Please find below a summary of bills introduced during the second regular session of the 65th Idaho Legislature, January 6 – March 20, 2020, that most directly impact Idaho libraries and/or the Idaho Commission for Libraries.
In addition, please note that, effective July 1, 2020, Idaho Code section 33-2741 will mandate an internet safety policy for minors including the operation of a technology protection measure with respect to any publicly accessible wireless internet access to prevent access to visual depictions that are obscene or child pornography that is harmful to minors. This amendment to I.C. § 33-2741 was signed into law in 2019 and takes effect this coming July. If you have questions or concerns about the new requirement in Idaho Code section 33-2741, please contact your ICfL Area Field Consultant or ICfL’s Broadband Consultant.
|H0310||Fernando Castro, Idaho Department of Health and Welfare||Idaho Code section 56-1004A, Criminal History and Background Checks, charges the Department of Health & Welfare with conducting background checks on individuals who provide care or services to vulnerable adults or children. Section (4)(c) of the statute refers to the Federal Bureau of Investigation’s National Crime Information Center (NCIC) as being a source of information for the completion of background checks. The FBI has asked that specific references to the NCIC be removed from this statute because, per federal law, the Department has never had access to the entire NCIC. The current language in this statute suggests that it does. The FBI has provided assurances that removing section 4(c) will not degrade the relevance of the information the Department currently receives for its background checks and has conditioned continuous receipt of this information based on removal of section 4(c).||Reported Signed by Governor on March 9, 2020; Effective July 1, 2020|
|H0314||Steven Show, Executive Director, Idaho Council for the Deaf and Hard of Hearing||The purpose of this legislation is to revise certain archaic terms throughout Idaho Code. This bill would remove the terms “hearing-impaired” and “hearing impairment” from circulation and replace them with neutral, modern, and correct terminology: “deaf or hard of hearing” or “hearing loss”.|
Amends Idaho Code sections 33-1001, 33-2001, 33-3402, 54-2903, 61-1302, 67-7301, 67-7302, 67-7303, 67-7304, 67-7307, and 67-7308.
Additionally, this legislation replaces archaic terms found in title 67, chapter 73, Idaho Code: Idaho State Council for the Deaf and Hard of Hearing Act. Various outdated references are updated, revising the superseded names of state agencies, and removing the name of a defunct one. A licensing requirement for an interpreter to be a member of ICDHH’s board is added to conform to Idaho’s current sign language [ASL] interpreter licensure law.
|Reported Signed by Governor on February 12, 2020; Effective July 1, 2020.|
|H0342a||Rep. Megan Blanksma (R), Hammett||This legislation would amend Idaho Code sections 54-5703, 54-5705, 54-5711, and is intended to encourage and enable innovation in healthcare technology and offer greater access to quality care for Idahoans. It would remove unnecessary and artificial statutory barriers and clarify terms.|
Telecommunication technology provides a valuable opportunity to improve the healthcare of Idaho citizens. Currently, Idaho Code mandates “two-way audio and visual” technology be used for the telehealth encounter to establish a valid provider-patient relationship in addition to meeting the Idaho community standard of care.
[May affect public libraries and demands made on their broadband and staffing resources.]
|Reported Signed by Governor on March 12, 2020; Effective July 1, 2020.|
|H0350||Keith Reynolds, Department of Administration||The Department of Administration is proposing legislation to amend section 59-1352A, Idaho Code, to allow the administrator of the Division of Public Works to contract with public or private entities to manage after-hours parking at the Capitol Mall.||Reported Signed by Governor on March 9, 2020; Effective 3/09/2020.|
|H0354||Rep. Steven Harris (R), Meridian||Certain taxing districts, such as cities and counties, set their annual budget not to exceed an increase of 3% of the prior year’s budget plus factors for growth. If a taxing district chooses to set a budget less than this allowed amount, the difference (or forgone balance) can then be used in a later year.|
This bill would amend section 63-802, Idaho Code, to require a taxing district wishing to claim a forgone amount to reserve explicitly, through a public resolution, such unused portions, in order to allow the recovery of the reserved amount in a subsequent year.
|Reported Signed by Governor on March 3, 2020; Effective July 1, 2020.|
|H0359||Rep. Jason Monks (R), Nampa||This bill would have amended existing law to repeal the property tax and to increase sales tax.||Died in committee.|
|H0370||Mike Hampton, Public Employee Retirement System (PERSI)||This bill would link disability eligibility outlined in sections 59-1352 and 59-1352A, Idaho Code. Currently, 59-1352A does not reference 59-1352, which could allow for an interpretation that these two sections’ eligibility requirements are separate.||Reported Signed by Governor on March 10, 2020; Effective July 1, 2020.|
|H0372||Mike Hampton, Public Employee Retirement System (PERSI)||This bill would amend section 59-1311, Idaho Code, to exempt actuarial management from the provisions of chapter 52, title 67 and section 67-3519, Idaho Code. An internal actuary employed by the system would be a non-classified employee, which is currently not allowed in Idaho Statute. To make the position non-classified, the position would need to be exempted in Idaho Statute, similar to the investment management personnel.||Reported Signed by Governor on March 15, 2020; Effective July 1, 2020.|
|H0380||Tom Shaner, Idaho State Tax Commission||This bill relates to income taxes. It is the annual bill to update references to the Internal Revenue Code (IRC). The bill would conform the Idaho Income Tax Code to changes made to the IRC that affect the 2019 taxable year. The Idaho Income Tax Code uses federal taxable income as a starting point for both businesses and individuals. Idaho’s tax forms use federal adjusted gross income as a starting point. Idaho uses a static conformity to a specific date, currently January 1, 2019. This bill would update Idaho Code section 63-3004 to January 1, 2020.|
Fiscal Note: This fiscal note is based on the tax laws extended by Congress in late December 2019. As a result, the fiscal impact of conforming to the Internal Revenue Code as of January 1, 2020, is estimated to be six million, five hundred fifty-three thousand, one hundred dollars ($6,553,100). See https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2020/legislation/H0380SOP.pdf for an itemization of these figures.
|Reported Signed by Governor on February 17, 2020, retroactive to January 1, 2020.|
|H0410||Rep. Jason A Monks (R), Nampa||Vehicle owners are required to purchase and display license plates on their vehicles. Currently, license plates must be replaced every seven (7) years regardless of condition. This legislation would adjust the length of time that a license plate is valid from seven (7) to ten (10) years and allows vehicle owners a slight reprieve from having to replace license plates at a more frequent interval. This bill would amend Idaho Code sections 49-443 and 49-443B.||Reported Signed by Governor on March 10, 2020; Effective July 1, 2020.|
|H0413||Rep. Joe Palmer (R), Meridian||This legislation would amend Idaho Code section 50-707A to require certain cities to establish districts and provide for the election of councilmen by districts and to make a technical correction. Districts must be established no later than one hundred twenty (120) days prior to the general election.||Reported Signed by Governor on March 25, 2020; Effective July 1, 2020.|
|H0440a||Rep. Heather Scott (R), Blanchard; Sen. Steve Vick (R), Dalton Gardens||The proposed legislation would amend chapter 59, title 57, Idaho Code by the addition of a new section, 67-5909A, to provide that the state shall not discriminate in certain instances, to provide applicability, to provide certain exceptions, to define a term, to provide for remedies, to provide that certain actions shall not be prohibited, and to provide severability; by amending chapter 28, title 67, Idaho Code, by the addition of a new section, 67-2802A, to prohibit discrimination in procurement; by amending section 67-2809, Idaho Code, to prohibit discrimination in procurement; and by amending section 67-9210, Idaho code, to prohibit discrimination in procurement. It specifies that all applicants should be treated equally unless there are qualifications based on sex that are reasonably necessary.||Reported Signed by Governor on March 18, 2020; Effective ?.|
|H0516||Rep. Christy Zito (R), Hammett; Sen. Jim Rice (R), Caldwell||Relating to concealed weapons: Amending section 18-3302, Idaho Code, to revise section 18-3302(4)(f) to change the exception from “a resident of Idaho” to “a citizen of the United States” and to remove surplus verbiage.||Reported Signed by Governor on March 24, 2020; Effective July 1, 2020.|
|H0522||Rep. Julianne Young (R), Blackfoot||This legislation would amend chapter 1, title 33, Idaho Code, by the addition of a new section 33-137, Idaho Code, to establish provisions requiring that vendor contracts for digital and online library resources for K-12 students contain a provision verifying that the resource will not contain material deemed harmful to minors as defined in Idaho Code and providing that contracts may be suspended or terminated for violation of that provision. It also amends chapter 25, title 33, Idaho Code, by the addition of a new section 33-2508, Idaho Code, to require the Idaho Commission for Libraries to submit an annual report to the governor and the legislature outlining issues with vendor compliance.|
Fiscal Note: This will have no fiscal impact because it adds a contractual guarantee to an existing process and the Idaho Commission for Libraries already prepares an annual report within which any issues may be noted.
|Reported Signed by Governor on March 24, 2020; Effective July 1, 2020.|
|H0583||Rep. Greg Chaney (R), Caldwell||This legislation would amend section 6-2104, Idaho Code, to provide a cap for non-economic damages. There is currently no cap for economic damages.||Reported Signed by Governor on March 24, 2020; Effective July 1, 2020.|
|H0614||Rep. Joe Palmer (R), Meridian||This legislation would repeal section 49-1401A, Idaho Code, relating to texting while driving; and amending chapter 14, title 49, Idaho Code, by the addition of a new section 49-1401A, Idaho Code to define terms, to prohibit persons from operating a motor vehicle while using a mobile electronic device, to provide exceptions, to prohibit persons from operating a motor vehicle while watching certain motion upon the screen of a mobile electronic device, to provide penalties, to provide that nothing in this section shall be used to authorize seizure of a mobile electronic device, to provide that a violation may be the primary or sole reason for a traffic stop or citation, to provide that the state preempts the field of regulating the use of mobile electronic devices in motor vehicles while driving, and to provide effective dates. This legislation would also address the problem of having a growing patchwork of local ordinances.||Reported Signed by Governor on March 24, 2020; Effective July 1, 2020 and provides that only warnings and no infractions shall be issued under this section prior to January 1, 2021.|
|S1233||Chad Houck, Chief Deputy Attorney General||This proposed legislation would amend section 67-6607, Idaho Code, to revise provisions within the existing Sunshine Law by expanding those who may file a campaign finance report. This is necessary to ensure that the candidate or political committee always has access to file a timely report should their respective treasurer be unavailable.|
This proposed legislation includes an emergency clause, as candidates and political committees are currently subject to mandatory fines for failure to file a required report in a timely manner under statute that took effect on January 1, 2020.
|Reported Signed by Governor on February 11, 2020; Effective retroactive to January 1, 2020.|
|S1244||David Fulkerson, Division of Financial Management||This legislation would amend section 67-3508, Idaho Code, by changing the criteria for some items to be coded to capital outlay from the current useful life of more than two years to those items that meet the State Controller’s fiscal policy for inventoriable capital assets.||Reported Signed by Governor on February 27, 2020; Effective July 1, 2020.|
|S1262||Georgia Smith, Department of Labor||This legislation would amend three different sections of chapter 13, title 72, Idaho Code to:|
72-1351(2): Would relieve charges to an employer’s unemployment insurance account when an employee leaves employment based on a personal choice and still qualifies for benefits.
72-1333: Would remove a reference to an official “Idaho Department of Labor seal which shall be judicially noticed.”
72-1352A: Would remove expired dates and changes the election submission deadline from the end of the calendar year to the end of the first quarter of the following calendar year.
Fiscal Note: 72-1351(2): Codifying current practice into statute will have no impact on the state General Fund (taxes paid by citizens and businesses) or Idaho’s unemployment insurance tax fund (unemployment insurance taxes paid by businesses). Idaho employers currently save $2.5 million in unemployment insurance taxes when employers are relieved of charges if a benefit-eligible employee leaves based on personal choice.
Fiscal Note: 72-1333: Removing a reference to the official seal will have no fiscal impact because the seal has no costs associated with its existence.
Fiscal Note: 72-1352A: Removing expired dates and moving the wage-reporting deadline back for unemployment insurance taxes will have no impact on the General Fund, unemployment insurances taxes paid, or benefits claimed. Moving the wage-reporting deadline from the end of the current calendar year to the first-quarter end date, next calendar year reflect system automations, giving corporate officers more time to decide if they want to opt out of unemployment insurance tax coverage.
|Reported Signed by Governor on March 16, 2020; Effective July 1, 2020.|
|S1267||Sen. Steve Vick (R), Dalton Gardens||This bill would amend title 67, Idaho Code by the addition of a new chapter 96, title 67, Idaho Code, to provide that those areas of Idaho that are in the Pacific time zone, and all its political subdivisions, will follow daylight saving time throughout the year, at such time as the state of Washington makes daylight saving time the permanent time of the state.||Reported Signed by Governor on March 16, 2020; Effective July 1, 2020 contingent on legislation approved by the state of Washington.|
|S1310||Chad Houck, Chief Deputy Secretary of State||The proposed legislation would amend section 34-1707, Idaho Code, to revise provisions within the existing elections statute (title 34) pertaining to the process for ordering a recall election. This is necessary to provide a non-conflicting officer responsible for the ordering of a recall and to ensure proper execution of statutory timelines.|
This proposed legislation includes an emergency clause, as current statute contains outdated processes that have rendered otherwise correct-to-form recall elections from being properly ordered due to conflict.
|Reported Signed by Governor on March 10, 2020 with immediate effect.|
|S1321a||Alex LaBeau, Idaho Association of Commerce & Industry; Sen. Todd M. Lakey (R), Nampa||The purpose of this legislation is to add language to section 73-209, Idaho Code, to clarify the intent of the Idaho Legislature with respect to the “exclusive remedy” in worker’s compensation, for a workplace accident may go outside of the worker’s compensation process to file a regular tort claim. The Court specifically noted that the Legislature did not define the term “willful or unprovoked physical aggression”. Previously it was understood that only those claims that could demonstrate intention to commit harm to an employee were exempt from the exclusive remedy in the worker’s compensation system. The Court invited the Legislature to clarify the language of the statute. The language noted in this bill will preserve the integrity and balance of the “Grand Bargain” of worker’s compensation in Idaho.||Reported Signed by Governor on March 19, 2020; Effective July 1, 2020.|
|S1344||Sen. Mark Harris (R), Soda Springs; Rep. Megan Blanksma (R), Hammett||This legislation would amend Idaho Code section 67-1917 to require state agencies to include additional budget information in their annual reports to the Division of Financial Management. Currently, all agencies must include a complete list of all federal funds received and any state matching funds required or proposed in order to use federal funds. The bill would require state agencies to include within their budget submission a documented plan to reduce or eliminate the services provided through federal grants in the event federal funding is reduced by 50 percent or more.||Reported Signed by Governor on March 12, 2020; Effective July 1, 2020.|