Health Districts

IDAHO ASSOCIATION OF COUNTIES
013 LEGISLATIVE SESSION
BILL TRACKER
FEBRUARY14, 2014
Bill Number / Description / Status / Sponsor / IAC Position
H0362 / Education, community college acct. Provides that disbursement of liquor funds to the community colleges shall be authorized by the State Board of Education instead of the Liquor Division. / S3rd Rdg / Board of Education
H0365 / Emergency communications. Allows the Adjutant General instead of the Governor to make appointments to various emergency communication boards. / SSt Aff / Col. Richy
H0368 / Legislature/other elected office. Provides that no person shall serve in the Legislature while holding other elective office. / H Gen Ord / Rep. Luker
H0376 / State tax comm. Section 1 eliminates the requirement for the State Tax Commission to meet on the fourth Monday in August to equalize property assessments and to set assessments for operating property if the work of the Commission is finished. Section 2 adds a provision exempting property subject to occupancy tax from assessment and tax under section 63-602Y when there is a change in status and provides a 28 day notice for a taxpayer to appeal an occupancy tax assessment. Section 3 requires the tax collector to provide a notice to a taxpayer that a yield tax is due. / H Rev/Tax / Tax Comm.
H0383 / Property tax, value calculation. The proposal removes the requirement to add back this exempted value when computing levy rates. / S3rd Rdg / Tax Comm. / S
H0389 / Vessels. This bill eliminates some fees as a result of legislation, and clarifies fees to be charged for late title filing for in-between owners who fail to title, and which ITD has to locate to record the appropriate chain of ownership, and collect sales tax.
Amend registration code to integrate 2013 legislation that allows plate holders of a special program that has been cancelled to retain their plate and renew their registration up until the 7-year life of the plate. Eliminate a fee that is no longer being charged due to re-evaluation of a process for allowing the opportunity to retain current plate number when plate is due to be replaced.
Clarify what boats (vessels) must be titled under Title 49, Chapter 5, and Title 67, Chapter 70, and clarify the definition of an all-terrain vehicle, Title 67, Chapter 71 (based on approval of IDPR) / S 3rd Rdg / Amy Smith, ITD
H0390 / DEQ, plats and vacations. Clarifies responsibility in the definition of sanitary restrictions in Section 50-1301, Idaho Code. / S H/W / Barry Burnell, DEQ
H0393 / Health Insurance Exchange.
WITHDRAWN – Replaced with H475 / H H/W / Rep. Luker & Sen. Thayn
H0404 / Motor vehicle drivers, ignition interlock. Defines the term 'repeat offender' and will enhance safety by applying consistency as to timing and length requirements when an ignition interlock device is ordered for repeat driving under the influence (DUI) offenders. Bring Idaho into compliance with federal regulations. / S Transp / Amy Kearns, ITD
H0406 / Environmentl quality, NPDES program. This legislation will start the process for Idaho to seek primacy for the National Pollution Discharge Elimination Program (NPDES). Primacy means that Idaho would be taking over as the administrator and enforcement authority for the permits associated with this program. Currently there are just four states that do not have Primacy. It includes: civil penalty provisions and requires compliance with certain public participation requirements in administrative and civil enforcement proceedings; also authorizes the Department of Environmental Quality to pursue approval of an NPDES program / S Res/Env / Alex Labeau, IACI / S
H0410 / Injection wells, definition rev''d. Clarifies the definition of an "injection well" by replacing the term "drilled" with "used." The change is necessary to clarify IDWR's authority to regulate underground oil and gas production
wells that are converted to injection wells and used for the injection of waste fluids. / H Res/Con / IDWR
H0413 / Stumpage districts. Repeals Chapter 10, Title 38, Idaho Code, related to stumpage districts. / H Res/Con / Rep. Morse
H0418 / Health insurance exchange/repeal. Repeals Chapter 61, Title 41, Idaho Code, the Idaho Health Insurance Exchange. / H W/M / Rep. Barrett
H0424 / Irrigation districts.Clarifies that an election for the office of irrigation district director is not required when the district’s secretary verifies that there is either: (1) only one qualified candidate for the office of director, in which case the qualified candidate is declared elected; or (2) no qualified candidate for the office, in which case the incumbent director’s term continues until a successor is elected and qualified, as provided by law. This legislation also removes the outdated requirement of immediate delivery of a certificate of election. Pursuant to Idaho Code Section 43-202, a certificate of election is presented to an irrigation district director on the date the director’s term of office begins. / H 3rd Rdg / Norm Semanko
H0429 / Student residency. Student residency. Brings into alignment the residency requirements from Sections 33-3717B and 33-2110B, dealing with public institutions of higher education and community colleges for the purpose of determining tuition rates. This also removes the list of tribes whose "traditional and customary boundary" were within the state of Idaho and whose members are considered residents for tuition purposes. The Board would be required to maintain the list of tribes. Should a tribe come forward and request they be added to the list, they would have to prove they met all of the requirements that are currently in the statute. / H Educ / Board of Education
H0430 / Noxious/invasive weed awareness wk.Provides that the week prior to Memorial Day weekend annually shall be Idaho Noxious and Invasive Weed Awareness Week. / S Ag Aff / Rep. Erpelding
H0432 / Court determination of indigency.The purpose of this legislation is to certify a subsidy received for health care coverage through the Idaho health insurance exchange does NOT qualify as a factor for indigency determination in regards to the public defender system. / H Jud / Rep. Perry
H0434 / Punishment for infraction. This amendment would restore that function to the legislature for setting infraction penalties, except where discretionary sentencing is specifically given to the courts. The bill maintains current fixed infraction penalties, but future changes would be up to the legislature. Second, infraction penalties are now by definition limited to $100. The bill increases that limit to $300 to allow for more flexible use of infractions as penalties instead of misdemeanors. Misdemeanors by definition carry the potential for jail time, which requires the provision of a public defender. Changing penalties from misdemeanors to infractions in appropriate cases will reduce costs for and work load upon public defenders. This amendment sets a foundation for future legislative transition of some misdemeanor penalties to infraction penalties. The interim public defense reform committee has endorsed this legislation as one step toward reducing public defender costs and work load in Idaho. The legislation also provides cities and counties flexibility in using infraction penalties rather than misdemeanors in punishing ordinance violations, so as to encourage them to transition from misdemeanor to infraction violations where appropriate. / H Jud / Rep. Luker
H0435 / Local land use planning.Decriminalizes land use violations, making them infractions instead of misdemeanors. It retains civil compliance enforcement actions as a remedy. / H Jud / Rep. Luker
H0436 / Building code act, infraction.Decriminalizes building code violations, making them infractions instead of misdemeanors. / H Jud / Rep. Luker
H0437 / Local Land Use Planning.Section 67-6508(m) makes community design for buildings a voluntary requirement, not mandatory, adds the need to consider drainage issues, and makes beautification voluntary. The second change in 67-6511(1)(a)(1) removes the authority to condition a permit upon exterior building design requirements for commercial or industrial structures. The amendment requires all design standards be clear, ascertainable, and not based upon subjective considerations like beauty. The intent of the amendment is to curtail zoning power to health, safety, and general welfare but restrict expansive and unlimited powers relating to beauty, aesthetics, and undefined subjective standards or design reviews. / H Loc Gov / Rep. Morse
H0440 / Property taxes/electric utilities. Gives valuation guidance to both the tax commission and rate regulated electric utility companies that is intended to lead to determinations of the market value of the operating property of rate regulated electric utility companies that will reduce the potential for recurring litigation. / H PASSED to S Loc Gov / Alan Dornfest, STC
H0441 / Personal property taxation. Revises the definition of "market value for assessment purposes" for school bonds; clarifies that taxable improvements on tax exempt land are not eligible for the business personal property tax exemption; clarifies that taxpayers with personal property value less than $100,000 need only to apply for the exemption once as long as certain conditions are met; revises the definition of "taxable value" for determining property tax levies; and clarifies the process of distributing personal property tax replacement money when taxing districts are consolidated. / H 3rd Rdg / IAC / S
H0442 / Tax Commission/property tax admin. Eliminates the requirement for the State Tax Commission to meet on the fourth Monday in August to equalize property assessments and to set assessments for operating property if the work of the Commission is finished; exempts property subject to occupancy tax from assessment and tax under section 63-602Y when there is a change in status and provides a 28 day notice for a taxpayer to appeal an occupancy tax assessment; and requires the tax collector to provide a notice to a taxpayer that a yield tax is due. / H PASSED to S Loc Gov / Alan Dornfest, STC
H0443 / Elections. Revises the period of time within which a certain declaration is required to be filed; provides that the State Board of Education has certain notice responsibilities and that school districts have certain filing responsibilities; revises provisions relating to certain nominating petitions; revises provisions relating to procedures for certain political subdivision elections to modify voting procedures; provides that a person shall not be permitted to file a declaration of candidacy for more than one office in any city election; and revises provisions relating to canvassing votes and determining results of election. / H St Aff / Tim Hurst, SOS
H0444 / Elections, Initiative/Referendum.
WITHDRAWN / H St Aff / Tim Hurst, SOS
H0449 / Garnishments. Establishes new policy presenting judgment creditors (plaintiffs) a choice to use either a county sheriff or a serving attorney to accomplish a wage garnishment service on judgment debtors
(defendants). The bill sets out procedures for submitting garnishment exemption requests, defines serving attorney, establishes defalcation protections for the judgment creditors and judgment debtors, and sets forth a flat fee for a serving attorney. / H Jud / John Watts
H0450 / Inattentative driving. Allows for the prosecution of persons who cause danger to persons or property when the operator knowingly operates a vehicle with a medical condition that is not being properly treated. / H Jud / Rep. Trujillo
H0451 / County Records. Allows for the photographic or digital storage of records and the subsequent release or destruction of paper records, similar to city law in section 50-909. / H Loc Gov / Phil McGrane / S
H0453 / Judgment. Enhances penalties for persons convicted of felony violations against older persons. / H Jud / Rep. Kauffman
H0454 / Public defense commission.Provides for the establishment of a State Public Defender
Commission. The legislation establishes the Commission, outlines the powers and duties of the Commission, authorizes the establishment of a State Public Defense Commission Fund, establishes the parameters for the establishment of Public Defense in Idaho counties, and revises
I.C. 19-860 in regards to term, compensation, appointment, and qualifications of public defenders. The legislation is the result of the Public Defense Reform Interim Committee following three years of study by a subcommittee of the Idaho Criminal Justice Commission. / H Jud / Rep. Bolz & Sen. Mortimer / S
H0455 / Victim notification fees. Increases the fee for victim notification purposes. / H Jud / ISA / S
H0456 / County jails, board of correction. Increases the daily rate for state sentenced prisoners housed in county jails from $40 a day to $50 a day. / H Jud / ISA / S
H0459 / Sex crimes. Fixes a gap in the law that fails to protect victims who are molested, but are asleep or unconscious at the time the molestation takes place. / H Jud / Rep. Malek
H0461 / Video voyeurism. Revises provisions relating to the crime of video voyeurism. / H Jud / Rep. Malek
H0463 / Bldg code, infraction/misdemeanor. Decriminalizes building code violations, making them infractions instead of
misdemeanors, and providing for a flagrant violator misdemeanor. / H Jud / Rep. Luker
H0466 / Inattentative driving. Allows for the
prosecution of person who cause danger to persons or property when the operator knowingly operates a vehicle with a medical condition that is not being properly treated. / H Jud / Rep. Trujillo
H0472 / Concealed weapons licenses.This legislation will eliminate that special treatment for elected officials. Furthermore, this legislation streamlines language defining when an unloaded or disassembled gun can be concealed in a vehicle. Finally, this legislation clarifies the instances when a concealed weapon permit is necessary for carrying a concealed weapon. / H St Aff / Rep. Youngblood & Rep. Bedke
H0473 / EPA. Declares certain federal regulation authority is not authorized by the United States Constitution, to state the legislative duty to prevent enforcement of certain regulations and provides exceptions. / H St Aff / Rep. Shepherd
H0474 / Local government entities. Compile a
complete and accurate list of all the special purpose governmental entities operating in the state or to ascertain basic information about how those entities are operated, where they receive their funding, and how they expend their resources. Requires submission of annual audit to LSO as well as all of above information. / H Rev/Tax / Rep. Trujillo
H0475 / Health insurance exchange. Requires that the Idaho Health Insurance Exchange marketplace allow for anonymous shopping and not require identifying information until the customer is ready to submit an application for purchase. It also provides that the site contain a warning regarding potential
repayment of premium reductions if income information changes. / H H/W / Rep. Luker & Sen. Thayn
H0480 / Local land use planning. Makes design powers for aesthetics and beautification a voluntary requirement for building. The second change clarifies that the authority for aesthetic design only extends to surface finish, and does not entail authority to require structural design modifications to otherwise conforming structures for commercial and industrial use. / H Loc Gov / Reps. Morse & Anderst
H0481 / Motor fuel, tax rate. Increases the motor fuels by 6 cents over 3 years raising nearly $53 million. / H Transp / Skip Smyser
H0482 / Personal property exemption. Exempts rate-regulated public utilities and railroads from the personal property tax exemptions. / H Rev/Tax / Sen. Siddoway
H0484 / Building codes. Adopts the current version of both the International Residential Building Code and International Energy Conservation Code and identify those codes as the Idaho Residential Building Code and the Idaho Energy Conservation Code. / H Bus / Tyler Mallard
H0486 / Property. Repeals one code section mandating that property with a conservation easement be valued for taxation purposes by ignoring the easement. Repeal of this statute allows all parcels to be appraised and taxed uniformly. / H Rev/Tax / Rep. Morse
H0487 / Labor negotiations/exec. Session.Requires that labor negotiations for public employees be conducted in open session and that contract offers be held in executive session. / H St Aff / Rep. Harris
H0488 / Elections.This legislation allows for electronic registration for elections. / H St Aff / Reps. Erpelding & Malek
H0490 / Urban renewal.Would prohibit urban renewal from constructing public buildings which would normally be done through a bond election. / H Loc Gov / Reps. Youngblood & Anderst
H0491 / Snowmobiles.Amends the definition of a snowmobile from under 1,000 lb. to under 2,000 lb. and to give the counties the option to allow all-terrain vehicles and snowmobiles over 1,000 lb. to operate on groomed snowmobile trails. / H Transp / Rep. Gestrin
H0492 / Vehicle registration and fees.Eliminates pro-rating of recreational sticker fees for boats, and to make other technical and clarifying amendments. / H Transp / Rep. Gestrin
H0494 / Highway funding. Requires 1/6 of any money remaining over and above of the payments required to mee Section 63-3638(1) through (14), Idaho Code, be moved to the highway distribution account. / H Transp / Rep. Palmer
H0496 / Local government entities, audits.Requires audits be posted on the government entities website; requires every account, holding government funds, be audited every two years or the entity shall establish written policies for management controls and internal oversight; requires the entity to identify and provide to the auditor a list of all accounts holding public funds and, if policies for internal controls have not been adopted, then some of the accounts must be audited; beginning in 2015 and every other year thereafter, each audit shall report whether the entity has established a system of written internal controls and if an entity does not comply such entity shall not receive any public funds from the Idaho State Tax Commission, city or county revenues. This also establishes additional reporting requirements that can be reported on the entity website; and if not reported there, then within the audit; aggregate and average salary, FTP, benefit costs and retirement costs, as well as accrued but unpaid benefits, must be reported either on the website or within the audit. Audit reports are to be self contained, which includes any comments on significant deficiencies or material weaknesses. / H St Aff / Rep. Morse
H0497 / Hospitals, charge master.This legislation puts forth patient protections in the form of best billing practices utilized across the nation. It also directs that a website and mobile application be developed by an outside vendor via our state RFP process. The purpose of the website is to give Idaho citizens a chance to shop and compare prices on the 50 most common inpatient and outpatient non-surgical procedures, as well as the 25 most common inpatient and outpatient surgical procedures from all hospitals and surgical centers in Idaho. / H H/W / Rep. Hixon