Idaho Bills

Amends existing law to revise provisions regarding drug outlets.

Consistent with the Governor’s Licensing Freedom Act, this legislation consolidates drug outlet (pharmacy) registrations for simplification and consistency. The bill does not add any new requirements, registrations, or red tape but does simplify the drug outlet registration process for resident and nonresident drug outlets.

Amends existing law to revise the definition of “owner.”

Relating to theft, Title 18, Chapter 24, adds language to the definition of “owner” to address concerns raised by the Idaho Supreme Court in the State v. Dix, 166 Idaho 851 (2020). In that case, the Idaho Supreme Court held that a person who takes possession of goods based upon fraudulent intent and using false promises of payment becomes the “owner” of those goods immediately upon receipt, despite the use of fraud, thereby making the act not qualify as a theft. The Court’s decision was based on the current definition of “owner” in I.C. § 18-2402(6) and parts of the Uniform Commercial Code. This bill changes the definition of “owner” to further clarify that the taking of goods by use of false promises or fraud does not convey superior ownership or possessory rights to the individual receiving the goods.

Relates to the appropriation to the Public Schools Educational Support Program's Division of Operations for fiscal years 2022 and 2023.

This is the FY 2023 original appropriation and FY 2022 supplemental appropriation bill for the Public Schools Educational Support Program's Operations Division. This division provides state and federal funding in support of the operation of Idaho's school districts and charter schools, grades K-12. This division includes pupil transportation, salaries and benefits for classified staff, technology, and discretionary funds that can be used for any educational support services or general operations. Adjustments to the division include a 7% equivalent funding increases for classified staff; $105,431,500 for increased health insurance and health benefit plans funding; $9.1 million for pupil transportation, $11.1 million for increased discretionary and health benefits funding based on 374 additional support units; and $3.9 million for 374 additional mid-term support units. For FY 2022, the bill provides additional onetime funding from the General Fund for costs related to the temporary rule approved by State Board of Education to count students using enrollment instead of average daily attendance (ADA).

Amends existing law to provide for electrical, plumbing, and HVAC installations by nonprofit groups and volunteers.

Thislegislationallowsanon-profitorganizationanditsvolunteerstoconstructsinglefamilyresidenceswithout theneedtosub-contractworktolicensedindividuals. Thelegislationcreatesanelectrical,plumbing,andHVAC licensure exemption when providing these volunteer services. The legislation does not change the current requirements in Idaho Code to pull a permit and complete an inspection according to life-safety codes when completing these installations in a single-family residence.

Amends existing law to revise provisions regarding penetration and rape.

In 2016, ICJC brought H.B. 580 (2016) to the legislature, which unanimously passed and was signed into law. That bill repealed the Male Rape offense and consolidated all rape laws into one set of statutes that apply to all people, regardless of the gender of the victim or perpetrator. That bill neglected Section 18-6103, which still uses antiquated language alluding to the crime of rape only applying to female victims. This bill removes that sentence.

Adds to existing law to provide a sales and use tax exemption for certain semiconductor projects.

For U.S. national security, supply chain protection, and economic prosperity, it is critical to expand domestic semiconductor fabrication, assembly, testing, advanced packaging, and research and development. Idaho is uniquely poised to accelerate the growth of the semiconductor industry, mitigate national security and supply chain risks, increase economic competitiveness, and protect intellectual property. With Federal investments like the CHIPS for America (CHIPS) Act, and the Facilitating American-Built Semiconductors Act, the government is competing with foreign countries by securing domestic supply chains and by bringing American semiconductor manufacturing jobs back to the United States. The Idaho Semiconductors for America Act (Idaho Act) provides a tax relief incentive for U.S. sponsored semiconductor expansions in Idaho. The Idaho Act exempts sales tax on the purchase or use of construction and building materials to construct, expand, or modernize a semiconductor facility in Idaho. To qualify for the exemption, a semiconductor company must also qualify for new federal incentives for the expansion of domestic fabrication, assembly, testing, advanced packaging, or research and development. All requests by semiconductor companies for incentives would be submitted to the Idaho Department of Commerce. All approved incentives will be governed by detailed agreements between the state and incented companies.

Adds to existing law to establish provisions regarding the Lemhi Basin Comprehensive Settlement Agreement.

In 2020, the Idaho Legislature adopted Senate Concurrent Resolution 137 (SCR 137). SCR 137 directed “the Idaho Water Resource Board, with technical support from the Idaho Department of Water Resources, to work expeditiously with local water users to develop a comprehensive settlement that resolves current tensions and conflict that are the result of competing water supply demands in the Lemhi River Basin and that the comprehensive settlement, to the best of the abilities of the participating parties and in the spirit of compromise and resolution, is consistent with past practices, future needs, and Idaho law.” SCR 137 further directed the Idaho Water Resource Board to report to the First Regular Session of the Sixty-sixth Idaho Legislature on the implementation of this resolution. In 2021, HCR 21 directed the Idaho Water Resource Board to continue its efforts in the Lemhi Basin and further report to Second Regular Session of the Sixty-sixth Idaho Legislature. In 2020, the Idaho Water Resource Board retained two mediators to facilitate discussions with the affected interests. On February 24, 2022, the affected water users and state agencies entered into the Lemhi Basin Comprehensive Settlement Agreement. As part of the Settlement Agreement, the participating parties agreed to seek enactment of this proposed legislation to provide for the filing of Lemhi Basin stream flow maintenance applications and minimum stream flow applications on selected designated streams. The participating parties jointly request the Idaho Legislature approve this legislation.

Repeals existing law relating to storage of biological products pending sale.

Amends existing law to revise the individual and corporate income tax rate and to provide for an income tax rebate.

This 2022 Tax Relief bill makes the following changes to Idaho's income tax laws: • It consolidates the income tax brackets from five brackets to four and lowers rates to 1%, 3%, 4.5% and 6% retroactive to January 1, 2022. • It lowers the corporate income tax to 6% retroactive to January 1, 2022. • It provides a one-time tax rebate of $350 million, returning approximately 12% of 2020 Idaho personal income tax (line 20) or $75 for each taxpayer and dependant, whichever is greater.

Amends 2021 session law to extend a sunset date to July 1, 2023.

Amends existing law to provide that certain nabiximols shall not be considered Schedule I controlled substances.

Amends existing law to increase the grocery income tax credit.