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IAC Legislative Bill Tracker

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Bill Effective Date Category Description Sponsor Status Fiscal Impact
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 Senate - Judiciary and Rules 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 - Judiciary and Rules 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 - Judiciary and Rules 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 - Transportation 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 Senate - 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 Senate - 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 House - Commerce and Human Resources 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 Senate - Commerce and Human Resources 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 House - Transportation and Defense 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 - Referred for Printing 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 - Referred for Printing 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 House - Judiciary, Rules & Administration 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 House - Revenue and Taxation 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 - Revenue and Taxation 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 House - Transportation and Defense 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 Senate - 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 Senate - Commerce and Human Resources 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 - Judiciary, Rules & Administration 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 House - Judiciary, Rules & Administration 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