Legislative Bulletin
2009
P.O. Box 1623, Boise, ID 83701 – (208) 345-9126
www.idcounties.org
February 20, 2009
COUNTY ISSUES
ASSESSORS
Section 42 Low Income Properties: The IACA supports legislation to create a uniform statewide method for valuing
these types of property. Members of the Senate Local Government Committee are working on this and also talking to
the State tax Commission.
CORONERS
H0175 Death certificates, add'l fee. Adds an additional one dollar ($1.00) fee to each certified death certificate issued.
The funds generated from the fee would solely be used for training of new county coroners as well as the continuing
education of coroners. This would also enable the coroners to provide training around the state for parttime deputy
coroners. The bill also amends the statute to reflect the current fee charged for a certified copy of a death certificate
which has been increased over time through the rule making process as allowed per this statute. To Print
H0176 County Coroners, education requirements. Requires new coroners to attend a coroner’s school or training
endorsed by the Idaho State Association of County Coroners within one year of taking office as a county coroner. The
purpose of Section 2 of this bill is to require county coroners to complete twenty four hours of continuing education
classes every 2 years. The classes would be developed, sponsored and monitored by the Idaho State Association of
County Coroners. This will help professionalize the office of county coroner. On a short term basis, the St Louis
University School of Medicine offers a weeklong course which is widely recognized nationwide. The intent is to develop
schooling within Idaho. To Print
SHERIFFS
Reimbursement Rate/State Inmates: The ISA has requested an increase in the daily rate paid by the Idaho Department
of Correction for inmates housed in county jails. The IAC supports the ISA in their effort to gain a fee increase for
housing state prisoners. The Governor is including a $1 increase phased in over 5 yrs. in his budget.
S1098 Off-highway vehicles. Cleans up language from 2008 HB602, codify 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.
Senate Transportation
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PROSECUTORS
Felony Murder Rule: Amend I.C. 18-4003(d) in order to add unlawful discharge into an occupied dwelling or "drive by
shootings" (I.C. 18-3317) to the current list of specified crimes for which one may be charged with first degree
murder when a murder occurs during the perpetration of the specified crime.
Aggravated Reckless Driving: Create a new section, I.C. 49-1401A, in order to enact significant penalties for reckless
driving that causes great bodily harm, permanent disability or permanent disfigurement to another.
S1106 Restitution for blood draws for Driving Under the Influence: Amend Idaho Code to allow courts, upon guilty
plea conviction, to order restitution for the cost of blood draws and blood alcohol concentration analysis conducted
during driving under the influence investigations. (Co-sponsoring with Law Enforcement)
Senate Judiciary and
Rules
H0087 Vulnerable Adults: Amend Idaho Code 18-1505(4)(e) Exploitation of Vulnerable Adults to clarify the
definition of "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.
House
Judiciary and Rules
TRANSPORTATION
H0093 Motor vehicle rental tax. Imposes a six percent (6%) fee on the daily lease or rental rate on all short term
leases and rentals of motor vehicles not exceeding thirty (30) days.
SUPPORT
H0094 Motor fuel taxes, revisions. This bill would increase the state tax on motor fuel by a total of ten cents (2
cents/gallon per year) over a period of five years.
SUPPORT
H0095 Hwy distrib acct, distrib rev'd. Shifts an amount equivalent to the (5%) of the Highway District Account
(HDA) to the General Fund over a period of five (5) years. This shift will be accomplished by reducing the percent
distribution to ISP by one percent (1%) a year starting in FY 2010. Concurrently, the percent distribution going to the
State Highway Account (SHA) will increase by one percent (1%) a year until FY 2014 at which point the percent
distribution to the SHA will be sixty-two percent (62%). The distribution to local jurisdictions will remain at thirty-eight
percent (38%). SUPPORT
H0096 Fuels, deductions deleted. This legislation will eliminate the current ten percent (2.5 cents/gallon) tax
exemption for biodiesel and gasohol.
SUPPORT
H0098 Motor vehicles, fees, revised. Increases the standard motor vehicle registration fees for passenger cars with a
gross vehicle weight (GVW) of 8,000 pounds or less, school buses, farm and noncommercial vehicles with a GVW of
8,001 to 60,000 pounds, and for commercial trucks and wreckers with a GVW of 8,001 to 60,000 pounds. The standard
registration fees for cars and light trucks registered at the county level would increase in the first year by a range from
$6.00 to $24.00 depending on the age of the vehicle and then increase by 10%, 12.5%, 15%, 17.5%, annually over the
next four years. Registration fees for heavy trucks registered at the State level are increased one time by five percent
(5%). This legislation will be effective January 1, 2010, and registration increases will be effective on January 1 of each
year 2011 through 2014.
SUPPORT
H0153 Load Limit Exemption. This legislation increases the load limit exemption for double axle sanitation trucks
similar to existing exemptions for single axle sanitation trucks on public highways.
House Transportation
S1053 Motor vehicles, registration, title. Would enable the department to 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.
Senate 3RD Reading
S1055 Motor vehicles, materials on hwys. This legislation provides some general guidelines that make compliance
easier, eliminates confusion and give law enforcement the ability to correct violations before they become hazards for
motorists.
Senate 3rd Reading
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Legislative Bulletin
2009
P.O. Box 1623, Boise, ID 83701 – (208) 345-9126
www.idcounties.org
February 20, 2009
ELECTIONS
Election Consolidation. There will likely be a new bill introduced that include the process and funding. It also will
remove the concern counties have been expressing about raiding their revenue sharing funds. Rep. Lake has been
working hard on this and is trying to get additional general fund dollars. We will hopefully get a copy early next week
and do a more detailed report. The funding would come from general fund dollar, funds from special districts, funds
from cities and billing schools for the costs of conducting their elections in March and August. The funding will be close
but very workable.
H0068 Election Consolidation: These bills consolidate elections into 4 dates and have the county clerks conduct the
elections. It will also provide uniformity and professionalism in all elections.
SUPPORT
H0069 Election Consolidation: This is the funding proposal. The amount is now $4.5 million with a $40,000 base plus
population. It seems clear that the cost to fund 6 elections dates will be about $9 million plus the county funding of the
primary and general at over $2 million each. The state would provide $2 million from the general fund, $500,000 from
the city revenue sharing account and $2 million from the county revenue sharing account. This severely impacts the
county funds. House State Affairs
HEALTH CARE
Catastrophic Health Care Cost (CAT) Funding: Because of the State of Idaho economic crisis, Senator Cameron created
a committee to look at ways to reduce the costs to the CAT Fund. IAC has been asked to gather information after each
meeting and has provided it the committee. The initial recommendation to the legislature was to have a $5,000 increase
in the deductible. Because of the budget cap how are counties to fund this?
Recommendations to give to your legislators:
1.
Avoid a $5,000 increase. Any increase beyond $1,000 should exempt the indigent levy from the 3% cap.
2.
Information was provided regarding the counties that contract for review services and the number of
applications received, approved and denied.
3.
Any recommendations need to be beneficial for the county indigent funds as well.
There will be another meeting on Wednesday February 26. More information will be sent in the next bulletin
H0144 Hospitalization/mentally ill, costs. Clarifies that counties will be responsible for payment of hospitalization of
the mentally ill at the Medicaid rate.
SUPPORT
S1110 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. Senate H/W
S1108 EMS Licensing: The EMS Bureau is proposing legislation that provides and updates criteria for licensing, such
as data collection on service benefits and affects on existing system, adds penalties for license violations, updates EMS
terminology to match emerging national standards, and creates a waiver for volunteers of non-transport, non-24-7
agencies.
Senate Health and Welfare
SUPPORT
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S1065 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.
House Health and
Welfare
PROPERTY TAXATION
H0083 Personal Property Exemption-Application. 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. 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. This replaces HB29 and HB49.
House Floor
H0030 Property tax, notices. Requires that the percentage change from the prior year's property taxes, and the acreage
of the property are included in the property tax notice. Kerry Ellen is determining what the costs would be to implement
this.
OPPOSE
HELD Senate Local Government and Taxation
H0122 Renewable Energy Enterprise Zone. Gives county commissioners authority to apply to the PUC for designation
of a certain area within there county as a renewable energy enterprise zone. These zones would receive certain tax
incentives, including property tax exemptions.
OPPOSE
House Revenue and Taxation
H0141 Property/Float Homes. Defines “floating home” as stationary, waterborne dwelling. Clarifies whether property
is personal property or real property. Replaces H0063.
House Revenue and Taxation
Renewables/Payment-In-Lieu-Of. Rep. Jaquet is proposing legislation to make all forms of renewable energy eligible for
the payment-in-lieu-of revenue mechanism initially extended to wind power generators. The proposal includes
cogenerating facilities as well as wind, geothermal, bio-mass, solar, and landfill gas.
OTHER ISSUES
H0077 Tuition, prof-tech students, aid. This legislation would provide for use of excess county liquor fund money for
tuition for professional technical students. It provides for a list of enrollees and declares an emergency to allow for use of
funds for the spring semester. REVIEW THE IMPACTS IN YOUR COUNTY.
OPPOSE
House
Education
Building Codes. Consensus bill will provide for updates to the building code without legislative approval; increase the
building code board by one; and provide for a hearing process should local governments choose to adopt more stringent
requirements.
Alcohol Beverage Control: A rewrite of the Alcohol Beverage Control laws has been completed by a task force created
by Governor Otter. The legislation will include the separation of the licensing and enforcement of the ABC laws at the
state level; eliminate the quota system and issuance of new state licenses; provide for the creation of municipal licenses
by the cities and counties; establish a fee system; and require server training. The proposal should be scheduled for a
print hearing sometime in the next week. Check the IAC Website – IAC Legislative Bulletin – “ABC Draft legislation
Executive Summary” for more information.
SUPPORT
H0140 Beer and Wine: The Common Interest is proposing legislation to raise the tax on beer and wine and convert it
from a tax on volume to a tax on wholesale price. The new funding would be utilized to fund the state’s substance abuse
treatment budget. Legislative support for this idea is on the increase, given the economic downturn and pressures on the
state general fund.
House Revenue and Taxation on Monday Feb. 23 at 9:00 a.m.
H0178 Sex offendr reg act, provisions. Provides that the act applies to persons convicted of certain crimes and to clarify
that an offender is not required to comply with the sex offender registration requirements while incarcerated; and to
require electronic monitoring of violent sexual predators.
S1111 Pub 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,
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Legislative Bulletin
2009
P.O. Box 1623, Boise, ID 83701 – (208) 345-9126
www.idcounties.org
February 20, 2009
Social Security, and Workers Compensation benefits. This will require public safety officers to increase their PERSI
contribution rate by .04%
S1024 Firearms, regulations. Provides that political subdivisions of the state may regulate the possession of firearms
at certain public meetings and provides that certain political subdivisions of this state may regulate the possession of
firearms within and on the property of public libraries.
Senate State Affairs
5
HEALTH DISTRICTS
S1112 Basic daycare license. Revises and extend the State's licensing requirements for child care providers. The current
code provides minimum health and safety standards for day care centers with thirteen or more children, but does not
provide licensure for providers with fewer than thirteen. This legislation would extend 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
ration 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.
The Department will contract for the inspection services, receive and compile complaints and provide for a one stop
application process
Senate Health and Welfare
S1089 Child Safety Restraints. This bill removes exemptions for safety seat restraints for children under age 6.
Senate Transportation
S1083 Food establishments/licensing fee. Increases the annual license fee for food establishments in the Food
Establishment Act from $65 to a higher level depending on the type of food facility. The new fees will be based on a
three tiered system to ensure a more equitable means to have industry share in a portion of the cost for Idaho food safety
program. The tiers and fees are as follows: $191 for intermittent, temporary and mobile food establishments; $200 for
medium risk food establishments; and $212 for high risk food establishments. The fees will be phased in over a two-year
period. The first year the fee will move halfway between the current fee and the new fees. The second year the fees will
move to the full fee. The fee increase will require that the food industry pay a larger portion of the cost of the food safety
program.
Senate Health and Welfare
SUPPORT
H0185 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.
To Print
H0055 Nursing Licensing. Statutorily provides for discretion and consideration by the Nursing Board of alternative
documentation and experience when licensing out-of-state nurses in the state of Idaho. House Health and Welfare
H0089 Barber Licensing. This legislation provides a licensing exemption for those practicing barbering in state prison
facilities.
To House Floor
H0039 State-Sponsored Group Health Insurance. Changes the eligibility of for access to and defines the state’s
contribution to any state-sponsored health insurance plan or plans for retirees and their dependents. This will reduce the
state’s annual cost by $5.1 mil. and reduce the GASB funding requirement an additional $35.1mil.
House State
Affairs
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