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IAC Legislative Bill Tracker

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Bill Effective Date Category Description Sponsor Status Fiscal Impact
H637 – Federal Lands Right of Way – IAC Support 02/22/2018 Counties, Environmental, Law Enforcement, Property, Public Lands

The current Idaho Statute 402-04(A) recognizes that the federal land rights-of-way were granted to the state for public use in perpetuity. The 1976 act allowed for the continuance of rights-of-ways in existence prior to its passage. Abandonment of any rights-of-way shall not occur due to passage of time or frequency of use, but only through eminent domain proceedings. Recently, through the use of federal travel management, resource and land management plans, the federal agencies, primarily the U.S. Forest Service and the Bureau of Land Management, have closed roads and trails across federal lands, sometimes without regard to rights-of-way existing prior to the act. These closures have denied the public’s access to enjoy the lands’ multiple uses and has reduced state and county revenues derived from all industries related to access and extraction. These closures have also created wildfire suppression hazards by delaying response times to either re-open the closures or construct new means of access. This bill clarifies that federal agency plans desiring to close any existing rights-of-ways cannot circumvent eminent domain proceedings and explains what maintenance actions may be taken by the state or any of its political subdivisions.

 

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Rep. Giddings House - State Affairs None
S1320 – Tribal Retrocession 02/22/2018 Counties, Courts, Law Enforcement, Motor Vehicle, Property, Property Taxation, Transportation

The purpose of this legislation is to provide for a process by which Indian tribes in coordination with the Governor’s Office may make an application to the federal government for retrocession from Public Law 280. Any such application for retrocession would occur on a case by case basis and neither requires the need for consensus among tribes nor would it require that a tribe make an application to retrocede on all areas of the law under the concurrent jurisdiction. This legislation would provide an opportunity for the appropriate Committees in the House of Representatives and the Senate to conduct a public hearing on any application concerning retrocession.

 

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Sen. Guthrie Senate - Judiciary and Rules None
S1313 – Castle Doctrine 02/12/2018 Law Enforcement, Public Safety

The purpose of this legislation is to include in the code the Castle Doctrine and Stand Your Ground principles recognized in case law and jury instructions. It also clarifies that a place of business or employment and an occupied vehicle are included as defensible places. The legislation also adds definitions.

 

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Sen. Lakey Senate - Third Reading None
S1311 – Direct Primary Care Pilot 02/12/2018 Public Health

The proposed legislation creates a pilot program managed by health districts, who choose to participate in the pilot. Individuals may receive primary care for up to 10 months if they also attend a financial literacy course or health coaching. The financial literacy course or health coaching is provided by a qualifying non-profit. The goal of the pilot is two-fold. First help those in poverty learn financial literacy or health practices that will benefit them long-term. Second, provide access to primary care to those that may not have any access to health care. Only three health districts will participate in the program in the first year.

 

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Sen. Thayn House - Health & Welfare $150,000
S1283a – Distracted Driving 03/09/2018 Counties, Law Enforcement, Public Safety

The purpose of this bill is to set guidelines regarding the use of electronic devices while driving. After years of experience, it is apparent that electronic devices are highly distracting to drivers, who may be traveling as high as 80 miles per hour while holding a cell phone to an ear, viewing applications or covering both ears with headphones or earpieces. Currently, there is no law at all that regulates the use of such devices while driving, except for texting. This bill will make it a minor infraction to use electronic devices while operating a vehicle in motion.

 

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Property and Casualty Insurance Died None
H623 – Administrative Procedures Act 03/22/2018 Counties

This 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.

 

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Rep. Luker House - Judiciary, Rules & Administration $1,500,000
H547 – Building Codes – IAC Oppose 02/12/2018 Counties, Public Safety

The intent of this legislation is to amend the Idaho Building Code Act, Title 39, Chapter 41 to clarify that local jurisdictions are limited in their authority to adopt residential building codes different from building codes reviewed, amended, and adopted by the Idaho Building Code Board. The legislative intent of the Idaho Building Code Act is to provide uniformity and consistency of residential building codes across jurisdictions of the state. This legislation more clearly defines the role of local jurisdictions in maintaining that intent.

 

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Rep. Palmer House - Second Reading None
H611 – Open Meeting Law 02/16/2018 Counties, General, Public Records

This proposed legislation provides added transparency to meeting agendas that are subject to Idaho Open Meeting Laws by doing two things. First, the proposed legislation requires that in addition to current posting requirements for meeting agendas, notices for meetings and agendas will also be posted electronically, if the governing entity has an online presence. And, second, an item on an agenda that requires a vote by the governing entity be clearly identified as an “action item.” Agenda amending requirements remain the same, however, additional language has been added to allow for action on an item to be taken after the start of a meeting if an emergency is declared. The declaration must be justified and reflected in the minutes of the meeting

 

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Rep. DeMordaunt House - Passed None
H609 – Conflict Disclosure 02/16/2018 Counties, Public Records

This proposed legislation adds a new chapter to Title 74, Idaho Code requiring candidates and regulated officeholders to file potential conflict disclosures. The legislation defines the terms, provides required content, deadlines, record retention for conflict disclosure statements, penalties for failure to file, and requires declarations of a conflict of interest.

 

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Rep. Manwaring Senate - State Affairs None
H620 – Public Integrity Public Funds Elections – IAC Support 02/21/2018 Counties, Elections

This purpose of this legislation is to create the Public Integrity in Elections Act. • Identifies the proper role of governmental entities with regards to elections. • Codifies and clarifies existing case law that was established by the Idaho Supreme Court in Ameritel Inns, Inc vs Greater Boise Auditorium District (2005). In that case, the Idaho Supreme Court indicated that a public entity may “educate” but may not “advocate” regarding a bond measure. • Protects elected officials and public employees freedom of speech First Amendment rights and ensures that public funds, resources, and property are not used to influence the outcome at the ballot box.

 

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Rep. Monks Senate - State Affairs None
H594 – Property Tax Exemption/Hop Crops – IAC Oppose 02/19/2018

This legislation exempts hop crops production machinery and equipment from property taxation bringing hop crops machinery and equipment into alignment with other agricultural machinery and equipment.

 

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Rep. Anderst House - Passed None
H593 – Property Tax Exemption/Church – IAC Oppose 02/19/2018 Counties, Property Taxation, Taxation

The intent of this bill is to exempt facilities, owned and operated by a bona fide church, from the requirement that the facility be managed by the owner or a related nonprofit organization. This exception is believed to have limited application but will give churches that own such facilities more flexibility in finding qualified management.

 

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Rep. Anderst House - Passed None
H573 Campaign Finance 02/13/2018 Counties, Elections

This legislation is the work of the interim Campaign Finance Legislative workgroup. Its purpose is to shine more light on dark money, grey money and to require the listing of PAC leadership. It also extends the law to local special and recall election and requires the establishment of a single, searchable online database that will accommodate all the filings required under the Sunshine Law.

 

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Idaho Secretary of State's Office House - State Affairs $1,290,000
H574 – County Commissioner Elections – IAC Oppose 02/13/2018 Counties, Elections

This legislation amends Title 31, Chapter 7 of Idaho Code by adding a new subsection to provide for County Commissioner elections to include only voters of the same commissioner district.

 

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Rep. Nate Died None
H568 – Initiative/Referenda – IAC Support 02/13/2018 Counties, Property

This bill amends the state laws related to county and city initiative and referendum elections in chapter 18, title 34, Idaho Code, by deleting section 31-717, Idaho Code, the current state law governing the county initiative and referendum process and adding a new section 34-1801C, Idaho Code, to update and harmonize the county initiative and referendum process with the current State and city initiative and referendum processes found in chapter 34, title 18, Idaho Code. The bill also codifies in the initiative and referendum law for counties (section 34-1801C, Idaho Code) and in section 34-1801B, Idaho Code, the city initiative and referendum law, the Idaho Supreme Court’s decision in the 1983 case of Gumprecht v. Coeur D’Alene. In Gumprecht the Court determined that zoning conducted by initiative and by extension referendum elections was incompatible with the comprehensive statutory procedures mandated by the Local Land Use Planning Act, at chapter 65, title 67, Idaho Code. The bill also amends section 34-106, Idaho Code, to clarify the dates of certain city and county initiative and referendum elections.

 

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Ada County Senate - Local Government and Taxation None
H562 – Public Health Trustees 02/13/2018 Public Health

Legislation to amend Idaho Code Section 39-411 to apply Idaho open meeting law code to the board of trustees of the Idaho district boards of health and creates an effective period of funding formula setting for three years, unless an emergency is recognized.

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Rep. Blanksma Senate - Health & Welfare None
H560/H626 – Bond Election Ballot Language 02/13/2018 Counties, Elections, Property Taxation

The legislation amends Title 63, Chapter 8 of Idaho Code by adding a new section with a requirement for bond election ballot questions. When taxing district proposes a bond election, the ballot will include a disclosure statement indicating the term of the bond and the anticipated average annual tax increase per $100,000 of property value (based on the amount of the bond, net interest costs, the term of the bond, and the most recent valuation of taxable property in the taxing district). The district will provide information to the county clerk, and the county clerk will make the calculation and include the financial information on the disclosure statement on the bond ballot.

 

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Rep. Nate House - Passed None
H559 – Property Tax New Construction Roll – IAC Oppose 02/13/2018 Counties, Property Taxation

This legislation will provide for a provisional property tax exemption on property that is under construction for a tax exempt purpose.

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Rep. Moyle Senate - Local Government and Taxation None
H556 Personal Property Tax County Option – IAC Oppose 02/13/2018 Counties, Property Taxation, Taxation

The personal property tax applies to business machinery, tools, furnishings, equipment and some fixtures as described in Section 63-602KK, Idaho Code. It is one of the most difficult to administer and comply with for government and business alike. The purpose of this legislation is to give local control related to this tax. It provides county commissioners the opportunity to grant complete exemption of the personal property tax on those businesses within their county boundaries that are still tracking and paying the tax. County commissioners have the authority to grant the exemption for a time certain after public meetings have been held.

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Idaho Association of Commerce and Industry House - Revenue and Taxation None
H555 – Justice Levy – IAC Support 02/12/2018 Counties, Courts, Law Enforcement, Public Defense

The county justice levy was established to allow counties to levy a dedicated property tax to fund county justice related services including sheriffs patrol, jail operations, juvenile detention, misdemeanor and juvenile probation, prosecution, public defense, and certain court related personnel costs. The current statutory levy limit for the county justice levy is twenty hundredths of a percent of a taxable market value (.002). Thirty-two counties currently levy a justice levy. Of these 32 counties, 16 are at or near statutory levy limits, thus capping their ability to raise revenues to pay for necessary justice related services. This legislation will increase the statutory limit on the county justice levy to twenty-five hundredths of a percent of taxable market value (.0025).

 

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Idaho Association of Counties Died None
H553 – DUI Diversion Program 02/12/2018 Counties, Courts

The goal of this legislation is to make Idaho’s roads safer by reducing the number of people driving under the influence. The bill creates an optional diversion program judges and/or prosecuting attorneys may use in which first time DUI offenders are required to have an ignition interlock installed in their cars for 6 months to a year, along with other accountability measures such as sheriff inmate labor detail and alcohol abuse education. If offered, participation by the defendant is completely voluntary. Successful completion of the diversion program results in their charges being dismissed. If they fail the program, their original charges are prosecuted as they would have been originally. Research shows that the use of ignition interlocks is the most effective approach to reducing recidivism rates. The aim of the diversion program is to change patterns of behavior and decision-making in a way that will have long-lasting effects on the driving population and public safety at large.

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Rep. Kerby House - Referred for Printing $414,750
H552 – Misdemeanor Probation Fees – IAC Support 02/12/2018 Counties, Courts, Law Enforcement

The misdemeanor probation supervision program is to be a self-funded county program utilizing fees collected from probationers sentenced to the program. Fees collected from the probationers are to be used exclusively for misdemeanor probation services. Currently, not all of the supervision fees collected by the clerks of the court using the Odyssey Program are being used to fund misdemeanor probation as the supervision fees are being diverted, pursuant to the Idaho Supreme Court priority of payments list, to satisfy other costs, fines or fees that a probationer may be required to pay. This proposed amendment to Idaho Code § 31-3201D provides a mechanism to ensure that the supervision fees are used exclusively for misdemeanor probation services at the time the service is rendered. Allowing probationers to make their monthly payments to the board of county commissioners or its designee ensures that those payments are deposited, accounted for, and used to support misdemeanor probation supervision at the time supervision occurs rather than the fees being diverted to satisfy other costs, fines or fees pursuant to the Idaho Supreme Court’s priority of payments list. A county may continue having the fees paid to the clerk of the court and having it distributed pursuant to the Idaho Supreme Court’s priority of payments list. The amendment simply provides a county the option of having the fee paid to the board of county commissioners or its designee so that the supervision fee does not get diverted to first satisfy other costs, fines or fees pursuant to the priority of payments list.

 

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Ada County Died None
H536 – Trespass – IAC Oppose 02/09/2018 Law Enforcement

This bill amends Idaho’s trespass statutes to provide a consistent definition of trespassing across the code that is more easily understood by landowners and land users. The bill eliminates inconsistencies in criminal and civil penalties and augments certain penalties.

 

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Rep. Boyle House - Third Reading $11,000
H516 – Sales Tax, Vehicles – IAC Oppose 02/09/2018 Counties, Taxation, Transportation

This legislation serves as a pilot project that supports the adoption of alternative fuel vehicles in the State of Idaho. Expanding the adoption of Natural Gas, propane or electrically propelled and other alternative fuel vehicles allows Idahoans to consume Idaho-produced fuels, helping to reduce Idaho’s current reliance on imported transportation fuels. This legislation may also encourage automobile manufacturers to deliver more vehicles to Idaho to be sold by Idaho dealers, in turn spurring the Idaho economy. This legislation also seeks to mitigate the issues surrounding non-attainment for air quality standards throughout Idaho. Alternatively fueled vehicles produce less particulates and nitrogen oxides that are a leading cause of Idaho’s air quality challenges. This proposed legislation accomplishes all of this by adding a new section of code that allows purchasers of new vehicles, propelled by alternative fuels (compressed natural gas, liquid natural gas, propane or plug in electric) to pay 50% less sales tax, if the vehicle is originally registered in Idaho.

 

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Rep. Kauffman House - Revenue and Taxation $317,161.00
S1274 – Public Records 02/09/2018 Counties

This bill adds language to our current Public Records Request law for three purposes: First to designate a custodian within each agency or body for these requests, secondly to update the types of compensation information available to public request, and third to add important identity numbers as exempt from public disclosure.

 

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Sen. Souza Senate - Passed $100
S1282 – Sheriff’s Office Designation 02/09/2018 Counties, Law Enforcement, Transportation

This legislation is to correct terminology in Idaho Code by removing all references to a sheriff’s department and replacing each reference with terminology indicating a sheriff’s office, within the meaning of an elected office of sheriff. It also amends Idaho Code by adding a new section and revising Idaho Transportation Department’s standard two-letter exempt license plate designators table by replacing “SD” for Sheriff’s Department with “SO” for Sheriff’s Office. These corrections serve to instruct sheriffs, their staff, and others to avoid the use of ‘sheriff’s department’ to identify the ‘sheriff’s office’ where this incorrect terminology engenders a misunderstanding as to the true nature of the elected office of sheriff within county government.

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Idaho Sheriff's Association House - Transportation and Defense $12,500
S1280 – School Board Trustees – IAC Oppose 02/09/2018 Counties, Education, Elections

This bill changes school board elections from their current date of May in odd years to the city elections in November of odd numbered years, with the goal of increasing voter turnout and citizen participation in local schools.

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Sen. Souza Senate - Passed None
H533 – Inmate Costs – IAC Support 02/09/2018 Counties, Law Enforcement

The purpose of this bill is to increase the daily rate for state sentenced prisoners housed in county jails from $45 a day to $55 a day for the first seven days of housing followed by $75 a day thereafter. The Idaho Department of Correction houses approximately 1,000 state prisoners in the county jails throughout the state on any given day. The daily rate has increased only ten dollars over the last 20 years. The average county cost of housing state prisoners in the county jails is over $81 dollars a day. It is appropriate to adjust this daily rate so that the county property taxpayers will not have to make up the cost difference in housing state prisoners.

 

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Idaho Sheriff's Association Senate - Second Reading $3,650,000
H530 – Priority of Payments – IAC Support 02/09/2018 Counties, Courts

Upon conviction, criminal defendants are normally assessed several different fees, fines, and sometimes restitution (hereinafter collectively referred to as “fees”). Defendants are rarely able to initially pay the total amount due, and thus, they submit partial payments to the clerk pursuant to an agreement with the court. These partial payments must be distributed per the various statutes governing each fee. However, many of the fee statutes set competing priorities for the order of disbursement because those statutes have been adopted at varioustimes by different legislatures. As a result, the Supreme Court has been required to engage in statutory construction and enter an order establishing a priority. This bill seeks important policy decisions from the Legislature in order to establish a disbursement schedule in a single statute.

This enactment is necessary to allow re-programming of the Court’s Odyssey case management system to accomplish the Legislature’s policy directives. In addition, organizing all twenty four (24) possible fees in a single statute will allow for better understanding of the effects of the distribution order. Many of these fees enure to the counties and are vital to support the important programs funded by the fees. Specifically, monthly supervision feesfor misdemeanor probation and problem-solving court programssupport important county public safety efforts. As a result, this billsuggest placing those feesthird and fourth in the distribution schedule in order to support those county efforts and sustain the current systems. This legislation also seeks to maintain the long-standing legislative policy of requiring defendants to submit fee payments to the clerk of the court in order to continue consistent and accountable tracking of all payments and ensure legislative policy is followed in distribution. Finally, wile this bill represents a suggested prioritization, it is offered with the understanding and intention that the important policy decisions by the Legislature may require re-ordering of the distribution schedule.

 

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Idaho Supreme Court House - Second Reading None
H518 – Recording Fees – IAC Support 02/12/2018 Counties

This bill amends I.C. § 31-3205 clarifying recording fees for certain types of instruments that exceed 30 pages. The statute was amended in 2017 with flat fees for recording certain documents being established. Application of those changes revealed differences in interpretation as to documents over 30 pages which will be clarified by this change. Further, some descriptions of documents are amended for clarity.

 

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Idaho Land and Title Association Senate - Local Government and Taxation None
H499 – Records Retention for Law Enforcement – IAC Support 02/07/2018 Counties, Public Records

Section 31-871, Idaho Code, requires counties to retain all records, including digital files of video and audio recordings from body worn cameras, for a minimum of two years. Given the cost associated with management and storage of the digital media files associated with body worn cameras, many counties are currently unable to retain digital media recordings for the minimum requirement of two years. This legislation will add language to define digital recordings and a set minimum retention requirement for specified digital media files based upon the evidentiary value of the digital media file. These amendments will encourage counties to invest in digital recording devices by making the retention of county law enforcement records more achievable under county budgets.

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Idaho Association of Counties Senate - Judiciary and Rules None
H492 – Property Tax Deduction Veterans 02/05/2018 Property Taxation

Provides disabled Veterans who have a 100% service-connected disability to receive a special property tax reduction of $1,320, not to exceed the amount of the veteran’s actual property taxes.

 

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Rep. Giddings Senate - Local Government and Taxation None
H487/H639 – Bond and Levy Elections – IAC Oppose 02/05/2018 Counties, Elections

The proposed legislation requires taxing districts to wait a period of twelve months after a failed bond or levy election before it can re-run a bond or levy in the same district.

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Rep. Scott House - State Affairs None
S1259 – POST Funding – IAC Support 02/01/2018 Public Safety

This proposal amends Idaho Code Section 41-406(1)(e) to transfer $2,000,000 each fiscal year to the Peace Officers Standards and Training (POST) dedicated fund from the distribution of insurance premium taxes currently transferred to the General Fund. Revenue in the POST fund is insufficient to support the appropriation in the POST program, and as revenues decline over time the problem continues to worsen. It is also important to understand that POST is not over-appropriated, POST is underfunded. Underfunding related to inherent limitations in POST’s funding sources has been a persistent concern for over a decade. POST has found it necessary to cut spending to compensate for shortfalls in available cash and has consequently reverted large amounts of appropriation over the last several fiscal years. POST continues to struggle to deliver services, maintain equipment and facilities, and sustain appropriate staffing levels. POST’s spending cuts have impacted its state, county, and city agency stakeholders, requiring those agencies to absorb additional costs themselves or opt to delay critical training. Without additional funding, POST will be unable to sustain its current level of services in future years, impacting law enforcement agencies and public safety throughout the state of Idaho. This additional funding would provide POST with the revenues necessary to meet demand for services, maintain administrative operations, and provide for much-needed repair and maintenance of POST facilities and equipment. This proposal includes an emergency clause to make the legislative change effective upon passage and approval. Because the funds will not be transferred to POST until June 30th of each year, it is necessary to have the legislation effective before June 30 of FY 2018 in order for the funds to be available to POST on July 1 of FY 2019. If funds are not made available in time for FY 2019, POST may be forced to cut services until FY 2020. This proposal also amends Idaho Code Section 19-5116 to include revenue from 41-406(1)(e) in the POST fund, and to increase the POST fund cap from $1,000,000 to $3,000,000 at the end of the fiscal year. It is necessary to increase the cap due to the timing of the transfer, which will occur on June 30th each year. If the cap is not raised to accommodate the inflow of cash on June 30th, POST will be forced to transfer it back to the General Fund on the same date.

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Idaho State Police Senate - Referred for Amendment $2,000,000
S1258 – Public Defense Commission Litigation Funds 02/01/2018 Counties, Public Defense

The purpose of this amendment is to provide the counties, through a Board of County Commissioners, a way to apply for state funding to assist with extraordinary expenses related to the provision of indigent defense delivery services. The legislation adds the counties to an already existing statute that allows an indigent defense provider to apply for such funding.

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Idaho Public Defense Commission House - Judiciary, Rules & Administration None
S1257 – Public Defense Commission, Members – IAC Support 02/01/2018 Counties, Public Defense

The purpose of this amendment is to add two (2) additional members to the State Public Defense Commission: a second representative chosen by the Idaho Association of Counties and a second defending attorney. The greatest impact of the work of the State Public Defense Commission is on the counties and defending attorneys of Idaho. Administration of indigent defense varies greatly in counties depending on the concentration of population in urban areas compared to counties where smaller populations are spread over larger geographic areas. Stakeholders throughout Idaho would be better represented on the Commission with two (2) additional members who have distinctive knowledge specific to the delivery of indigent defense in the state’s diverse demographic and geographic regions. The counties can now be represented by a member from a rural area and another from an urban area. More defending attorneys would have representation on the Commission with membership of one defending attorney who is contracted by a county and a defending attorney from an institutional office, since the challenges each type of indigent defense delivery system faces are different.

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Idaho Public Defense Commission House - Judiciary, Rules & Administration $10,000
S1238/S1300 – Pretrial Release – IAC Support 01/29/2018 Counties, Courts

A court considering pretrial release must balance the presumption of innocence and defendant’s right to bail that is not excessive with ensuring public safety, protection of victims and witnesses, and the appearance of the defendant. Existing Idaho law expressly provides that the posting of bond is only to ensure the defendant’s appearance, and thus, supervised pretrial release programs should be specifically authorized and funded in order to address the public safety and protection of victims and witnesses prongs of the equation. Supervised pretrial release programs have been in existence in Idaho for fifteen (15) years, and currently thirty (30) of Idaho’s forty-four (44) counties have such a program. The current “Bail, Release on Recognizance and Condition of Release” statute, I.C. §19-2904, permits courts to impose conditions upon defendants released from custody while awaiting trial. The proposed legislation seeks to add a new section, §19-2904A, to specifically authorize courts to require, as a condition of a defendant’s release, that they be supervised while awaiting trial. Per this statute, each county can decide whether to establish a supervised pretrial release program. If the county has or adopts such a program, then the court may, in the exercise of discretion and in addition to any bond to ensure appearance, require supervision or monitoring of a defendant who is awaiting trial to ensure public safety, protection of victims and witnesses, and compliance with other conditions of release. This proposed legislation also seeks to add another new section, §31-3201J, entitled “Pretrial Supervision Fee” to fund the supervised pretrial release programs. Pursuant to this new section, the court could require a released defendant to pay a fee of no more than thirty dollars ($30) per month, plus the actual cost of electronic monitoring and/or drug and alcohol testing if such monitoring and/or testing is also a condition of release. The fees would be used exclusively to cover the costs of the pretrial services provided by the pretrial services agency.

 

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Idaho Supreme Court Senate - Third Reading None
H464 – Idaho Health Care Plan 01/30/2018 Public Health

This legislation allows the Department of Insurance agency director to apply for and implement a 1332 State Innovation Waiver to provide equal treatment of Idaho citizens as legal non-citizens and allow Idaho families 0-100% of FPL to receive an Advance Premium Tax Credit and purchase private health insurance on Idaho’s Health Insurance Exchange (YHI). There are no other changes to eligibility or calculations of tax credits or insurance enrollment through the Affordable Care Act. The only change related to this waiver is to allow Idaho Citizens the same treatment and special rule that is afforded to legal non-citizens who are not eligible for Medicaid.

This legislation also modifies chapter 56-256 in Idaho code to allow the Department of Health and Welfare to implement an 1115 Wavier to cover individuals under Medicaid with medically complex conditions in accordance with Department rule for individuals under the age of 65 whose income does not exceed the limit to qualify for a tax credit on the Health Insurance Exchange, who are not otherwise eligible for another Medicaid program, and who do not have access to employer-sponsored coverage. The legislation also allows the Department to implement premiums for a portion of the population under the 1115 waiver. This legislation also requires the Department of Health and Welfare to seek a separate 1115 waiver to pursue work requirements for able-bodied adults receiving Medicaid, consistent with work requirements in other public assistance programs.

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Idaho Department of Health and Welfare, Idaho Department of Insurance Died $29,253,300
H463 – Tax Conformity 01/31/2018 General, Taxation

This bill relates to income taxes. The bill will conform the Idaho income tax code to changes made to the Internal Revenue Code (IRC) that affect the 2018 taxable year, including but not limited to standard deduction increase, personal and dependent exemption elimination, and miscellaneous business income tax changes. The Idaho income tax code is based on using the federal taxable income as a starting point for both business and individual income tax returns. This bill also creates a nonrefundable Idaho child tax credit of $130 per qualifying child. Additionally it reduces personal income tax rate by 0.475%, in all brackets, and reduces the corporate income tax rate by 0.475%.

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Rep. Moyle Senate - Third Reading $104,500,000
H462 – Federal Lands Taxation – IAC Oppose 01/30/2018 Counties, Property Taxation

Property taxes for timberland owners with more than 5,000 acres are taxed differently than other types of property. Owners of 5,000 or more acres pay county property taxes according to a formula developed by the Committee of Forestland Taxation Methodology, which is codified in Title 63, chapter 17. The formula takes into account several variables. One variable is how productive a particular parcel of land is for growing timber. Based on the results of several different forestry measurements, a parcel is classified as either poor, medium, or good for this purpose, which is referred to as the land’s productivity classification. The Tax Commission and the Committee on Forestland Taxation set rules and procedures for county assessors to follow when considering changes to a parcel’s productivity classification.

The current rules have not provided a consistent, objective, or transparent process. Landowners in some counties have received assessment notices reflecting substantial (50% to 200%) increases in valuations due to productivity class changes, but no documentation exists to show the forest measurements required by the current rule were ever performed. This bill would require the Idaho Tax Commission and the Committee on Forest Land Taxation to review and revise the rule for forestland productivity classification to provide a professional and consistent process for all counties, including notification to landowners, qualifications for those conducting forestry measurements, and standards for documentation and retention. The bill would set productivity classifications at their 2016 levels until the rule is complete and approved by the legislature.

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Rep. Kauffman Senate - Third Reading None
H452 – Vacation Rentals 01/30/2018 Counties

The legislation amends section 67-6539, of Idaho Code, to align the law with the original intent of house bill H216 (2017 Session). The word “throughout” and the phrasing of what regulation is allowable, with limitations, left ambiguity about whether some prohibitions on short-term rentals were legal. This legislation revises the language to eliminate the ambiguity

 

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Rep. Nate Senate - Third Reading None
H450 – Forgone 01/30/2018

Taxing districts, such as cities and counties, may elect to disclaim any or all of their forgone balance for the current year. This bill adds flexibility as to when the district may adopt such a resolution. It also requires that the resolution be filed with the county clerk and the state tax commission.

 

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Rep. Harris Senate - Local Government and Taxation None
H447 – Asset Forfeiture 01/30/2018 Counties

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

 

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Rep. Harris Senate - Judiciary and Rules None
H442 – Strategic Initiatives Transportation Funding – IAC Support 01/26/2018 Counties, Transportation

This is an FY 2018 supplemental appropriation bill for the Idaho Transportation Department for the Contract Construction and Right-of-Way Acquisition Program and the Motor Vehicles Program. For the Contract Construction and Right-of-Way Acquisition Program the bill provides for a cash transfer and appropriation of $27,669,500 from the General Fund to the Strategic Initiatives Program Fund for projects pursuant to Section 40-719, Idaho Code. Of this amount, 60% is for the state (Idaho Transportation Department) and 40% is for local distribution. The bill also includes an increase of $21,116,700 from the Transportation Expansion and Congestion Mitigation Program Fund for projects authorized in S1206 of 2017 and a decrease of $2,900,000 from the State Highway Fund. For the Motor Vehicles Program the bill provides an additional $1,000,000 to replace the software for the International Registration Plan (IRP), which recognizes the registration of commercial vehicles registered by other jurisdictions.

 

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JFAC Law $27,669,500
H439 – Motorcycle Registration 01/26/2018 Counties, Motor Vehicle

This legislation allows operators of motorcycles the ability to purchase a six (6) month only motorcycle registration for half of the cost of an annual registration as an alternative to purchasing the full year registration. Half of the cost of the annual fee would be nine dollars and fifty cents ($9.50). The purchaser must specify at the time of purchase their preference.

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Rep. Scott House - Ways and Means None
H435 – Declaration of Candidacy 01/26/2018 Elections, General

The proposed amendment requires all incumbent candidates for district, state and federal offices to file their most recent federal tax return with their declaration of candidacy. The legislation also makes technical corrections.

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Rep. Scott House - Referred for Printing None
H428 – Public Servants – gifts/benefits 01/26/2018 Counties, Public Employee, Public Employees

This Legislation is an update to Idaho’s Current law relating to public servants and pecuniary benefits received from lobbyist. This bill will set a limit for gift-giving at the required reporting rate for lobbyists.

 

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Rep. Zito House - Referred for Printing None
H420 – Electronic Notices – IAC Support 01/25/2018 Counties, General

The legislation will allow government entities to publish legal notices on government websites in lieu of the requirement to have them printed in a newspaper. The electronic publication of legal notices is optional, has the same legal effect as printed notification, and will not alter any of the advance notice requirements currently in statutes. Similar to other records requirements, government entities would be required to maintain historical records of notices provided online.

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Rep. Nate Died $600,000
S1231 – Property Tax Interest and Late Charges – IAC Support 01/24/2018 Counties, Taxation

Idaho Code specifies that interest on property taxes is applied from January 1st of the current year, except for the supplemental and missed property rolls. This legislation would require interest for supplemental and missed property taxes to be applied and collected in the same way as all other property taxes.

 

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Idaho Association of Counties House - Third Reading None
S1230 – Delinquent Tax Payments 01/24/2018 Counties, Taxation

Idaho Code § 63-1002(2) states delinquent tax payments “may” be paid and accepted upon the oldest delinquency. Some counties have interpreted the statute to say the taxpayer can decide to pay whatever year they want rather than the most delinquent. This legislation would require that delinquent tax payments “shall” be paid and accepted upon the oldest delinquency.

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Idaho Association of Counties House - Third Reading None
S1229 – Early Voting Plan 01/24/2018 Counties, Elections

A detailed early voting security ballot plan indicating that a county clerk plans to use early voting must be submitted 30 days prior to an election. Once established, early voting plans usually do not change. This legislation would allow counties to submit an early voting plan once a year rather than submitting the same plan for every election. This will simplify the process for both the county and the Secretary of State’s Office. The county clerk will continue to be required to notify the Secretary of State’s Office of the intent to implement early voting; however, the statute would not require them to submit a new plan for every election unless the original plan is modified.

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Idaho Association of Counties House - State Affairs None
S1228 – Election Age Workers 01/24/2018 Counties, Elections

Students must currently be 17 years of age at the time of the election to which he or she is serving as a member of an election board. This qualification limits the students to mostly senior high school students who don’t have the time to dedicate and many times this age qualification limits the student to working one election. This legislation would lower the age to 16, giving students the ability to work more than one election in a year and it could possibly make them available to work in more than one calendar year of elections.

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Idaho Association of Counties House - State Affairs None
H406 – Solid Waste Plan 01/25/2018 Counties

This bill requires cities and counties to develop and implement plans to encourage the donation of excess food and to process food waste so as to reduce the reliance upon our landfills and reduce greenhouse gases.

 

 

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Rep. Chew NOT YET A BILL None
H399 – Rule of 80 – Juvenile Justice – IAC Neutral 01/24/2018 Public Employee

Currently, the PERSI retirement Rule of 90 applies to officers of the Idaho Department of Juvenile Corrections and those employed by Idaho’s counties that work in the areas of juvenile detention, juvenile probation, and misdemeanor probation. These professionals are required to have POST certification. The change in classification from the Rule of 90 to the Rule of 80 will acknowledge the safety, security, and stress individuals in these positions experience. In addition, agencies will have another tool to recruit and retain employees that require extensive and extended training in their field. This change has been advocated by the aforementioned officers. An emergency clause is necessary to allow current employees an opportunity to elect to remain as Rule of 90.

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Idaho Department of Juvenile Correction Senate - Commerce $72,100
H391 – Assessment Error Notice Date 01/23/2018 Property

This bill relates to the Tax Commission duties in relation to the errors in its assessment of operating property. The proposed change is in the Tax Commission deadline for notifying county auditors and tax collectors of such errors and providing corrections to the operating property roll. This will provide more time for the counties to correct any errors and calculate the proper tax levies.

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Idaho State Tax Commission To Governor None
H390 – Assessment Roll Abstracts 01/23/2018 Property

This bill relates to the administration of property taxes. This change would remove the requirement that county auditors deliver the abstracts of property tax rolls to the State Tax Commission via “certified mail.”

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Idaho State Tax Commission To Governor None
H386 – Elections Records Retention 01/23/2018 Elections

This legislation clarifies how long certain election records are kept, and designates the statewide voter registration database, maintained by the Secretary of State and accessed by the counties as the official register of electors.

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Secretary of State's Office House - State Affairs None
S1224 – Medicaid Expansion 01/19/2018 Public Health

This bill directs the Department of Health and Welfare to change their definition of Medicaid eligibility to include all individuals whose income is below 138% of the Federal Poverty level. The purpose of this legislation is to provide access to medical care for approximately 78,000 Idahoans, most of whom are employed in full-time work but earn too little to obtain health insurance on Your Health Idaho, the state-based health insurance exchange. This is expected to have a positive impact on the health and productivity of our citizens by increasing access to health care. It will unburden our economy by reducing bankruptcies due to uncovered medical expenses. It will reduce recidivism since many released prisoners currently have no access to medical care. Finally, it will reduce government by eliminating the need for county indigent programs and the State Catastrophic Health Cost payment program.

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Maryanne Jordan Senate - Health & Welfare $42,000,000
S1220 – Sales Tax Distribution 01/19/2018 Taxation

Section 63-3638, Idaho Code, governs the distribution of sales tax revenue to various agencies and entities. This bill amends section 63-3638, Idaho Code, to more clearly articulate the established process for distributing the sales tax revenue.

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Idaho State Tax Commission House - Revenue and Taxation None
H369 – Roadless Rule Commission 01/18/2018 Public Lands

This bill would codify the existing Idaho Roadless Rule Implementation Commission that has been operating pursuant to executive order for the last decade. See Exec. Order 2014-5. Idaho’s inventoried roadless areas (“IRAs”) consist of nearly 9.3 million acres of national forest lands. These roadless areas provide pristine habitat for native wildlife and also provide a significant benefit to Idaho’s economy. In 2008, Idaho successfully petitioned the federal government to adopt an Idaho-specific roadless rule, which was distinct from the Clinton administration’s one-size-fits-all rule, known as the 2001 Roadless Rule. The Idaho Roadless Rule was developed collaboratively and relied heavily on the local expertise and knowledge at the county level. The rule withstood several legal challenges since its promulgation and was upheld by the Ninth Circuit Court of Appeals in 2013. Jayne v. Sherman, 706 F.3d 994 (9th Cir. 2013). The Idaho Roadless Rule contemplates the existence of a state-based commission that reviews U.S. Forest Service projects proposed within inventoried roadless areas. Pursuant to a memorandum of understanding between the U.S. Forest Service and the State, the national forests in Idaho are required to consult with the commission prior to implementing a project within a roadless area. Because of the breadth of knowledge and expertise on the commission, the Forest Service follows the commission’s guidance.

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Office of the Governor Senate - Second Reading None
H365 – Liquor Fund Distribution to Community Colleges 01/17/2018 Education

The proposed legislation would amend Section 23-404, Idaho Code, increasing the distribution from the Liquor Account to the Community College Account from $600,000 to $800,000. Currently, the monies transferred to the Community College Account are equally divided and then distributed to the three community colleges. With the addition of a fourth community college, the College of Eastern Idaho, the FY 2019 allocation to each community college would decrease by $50,000, resulting in four equal allocations of $150,000. Increasing the distribution amounts from $600,000 to $800,000 will allow all four community colleges to receive the current allocation rate of $200,000 each. The Liquor Account is created through Section 23-401, Idaho Code, and consists of revenues derived from sales of alcoholic beverages and other merchandise, excise taxes, licenses, permits, fees, profits on sales, sales of properties, buildings, plants, apparatus, real estate, and securities acquired by or through the moneys belonging to the Liquor Account. Funds in the Liquor Account first cover the expenses and operations of the Liquor Division. The remaining funds are then evenly divided into two pools for distribution. The first pool is distributed to the Community College Account, Substance Abuse Treatment Fund, Public School Income Fund, Cooperative Welfare Account, and the Drug and Mental Health Court Supervision Fund based on amounts specified in Section 23-404, Idaho Code. The balance is then distributed to the General Fund. The second pool is divided between cities and counties, with 60% to cities and 40% to counties.

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Office of the State Board of Education Senate - Education $200,000
H338 – Idaho Health Care Plan 01/16/2018 Public Health

This legislation allows the Department of Insurance director to implement a 1332 State Innovation Waiver to allow individuals 0-100% of Federal Poverty Level (FPL) to apply for Advanced Payment of Tax Credits and purchase private health insurance on Idaho’s Health Insurance Exchange (YHI). This legislation also allows the Department of Health and Welfare (Department) to implement an 1115 Waiver to cover individuals with medically complex conditions in accordance with Department rule for individuals under the age of 65 whose income does not exceed the limit to qualify for a tax credit on the Health Insurance Exchange, who are not otherwise eligible for another Medicaid program, and who do not have access to employer-sponsored coverage.

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Idaho Department of Health and Welfare and Idaho Department of Insurance House - Health & Welfare $100,779,300
H337 – Behavioral Health Boards 01/16/2018 Behavioral Health

The intent of this legislation is to add definitions for supportive services, peer support specialist, family support partner, and recovery coach for implementation of community family support and recovery support services as defined in section 39-3135(7e), Idaho Code; to add prevention representation to the board and state planning council membership; and to remove language in section 39-3134, Idaho Code related to initial appointment of Regional Behavioral Health Board members that is no longer needed now that boards have been established and add county commissioner representation to appointing authority.

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Idaho Department of Health and Welfare Senate - Health & Welfare None