IDAHO ASSOCIATION OF COUNTIES
2009 LEGISLATION AFFECTING COUNTIES
FINAL REVIEW
[IAC Position Key: A.S. =Active Support; S=Support; A.O.=Active Opposition; O=Opposed
* represents an IAC priority bill]
PROPERTY TAXATION & ASSESSMENT
Bill No.
Description
Status
H4
Tax Comm, homeowner's exemption. Allows the State Tax LAW
Commission to publish annual changes rather than increases to the
value of residential real property that is subject to the homeowner's
exemption. (63-602G) Effective Date: 1-1-09
H83
LAW
Taxation, personal property/exemption. This bill would enable a
small business to simply file an affidavit on the Tax Commission
form, if the conditions are satisfied, and be relieved of an annual
inventory of all personal property to be filed. Instead of including
every bit of personal property it allows for a dollar amount increase to
be listed. It also provides penalties for fraudulent application.
Additionally some technical changes include: Clarifying that the
exemption becomes effective the year following the year the State
Controller certifies the required increase in the general fund; Corrects
the calculation for reimbursement to urban renewal districts of
revenue that would have come from the exempted personal property;
Removes a duplicative provision requiring inclusion of
reimbursements in the calculation of budget limits to prevent double
counting; and Requires inclusion of the exempt personal property in
taxable value for levy setting. (63-602KK; 63-802, 803)
Effective Date: 1-1-09
H141a
Floating homes, definition revised. Will allow all float homes to be
treated in the same manner relating to assessment and taxation. The
present definition would create a situation where some float homes
are considered to be real property while others would be personal
property. (63-201)
Effective Date: 7-1-09
LAW
H206
Highway dist commissioners/budgets. Provides that highway
district commissioners shall, prior to certifying a property tax levy to
the commissioners and a county assessor, adopt a budget and cause a
public hearing to be held on the budget. (40-1325, 1329) Effective
Date: 7-1-09
LAW
H244a
Local Econ Dev Act, revised. It also limits the life span of LAW
expanded revenue allocation area to the existing 24 year statutory
limitation of the original revenue allocation area. (50-2904)
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IAC
Position
Effective Date: 7-1-09
S1091
Urban Renewal Dist, school levies. Revises the application for
school levies for supplemental maintenance and operation for
calculating the tax rate. (50-2908) Effective Date: 3-23-09
S1138
Section 42 low income properties. Provides guidance to county LAW
assessors when valuing section 42 low income housing projects and
to outline procedures for valuing the federal tax credits associated
with these properties. (63-205A)
Effective Date: 1-1-09
H2
H29
H30
H49
H50
H63
H122
H203a
Property tax, base yr for calculation.
Personal property tax/fiscal yr rvsd. Replaced by HB 83.
Property tax, notices.
Property taxation, reimbursement, cap. Replaced by HB 83.
Personal property tax/op property exempt.
Floating homes, definition/revised.
Energy enterprise zones. Work during Interim.
Prop tax exemption/renewable energy projects. Work during
Interim
Residential prop tax, renewable energy.
Property tax exemption, energy property.
Property, exempt from taxation. Work during Interim.
Community infrastructure districts.
Ordinary and necessary expenses.
Property tax, exemptions.
H208
H209
H233
H288
HJR1
S1040
LAW
H W/M
H Rev/Tax
S Loc Gov
H Rev/Tax
H Rev/Tax
H Rev/Tax
H Rev/Tax
S Loc Gov
H Rev/Tax
H Rev Tax
S Loc Gov
H W/M
H Rev/Tax
S Loc Gov
COURTS/PROSECUTION/DEFENSE
H59
Violent crime, victim compensation. Establishes authority for the
courts to assess fines for the direct benefit of the victims of certain
crimes of violence as a punitive measure. The legislation is intended
to remedy the fact that, under the current statute, victims of the
violent crime of sexual battery of a minor child sixteen or seventeen
years of age are not entitled to the protection of the statute. (19-5307)
Effective Date: 7-1-09
H87
Vulnerable adults, definition rev'd. Clarifies the definition of LAW
"vulnerable adult" by adding that a vulnerable adult is a person that
lacks sufficient understanding or capacity to make or communicate or
implement decisions regarding his funds, property, or resources. (181505) Effective Date: 7-1-09
S1046
Crime victims comp, fine increase. Provides additional funding to
the Crime Victims’ Compensation Program by increasing the fines
imposed on convicted criminals misdemeanors from $25.00 to
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$37.00; felonies from $50.00 to $75.00; and sex crime related
convictions from $200 to $300.00. Funding generated through
criminal fines has not kept pace with medical inflation and program
growth, reducing the Crime Victims Compensation Fund to levels
that are insufficient to meet current and future needs. This fine
increase would generate approximately $966,869 additional monies
annually to help keep up with the increasing demand for services and
medical inflation. (72-1025) Effective Date: 7-1-09
S1106
LAW
Crimes/punishments, restitution. Provides authority for judges to
order restitution, upon conviction for a driving while under the
influence offense, reimbursing law enforcement agencies for the cost
to withdraw blood samples, perform laboratory analysis, preserve
evidence and present blood analysis testimony during judicial
proceedings. The legislation will direct that the moneys reimbursed to
the Idaho state police be deposited into the current state operating
fund for drug enforcement reimbursement pursuant to Idaho Code
Section 57-816. (18-8002, 8003; 37-2735A, 2744; 37-2807, 2808;
57-816)
Effective Date: 7-1-09
H183
Criminal records, expungement.
H Jud
DRUGS/TOBACCO/ALCOHOL/SUBSTANCE ABUSE
H299
Approp, Office of Drug Policy. Appropriates $440,300 to the
Office of Drug Policy for fiscal year 2010; appropriates $6,141,300
to specified agencies for statewide substance abuse services for fiscal
year 2010; provides legislative intent on personnel costs; and directs
salary reductions.
H315
LAW
Approp H&W, Substance Abuse. Appropriates $22,922,700 for
the Department of Health and Welfare for substance abuse services
in the Substance Abuse Treatment and Prevention Program for fiscal
year 2010; limits the number of full-time equivalent positions to
13.04; provides that the State Controller shall make transfers from
the General Fund; directs expenditures for radar funding; directs
expenditures for gain provider training; directs expenditures for
statewide media campaign for underage drinking; provides legislative
intent for the education stipend for the Department of Health and
Welfare employees; directs that funds for trustee and benefit
payments shall not be transferred; allows transfers between personnel
costs and operating expenditures; provides legislative intent on
personnel costs; and directs salary reductions. Effective Date:
04/30/09 Section 11; 07/01/09 All other sections
S1153
DUI/restricted non-commercial driving privileges. Allows judges
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to grant restricted driving privileges to DUI offenders, including
repeat offenders, who are participants in good standing in drug courts
or DUI courts. Such privileges could be granted only to those
participants who have served at least 45 days of the drivers license
suspension with no privileges whatever, had provided proof of
liability insurance in the amounts required by law, and whose
vehicles were equipped with an ignition interlock system. The
limited driving privileges could be used only for the purpose of
getting to and from work, school, or an alcohol treatment program.
(18-8002, 8002A, 8004A, 8004C, 8005)
Effective Date: 7-1-09
ELECTIONS/CAMPAIGN FINANCE/REPORTING
H205
Highway district, elections. Allows for the board of highway
district commissioners to declare a candidate to be elected, if after
the deadline for filing, a declaration of intent as a write in candidate
has passed. (40-1305B)
Effective Date: 7-1-09
LAW
H372
Elections, provisions revised. Appropriates an additional
$1,500,000 to the Secretary of State to provide funds to counties for
computer equipment and software directly related to election
consolidation; provides for all elections to be conducted by the
appropriate county clerk, except for water districts, ground water
recharge districts, ground water management districts and irrigation
districts; limits elections to two dates in each calendar year, except
for school districts that are allowed two additional election dates; to
specify those elections to be held in even-numbered years and those
elections to be held in odd-numbered years; transitions certain terms
of office from an odd number of years to four year or six year terms;
provides for an annual distribution of $4.1 million from sales tax
revenues to counties to fund the additional cost of conducting
elections; and requires the Secretary of State and IAC to report the
costs to the Legislature in 2013. (Numerous Code Sections)
Effective Date:
LAW
H26
H68
H69
H201
H285
Elections, absentee voters.
Elections, provisions revised.
Elections, provisions revised.
Elections, provisions revised.
Elections, proof of id/residence. Work during Interim
H W/M
H St Aff
H St Aff
S St Aff
H St Aff
ENVIRONMENT/NATURAL RESOURCES
H264
Comprehensive aquifer manage plan. Approves the Eastern Snake LAW
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O
S
O
Plain Aquifer (ESPA) Comprehensive Aquifer Management Plan
(CAMP) as a component of the Comprehensive State Water Plan and
to provide that the Idaho Water Resource Board prepare and submit
for approval to the legislature a funding mechanism needed to
implement Phase One of the CAMP. The CAMP was authorized by
HCR 28, adopted by the 59th Legislature, First Regular Session, and
by SCR 136, adopted by the 58th Legislature, Second Regular
Session. The CAMP establishes a long term program for managing
water supply and demand in the ESPA The CAMP establishes an
incremental net change to the ESPA water budget of 600,000 acre
feet. The Phase One water budget target is 200,000 to 300,000 acre
feet over the next ten years. The CAMP calls for the establishment of
an advisory committee to assist the Board in the development of an
implementation plan, which will include establishing mechanisms to
collect funds for implementation of Phase One from the various
participants. Effective Date: 4-23-09
HCR13
Natural resource issues, study comm. Authorizes the Legislative
Council to appoint a committee to undertake and complete a study of
natural resource issues.
ADOPTED
HCR16
Energy/environ/tech, study comm. Authorizes an interim
legislative study committee on energy, environment and technology
issues.
ADOPTED
S1185
Ground water recharge. Clarifies that the Swan Falls Agreement
does not preclude use of water for aquifer recharge by removing the
reference to the Swan Falls Agreement in Idaho Code § 42-234 and
repealing Idaho Code § 42-4201A. This legislation consolidates into
Idaho Code § 42-234 the authority provided to the director of the
department of water resources by Idaho Code § 42-4201A over the
appropriation and diversion of water for recharge, and the operation
of aquifer recharge projects. This legislation affirms that ground
water recharge rights will be issued in compliance with Idaho law
and the state water plan, and that the director may regulate the
methods of operation of recharge projects to prevent the creation of
conditions adverse to the beneficial use of water under existing water
rights. (42-234; 42-4201A, 4223; 42-5225; 43-343) Effective Date:
7-1-09
LAW
H210
S1213
S1223
Comprehensive aquifer management plan.
Local government, dairy farms/air quality.
Swine Facilities Siting Act.
H Res/Con
S Agric Aff
S Agric Aff
FEES/OTHER TAXES
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H213
LAW
Vessels, add'l fees/stickers. The State of Idaho is on the verge of
experiencing significant impacts across a wide spectrum of its natural
and economic resources as a result of the accidental introduction of
various aquatic nuisance species, primarily quagga and zebra
mussels. The impacts across the state will be extreme, affecting the
economic, social and recreational pursuits of all Idahoans who are
influenced by hydro power and other dams, drinking water,
agricultural diversions for irrigation, recreational pursuits such as
boating, fishing, golf courses, hatcheries, and the aquaculture
industry. The ecological impacts of introduction of these and other
invasive species are immeasurable and irreversible. There are
approximately 90,000 registered motorized vessels in Idaho, plus an
estimated 9,000 nonresident motorized vessels that recreate on our
public waterways each year. Non-motorized boaters are estimated at
between 90,000 and 120,000. This gives IDPR additional spending
authority of $1,580,000.00. (67-7008A)
Effective Date: 4-8-09
H17
H21
H77
H221
H238
H307
S1045
S1100
Local option taxes, authority.
Sales Tax, exemptions repealed.
Tuition, prof-tech students, aid.
Tuition, professional-tech students, aid.
Recorded documents/fees. Work with Clerks during Interim
Sales tax revenues, distribution.
Video service, public right-of-way.
Video service. public right-of-way.
H W/M
H W/M
H Educ
H Educ
H St Aff
H W/M
S St Aff
H St Aff
FRINGE BENEFITS/EMPLOYMENT/PERSI
H231
PERSI/retirement allowances. Prevents penalizing PERSI
members serving in an elected or appointed capacity whose
elected/appointed service exceeds their general membership service.
(59-1342, 1346)
Effective Date: 7-1-09
H335
TO GOV
Unemployment benefits. Triggers the federal-state unemployment
insurance extended benefit program under a less restrictive
alternative formula only in periods when the federal government is
covering the full cost of federal-state extended benefits. When the
federal government is paying one hundred percent (100%) of these
benefits, as it currently is under the federal stimulus bill through
2009, the additional benefit will be triggered when the total
unemployment rate for Idaho exceeds six and one half percent (6.5%)
on a rolling three month average and is at least one hundred ten
percent (110%) of the average unemployment rate for the same
period in either of the two previous years. During times when the
federal government covers only fifty percent (50%) of the cost of
federal state extended benefits, the trigger for the additional benefit
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would revert to the more restrictive existing formula. That formula
requires the insured unemployment rate to exceed five percent (5%)
on a rolling three month average and be at least one hundred twenty
percent (120%) of the average rate for the same period in the two
previous years. Reverting to the more restrictive insured
unemployment rate formula, reduces the drain on the state's
Unemployment Insurance Trust Fund while moving to the less
restrictive total unemployment rate formula takes advantage of
provisions of the American Recovery and Reinvestment Act of 2009.
Should the total unemployment rate hit eight percent (8%) on a three
month rolling average, the maximum period for receiving federal
state extended benefits increases from thirteen to twenty weeks.
Workers would become ineligible for federal state extended benefits
under the total unemployment rate formula immediately upon
cessation of the federal government paying the full cost of those
benefits. The bill also waives for this situation only the requirement
that claimants must qualify for all benefits within a fifty two week
period. This waiver is needed because the federal extended benefits
up to thirty three weeks, which claimants receive after exhausting
their regular state benefits of up to twenty six weeks, pushes most
claimants beyond the fifty two week limit. The waiver lets them
qualify for federal state extended benefits authorized by this bill. (721367A)
Effective Date: 5-7-09
S1111
Public safety officer, disability benefit. Provides a onetime payout
of $100,000 to help families to replace lost income and offset some
of their increased expenses. A onetime payout is necessary to prevent
being offset by PERSI, Social Security, and Workers Compensation
benefits. This will require public safety officers to increase their
PERSI contribution rate by .04%. (59-1352A) Effective Date: 7-109
LAW
S1122
PERSI, provisions revised. Revises provisions relating to optional
retirement allowances; and to clarify a requirement of eligibility for
disability retirement. (59-1351, 1352, 1355) Effective Date: 7-1-09
LAW
S1152
Worker's compensation. Allows worker's compensation benefits
paid from other states to be exempt from execution in the event of a
bankruptcy.
(72-802) Effective Date: 7-1-09
LAW
H162
H305
S1095
S1135
S1155
S1214
Worker's Comp/penalties for no coverage.
Worker's compensation, atty's fees.
Worker's comp, fees.
Worker's compensation.
Employment, unauthorized aliens.
Unemployment benefits.
H St Aff
H Comm
S 14th Order
S Comm
S St Aff
H Comm
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HEALTH CARE/PUBLIC HEALTH
H55
Nursing, licenses. Will permit the Board of Nursing to exercise
sound discretion to waive strict adherence to these requirements
where there is an adequate showing that the applying nurse is
competent, public safety will not be compromised, and the nurse has
satisfied equivalency requirements set by the Board. It is anticipated
that this discretion will be exercised sparingly. (54-1407, 1408)
Effective Date: 7-1-09
LAW
H123
Public assistance, health & welfare. This legislation is proposed to
contain Medicaid costs and reduce reimbursement and benefits to
align with Medicaid’s budget constraints. Changes include both short
term and ongoing reductions. The ongoing reductions intend to
provide for sustainable cost controls. Changes include: reductions in
skilled nursing home rates, a freeze on intermediate care facility
rates, a freeze on physician and dental reimbursement, the removal of
the nonemergency medical transportation benefit from the Basic
Plan, and the addition of disproportionate share payments to the
hospital assessment calculation. These reductions reflect a significant
share of the overall reductions needed in the Medicaid program. (56102, 113, 136; 56-255; 56-1401, 1402, 1404,1406, 1410) Effective
Date: 04/01/09 Section 4; 07/01/09 All other sections
LAW
H185
Midwifery, board powers/duties. Establishes a framework for
licensure of midwives in the state of Idaho. The mandatory licensure
provisions of this bill are intended to enhance maternity care options
for Idaho’s families and to help ensure that those who provide
midwifery care not only have the training necessary to do so, but also
have the access to the medications that are necessary to safely
provide this service. The legislation establishes provisions for what
midwives are allowed to do, what they may not do, when they shall
advise their clients to seek other medical advice and when to
transport a client. (Chapter 54, Title 54; 67-2601, 2602)
Effective
date: 7-1-09; 7-1-14 Sunset Clause Section 1
LAW
S1065
LAW
Mental Health Boards, revised. Increases children's mental health
representation on regional mental health boards and clarifies statutory
language about representation for adults with mental illness. (393130, 3132) Effective Date: 7-1-09
S
S1108a
Emergency medical services, revisions. The legislation also
introduces provisions clarifying the EMS bureau’s authority to
investigate and act against those licenses when violations of laws or
rules occur, thereby protecting the public. (56-1011, 1012, 1013,
1013A, 1014, 1015, 1016, 1020, 1021, 1022)
Effective
Date: 7-1-09
LAW
S
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S1110a
Public benefits/documentation revised. Adds lawfully present
persons with any type of immigration service document that validates
their presence under refugee or asylee status to the list of eligible
groups for public benefits. Including these groups will allow them to
assimilate more quickly, and allow them to access services that help
their families survive the transition period, while they await full
citizenship. (67-7903)
Effective Date: 7-1-09
S1112a
LAW
Basic daycare license. Extends licensing to all providers who
receive compensation and care for four or more children, with
specific exceptions maintained. Basic requirements include: criminal
history background checks, health, safety and fire inspections and
restrictions on firearms, alcohol and tobacco use. Minimum standards
for infant CPR and first aid training are specified. This act establishes
staff-child ratio recommendations consistent with nationally accepted
standards and provides for fees to be established based upon the
number of children. The Health and Welfare Department will serve
as the portal or administrator for the program and will contract for
the inspection services, receive and compile complaints and provide
for a one stop application process. (39-1101, 1102, 1104, 1105, 1106,
1107, 1110, 1111, 1112a, 1113, 1114, 1115, 1116, 1117, 1118, 1120)
Effective Date: 1-1-10
S1127
LAW
Rural health care access program. Aligns the grant award
schedule with Title 39, Health and Safety, Chapter 32, Idaho
Community Health Center Grant Program. Modifying the Rural
Health Care Access Program statute to align the grant award schedule
with Community Health Center statute eliminates one board meeting
per year and decreases associated costs. (39-5903, 5905, 5909)
Effective Date: 7-1-09
S1146
Food establishments/licensing fee. The new bill revises definitions LAW
of intermittent, mobile, and temporary food establishments,
establishing a $65 fee for those without commissaries, a $85 fee for
mobiles with commissaries, a $125 fee for all other establishments
with less than 2 licenses, and a $150 fee for those with 2 or more
licenses. The fees will be phased in over 2 years and the fee structure
will be open for review in 3 years. (39-1602, 1607) Effective Date:
7-1-07
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S1158
Medically indigent program. The bill requires the Department of
Health and Welfare to conduct utilization reviews on medical claims,
provide for an early determination as to whether individuals are
Medicaid eligible, and perform third party recovery of claims paid by
the county and the state. This bill will also increase the county
deductible from $10,000 to $11,000. The Medically Indigent Health
Care program and the state General Fund are responsible for all
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medical bills in excess $11,000 in a 12 month period.
Section 31-3502 include alphabetizing the current definitions in
code; and creating new definitions like utilization management and
applications for assistance. It also modifies some existing definitions.
Section 31-3503A outlines the powers and duties of Medically
Indigent Program administrator. Section 31-3503C is a new section
that creates the powers and duties of the Department of Health and
Welfare. The new section requires the department to design and
create a utilization management program and third party recovery
system; engage contractors to perform the new functions; implement
a Medicaid eligibility determination process for the Medically
Indigent program; work with the IHA and the IAC to develop by July
1, 2010 a uniform application for use by all three entities; work with
the counties and the administrator regarding eligibility, utilization
management, and recovery; and promulgate rules. Section 31-3503D
is also a new section that requires the counties to fully participate in
the costs of the utilization management and third party recovery
system. The contribution for each county will be calculated by the
department and set by rule. Section 31-3503E is a new section that
provides a statutory backbone for processes that the hospitals, the
counties and the Department of Health and Welfare must follow with
respect to Medicaid eligibility determination. Section 31-3503F is a
new section that covers medical homes for the indigent population.
This section requires the department to, by rule, create a community
based care system for nonmedical services that the hospitals will use
for referral of uninsured patients for nonemergency care. Additional
modifications include adding the Department of Health and Welfare
to the process for the Medicaid eligibility determination and
utilization management, as well as allowing the hospital, the county,
and the state to exchange information regarding the applicant. It also
expands the CAT Board. Finally, this legislation has intent language
that requires that the new changes be reviewed in three years. (20605; 31-3302; 31-3501, 3502, 3503, 3503A, 3503c-F, 3504, 3505,
3505B, 3507, 3508, 3509, 3510, 3511, 3517, 3518, 3519, 3553; 677903) Effective Date: 7-1-09
S1199
Approp, Catastrophic Health Care. Funds a supplemental amount LAW
of $2,500,000 onetime from the General Fund for fiscal year 2009 for
the Medically Indigent Health Care program. The bill also includes
$19,771,700 for the Medically Indigent Health Care program for
fiscal year 2010 of which $4,113,900 is onetime funding. Finally this
appropriations bill includes trailer appropriation funding for Senate
Bill 1158 in the amount of $381,900 and 2.0 positions for the
Medically Indigent Administration Division in the Department of
Health and Welfare. Effective Date: 04/23/09 Section 2; 07/01/09
All other sections
H81
Public assist/welfare, Medicaid red.
H H/W
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H144
S1063
S1083
S1104
Hospitalization/mentally ill, costs.
Community health center grant program.
Food establishments/licensing fee. Replaced by S1146.
Motor vehicle registration/emergency med service fees.
H H/W
S H/W
S H/W
H Transp
INSURANCE
S1163
S1164
Motor vehicles, financial responsibility.
Insurance contracts/defs revised.
S Com HuRes
S Com HuRes
JUVENILE CORRECTIONS
H301
Approp, Juvenile Corrections. Appropriates $47,384,800 to the
Department of Juvenile Corrections for fiscal year 2010; limits the
number of full-time equivalent positions; provides legislative intent
on personnel costs; and directs salary reductions. Effective Date:
05/01/09 Section 4; 07/01/09 All other sections
LAW
LAW ENFORCEMENT/PUBLIC SAFETY
H70a
Sexual offender registration act/regist requirement. Establishes
the requirements and process for a sex offender to petition to be
removed from the sex offender registry. The legislation is intended to
clarify the role of the central registry in the petition for removal
process and to clarify the findings to be made by the courts in these
cases. The amendments will require that the central registry be
notified of the filing of a petition and be permitted to appear and
participate at the hearing on the petition. It will clarify that the court
hearing the petition must issue written findings in its decision on a
petition and review the petitioner’s criminal history, recidivist status,
and status as an aggravated offender or violent sexual predator. (188310) Effective Date: 7-1-09
LAW
H147
Commercial driver's licenses, fines. Increases the minimum civil
penalty assessments applicable to commercial vehicle drivers
convicted of an out of service (OOS) violation. The new federal
minimum penalty amounts for the first and second convictions are
two thousand five hundred ($2,500) and five thousand ($5,000);
Increases maximum civil penalty assessments on employers who
knowingly allow or require operation of a commercial motor vehicle
in violation of an out-of-service order. Such violations now increase
to twenty five thousand dollars ($25,000); Minimum disqualification
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times are increased for CMV drivers violating an out of service order
while transporting nonhazardous materials from ninety (90) days to
one hundred eighty (180) days for the first conviction; and from one
(1) year to two (2) years for a second conviction arising from separate
incidents during any ten (10) year period. (49-335, 337)
Effective
Date: 7-1-09
H154a
State police, vehicle identification. Deletes the requirement of
painting vehicles with a white top that are used as Idaho State Police
highway patrol vehicles. (49-2427) Effective Date: 7-1-09
LAW
H163
LAW
Scrap dealers. Modernizes the laws dealing with the buying and
selling of scrap metal. Scrap is clearly defined, and a streamlined
system is set up for transactions between businesses and scrap
dealers. Further, record keeping requirements are clearly delineated to
assist law enforcement in the investigation of stolen metal. (Chapter
27, Title 54) Effective Date: 7-1-09
H164
Peace Officer Standards/Training Council.
Sets up a LAW
clearinghouse for information regarding certified peace officers in
regard to peace officer employment. In this way, law enforcement
entities will be able to determine the prior law enforcement history of
potential employees. (19-5109, 5117) Effective Date: 7-1-09
H82
H166
H175
H176
H182
H304
S1024
Criminal internet use.
Peace officers, deputized status.
Death certificates, add'l fee.
County Coroners, education requirements.
Crimes against children.
Gaming, local officer enforcement.
Firearms, regulations.
H Jud
H Jud
H Loc Gov
H Loc Gov
H Jud
H W/M
S St Aff
MOTOR VEHICLES
H334
Motor vehicle fees, increases. Raises the fees for Division of Motor
Vehicles (DMV) services. Fees for services include, but are not
limited to, issuing driver licenses; title transfers; furnishing copies of
drivers license records, title or registration records; replacing
registration stickers; and issuance of assigned or replacement vehicle
identification numbers. This bill provides for increased fees to third
party motorcycle and class A, B, C, and D drivers license skills
testers. Funds from these fees will be deposited into the State
Highway Account and will be used by the Idaho Transportation
Department to fund asset management and Motor Vehicle program
costs and needed upgrades, which are currently unfunded. This bill
allows for the continuation of fee exemption when the service is
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furnished to any federal, state, county or city peace officer when such
service is required in the performance of their duties as peace
officers. (4-202; 49-306, 328; 49-523; 49-1224; 49-1607; 49-2444)
Effective Date: 1-1-10
S1053a
Motor vehicles, registration, title. Would enable the department to LAW
require the collection the following information, including full legal
name, driver license number, or social security number, or a business'
employer identification number, as well as physical and mailing
address, of owners of vehicles when registering or titling vehicles or
vessels. (49-401B; 49-504) Effective Date: 7-1-09
S1061
Snowmobile trails. Provides that certain vehicles shall not be LAW
allowed to operate on groomed snowmobile trails. The penalty for
such a violation would be an infraction. (67-7112) Effective Date:
7-1-09
S1183
Motor vehicle reg, wrecker plates. Provides for provisions relating
to wrecker plates and for the display of a wrecker plate. (49-402,
428) Effective Date: 7-1-09
LAW
H150
H153
S1055
S1087
S1182a
License plates, fees.
Motor vehicles, weight regs.
Motor vehicles, materials on highways.
H Transp
HTransp
S 14TH Order
S Transp
H Transp
Motor vehicle fees, increases.
License plates/special/requirements.
PLANNING/ZONING/BUILDING/
H143
Municipal corporations/annexation. Clarifies the language in
accordance with the intent in 2008, and to better organize the
paragraph addressing consent to annexation. (50-222)
Effective
Date: 7-1-09
H218a
LAW
Building codes, provisions deleted. Exempts single family
dwellings and multiple family dwelling buildings up to two units per
building, from the requirements to install automatic fire sprinkler
systems. An identical exemption was added to the Idaho Code during
the 2004 legislative session but the exemption expired when the 2006
International Fire Code language was superseded by the language of
the 2000 International Building Code. This legislation would
reinstitute the exemption while not linking it to any particular edition
of the building codes. (39-4109, 4116) Effective Date: 7-1-09
H220
Bldg code board membership, revised. Amends the membership
of the Idaho Building Code Board by the addition of an additional
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LAW
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contractor member. The Legislation will adopt the 2006 editions of
the International Building Code as well as the International
Residential Code. It also corrects the name of the International
Existing Building Code and adopts the 2006 edition of it. Also, the
proposed legislation will provide that the division, as well as local
governments performing building code enforcement activities will be
permitted to make such Codes effective on January 1 of the year
following the adoption of specific editions of the International Codes
by the Idaho Building Code Board. Further, the legislation provides
for adoption of subsequent codes through an expanded negotiated
rule making process with written notice to affected parties. The
legislation also restricts local jurisdictions from adopting
amendments to the codes not adopted by the Board, unless the local
jurisdiction does so by ordinance after a public hearing with written
notice to the affected parties. The proposed legislation encourages
cooperation in the adoption of building codes and provides the
division and local governments with necessary time to prepare for the
implementation of new editions of the International Codes, and will
save each additional administrative expenses associated with
publishing special guidance outside the normal budget process. (314106, 4109; 4116) Effective Date: 4-17-09
H251
LAW
Building code act, schools. Authorizes school districts to elect
whether they will have the Department of Building Safety or the local
jurisdiction in which the school will be located perform the school
plan review for building construction when the proposed work is
valued in excess of $100,000, so long as the plans review is
performed by a person with the appropriate certifications. The
legislation also sets the standard for the certifications that are
required to perform the plan review, as well as the fee that can be
charged for the plan review. The proposed legislation eliminates dual
building plan reviews and the fees associated with the dual review,
ensures that building plan reviews will be performed by properly
certified individuals regardless of which entity performs the review,
and allows for efficiency in the building plan review process. (394113, 4116; 39-8007) Effective Date: 7-1-09
H47
H48
H54
H114
H202
H Transp
Eminent domain, fair market value.
H Transp
Eminent domain, attorney fees/costs.
H Transp
Eminent domain, compensation.
H Bus
Building codes, revised.
Fire marshal, powers/duties/revised. Will be a Workgroup during S Com HuRes
the interim.
S St Aff
Energy facility siting panel/duties.
S Loc Gov
Local land use planning, zoning.
S1027
S1139
PUBLIC RECORDS/OPEN MEETINGS/PUBLICATIONS
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S1142
LAW
Open public meetings/notice requirements. This legislation
addresses how notice is given to the public by public agencies that
are subject to the Open Meeting Law, as well as how amendments to
meeting agendas are to be made. The legislation also covers the
subject of minutes pertaining to executive sessions and discusses the
manner and method for a governing body of a public agency to go
into executive session. The bill provides that an executive session is
an exception to the states Open Meeting Law and, as an exception, is
to be narrowly construed. Finally, the bill addresses violations to the
Open Meeting Law, modifying penalty provisions found in Idaho
Code § 672347. This legislation provides a provision for governing
bodies of public agencies to cure violations of the Open Meeting Law
by following steps set forth in a new subsection (7) to Idaho Code §
672347. (67-2343, 2344, 2345, 2347) Effective Date: 7-1-09
H165
H233
Public Records Act, personnel records/.
Crime victims/public records exemption.
H Jud
H Jud
TRANSPORTATION/HIGHWAYS
H151
Fuels tax, penalties. Proposes a civil penalty for violation of the
motor fuel tax laws prohibiting the use of dyed diesel fuel on
highways. The proposed penalty is: (a) $250 for the first violation;
(b) $500 for the second violation; (c) $1,000 for the third or any
subsequent violation. (63-2425)
Effective Date: 7-1-09
LAW
H338a
Fuels, deductions, deleted. Eliminates the current ten percent (2.5
cents/gallon) tax exemption for biodiesel and gasohol and distributes
the funds to the state highway account. (63-2407, 2412, 2418; 40701; 41-4910) Effective Date: 6-1-09 Section1; 7-1-09 All other
Sections
TO GOV
H376
Roads, hwy distribution acct distrib. Replaces the moneys going
to the Idaho State Police and the Idaho Department of Parks and
Recreation on an ongoing basis. It changes the distribution
percentages in the Highway Distribution Account from 57% to 62%
for the State Highway Distribution Account and removes the 5%
distribution to the Idaho State Police. It removes the 3% distribution
from the gasoline tax to the Idaho Department of Parks and
Recreation. These transfer become effective July 1, 2010. (40-701;
41-4910; 63-2412; 67-2914)
Effective Date: 7-1-10
TO GOV
HCR32
Task Force, alternative fund study. Establishes a task force to
ADOPTED
15
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undertake and complete a study to identify alternative dedicated
funding sources for the Idaho State Police and for the Idaho
Department of Parks and Recreation on an ongoing basis.
HCR34
ADOPTED
Gubernatorial Task Force. Supports a gubernatorial task force to
consider both traditional and nontraditional sources of revenue for
the maintenance and preservation of highways and bridges including,
but not limited to, possible revisions to the rates, methods and
manner of calculating any and all taxes, fees and registrations relating
to fuels and motor vehicles and motor carriers.
S1097
Public highways/utilities/relocation. Provides that certain public
highway agencies or any private party working with such agency on a
project which may require relocation of utility facilities shall permit
the affected utility to participate in project development meetings.
The legislation recognizes that the owner of utility facilities must
recognize the essential goals and objectives of the public highway
agency in proceeding with and completing a project, but provides the
opportunity, by early involvement in the process, for the parties to
actively seek ways to eliminate costs arising out of the relocation of
utility facilities, or, if elimination of such costs is not feasible, to
minimize relocation costs to the maximum extent reasonably
possible. Also provides that failure by the affected utility to respond
to written notice shall not affect the public highway agency's ability
to proceed with the project. (40-210)
Effective Date: 7-1-09
LAW
S1098a
Off-highway vehicles. Codifies insurance requirements for off
highway vehicles and to allow for the use of a "sticker" only
registration option for ATV/UTV/Motorbikes. A new classification
for "Restricted Use" vehicles has been defined creating a "Specialty"
category for those vehicles outside of current definitions. Further
defines the definition of UTV and ATV vehicles and allows the
purchase of restricted vehicle stickers and plates by nonresidents that
use Idaho's trail systems. These changes become effective upon
approval. On January 1, 2010, users wanted to create a user fee
account like that of the Idaho boating users that will be used by the
County Sheriffs for off highway related law enforcement activities
and by the Department of Lands for off highway opportunities and
repair damage caused on state land by off highway vehicle use.
Language also limits state liability of state or political subdivisions
for restricted vehicle use. (41-2502; 49-102, 120, 122, 123; 49-302;
49-402, 426, 456; 49-948; 67-7101, 7105, 7114, 7122, 7124, 7126)
Effective Date: 04/09/09 Sections 1-15; 01/01/10 Section 16
LAW
S1186
Highway projects/GARVEE bonding auth. Provides $82,000,000 LAW
of bonding authority for the issuance of Grant Anticipation Revenue
Vehicle (GARVEE) bonds to finance highway transportation projects
listed in Section 40-315, Idaho Code. Intent language directs that
16
neither the Transportation Board nor the Transportation Department
increase the size or scope of the projects listed in Section 40-315,
Idaho Code, nor add additional projects. Intent language also directs
any agreement governing program management services be fully
transparent to the public and Legislature and shall endeavor to
negotiate the best rates for services. Intent language also provides
that bonds be issued upon an approved resolution by the
Transportation Board requesting the Idaho Housing and Finance
Association to issue the bonds in necessary amounts. Further, it is
legislative intent that the bonds be issued on an "as needed" basis as
determined by the Transportation Board. Other intent sections
provide that bond revenue be expended in a priority manner with the
first priority being given to construction, followed in order of priority
by right-of-way acquisition, and then other necessary project related
costs. Legislative intent also provides that, to the extent feasible and
practical, the Transportation Department perform project related
work within the Department itself. Legislative intent provides for a
report from the Transportation Board to the Legislature concerning
GARVEE projects, with such report being submitted by September
30. Effective Date: 7-1-09
H93
H94
H95
H96aS
H98
H130
H131a
H133
H134
H135a
H136
H148
H149
H155
H156
H196
H207
H219
H246
H247
H286a
H329
H336
H337
H375
HCR31
HCR33
Motor vehicle rental tax.
Motor fuel taxes, revisions.
Hwy distribution acct, distribution revised.
Fuels, deductions deleted.
Motor vehicles, fees, revised.
Motor vehicles/regist fees/trailers.
Transportation, commemorative medallions.
Motor vehicle rental tax.
Motor vehicle registration fees, delete limit.
Motor fuel tax, hwy distribution acct.
Motor fuel tax, hwy distrib account.
Motor vehicles, registration fees.
Motor vehicles, fees.
Highways & Bridges, fees.
Hwy distribution acct, provisions.
Public highway validation/city council.
Trans Bd/cnty comm/hwy dst/lnd survey.
Highway distribution acct/state police.
Transportation/motor fuel tax.
Motor vehicle, fees.
Hwy project financing, revised.
Fuels, certain deductions, deleted.
Motor vehicles/registration fees.
Motor vehicle registration fees.
Roads.
Interim committee, transport system.
Highways/bridges/revenue sources.
17
H Transp
H Transp
H Transp
H FAILED
H Transp
H Transp
S Transp
H Transp
H Transp
H FAILED
H Transp
H Transp
H Transp
H FAILED
H Transp
H Transp
H Transp
H Transp
H FAILED
H Transp
H Not Concur
H W/M
H Transp
H Transp
H W/M
S St Aff
H W/M
S
S
S
S
S
S1103
S Transp
Design-build highway proj.
GENERAL/ADMINISTRATIVE
H102
Districts/establishment/dissolution of. Establishes a standard seven LAW
year statute of limitations for procedural and jurisdictional challenges
to the creation of governmental districts under Idaho law. This will
eliminate unreasonably delayed legal challenges to the procedures
used by the County Commission after seven years have passed, the
districts are in place and have been relied upon by the citizens and
the county. (31-857) Effective Date: 7-1-09
H152a
Rural econ dev/grant provisions/rvsd. Revises matching grant
provisions relating to planning and development of intermodal
commerce authorities. (49-2904)
Effective Date: 7-1-09
LAW
H198a
Publication of notice/personal property Allows transfer of
government property from one government entity to another
government entity through written agreement without having to
publish notification for two (2) consecutive weeks. The change
would provide for two (2) printed notices one not less than twelve
(12) days prior to each meeting and one not less than five (5) days
prior to each meeting. (67-2323)
Effective Date: 7-1-09
LAW
H230
Personal service contracts/publication. Eliminates the expense for
counties to publish notification of the award of personal service
contracts over the amount of over ten thousand dollars ($10,000)
when counties are already required to publish the same information
in the monthly statement of activities of the counties required
pursuant to Idaho Code 31819. (59-514)
Effective Date: 7-1-09
LAW
H215
S1140a
S1148
S1161
Telecommunications act, revised.
Exemptions from attachment, add'l.
Alcohol sales, provisions revised. Will be coming back.
H St Aff
S 14th Order
H FAILED
H Loc Gov
Electronic recording commission.
18
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S