandoned property definition and disbursement process. The bill also adds a new section to help address situations resulting from acts of domestic violence.
34 – 36
Amends existing law to make property tax relief applicable to either the property tax or the occupancy tax.
ThislegislationamendsIdahoCodeSection63-317,andportionsofTitle63,Chapter7,IdahoCode,toapply existing circuit breaker and disabled veterans residential property tax exemptions to the occupancy tax, and to require that residential property owners be notified of their right to apply for these exemptions. Newly constructedandoccupiedresidentialpropertyisnotsubjecttopropertytaxesduringtheyearofconstruction. It is, instead, subject to the occupancy tax. Although circuit breaker and disabled veterans exemptions are applicable to residential property taxes, current law does not make them applicable to the occupancy tax. This legislation corrects this oversight.
35 – 0
Amends existing law regarding application for motor vehicle registration to require the applicant to show proof of insurance.
This legislation amends Idaho Code 49-401B. A vehicle shall not be registered under this section unless the applicant provides proof of current insurance coverage under a current insurance policy, applicable self-insurance policy, or indemnity bond that meets the requirements of section 49-1229, Idaho Code.
Relates to the appropriation to the Department of Administration for the Division of Public Works for fiscal year 2019.
This is an FY 2019 supplemental appropriation bill for the Department of Administration, Permanent Building Fund. It provides $3,890,700 for renovation of the first floor's north wing and to begin the first phase of the east wing renovations in the Capitol building to provide additional office space for the House of Representatives. This appropriation has lump sum authority. This supplemental appropriation provides for a cash transfer in the amount of $3,890,700 from the General Fund to the Permanent Building Fund. The bill also requires any unused funding to be transferred back to the General Fund.
11 – 19
Adds to existing law to establish provisions regarding an employment and training program for persons with income at or below 185% of the federal poverty level and for persons formerly receiving public assistance.
The purpose of this legislation is to help those individuals transitioning off of SNAP and Medicaid into economic self-sufficiency by creating a short-term, state-funded program. The state will supply a total of $500 for medical and/or job training costs to be used over a six month period if the participant works with a qualifying non-profit and creates and follows a plan to get out of poverty.
Amends existing law to provide an exemption from the sales or use tax for any fees associated with public records requests.
Idaho Code section 63-3622AA, established a sales tax exemption for official documents "where a fee, the amount of which is set by the Idaho Code, is imposed or charged." This bill would edit Idaho Code section 63-3622AA, to make it clear that purchasing copies under a public records request is exempt from sales tax whether a fee is set or not. This is taxpayer friendly and promotes transparent government.
35 – 0
Amends existing law to revise lists of scheduled drugs and substances in the Uniform Controlled Substances Act.
33 – 0
Amends and adds to existing law to remove obsolete language; to clarify renewal and reinstatement of licensure; to provide for inactive licensure; and to revise powers regarding the adoption of certain rules.
34 – 0
Amends existing law to remove provisions regarding a chiropractic peer review committee.
The Idaho Board of Chiropractic Physicians is proposing legislation to remove the Board's obligation to provide a peer review process intended to review the appropriateness, quality, utilization and costs of chiropractic services. The Board has determined that this process is unnecessary and wishes to eliminate this regulation.
35 – 0
Amends existing law to define “licensed bachelor social worker” and to update terminology accordingly.
35 – 0
Amends existing law to clarify the age requirement for nursing home administrator licensure and to provide a time limit for administrator-in-training programs.
The Idaho Board of Examiners of Nursing Home Administrators is proposing legislation to specify the timeframe of nursing home administrators-in-training programs, and to reduce the age requirement for licensure from twenty-one (21) to eighteen (18) years of age. These changes will clarify the requirements of the nursing home administrators-in-training program and reduce a barrier to employment.
33 – 0