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IAC Legislative Bill Tracker

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Bill Effective Date Category Description Sponsor Status Fiscal Impact
S1159 – Ballot initiative reqs 03/05/2019 Elections

The purpose of this legislation is to increase voter involvement in the voter initiative/referendum process and to require additional explanatory information during the process and on the ballot.

To increase voter involvement, proponents of initiatives/referendums will be required to secure signatures from 10% of registered voters in 32 of Idaho’s 35 legislative districts. As with legislative proposals, initiatives/referendums will be asked to follow a single subject rule, include a fiscal impact statement and propose a funding source. The effective date would be no sooner than July 1st following the vote on the ballot.

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Senator C. Scott Grow, Representative Sage Dixon, and Representative Jason Monks Senate - State Affairs Under existing law, county clerks already verify initiative/referendum signatures for 18 legislative districts. This bill would require signatures to be verified for by county clerks for 14 additional districts. The total signatures to be verified in each district would increase from 6% to 10% of registered voters. Because of the additional number of signatures gathered due to the enhanced initiative/referendum process, counties will be required to spend additional time to verify them. It is anticipated that the current staff will handle the workload. If not, then temporary help may need to be hired at minimal cost. The Secretary of State's office does not envision more than a minimal increase in work by existing staff.
H0259 – Sales tax, marketplace facilitators 03/12/2019 Taxation

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.

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Representative Mike Moyle House - Referred for Printing This legislation is estimated to generate an additional $30 million from sales and use tax in FY 2020 that is directed to the tax relief fund in Section 57-811, Idaho Code. In FY 2021, the estimated revenue from sales and use tax is $34.5 million. After FY 2021, we anticipate revenue growth from this legislation to more closely match total sales tax revenue increases. The basis for the fiscal impact for this legislation is on a number of factors including a review of other states' online sales tax collections and an estimate from the Census Bureau for e-commerce sales. The Census Bureau estimate is a national estimate, and reduced to control for the Idaho specific impact.
H0250 – Sales tax, out-of-state retailers 03/07/2019 Taxation

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.

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Representative Mike Moyle Law This legislation is estimated to generate an additional $30 million from sales and use tax in FY 2020 that is directed to the tax relief fund in Section 57-811, Idaho Code. In FY 2021, the estimated revenue from sales and use tax is $34.5 million. After FY 2021, we anticipate revenue growth from this legislation to more closely match total sales tax revenue increases. The basis for the fiscal impact for this legislation is on a number of factors including a review of other states' online sales tax collections and an estimate from the Census Bureau for e-commerce sales. The Census Bureau estimate is a national estimate, and reduced to control for the Idaho specific impact.
H0249 – Medicaid eligibility 03/06/2019 Medicaid

The purpose of this legislation is:

1) To direct the Department of Health and Welfare to collect participant information related to the presence of or risk for substance use disorders so they can be referred to treatment.

2) To direct the Department to seek a waiver from the federal government to limit retroactive Medicaid eligibility from 90 days to 30 days.

3) To direct the Department of Health and Welfare and the Department of Insurance to seek any necessary waivers from the federal government to provide the option to persons within 100% to 138% of the FPL the ability to utilize the advanced premium tax credit to purchase health care coverage off the health insurance exchange.

4) To add work requirements as a condition of eligibility for able-bodied adults receiving Medicaid in Idaho. The implementation of work requirements will be consistent with the Supplemental Nutrition and Assistance Program (SNAP) work requirements and includes an exemption from participation for beneficiaries with children under the age of eighteen.

5) To allow Medicaid funding for behavioral health services for adults ages 18-64 in hospitals or nursing facilities engaged in providing diagnosis, treatment, or care of persons with mental diseases.

6) To provide the ability for the Legislature to declare 56-267 I.C. null and void, should Congress amend or a court with governing jurisdiction set aside Section 1905(y) of the Social Security Act.

7) To stipulate in the event the federal funding participation rate falls below 90%, 56-267 I.C. shall become null and void one legislative session after the effective date of the changed participation rate, unless the Legislature intervenes.

To require the Department of Health and Welfare and the Department of Insurance to implement the waivers, if approved, as soon as practicable thereafter.

Eligibility for Medicaid as described in this section shall not be delayed if the Centers for Medicare and Medicaid services fail to approve any waiver of the state plan for which the departments apply, nor shall such eligibility be delayed while the departments are considering or negotiating any waivers to the state plan.

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Representative John Vander Woude House - Health & Welfare The Department estimates an $80,000 one-time, operational cost to implement the health risk assessment provisions. These operational, implementation costs will be covered at 90% federal and 10% state funding. Trustee and benefit savings due to the elimination of retroactive coverage are estimated to be at least $100,000 annually at a 90% federal 10% state match. Should the federal government approve the waivers described in 56-253(8)(b) or 56-253(9), there will be additional savings for the state once the waivers are implemented. Estimated total operational costs are $71,000 for the limit on retroactive Medicaid eligibility: One-time, start-up costs are state funds of $27,000 and federal funds of $27,000. Ongoing costs are state funds of $8,500 and federal funds of $8,500. Estimated total operational costs are $482,400 for the waiver to allow choice of coverage for those 100% to 138% FPL: One-time, start-up costs are state funds of $120,000 and federal funds of $200,000. Ongoing costs are state funds of $81,200 and federal funds of $81,200. Estimated total operational costs are $2,602,300 for the work requirements: One-time, start-up costs are state funds of $148,650 and federal funds of $688,650. Ongoing costs are state funds of $1,486,200 and federal funds of $278,800.
H0247 – Motor vehicles, underinsured 03/06/2019 Transportation

This proposed legislation would eliminate the problem of phantom insurance and reduced payments for benefits paid by others. The legislation provides that when a citizen purchases motor vehicle underinsurance coverage, the purchaser receives the stated benefit provided on the declarations page. This prevents an insurance company that receives a premium for underinsured coverage from taking credit for benefits paid by other insurance companies. It further limits the benefits recoverable to the purchaser’s actual losses or the amount of coverage purchased, whichever is less.

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Representative Rod Furniss House - Business There is no fiscal impact to the General Fund, as this applies to insurance companies who provide motor vehicle insurance policies. Some motor vehicle insurance companies already voluntarily provide this type of coverage and their premium rates are competitive with companies who do not adhere to this policy currently.
H0243 – Property taxes, inflation adjuster 03/05/2019 Taxation

This legislation reestablishes the index on the Idaho homestead exemption, removing the cap of $100,000.

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Senator Maryanne Jordan and Representative Vander Woude House - Revenue and Taxation There is no fiscal impact on the general fund. This legislation will provide property tax relief to homeowners who have seen significant increases in property tax bills due to rapidly rising home values.
H0239 – Sales tax, remote retailers 03/05/2019 Revenue, Taxation

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.

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Representative Mike Moyle House - Revenue and Taxation his legislation is estimated to generate an additional $30 million from sales and use tax in FY 2020 that is directed to the tax relief fund in Section 57-811, Idaho Code. In FY 2021, the estimated revenue from sales and use tax is $34.5 million. After FY 2021, we anticipate revenue growth from this legislation to more closely match total sales tax revenue increases. The basis for the fiscal impact for this legislation is on a number of factors including a review of other states' online sales gax collections and an estimate from the Census Bureau for e-commerce sales. The Census Bureau estimate is a national estimate, and reduced to control for the Idaho specific impact.
HJM005 – Federal lands, selling 02/08/2019 Public Lands

This joint memorial calls on Congress to enact federal legislation to require that when private lands are exchanged, purchased, or transferred to the federal government that other federal lands within the county be sold.

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Representative Terry Gestrin Senate - Resources and Environment None
S1126 – Transportation funding 02/15/2019 Transportation

This legislation extends for five years the surplus eliminator that was originally created in H312aaSaaS (2015) and extended in S1206 (2017) until May 30, 2019. Consistent with the changes adopted in 2017, the funds transferred as a result of this legislation will be split equally. The Budget Stabilization Fund would receive 50% of the funds, and the other 50% would be split between the Strategic Initiatives Fund programs within the Idaho Transportation Department (receiving 60% of the 50%) and the Local Strategic Initiatives Fund administered by the Local Highway Technical Assistance Council (40% of the 50%).

In addition, the legislation places a $100 million cap on the surplus eliminator with a 50% / 50% split between the Strategic Initiatives Fund programs and the Budget Stabilization Fund, up to a total of $50 million per fiscal year for each fund.

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Senator Bert Brackett Senate - Transportation The surplus eliminator will vary from year to year and will impact the General Fund by reducing the amount on the bottom line. This legislation will cap the surplus eliminator at $100 million total, with a maximum of $50 million going to the Strategic Initiatives Fund program and $50 million going to the Budget Stabilization Fund. Following is a chart showing the history of the transfers since Fiscal Year 2015. FY 2015 FY 2016 FY 2017 FY 2018 Strategic Initiatives Fund 54,152,500 10,965,500 27,464,300 60,296,400 Strategic Initiatives Fund Distribution to State Strategic Initiative (begin in FY17: 60%) and Local Strategic Initiative (begin in FY17: 40%) (State Only) (State Only) State: $16.5 million; Local: $11 million State: $36.2 million; Local: $24.1 million Budget Stabilization Fund 54,152,500 10,965,500 27,464,300 60,296,400
S1123 – Debt owed to the court 02/14/2019 Courts

Section 1-1624, Idaho Code, authorizes the Supreme Court to work with the State Tax Commission to intercept eligible state income tax returns from those owing certain debts to any of Idaho’s courts. Tax intercept provisions currently do not apply to infractions or debts owed which are less than $50.00. This legislation proposes amending Section 1-1624, Idaho Code, to include infractions and debts owed to the courts that are less than $50.00.

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Seth Grigg House - Judiciary, Rules & Administration The Supreme Court will incur additional costs associated with mailing notices to individuals whose state income taxes are intercepted as a result of the law change; however, the increase in intercepted tax returns associated with the mailed notices will far exceed the actual costs associated with mailed notification.
S1122 – Juvenile probation fee 02/12/2019 Law Enforcement

The Idaho Juvenile Corrections Act allows the court to place juvenile offenders on probation for up to three years. In some cases judges have ordered juvenile offenders to pay a probation supervision fee for the time the offender is on probation. Currently there is no statutory fee for juvenile probation; however, some counties have been collecting court ordered juvenile probation fees through Odyssey. Judges and counties were notified in November that effective June 2019, Odyssey would no longer be configured to allow court ordered juvenile probation fees to be collected. As a result, counties would be required to create new tracking and collection portals outside of Odyssey.

The proposed legislation amends Section 20-520, Idaho Code to establish a statutory juvenile probation supervision fee to be paid to the clerk of the court, amends Section 19-4708, Idaho Code, to allow for the collection of debts owed by juvenile offenders to the court, and Section 20-529, Idaho Code, to specify that revenues from juvenile probation fees are to be used exclusively for county juvenile probation services.

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Seth Grigg House - Judiciary, Rules & Administration There is no fiscal impact on the state general fund as juvenile probation programs are handled at the county level. There is no fiscal impact to county governments because juvenile probation programs are already in place. If the bill fails to become law, counties would incur additional costs as they would have to develop new tracking and collection systems for individuals placed on juvenile probation.
S1116 – Liquor account, approp 02/14/2019 Revenue

Section 23-404, Idaho Code, sets forth the distribution of funds from the liquor account. The distribution to cities and counties was amended in 2018 to allocate a portion of the city and county distributions to the magistrate division of the district court. A technical error in the distribution language has prevented a portion of these funds from being distributed by the liquor division. This legislation corrects the technical error. It also includes an emergency clause to allow funds already dedicated to the magistrate division of the district court to be disbursed.

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Seth Grigg House - Judiciary, Rules & Administration There is no fiscal impact to the state general fund as the distribution of liquor funds to magistrate court services is allocated from the current liquor fund distribution to local governments.
H0228 – Medicaid eligibility 03/04/2019 Medicaid

1) To direct the Department of Health and Welfare to collect participant information related to the presence of or risk for substance use disorders so they can be referred to treatment.

2) To direct the Department to seek a waiver from the federal government to limit retroactive Medicaid eligibility from 90 days to 30 days.

3) To provide persons within 100% to 138% of the FPL the option of going or staying on the exchange and receiving the federal tax credit for premium assistance.

4) To add work requirements as a condition of eligibility for able-bodied adults receiving Medicaid in Idaho. The implementation of work requirements will align with the Supplemental Nutrition and Assistance Program (SNAP) work requirements.

5) To allow Medicaid funding for behavioral health services for adults ages 18-64 in hospitals or nursing facilities engaged in providing diagnosis, treatment, or care of persons with mental diseases.

6) To provide the ability for the Legislature to declare 56-267 I.C. null and void, should Congress amend or a court with governing jurisdiction set aside Section 1905(y) of the Social Security Act.

7) To stipulate in the event the federal funding participation rate falls below 90%, 56-267 I.C. shall become null and void one legislative session after the effective date of the changed participation rate, unless the Legislature intervenes.

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Representative John Vander Woude House - Health & Welfare The Department estimates an $80,000 one-time, operational cost to implement these provisions. Operational implementation costs will be covered at 90% federal and 10% state funding. Trustee and benefit savings due to the elimination of retroactive coverage are estimated to be at least $100,000 annually at a 90% federal / 10% state match. One-time start-up costs are state funds of $148,650 and federal funds of $688,650. Ongoing costs total $1,765,000, with a state share of $1,486,200 and federal share of $278,800.
H0217 – Local economic development act 02/27/2019 Taxation

This legislation amends 50-2905A Local Economic Development Act. The purpose is to establish more taxpayer input into municipal structures that come off the tax roll. Urban Renewal was not intended to become the path of least resistance for the construction or financing of municipal buildings. It was designed to encourage private sector development. The primary changes are as follows. We added “remodel” of a “municipal building” relating to voter approval. Second, we add a “multipurpose sports stadium complex” to the types of property that would be subject to a public vote in order to spend Urban Renewal dollars from a Revenue Allocation Area. Third, we required all municipal buildings, remodels and multipurpose sports stadium complexes to go to the voters in the qualified municipality for approval. Fourth, we lowered the threshold to approve spending on qualified project costs from 60% to 55%. Fifth, we established the types of spending that would not be subject to a vote, refocusing the use of Urban Renewal dollars to infrastructure in advance of private sector economic development. We defined “multipurpose sports stadium complex” and amended the definition of “municipal building” to include buildings that are owned and leased or operated by a municipality. Finally, we include an emergency clause.

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Representative Robert Anderst House - Passed; Referred to Senate There is no fiscal impact to the State or other units of government. There would be a reallocation of property tax revenue within a Revenue Allocation Area if a project under this section is approved by the qualified electors in that municipality.
H0202 – Tax commission, admin procedure act 02/26/2019 Taxation

This legislation makes decisions of the State Tax Commission subject to the Administrative Procedures Act, as well as allowing materials initially used in the appeals process to be used in district court should that be necessary.

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Representative Megan Blanksma House - Revenue and Taxation This legislation is a process change and should have a minimal impact to the General Fund or local government funds beyond existing appeals costs.
H0201 – Nonschool taxing district, levies 02/26/2019 Taxation

This legislation amends Chapter 13, Title 63, Idaho Code to allow counties with less than 7,500 population, that have had 3 Bond Elections in the past 5 years and have obtained Judicial confirmation after March 1, 2018 and before December 31, 2019 to issue bonds and levy taxes to pay for the obligation that was subject to the Court Order.

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Representative Marc Gibbs and Senator Harris Senate - Local Government and Taxation It is difficult to predict the cost of this legislation. The cost will depend on the scope of the project undertaken. Bear Lake County is bonding for $3,000,000 at an interest rate of 4%. The 30-year bond will have an $184,000 annual payment.
H0173 – Mail ballot precinct, population 02/19/2019 Elections

This legislation increases the threshold on when a precinct becomes a vote-by-mail precinct.

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Representative Brent J. Crane Senate - Third Reading There is no fiscal impact because the general fund does not pertain to elections.
H0146 – Recorder’s fees 02/12/2019 Revenue

This bill amends I.C. § 31-3205 establishing a flat recording fee for all instruments, regardless of page count. The statute was amended in 2017 with predictable fees for recording certain documents being established, and was further amended in 2018. Application of those changes revealed differences in interpretation and continued challenges in implementation. The prior and existing fee structure relying on document size or type does not reflect the costs associated with recording using modern technology. The proposed single flat recording fee, for all documents regardless of type or page count, will remove the need for interpretation, simplify the fee structure for all parties, and align the fee to better reflect the costs associated with recording and historical archiving of documents.

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Phil McGrane House - Business This legislation does not impact State revenues or expenses. It affects county revenue from recording fees. Recording revenue is highly variable with the economy and is directly correlated with the number of documents recorded. By creating a single flat fee of $27 per recording, some recording fees will increase and others decrease to better reflect the costs associated with recording and records retention. The proposed fee is set to ensure no counties lose existing revenue due to the shift. This results in an estimated 21% increase in revenue statewide. The increase amount varies by county based on the local economy.
S1100 – Medicaid expansion 02/11/2019 Medicaid

This bill offers enhancements and protections for Idaho’s Medicaid Expansion by the following actions: Authorizes an optional workforce development training program for those in the expansion population. Allows the state to apply for a Federal waiver for those over 100% of Federal Poverty Level to have subsidized insurance policies on the exchange. Allows the state to apply for a Federal waiver to provide mental health treatment (IMD) to help fund costs currently paid in full by the counties. Contains a clause requiring legislative review of the expansion during the 2023 session. Contains a clause voiding Medicaid expansion if the Federal funding ratio changes and the Legislature does not take action to continue the program. Contains an emergency clause so the actions of this bill will go into effect immediately.

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Senator Mary Souza Senate - Health & Welfare Each of the actions in this bill has a potential positive financial impact for those in the expansion population, the state and counties, or both. The actual numbers depend on participation in the workforce development program, the approval of waivers by the Federal government, and the ongoing Federal funding of Medicaid expansion.
S1093 – Pretrial supervision services, fees 02/11/2019 Pretrial

Idaho law allows the court to release a person from jail while awaiting trial. As a part of court ordered pretrial release, the court can impose conditions of release on a person awaiting trial. Such conditions can include electronic monitoring, alcohol testing, or drug testing. Many counties have established pretrial release supervision programs to monitor individuals on pretrial release. This legislation codifies existing pretrial release supervision programs, establishes parameters for the establishment of pretrial supervision fees, and establishes that pretrial release supervision fees are to be collected by the clerk of the court.

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Seth Grigg House - Judiciary, Rules & Administration There is no fiscal impact on the State general fund as pretrial supervision programs are handled at the county level. There is no fiscal impact to county governments because pretrial supervision programs are already in place. If the bill fails to become law, counties would incur additional costs as they would have to develop tracking and collection systems for individuals on pretrial release.
S1091 – Mentally ill, hearing continuance 02/11/2019 Behavioral Health

A mentally ill person who meets statutory criteria for commitment may be committed to the custody of the Department of Health and Welfare pursuant to an application filed in accordance with Title 66, Chapter 3. The commitment process requires the proposed patient to be examined by two (2) designated examiners, at least one (1) of which must be a psychiatrist, physician, or psychologist (“second designated examiner”). The statutory time frames for submitting reports and conducting a hearing are limited. The current form of this statute allows the proposed patient to request a continuance of this hearing. This amendment will also permit the petitioner to seek such a continuance. This change is necessary because at times it is impossible to obtain a second designated examiner within the statutory time frames. Any continuance of the hearing must be based upon good cause, and will still be limited to a period not to exceed fourteen (14) days. This bill maintains procedural protections for the proposed patient while eliminating the situation where, due to the unavailability of a second designated examiner, a commitment proceeding is dismissed although the proposed patient meets criteria for commitment. If the proposed patient still meets criteria, the petition is usually filed again and the process must start anew.

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Jason Spillman, Legal Counsel Senate - Third Reading This proposed amendment will have no fiscal impact upon the General Fund, any other state fund, or local governments. In accordance with Joint Rule 18, the reason no fiscal impact is projected is while the counties may be responsible for costs during the continuance period, the counties could also be responsible for those same costs if the proceeding is dismissed and refiled. Therefore, the amendment neither involves nor affects any government expenditure or revenue.
S1074 – Jails, reception, board 02/08/2019 Jails

In St. Alphonsus Regional Medical Center v. Raney, 163 Idaho 342 (2018), the Idaho Supreme Court ruled that counties are, in some cases, responsible for payment of the continuing medical bills of inmates after they have been released from the sheriff’s custody. Prior to this decision, the Sheriff (and therefore the County) only had the duty to pay for medical expenses of an inmate while the inmate was actually in the sheriff’s custody. This proposed legislation would limit the sheriff’s duty to provide medical care to those inmates in the sheriff’s custody, and then only for the duration of their incarceration.

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Seth Grigg Senate - Third Reading This bill will result in reduced jail medical expenses for counties.
S1064 – Driving, mobile device 02/08/2019 Transportation

This purpose of this legislation is to treat the use of certain wireless devices behind-the-wheel as an infraction. The bill addresses safety concerns associated with a significant portion of distracted driving crashes. The legislation defines enforcement and retains conditions under which such communications would be allowed. This legislation also addresses the problem of having a growing patchwork of local ordinances.

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Senator Jim Rice Senate - Failed on Floor This legislation has no impact on the General Fund except for the cost of enforcement by state police, which may be offset by fine revenue. There will be a small cost to local law enforcement and the courts as potential violations of the new law are enforced.
S1055 – Marriage, AIDS pamphlet 02/06/2019 Counties

In 1988, the requirement for a medical examination for each applicant was removed from Idaho Code. The requirement for the county recorder to issue an education pamphlet on AIDS was added at this time. Applicants must certify that he or she has read the pamphlet by filling out a form that is kept with the marriage license application.

This legislation would repeal the requirement for clerks to provide the educational AIDS pamphlet and certify that applicants have read it.

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Kelli D Brassfield and Seth Grigg House - Health & Welfare There is no fiscal impact to the General Fund or to any other entity. There is no fiscal impact to the General Fund as this is county specific and the AIDS pamphlets will still be available within the clerk's offices.
S1054 – Health boards, appointing authority 02/06/2019 Behavioral Health

This legislation would remove the “Chairman” requirement of the County Commissioner filling the appointing authority on a Regional Behavioral Health Board.

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Kelli D Brassfield and Seth Grigg House - Health & Welfare There is no fiscal impact to the General Fund or to any other entity. There is no impact as this does not add or remove any functions of the Regional Behavioral Health Boards.
S1047 – Cooperative purchasing 02/01/2019 Revenue

This bill repeals and replaces procurement statute Idaho Code § 67-2807 related to political subdivision. Modifications include changes to cooperative purchasing processes.

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Senator Lori Den Hartog Law There is no impact to the General Fund. It is anticipated that the change will not have a direct financial impact on political subdivisions but will provide for a more streamlined and efficient procurement process.
S1037 – Engineers and land surveyors 01/30/2019 Public Employees

The amendment expands the existing authorization to access private lands to include private land surveyors. Licensed professional land surveyors are the only persons authorized by Idaho statute to provide legal surveys of private property boundaries. The authorization to access and locate necessary property corners and evidence related to boundaries enables land surveyors to conduct a proper survey. Surveys supported by all of the required evidence protect real property rights.

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Keith Simila House - Business There is no fiscal impact to the State of Idaho General Fund or the dedicated fund of the agency as the amendment addresses the manner in which private land surveyors conduct surveys and does not adversely impact the regulation of professional land survey licenses.
H0077 – Wireless devices, driving 01/31/2019 Transportation

Many cities have begun to ban handheld cell phone use across the state. One person may drive very responsibly while speaking on a cell phone, while another might be completely careless. This blanketed law is not the solution and punishes those that have been responsible. We have a law on the book that addresses inattentive driving, which sufficiently addresses the irresponsible handheld use. Furthermore, this leaves patchwork in state traffic laws, thus making it confusing while driving from city to city in Idaho. Traffic laws need be consistent statewide.

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Representative Chad Christensen House - Transportation and Defense This bill would have no direct impact on the state General Fund. By prohibiting municipalities from instituting restrictive hands-free policies, this bill could take away some of the traffic fine revenue from municipalities with restrictive hands-free policies. A first offense in each of the cities with the ordinance in place includes a penalty of $100. In some cities, subsequent offenses include a fine of $200. This bill could also alleviate burdens on the court system, as there could be fewer individuals who contest their citation if this is made into law. Some cities will charge violators with a misdemeanor after multiple infractions, putting an even greater burden on the court system.
H0075 – Off-highway vehicles, nonresidents 01/31/2019 Transportation

Current Idaho law does not require non-residents to purchase an off-road vehicle sticker in order to travel upon and play on Idaho off-road trails. Non-resident snowmobile users are required to purchase a snowmobile sticker. The purpose of this bill is to impose a $12.00 sticker fee upon non-residents for OHV off-road travel in Idaho. This would be consistent with treatment of non-resident snowmobile users. The nonresident fee amount would be the same as the resident fee. Fees collected would be distributed in the same manner as resident fees.

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Representative Terry Gestrin Senate - Signed by President; Returned to House This bill will have no impact on the general fund. Administrative costs related to administration of the certificate of number programs operated by IDPR are solely funded from the users and are incorporated within the certificate fee. Imposition of a nonresident fee is expected to result in increased revenue to IDPR and its dedicated spending programs.
S1063 – Transportation funding 02/08/2019 Revenue

This legislation extends for five years the surplus eliminator that was originally created in H312aaSaaS (2015) and extended in S1206 (2017) until May 30, 2019. Consistent with the changes adopted in 2017, the funds transferred as a result of this legislation will be split equally between state savings and transportation. The Budget Stabilization Fund (BSF) would receive 50% of the funds, and the other 50% would be split between the Strategic Initiatives Program (SIP) within the Idaho Transportation Department (60%) and the local strategic initiatives fund administered by the Local Highway Technical Assistance Council (40%).

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Senator Lori Den Hartog Senate - Transportation The surplus eliminator will vary from year to year and will impact the General Fund by reducing the amount on the bottom line. Below is a history of the transfers since Fiscal Year 2015. FY15 $54,152,500 BSF $54,152,500 SIP FY16 $10,965,500 BSF $10,965,500 SIP FY17 $27,464,300 BSF $27,464,300 SIP ($16.5M to ITD and $11M to Locals) FY18 $60,296,400 BSF $60,296,400 SIP ($36.2M to ITD and $24.1 M to Locals)
H0127 – Land use planning, local government 02/11/2019 Public Lands

To allow County governing boards of Idaho’s 44 counties to determine the means by which they promote the health, safety and general welfare of the people in the unincorporated area of the county. In order to help accomplish that purpose, this legislation will allow every county the option of making a determination as to whether it is necessary, prudent or fiscally responsible to develop a “Comprehensive Plan” or “Land Use Code”.

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Representative John Green House - Third Reading This legislation will have no fiscal impact to the General Fund or other local governments. It may result in substantial savings to the counties.
H0122 – Hemp research and development act 02/11/2019 Law Enforcement

This legislation adds a new chapter, 17, to title 22 of Idaho Code to enact the Hemp Research and Development Act, which provides legislative intent, defines hemp, and permits any persons or institutions of higher education in Idaho to grow, cultivate, harvest, sample, test, research, process, transport, transfer, take possession of, sell, import and export hemp or hemp products containing .3% or less of tetrahydrocannabinols (THC) in the state to the greatest extent allowed under federal law. Section 10113 of the Federal Farm Bill of 2018 has removed hemp from schedule 1 of the controlled substances act, and eliminates other barriers at the federal level to hemp research, cultivation and development. Found in over 50,000 products, hemp has the potential to be a lucrative alternative crop in Idaho’s thriving agricultural economy. It also amends sections of Title 37, including the Schedule 1, to revise a definition, define a term, provide an exception for hemp containing .3% or less of tetrahydrocannabinols (THC), and provide a correct code reference.

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Representative Caroline Nilsson Troy and Representative Dorothy Moon House - Agricultural Affairs One time start-up costs include: $100,000 for the Idaho State Department of Agriculture to coordinate planning efforts with stakeholders such as growers, processors, the Idaho State Police, and others and to contract with experts to develop a US Department of Agriculture-compliant plan with the goal of having a plan approved by the USDA for the 2020 spring growing season; $50,000 for additional IT needs specific to the USDA requirements and other program start-up expenses. As it is unknown to what extent Idaho growers and entrepreneurs will invest in growing and processing hemp, it is anticipated that initial plant and oil samples will be sent to a lab that utilizes approved testing standards. Current and ongoing costs will be offset by grower, transporter and processor fees as determined by rule. Ongoing costs: $150,000 for salary, benefits and operating expenses that includes 1 FTP Ag Program Manager and .5 FTP Ag Investigator Sr. for program planning, coordination, informational sessions, and plan compliance.
H0118 – Pretrial risk algorithms 02/08/2019 Pretrial

This legislation prohibits the use of biased pretrial risk assessment algorithms for purposes of determining bail or conditions of release from jail pending trial.

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Representative Greg Chaney Reported out of committee; to 14th Order for Amendment This legislation has no fiscal impact to the general fund, other state funds, or to any local government budgets because the cost of validating these tools will be born by the vendor of that specific tool.
H0103 – Levy elections, disclosure 02/06/2019 Elections

This legislation amends Title 34, Chapter 4 of Idaho Code by amending language and adding a new subsection with a disclosure requirement for property tax levy election ballot questions. When a taxing district authorizes a levy election, the ballot must include a disclosure statement indicating the estimated average annual cost to a property owner per $100,000 of property value and the length of time. The county clerk will make the calculation and include the financial information on the disclosure statement on the levy ballot.

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Representative Doug Ricks Senate - Signed by President; Returned to House There is no anticipated impact on the general fund. The county clerks will prepare the information for the levy election ballots with existing resources.
H0102 – Tax commission, procedures 02/06/2019 Taxation

This legislation makes decisions of the State Tax Commission subject to the Administrative Procedures Act.

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Representative Megan Blanksma House - Transportation and Defense Due to its nature as a language change, this legislation would have a de minimus impact to the General Fund.
H0095 – Motor vehicles, register, insurance 02/06/2019 Transportation

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.

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Representative Rod Furniss House - Transportation and Defense Fiscal impact would be less than $10,000.00 as no additional computer programming costs would be incurred in doing an upload portal per the Department of Transportation. The primary costs would be for the processing, mailing correspondence to motorists, and the postage in the event of an error in sending in the proof of insurance. Other expense would be updating publication materials and educating the public about the new requirement.
H0088 – Highway Distribution Account 02/05/2019 Transportation

The purpose of this legislation is to transition Idaho State Police’s funding component that they receive from gas tax to the General Fund. Currently the portion of funds the Idaho State Police receives from the gas tax can only be used for specific purposes and requires significant effort from the Idaho State Police to ensure that those funds are spent appropriately by transitioning these funds from a dedicated source to the General fund. The Idaho State Police will be unencumbered in how they choose to allocate all of their funds.

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Representative Joe Palmer Senate - Third Reading The fiscal impact of this legislation will change the apportionment of the Highway Distribution Account. Beginning in FY 2021 the ISP apportionment of the Highway Distribution Account will be reduced by 1% per year until 2025 when their apportionment will be 0%.
S1040 – Alcohol, retail sale 01/30/2019 Revenue

This legislation:

Removes the state from the issuance of new liquor-by-the-drink licenses, while grandfathering state licenses issued prior to the effective date of this legislation and preserving their existing rights to transferability;

Empowers cities and counties to issue non-transferable liquor-by-the-drink licenses, without reference to a state-imposed population quota system, in accordance with the economic development needs of the community, while recognizing the self-determination rights of the cities and counties with regard to the issuance of liquor-by-the-drink licenses within their jurisdictions;

Requires enhanced responsibility of servers who sell alcohol beverages to underage persons, or who serve alcohol beverages to obviously intoxicated adult consumers, as part of a regulatory framework including requirements for server training and graduated licensee civil penalties dependent upon training status of the licensee’s employees. It is the intent of this legislation to not only empower the cities and counties to determine their own needs with reference to the presence of additional premises for the sale of liquor-by-the-drink, but also to eliminate the trafficking in the state licenses which has resulted from the state quota system imposed on the local government.

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Senator Jim Rice Senate - State Affairs This bill will have no fiscal impact on the General Fund. The license fee for municipal licenses to cities and counties will defray the cost.
S1033 – Organ donors, notification 01/30/2019 Coroners

Law Enforcement, fire fighters, emergency medical service providers, or coroners shall, as soon as reasonably possible, notify Local Dispatch of the location where the deceased will be or has been transported. They shall include the deceased’s name and date of birth, if known. Local Dispatch shall, then notify the Idaho State EMS Communications Center. The Idaho State EMS Communications Center will notify the appropriate donation agency.

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Senator Lee Heider House - Health & Welfare This legislation concerns a simple notification by the First Responder to Local Dispatch; and as such, would create no fiscal impact to the State Budget.
S1028 – Worker’s comp, PTSI 01/28/2019 Public Employees

This bill identifies Post Traumatic Stress Disorder (PTSD) otherwise known as Post Traumatic Stress Injury (PTSI) as an occupational injury that affects Idaho’s First Responders. Under current law, a mental injury must be accompanied by a physical injury. This changes current statue that if a First Responder has “clear and convincing” evidence of a physiological injury, the treatment would be handled through worker’s compensation. The provision of this act shall be null, void, and of no force and effect on and after July 1, 2023.

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Representative Erpelding and Senator Chuck Winder To Governor The National Council on Compensation Insurance (NCCI) expects that the enactment of such legislation will increase cost on workers' compensation rates that local municipalities pay as claims come in. However, the extent of such increase is difficult to estimate due to significant data limitations. Workers' compensation rates are averaged over a three-year period of time. There is no impact on the General Fund.
H0069 – Persi, employee definition 01/30/2019 Public Employees

Several non-governmental employers and their employees are enrolled in PERSI. This bill states that, after the effective date, no new non-governmental employee may be added to the PERSI rolls. Existing employees are not affected.

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Representative Steven Harris House - Commerce and Human Resources This legislation will improve the tax-payer's liability in relation to PERSI by eventually, through attrition, removing non-governmental employees from the system.
H0040 – Professional service contracts 01/24/2019 Contracts

This legislation clarifies that a public agency or political subdivision is not limited to maintaining a list of 3 persons or entities when engaging in a quality based selection process. The legislation also makes it clear that fees, costs, and rates can be used during the negotiation phase of the quality based selection process.

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Representative Megan Blanksma House - Commerce and Human Resources None
H0043 – Public defense, terminology change 01/25/2019 Public Defense

This proposed amendment to Idaho Code 19-850, 19-851 and 19-862A changes the terms “grant” to “financial assistance” and “application” to “compliance proposal.” These amendments help establish the State’s commitment to support compliance with Indigent Defense Standards as promulgated by the State Public Defense Commission. This provides assurance to the counties, who have been mandated to provide constitutionally-sound indigent defense services, that the appropriation of state monies will continue. The term “grant” implies that this funding is temporary and will eventually end, leaving the financial burden of providing constitutionally-sound indigent defense services on the counties, who have already reached their levy limits. In order to achieve successful reform of Idaho’s indigent defense system, cooperation of the counties is absolutely necessary, and these amendments are critical in that respect.

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Kathleen Elliott and Kelly Jennings Law None
H0041 – Public employees, severance pay 01/24/2019 Public Employees

State law appropriately prohibits State employers from paying severance to their employees upon termination. This bill extends the same restriction to employers at all levels of government.

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Representative Steven Harris House - Commerce and Human Resources None