REVIEW OF 2005 LEGISLATION HOUSE BILLS: H12 Unclaimed property publication, web. Changes the way the State Tax Commission notifies the public that unclaimed property held by the state is available to be claimed by rightful owners. Instead of advertising names in a newspaper publication once a year, the Tax Commission will list the information on its Web site. The Web site will be updated at least quarterly/ (STC) H24 Fire protection dist, fiscal year. Provides that the fiscal year of a Fire Protection District shall commence either on the first day of October of each calendar year or on the first day of January of each calendar year, as established by resolution of the Fire Protection District Board of Commissioners. (Bolz/Deal/Lodge) H30 Energy Resources Authority Act. Creates the Idaho Energy Resources Authority (ERA), an instrumentality independent from the state with authority to finance the construction of electric generation, transmission, conservation and renewable energy projects. The ERA's purpose is to provide investor-owned, municipal and cooperative electric utilities and renewable energy developers in Idaho a least cost financing vehicle for building Idaho's electric infrastructure. H31 Property tax relief, definitions. Revises the definitions for "claimant" and "owner." under the circuit breaker law. (Robert Aldridge) H32 Playground equip, exempt sales tax. Provides that public playground equipment and associated shock absorbing material are exempt from sales and use tax. (Charles Campbell) H36 Fertilizer, no local regulation. Prohibits local regulation and legislation relating to fertilizers and clarifies that specified restrictions shall not preempt certain county or city local zoning ordinances. (Rep. Jones) H37 Soil/plant amendment, no local regs. Prohibits local regulation and legislation relating to soil and plant amendments and clarifies that specified restrictions shall not preempt certain county or city local zoning ordinances. (Rep. Jones) H38 Seeds, no local regulation. Provides for statewide jurisdiction and preemption of the pure seed law and clarifies that specified restrictions shall not preempt certain county or city local zoning ordinances. (Rep. Jones) H39 Search & Rescue/Homeland Security. Transfers the responsibility for the direction and supervision of search and rescue from the Idaho Transportation Department (ITD) to the Bureau of Homeland Security. The Division of Aeronautics within ITD will continue to coordinate aerial search operations. Section 21-114 will also be amended to allow the fees for registration of pilots and aircraft to be used for pilot safety programs as well as search and rescue operations. This will allow the Division of Aeronautics to expand and emphasize accident avoidance training programs for pilots, which should result in fewer search and rescue operations. (ITD) H40 Airports, aviation hazards, defined. Revises the definition of "airport" and "airport hazard" and related language to clarify and bring these definitions into conformity with Federal definitions and regulations. The proposed amendments would also create uniformity in aviation airspace obstruction management by bringing Idaho Code into compliance with Federal Aviation Administration obstruction evaluation standards as required in Section 21-111 (b) of the Idaho Code. (ITD) H48 Municipal records, retention. Provides for classification and retention of municipal records and for designation, powers and responsibilities of municipal records management officers; also provides duties of city officials concerning municipal records and for the retention of municipal records using photographic or digital media. (Darrington/Smylie/AIC) H49a Gov't entity, tort claims, employee. Clarifies that the term employee includes board members and other executives who are entitled to the same legal defense as other employees of state agencies. It further provides that a simple allegation by a plaintiff in a lawsuit that an employee was acting outside the course and scope of their employment does not require that employee to hire a private attorney. Finally, it makes clear that people and attorneys who pursue frivolous allegations against people serving on boards and commissions of the State of Idaho are subject to sanctions by the court. (Rep. Deal) H52 Work zones, speed limits exceeded. Changes terminology from "construction danger zone" to "work zone"; to provide an enhanced penalty for certain infraction offenses; and to provide an enhanced fixed penalty for violation of work zone speed limits. (ITD) H53 MV accident, vehicle moved off road. Requires motorists to move their vehicles from the roadway when involved in minor accidents and would free them from any liability for doing so. It also allows law enforcement officers and transportation department employees to require and assist in the removal of inoperable vehicles, cargo and debris resulting from minor accidents when the removal results in improved safety and convenience for travelers on the highway, and frees them from any liability for doing so. This bill only applies to divided, controlled access highways or interstate highways of the state highway system. (ITD) H56 Snowmobile Search & Rescue Fund. Establishes a search and rescue sub-account administered by the Idaho State Police to provide a perpetual fund to defray costs of search and rescue operations which are conducted by a county sheriff's office to assist or recover lost individuals riding snowmobiles. The current twenty dollar ($20.00) fee to number a snowmobile will be increased to twenty-one ($21.00) to fund the account. Once the fund account reaches thirty thousand dollars ($30,000) the excess of the funds collected will be set aside in equal parts for the training sub-account of the search and rescue fund and for the Department of Parks and Recreation for the purpose of snowmobile trail groomer replacement. (Rep. Skippen) H61 Public record request/response time. Provides that a public agency, commission or board with no full time clerical or administrative staff shall have twenty (20) days to grant or deny a person's request for examination of public records and shall provide the records within thirty (30) days of the request. (Bob Corbell) H63 Workers comp, employment defined. Eliminates the "Not for Pecuniary Gain" exemption from the Workers' Compensation law. The Idaho Supreme Court recently broadened the application of this exemption to all non-profit businesses that do not engage in commercial transactions. This could cause many more Idaho workers to be without coverage. Elimination will ensure that these Idaho workers and their families continue to be protected by the Workers' Compensation Law. (Industrial Commission) H65 Sales tax, reduced, services. Repeals existing law to impose a sales tax on certain services and on the sale of lottery tickets. Reduces the sales and use tax rate to four percent and repeals certain sales tax exemptions. (Rep. Trail) H70 Parks & Rec, advisory committees, members. Corrects various inconsistencies existing in statutory guidelines established for the Grant Advisory Committees assisting the Idaho Park and Recreation Board with these problems. Areas affected by discrepancies include committee member compensation, varying term lengths for appointed committee members, and inconsistency in appointment authority. This amendment enables the department to correct these problems. (P&R Dept.) H71 Navigable water/encroachment/permit. Requires owners of existing and unchanged navigational and non-navigational encroachments constructed prior to 1974 to provide the Idaho Department of Lands substantive documentation of their age (e.g., dated aerial photos or tax records) so that those encroachments could be permitted. The Lake Protection Act currently does not provide a permitting process for owners of encroachments built prior to that date, who missed the deadline set forth in Idaho Code 58-1312. (Lands Dept.) H78 Property, conservator powers. Clarifies how the title to property is held by the conservator and how it may be exercised on behalf of the protected person. (Aldridge) H79 Guardian ad litem, duties. Spells out the duties of the guardian ad litem in a conservatorship proceeding. (Aldridge) H86 Millennium Fund transfer, vote required. Requires a two-thirds majority vote of the Senate and House of Representatives to appropriate or transfer moneys from the Idaho Millennium Fund. (Rep. Clark) HELD H87 Construction, historic preservation. Creates an Idaho State Historic Review Act of 2005 by amending Chapter 41, Title 67, Idaho Code with the addition of a new Section 67-4101 Idaho Code that clarifies legislative intent; by amending Chapter 41, Title 67, Idaho Code, with the addition of a new Section 67-4102, Idaho Code, that recognizes a state agency's duty to cooperate; and by amending Chapter 41, Title 67, Idaho Code, with the addition of a new Section 67-4103, Idaho Code, that authorizes a review of projects on state land by the State Historic Preservation Office of the Idaho State Historical Society to, if possible, alleviate any negative impact on the historic significance of a building or site. (State Historical Society) H93 Offenders, mental health records. Requires governmental entities which possess mental health records of an offender to provide those records to subsequent entities which will provide the same type of treatment to the offender. At the end of the offender's sentence, the records would be provided to a subsequent care provider who may treat the offender following discharge. (Corrections) H94 Prisoner/correction employee/no sex contact. Prohibits sexual contact between prisoners and employees of the Idaho Department of Correction. (Corrections) H97 Sex offender registration, procedures. Updates portions of the Sexual Offender Registration Notification and Community Right-to-Know Act. Offenders convicted of an equivalent crime who move to Idaho from another state however, must register here regardless of their conviction date. (ISP) H99* Taxing dist, budget increase/election. Allows any non-school taxing district to call an election for the purpose of asking the voters to approve, by a sixty-six and two-thirds percent (66 %) or more, a budget increase from property tax revenues beyond the amount authorized by statute. In addition, when a non-school district consolidates with another non-school district or dissolves and a new district performing similar governmental functions as the dissolved forms with the same boundaries within three (3) years, the maximum of the budget of the district from property tax revenues shall not be greater than the sum of the amounts that would have been authorized for the district itself or for the districts that were consolidated or dissolved and incorporated into a new district. Also, this legislation deletes language regarding an election by voters in a fire protection district to have the district reach a certain levy amount. The legislation declares an emergency and includes a retroactive date. (Moyle) ACTIVE SUPPORT H100a Fire dist, purchase ambulance, when. Allows fire protection districts to purchase ambulances and related equipment and to pay salaries and benefits if an ambulance service is not provided within the district. This legislation would also allow fire protection districts to enter into a joint exercise of powers agreement with a county to share equipment and services. (Rep. Roberts) H101 MV licnse plate prog/new prohibited. Prevents further expansion of the special license plate program beyond its present status as described in Idaho Code, Chapter 4, Title 29. (Rep. Wood) H102 ATVs, cross state highways, when. Authorizes the Idaho Transportation Board to designate sections of state highways over which all-terrain vehicles and motorcycles which are not registered under motor vehicle law may cross. (Rep. Wood) H103* Community college/out-of-district tuition. Recognizes that community college students today do not always complete their education within six semesters, because they often have to work for a living while working towards a college degree. This legislation leaves the county exposure at a $3000.00 (three thousand dollars) lifetime cap, or up to $500 per semester, but would allow a longer period of time for students to complete their community college courses, thus deleting the six semester cap. This legislation would also extend the time when the community colleges submit the enrollment information to the county commissioners, by an additional fifteen days, thus still remaining within the current county fiscal year. (IAC) ACTIVE SUPPORT H104 Taxing dist, boundaries, wind power. Allows the boundaries of highway districts, cemetery districts, fire protection districts and flood control districts to be adjusted, by the board of county commissioners, if a property used to produce electricity utilizing wind contains more than five electrical generating towers and is located within five miles of the boundary of the respective districts. It would be based on considerations of merit for equitable and economical operations between competing tax districts formed for the same purpose. (Rep. Stevenson) REPLACED H105 Waste, manifested, disposal, fees. Removes the requirement that manifested wastes be handled only in hazardous waste management facilities but requires a review of the manifest by the Department of Environmental Quality before the waste or class of waste is allowed into a RCRA Subtitle D (i.e., licensed solid waste disposal) facility. A $2.00 fee is imposed upon the commercial facility to cover the department's additional costs in reviewing applications to receive "manifested" wastes and provide a grant program for counties and other units of local government to bring existing landfills into compliance. (Rep. Clark/Sen. Jorgenson) H106 Energy Resources Authority Act. Creates an Idaho Energy Resources Authority as an independent body; and to authorize the Authority to issue revenue bonds for construction of transmission facilities. H107 Presidential electors, selection. Provides for selection of presidential and vice- presidential electors and to issue certificates of selection. It designates that at-large electors shall cast his or her ballot for the candidates who received the highest number of votes in the state and that each congressional district presidential elector shall cast his or her ballot for the candidates who received the highest number of votes in his or her congressional district. (Rep. Jaquet) H108 Cigarettes, supplemental tax. Increases the cigarette tax by $.50 per pack for those manufacturers who sell product in Idaho and are not a member of the Tobacco Master Settlement Agreement (MSA). (Rep. Clark) H109 Property tax exemption/over 65. Allows a home occupied by a 65 year old resident to receive a deferment of annual tax increases above 2% until the 65 year old resident moves out, dies or rents the residence. At that time the deferred taxes become due and they are payable within six months of vacating the premises. The deferred taxes shall be a lien upon the premises. (Rep. L. Smith) H110 Electric generation, alternative, tax. Provides a sales and use tax exemption for the sales or use of machinery and equipment used in alternative methods of generation of electricity. (Sen. Hill/Rep. Eskridge) H H121 HVAC installation, modular bldgs. Exempts a modular building, manufactured in Idaho and exported from the state, from heating, ventilation and air conditioning codes and requirements. The legislation authorizes the division of building safety to conduct heating, ventilation and air conditioning inspections upon request from other jurisdictions. (Jack Lyman) H123 Carisoprodol, controlled substance. Adds carisoprodol to Schedule IV of the Idaho controlled substance schedules. (Board of Pharmacy) H124 Property tax exemption, over age 70. Provides the owner-occupied homestead used as the primary dwelling place of an individual who is at least seventy (70) years of age and who is the record owner holding title or who has retained or been granted a life estate, may apply for an exemption from the property tax on that property each year. If the owner dies, after the exemption has been approved, it shall be in force for the rest of the year. (Rep. McKague) H126 Forest lands/tax/productivity option. Creates new method of valuing forest land. The new method, as outlined in the 2005 Users Guide, developed by the statutorily designated Committee on Forestland Taxation Methodologies (CFTM), uses the soil expectation/net present value approach to value forest lands in category 6. Passage of the legislation will require the adoption of rules necessary for implementation of the new methodology. (IAC/IFIA/STC) H127 Sheriff, new, written transfers. Repeals obsolete law dealing with written transfers acknowledged by new sheriffs. (ISA) SUPPORT H128* Death investigation, county coroner. Rewrites existing law and adds a provision relating to when a coroner must investigate a suspicious death. (IAC/Coroners) ACTIVE SUPPORT H129 Prosecuting attys, police retirement. Includes Prosecutors and Deputy Prosecutors in the definition of law enforcement (under PERSI) and will place the Prosecutors and their Deputies in the same classification for retirement as all other law enforcement officials. (Rep. Clark/IPAA) H130 MV collision rpt, disclosure. Allows those involved in a motor vehicle accident one copy of the unredacted collision report, alleviating the necessity to access the report with a court order. (Rep. Clark) H132 Wolves, management. Allows all methods of take shall be authorized for the management of wolves in accordance with existing laws or approved management plans regardless of the classification assigned to wolves. (Rep. Moyle) H133 Wolves, control, helicopters. Clarifies that specified law shall not limit or prohibit the lawful control of wolves through the use of helicopters if deemed necessary by federal or state agencies in accordance with existing laws or management plans. (Rep. Moyle) H139 Electrical contractor law, exemptions. Exempts governmental agencies, regulated utilities, telephone companies, property owners, and operating plant maintenance electricians from the National Electrical Code (NEC) as implemented by the Idaho Electrical Board. Communications installation and maintenance are included in the NEC and will be regulated by rules as developed by the Idaho Electrical Board and approved by the legislature. Rules will be presented for approval to the Idaho Legislature in the 2006 session. (Bon Corbell) H144 Hwy construction, work zones. Removes the term "CONSTRUCTION DANGER ZONE" and replace it with "work zone". (Rep. Roberts) H145 Watershed advisory groups, duties. Requires the Director of the Department of Environmental Quality (DEQ) to consult with Watershed Advisory Groups (WAGs) to provide them with a full opportunity to participate in the development, implementation and periodic reviews of Total Maximum Daily Loads (TMDLs) and any supporting subbasin assessment for their watersheds. This legislation also clarifies that WAG membership shall include, where appropriate, representatives of the same categories of interest groups from which Basin Advisory Group members are to be appointed. (Rep. Denney) H146 MV, commercial, pilot project route. Corrects a segment of an original route on the pilot project map. It was designated 5 miles south and should have been 2 miles north in Bonneville County. (Rep. Wood) H148 Health Data Act. Establishes a Bureau, parallel to the Bureau of Vital Statistics, in the Department of Health. The Health Data Bureau will, with the advice of the committee of those submitting data, develop a plan to acquire, analyze and report the needed data. It also authorizes changes required in the existing law to protect the individual's identity and health care history. (Rep. Rusche) H149 Liquor license, racing facilities. Allows motor racing facilities the same opportunity to apply for a liquor license as is extended to race tracks and golf courses under section 23-953. (Reps. Nonini/Henderson/Sen. Compton) H152 Snake River Rights Agreement. H153 Water rental, flow augmentation. H154 Snake river, minimum stream flow. H157 Jails, commissary fund, use. Provides Idaho county sheriffs the opportunity for reimbursement of medical, dental, prescription drug and other costs of medical services incurred while housing non-indigent inmates in county jails. No essential medical care is denied to any indigent inmate. This legislation provides county sheriffs specific authority for collection of medical costs from current and former county jail inmates who have financial resources including their medical/hospitalization insurance that may be in force. (Rep. Henderson/ISA) SUPPORT H158 Alcohol beverage control fund, use. Creates an alcohol beverage control fund to support ABC activities and provides for distributions of funds collected from on premise consumption of beer and certificate of approval license fees into the alcohol beverage control fund. (Rep. Clark/Jaquet/Sen. Keough) H164 Auditorium dist, requirements. Remove all provisions authorizing assessment of property taxes by any districts and to make it clear that the sole sources of tax support for auditorium districts shall be hotel/motel room taxes. It also expands the board of directors of auditorium districts from five (5) to seven (7). Finally, it clarifies those provisions of the act relating to application of the Campaign Reporting Law to expressly provide that such reporting laws apply to any election conducted by auditorium districts of directors and elections on any measures, including propositions of any kind submitted to vote of the district. This language will clarify that Campaign Report Law requirements shall apply to elections to approve issuance of bonds or other long-term financing propositions. This bill also contains some minor housekeeping changes to clarify the language of the act. (Skip Smyser) H166 Property tax/circuit breaker/income. Increases the income threshold for the determination of circuit breaker eligibility to $25,000 per person for the year 2005. (Reps. Jacquet/Moyle) H169 Hwy dist acct, distribution. Provides that cities shall receive no less money than they received in the previous fiscal year from the Highway Distribution Account if revenues in the Highway Distribution Account meet or exceed the previous fiscal year's revenues and provides for surplus distribution. (Rep. Martinez) H171-173 H176 Pollutant discharge elimination system. Provides a process for approval of a state National Pollutant Discharge Elimination System (NPDES). (IACI/AIC/IFIA) H177 Driver duty/approach police vehicle. Adds to rules of the road for clarification of law pertaining to emergency and police vehicles and the driving public's responsibility when approaching such vehicles displaying flashing lights. (Reps. Wills/Wood) H178 MV passenger, child, safety restraint. Provides that the age of a child to be in a car safety seat is an age of six years, rather than the current four years and/or 40 pounds. The weight restriction has been removed. (Rep. Wills) H179 Transportation projects, financing. Allows the ITD Board, with concurrence of the House and Senate Transportation committees, the authority to use federal-aid highway funds to pay the principal, interest, and other costs associated with borrowing by the State to finance specific eligible highway projects. The board may select and designate a transportation project to be funded with bond proceeds and present the proposal to the joint transportation committees. After approval by a majority of both committees, the requirement for "substantial statewide interest" is deemed to have been satisfied and the board may proceed with bonding through the Idaho Housing Finance Association. A 1995 federal law (Title 23, US Code, Section 122) allows states to use their apportioned federal-aid funds as a debt-financing instrument known as "GARVEE" (Grant Anticipation Revenue Vehicle) Bonds. The term of most bonds will likely be eighteen years and eighteen years is the limit without extension authorized by consent of the two Legislative Transportation committees. Bonding shall be designed so that debt service shall not exceed 20 percent of the annual allocation of Federal funds to Idaho. (Rep. Smith) REPLACED H180 MV, traction devices required, when. Requires tire chains on sections of highway that have been posted by the transportation department as requiring those devices due to hazardous driving conditions. (ITD) H185 Electric vehicles, neighborhood. Allows Neighborhood Electric Vehicles to be licensed and titled for operation on certain public roads. (Rep Nonini/IADA) H186 MV/commercial/pilot project routes. Adds a small number of additional routes in south-central Idaho to the Idaho pilot project program designed to test the use of 129,000 pound trucks on a limited number of state highways. (Rep. Bedke) H187 MV license plates, Basque. Establishes a Basque special license plate program. (Rep. Bilbao) H188 Child abuse, investigatn requirement. Adds to state law the federal protections required under the "Keeping Children and Families Safe Act of 2003." (Rep. McGeachin/Sen. Pearce) H189 Medical assist/services not covered. Specifies services and treatments not covered under Idaho's state medical assistance program (lung, pancreas or other organ transplants). (Rep. McGeachin) H190 Medicaid, reimbursement rates. Directs the Department of Health & Welfare to implement a methodology for reviewing and discussing reimbursement rates for private businesses providing services. (Reps. McGeachin/Garrett/Sens. Compton/Keough) H198 Insurance plan, county administration. Eliminates the exemption from the requirement for registration of any self-funded health care plans administered by or for any county of this State and thereby provide better protections for consumers and health care providers. The legislation would also eliminate the need to pursue litigation to clarify the intent of current law with regard to such plans and would provide a level playing field by subjecting self-funded plans of counties to the same regulations and consumer protections as self-funded plans of other employers. (Reps. Black/Deal/Sen. Andreason) H201 Persons with disability/discrimination. Strengthens the Human Rights Act by adding disability to the current prohibitions of discrimination in connection with public accommodations (private businesses). Allow better access to persons with disabilities while recognizing the legitimate needs of Idaho's private businesses. Defines "readily achievable" as something that a private business can do without much difficulty or expense. The proposed changes add to state law those obligations already applicable to private businesses under federal law. Government entities are not affected by the changes regarding places of public accommodation. (Kelly Buckland) H204 Defendant/court release/jurisdiction. Provides that a court that has retained jurisdiction may place a defendant on probation after the 180-day period has expired only where extraordinary circumstances exist that prevent the court from obtaining needed information or securing the defendant's presence for a hearing. Even then, the 180-day period could be extended only for 30 days. This would resolve the existing uncertainty in the law and provide some leeway for sentencing courts in the small number of cases where such extraordinary circumstances are present. (Tobias) H205 Juveniles, certain violation/jurisdiction. Gives courts discretion to treat any juvenile under the age of 18 who violates such laws under the provisions of the JCA. Enables magistrate judges to use their informed judgment in deciding whether the juvenile or criminal justice system would provide the best options in each case. (Tobias) H207 ISTARS technology fund, use. Increases the amount of the ISTARS Technology Fund fee by $5.00 for civil filing fees and criminal convictions. This additional revenue would be used to develop and implement technologies such as video teleconferencing, imaging, electronic filing and digital recording systems in trial courts statewide. (Tobias) H208 MV accident, damage amt, report. Increases the amount of property damage required to initiate a report to the local police department to $2,000. (Rep. Wills) H210 Prisoners, release on parole, when. Presumes parole will be given on the parole eligible date for non-violent offenders and implement parole for 6 months of transition back into the community at the end of a prisoner's sentence. (Rep. Sali) H212 Meeting/executive session/confidential. Provides that discussions which take place in an authorized executive session of a public body remain confidential; to provide that any civil penalties awarded pursuant to a violation of this Act be deposited into the general fund of the public body concerned. It also allows for the removal of any public officer who knowingly violates any provision of this Act. (School Boards Assn.) H213 Idaho health facilities authority. Levels the playing field by allowing the county-owned and hospital district hospitals to avail themselves of Interest Rate Exchange Agreements. (IHFA) H215 Property tax, agricultural land. Clarifies the taxation of agricultural property when that land is leased for the grazing of livestock. The new language defines a bona fide lessee as a for- profit business that grazes livestock that will be sold or used in their business. Additional language puts into statute that any sale or lease of hunting or fishing rights on the property does not change the tax status of the land if it meets the definitions of 63-604, land actively devoted to agriculture. (Reps. Wood/Barrett/Sen. Burtenshaw) H216 Corporate Headquarters Incentive Act. This bill is "The Idaho Corporate Headquarters Incentive Act of 2005." It provides qualifying businesses with: Income tax credits: A six percent investment tax credit with no credit limitation; An additional new jobs tax credit with a graduated scale starting at $1,000 per job and climbing to $3,000 per job. A ten percent real property improvement tax credit for investment in headquarters and administrative buildings of up to $500,000 in any one year. A temporary property tax abatement for new headquarters and administrative buildings of up to $2 million in any year. The state, not local governments, pays the abatement. A temporary sales tax abatement for materials used in new headquarters and administrative buildings. (Governor) H222 Taxpayer info/certain/not disclosed. Records of county assessor containing income and expenses information provided by a taxpayer to the county assessor to determine value of taxpayer property would be exempt from the Public Records Act. H223 Election, county sheriff. This bill proposes that when a deputy sheriff chooses to run against a sheriff who is running for re-election, the deputy must take a leave of absence from his county position until the election is over. This bill is limited to county sheriff's deputies, and will have no application to any other position in the state. (ISA) H224 Telecommunications/not regulated/when. H230 Air pollution, permit requirements. Clarifies that certain air quality rules and permit requirements can be no more stringent than those provided by the federal government. H241 Property tax, homeowners exemption. Provides that 20% of land value to be exempt from property taxes to a combined improvement and land value of $70,000 or 50% whichever is less. (Rep. Jaquet/Sen. Stennett) H242 Property tax, homeowners exemption. Increases the homeowner’s exemption from $50,000 limit to $75,000. (Reps. Eskridge/Deal/Anderson/Sen. Keough) H243 Property tax, homeowners exemption. Retains the Homeowner's Exemption for all owner-occupied residences at the present $50,000 level but expands its applicability to the land. Second it authorizes an increase in the Homeowner's Exemption to $75,000 for all persons 65 years of age whose income is less than $33,090 per year. Third, this legislation makes a $75,000 Homeowner's Exemption available to special categories of people of any age, who have an annual income of no more than $33,090, including: Widow(er), Blind, former Prisoner of War/Hostage, Veteran with a 30 percent or more of service connected disability or a Disabled Person recognized by the Social Security Administration, Railroad Retirement Board or Federal Civil Service. (Rep. Henderson) H244 Taxing dist fee increase, hearings. Allows taxing districts to raise fees, such as library copying charges, without compliance with notice requirements when the fee increase is less than one dollar, is no more than 100% increase and is only a one time event per calendar year. (Reps. Jaquet/Raybould) H246 Primary health care access program. Separates grants into two (2) categories, system grants and service grants, and allows funding for both types. System grants will be defined as funds awarded for the purpose of recruiting primary care providers, telehealth projects, community development, and other activities determined to improve primary care in under- served areas or populations. Service grants will be defined as grants awarded to increase access to primary care services or to create or augment existing services to uninsured or medically indigent patients. The amendments will allow uninsured and medically indigent patients to receive ongoing community based care, delaying or avoiding use of emergency room care, hospitalization or increased Medicaid services. (Foxcroft) H248 Procurement, political subdivisions. Among the central components of this bill are: (1) improvements to the public works contractor licensing process through better reporting of information; (2) increased responsibility for license holders; (3) clarification of jurisdiction for the public works contractor licensing board; and (4) increased consequences for ethical or performance failures by public works contractors. The purchasing process would be made more cost-effective for local governments and the state. It would better define procedures for procuring goods and services including a pre-qualification process for contractors, documentation of semi-formal purchasing and providing recourse for disappointed bidders. Violators on the purchasing side would be exposed to greater penalties at the same time that procedures would require better record keeping to enable scrutiny of the competitive bidding process. Purchasing of personal property and commercial services would be governed by similar procedures. The end result would be a unified purchasing law that will simplify compliance issues for contractors or vendors while standardizing procurement procedures for political subdivisions. The changes better enable education of owners and contractors that should result in increased contracting opportunities for the private sector. The length of the proposal is the result of numerous changes to section-to-section references. (Task Force-Legislators/Local Government/Contractors) REPLACED H249 Persons with disability/discrimination. Adds disability to the current prohibitions of discrimination in connection with public accommodations (private businesses). Provide a user friendly, one-stop destination for businesses and people with disabilities to easily access mediation and/or enforcement on a local level, through the Human Rights Commission. Defines "readily achievable" as something that a private business can do without much difficulty or expense. Government entities are not affected by the changes regarding places of public accommodation. (Buckland) H250 Day care, requirements. Revises and extends the State's licensing requirements for daycare providers. It would eliminate the group home certification as an option, and require licensure of all daycare facilities, current exemptions excepted, that provide daycare services on a regular basis for compensation for two or more unrelated children. It removes the cap on the license fee and provides that costs of fire and health inspections would be paid by the providers. It would add first aid and pediatric rescue breathing training as requirements for childcare providers. H251 Public infrastructure improvements. Provides for the formation of a public infrastructure improvements district by a petition filed by 100% of the owners of all the land in which the proposed district would be located. A district would be formed for the purpose of building new public infrastructure improvements to serve new growth and development, and to provide for the payment of those costs by the new growth and development. The formation petition would be filed with the county commissioners or the city council of the county or city in which the proposed district would be located. A district would be governed by a district board comprised of the members of the board of county commissioners or the city council of the county or city in which the district would be located. After formation, a district would be able to issue general obligation and revenue bonds, following notice, hearing and election. General obligation bonds would require a 2/3rd super majority vote of the qualified electors of the district. Revenue bonds would require either a 2/3rd majority or a simple majority, as controlled by Article VIII section 3 of the Idaho Constitution. This legislation will promote and accommodate orderly growth and development in both rural and non-rural areas. This legislation provides a mechanism for paying for infrastructure for the property within the district. Only the property within the district that is specially benefited by those improvements will pay the cost of those improvements. REPLACED H252 Property tax/income/veteran benefit. Exempts income from the Dependency and Indemnity Compensation and widow's pension benefits for widows of veterans applying for the Circuit Breaker Program. H253 Property tax, unused infrastructure. This would give county commissioners the sole authority to issue the property tax exemption for up to five years with a possible renewal if warranted. The exemption would cause a tax shift, but removal would result in a permanent loss of the same magnitude. Public notice and a public hearing are prerequisites to the county commissioners' action. The impact of the exemption would be almost entirely up to the county and other taxing districts within the county. It is designed to provide an incentive for the owners of defunct industrial sites to preserve imbedded infrastructure for possible use by a successor business. H254a Property tax exemption/rural subdivision. Repeals the previous rural subdivision exemption and replaces it. It provides a ten year, phased out exemption on parcels within rural subdivisions outside city limits. Qualifying parcels are appraised at full market value, but receive a 95% exemption for assessment purposes for the first 5 years after approval and recorded. In years 6 through 9, the exemption decreases to 80%, 60%, 40%, and 20%. In the tenth year the parcel is appraised at full market value for assessment purposes. Those landowners enjoying the exemption provided for in the repealed section are eligible to apply for this new exemption. The exemption is lost upon sale, annexation, or improvement to the parcel. The exemption applies to all counties. Section 3 provides for tracking of the exemption by the county and state tax commission. Section 4 clarifies, for appraisal purposes, that subdivision platting alone does not extinguish the agricultural exemption, provided the requirements for the exemption continue to be met. The purpose of such clarification language is to provide consistency among counties. (NEEDS CHANGING) H255 Newspaper/general circulation/defined. Revises the definition of "newspaper of general circulation.” (Trail) H256 Official notices, newspapers. Updates all of Idaho's public notice statutes to remove obsolete provisions, clarify intent and provide consistency. This statute also raises the rate charged by the state's official newspapers for publication of public notices required to be published by Idaho law, by 14 percent, in two annual increase steps of 7% in FY 2005 and FY 2006. The rate increase adjusts for the inflationary increases to average publishing costs since December 31, 1999, which is an estimated 15.8 percent among all the state's newspapers. The legislation also assures that all public notices will be readable to all citizens with reasonable eyesight. It also requires that all state newspapers charge public and private advertisers the same specified billing calculation. (Task Force) H258 Small Employer Incentive Act. This bill is "The Idaho Small Employer Incentive Act of 2005" and provides qualifying businesses with the following: Income tax credits: (a) A 3.75% investment tax credit with a credit limitation of 62.5%; (b) An additional new jobs tax credit with a graduated scale starting at $1,000 per job and climbing to $3,000 per job; (c) A 2.5% real property improvement tax credit for investment in headquarters or administrative buildings of up to $125,000 in any one year. A temporary sales tax abatement of 25% for materials used in new headquarters and administrative buildings. To qualify a company must: (a) Create at least 10 new jobs in Idaho; (b) Jobs must have a starting annual salary of at least $50,000 per year, plus benefits; (c) Invest at least $100,000 in new headquarters or administrative buildings for each new employee added in Idaho; and (d) Accomplish this within a five-year period. Existing recapture provisions apply. Conveys authority to county boards of equalization to exempt new plant investment at project site from property taxation. (Crow/Moyle) H259 Small/medium business incentive. This bill is the Idaho "Small Business Growth Incentive Act of 2005" and the Idaho "Medium-Sized Business Growth Incentive Act of 2005." Together they provide qualifying businesses with the following: Income tax credits: (a) A 3.75% investment tax credit with a credit limitation of 62.5% or a 4.50% investment tax credit with a credit limitation of 75%; (b) An additional new jobs tax credit with a graduated scale starting at $1,000 per job and climbing to $3,000 per job; (c) A 2.5% or a 5.0% real property improvement tax credit for investment in headquarters or administrative buildings of up to $125,000 or $250,000 in any one year. A temporary sales tax abatement of either 25% or 50% for materials used in new headquarters and administrative buildings. To qualify a company must: (a) Create at least 125 or 250 new jobs in Idaho; (b) Jobs must have a starting annual salary of at least $32,240 or $40,000 per year, plus benefits; (c) Invest at least $15 million or $30 million in new headquarters or administrative buildings; and (d) Accomplish this within a five-year period. Existing recapture provisions apply. Conveys authority to county boards of equalization to exempt new plant investment at project site from property taxation. (Whitlock) H260 Property tax exempt/capital investment. Exempts from property tax "significant capital investment." The exemption is for the market value of all property of a business or person in excess of seven hundred million dollars ($700,000,000) within a single county. The property tax cap will come in to effect if an existing Idaho business, or a new business to the state, makes a significant capital investment which would put its market value over $700,000,000. The bill is effective January 1, 2005. (Crow/Field; Micron) H261 Sales tax exemption, certain property. Provides a new exemption from sales and use taxes for property that is used in research and development activities. It also amends the sales and use tax exemption for clean rooms to include those clean rooms used for research and development. Lastly, it amends the production exemption to remove property used for research and development as an exclusion from the production exemption. Exempting research and development property from the sales and use tax is intended to serve as an incentive for new jobs and investment from existing Idaho businesses, along with attracting new research and development investment from businesses looking to locate such activities in the state. The bill is effective January 1, 2005. (Newcombe/Moyle; Micron) H263 Procurement, political subdivisions. H264 School levy, revenue allocation area. Provides that a school district in which a tax increment area is terminated may add back the tax increment value to its market value for purposes of determining the proper amount of its dollar certification for its M & O budget, and makes conforming amendments to Section 33-1002D. (Schaefer) H266* Counties, electronic record storage. Enables the county recorder to utilize new electronic storage technology as approved by the county and authorizes the use of electronic records as official records of the county, including electronic indexing. Also provides some protection for the county recorder for refusing to record a document, which, in his/her discretion, and after consulting with the county prosecuting attorney, is not authorized to be recorded. In addition, the recorder may provide for public access terminals so the public can view electronically stored recorded documents. (IAC) ACTIVELY SUPPORT H267* County recorder, copying fees. Enables the county recorder, upon approval of the board of county commissioners, to negotiate a fee less than the amount authorized in Section 31- 3205 for copies of documents in excess of 100 pages or for copies of documents in electronic format. For those entities that have negotiated agreements, such existing agreements would not be affected by this change. This bill restricts any recipient from selling or transferring the records as official copies of county records. It also restricts anyone, other than the recorder as keeper of the records, from physically handling any recorded document. It further requires that each page be in legible typeface or no smaller than 10 point. (IAC) ACTIVELY SUPPORT H268 Patient, mentally ill, release. Clarifies who in a facility can make the decision to detain a voluntary patient for the purpose of examination by a designated examiner. In addition, it sets forth in code a process whereby the designated examiner’s application for continued care and treatment, which could potentially lead to commitment, is adjudicated in a timely manner. The bill amends section 66-326 to assist peace officers, who take persons into custody, determine whether such persons are in need of detention due to mental health issues. It also spells out who in a facility is qualified to assist in that determination. The bill specifies that such persons can be detained only in a facility equipped to assess and treat acute psychiatric and other mental conditions, with the exception that a person may be detained in a facility not so equipped if no equipped facility is available within the state. While this allows unequipped facilities to hold patients for a short time without treating the patients’ mental illness, it requires them to find a facility that can provide treatment within a short time frame. The bill also clarifies the process of court orders for the commitment of such persons, and it excludes Saturdays, Sundays and legal holidays from the time constraint for doing that. (IHA; Rep. Garrett) H271 Water/sewer dist, transfer assets. Establishes a statutory process for water/sewer districts to consolidate with city water/sewer systems. The legislation sets forth certain requirements that must be met prior to consolidation. Specifically, the city council and district board must be willing to consolidate; the city must have the capability to perform the essential functions of the district; provision must be made for the repayment of any debt, bonds or other liability obligations of the district; and provision must also be made for disbursement of district assets, infrastructure and obligations not transferred to the city. The district board is required to hold a hearing preceded by public notice, and an election must be held on the proposed transfer if desired by the district board or upon petition of 10 percent of the qualified electors of the district. Following passage of resolutions by the city and the district approving the transfer, the necessary documents are filed with the district court, which enters an order approving the transfer and dissolving the district. (Eskridge/Anderson) H272 Pseudoephedrine, sale. Prescribes conditions for sale of any compound, mixture or preparation containing certain quantities of pseudoephedrine, its salts or optical isomers, or salts of optical isomers with exceptions; and to provide procedures. (Wills) H275 Property tax, deferral, when. Provides property tax relief for homeowners who have lived in their home for ten continuous years or more. The assessed value of their home would be frozen as of January 1st of the year they applied and qualified. They would continue to pay taxes on the frozen assessed value, at current levy rates, as long as they remained in the home. Taxes would continue to be calculated as if there was no freeze, and the deferred taxes would be a lien on the property. (Sayler) H279 Property tax, growth factor/exemptions. Deletes the value of new construction or change of land use classification from being exempt from the three percent growth factor for taxing districts annual budgets. House Rev/Tax H281 Surface water for new land uses. Requires use of surface water for irrigation on lawns and landscaping when available. (Moyle) H282 Medical indigence/applicant resource. Extends from three to five years the ability of individuals to pay medical expenses before the counties and the Catastrophic Fund are required to pay those expenses. House Health/Welfare H283 Elections, voting systems. Makes clear that any voting system in use in Idaho in the 2004 general election can continue to be used as long as procedures can be put in place so the system meets the requirements of the Help America Vote Act of 2002. It also requires any direct recording electronic (DRE) or touch-screen voting device print the voters' selection on paper for the voter to review before the vote is cast and recorded in the device. This legislation also gives the Secretary of State the authority to review and decertify equipment that no longer meets federal standards. House State Affairs H285 Taxing dist boundary adjusted, when. Specifically authorizes County Commissioners to adjust highway district boundaries of coexisting districts affected by siting of an electrical generating property that utilizes wind and has a combined production capacity greater than 10 megawatts. It further provides new authority to County Commissioners to adjust district boundaries of cemetery and fire protection districts coexisting within the county that are reasonably affected by siting of an electrical generating property that utilizes wind and has a combined production capacity greater than 10 megawatts; so long as the purpose for such boundary adjustment is to allow one, or more, such district(s) to more equitably or economically operate. Due process of law established for petition and appeal in highway district boundary adjustment decisions by County Commissioners is carried forward from Section 40-1706, Idaho Code, for any County Commissioner consideration or decision related to adjustment of a cemetery or fire district boundary. Tax district boundaries associated with any taxing district boundary change will be established and recorded in accordance with Section 63-215, Idaho Code. (Stevenson) H286 Health insurance/mental health parity. Creates a pilot program to allow the state to establish the real costs and benefits of including mental health coverage in group health insurance coverage. This legislation sets forth findings of the legislature concerning the costs, both societal and economic, of leaving mental health disorders untreated. It creates prohibitions against excluding mental disorders from state health insurance and requires the Department of Administration to produce and submit a report to the legislature by January 31, 2009 detailing the actual costs of these benefits and allowing the legislature to evaluate the effectiveness of this legislation in stabilizing healthcare costs and reducing repetitive visits for physical ailments that may be associated with untreated mental illness. (Henbest/LaFavour/Martinez) H292 Transportation infrastructure/finance. Allows the Idaho Transportation Board, with concurrence of the House and Senate Transportation committees, the authority to use federal-aid highway funds to pay the principal, interest, and other costs associated with borrowing by the State to finance specific eligible highway projects. The board may select and designate transportation project to be funded with bond proceeds and present the proposal to the joint transportation committees. After approval by a majority of both committees, the requirement for "substantial statewide interest" is deemed to have been satisfied and the board may proceed with bonding through the Idaho Housing Finance Association (IHFA). A 1995 federal law (Title 23, US Code, Section 122) allows states to use their apportioned federal-aid funds as a debt- financing instrument known as "GARVEE" (Grant Anticipation Revenue Vehicle) Bonds. The term of most bonds will likely be 18 years and 18 years is the limit without extension authorized by consent of the Legislature. At current municipal interest rates, Idaho receives approximately $220 million a year from federal fuel tax revenues. Bonding shall be designed so that debt service shall not exceed 20 percent of the annual allocation of Federal funds to Idaho for highway development. (IHFA) is authorized to issue the bonds approved by the Board as well as manage the issuance and servicing of the bonds. (Smith) H296 Approp, Millennium Fund, use. Appropriates $700,000 from the Millennium Fund to the State Treasurer for specified purposes for fiscal year 2006 and provides that unexpended and unencumbered moneys shall revert to the Idaho Millennium Income Fund. Deletes Catastrophic Health Care and reduces health districts to $336,000. H298 Public infrastructure improvements. Provides for the formation of a public infrastructure improvements district by a petition filed by 100% of the owners of all the land in which the proposed district would be located. A district would be formed for the purpose of building new public infrastructure improvements to serve new growth and development, and to provide for the payment of those costs by the new growth and development. The formation petition would be filed with the county commissioners or the city council of the county or city in which the proposed district would be located. A district would be governed by a district board comprised of the members of the board of county commissioners or the city council of the county or city in which the district would be located. After formation, a district would be able to issue general obligation and revenue bonds, following notice, hearing and election. General obligation bonds would require a 2/3rd super majority vote of the qualified electors of the district. Revenue bonds would require either a 2/3rd majority or a simple majority, as controlled by Article VIII section 3 of the Idaho Constitution. This legislation will promote and accommodate orderly growth and development in both rural and non-rural areas. This legislation provides a mechanism for paying for infrastructure for the property within the district. Only the property within the district that is specially benefited by those improvements will pay the cost of those improvements. H299 Property tax/homeowner exemption. Allows residential improvements to still qualify for the fifty-fifty homeowners exemption when the property has been leased because the owner is absent in the current year by reason of active military service in a designated combat zone. (Denney/Moyle) H301 Mental health courts. Provides a statutory framework for mental health courts, much in the same way that the Idaho Drug Court Act provided such a framework for drug courts when it was adopted in 2001. Mental health courts are currently operating in Idaho in the 1st and 7th Judicial Districts. The courts an innovative alternative to incarceration, while providing community protection, through close supervision and monitoring of mentally ill offenders and their treatment. This expands the Idaho Drug Court Act to provide for mental health courts. The Supreme Court's Drug Court Coordinating Committee would become the Drug Court and Mental Health Court Coordinating Committee. The Committee would be charged with providing an implementation plan for mental health courts, as well as guidelines for eligibility, screening, assessment, treatment, case management, supervision and evaluation. The Supreme Court would have responsibility for administering any appropriations from the Legislature for mental health courts. District courts in each county would have authority to establish mental health courts in accordance with the standards set by the Committee. It would further provide that there is no right to be admitted to mental health court, and that a mental health court can be operated in conjunction with a drug court. Further, each person admitted to mental health court, like those admitted to drug court, would pay a monthly fee of up to $300, unless exempted from such payment for good cause. These fees would be deposited in the county drug court and mental health court fund and would be used to cover expenses incurred in the operation of drug courts and mental health courts. (Tobias) H302 Appropriation/catastrophic health care/add'l . FY 2005 Supplemental Appropriation to the Medically Indigent Health Care Program in the amount of $3,675,000 from the General Fund to cover costs that have exceeded available revenue. The appropriation is $3,100,000 ongoing and $575,000 one-time to the Catastrophic Health Care Cost Fund. H306a Corporate Headquarters Incentive Act. This bill is "The Idaho Corporate Headquarters Incentive Act of 2005." It provides qualifying businesses with Income tax credits: (a) A six percent investment tax credit with no credit limitation; (b) An additional new jobs tax credit with a graduated scale starting at $1,000 per job and climbing to $3,000 per job; (c) A ten percent real property improvement tax credit for investment in headquarters and administrative buildings of up to $500,000 in any one year. A temporary property tax abatement for new headquarters and administrative buildings of up to $2 million in any year. The state, not local governments, pays the abatement. A temporary sales tax abatement for materials used in new headquarters and administrative buildings. To qualify a company must: (a) Create at least 500 new jobs in Idaho; (b) Jobs must have a starting annual salary of at least $50,000 per year, plus benefits; (c)Invest at least $50 million in new headquarters and administrative buildings; and (d) Accomplish this within a five-year period. Existing recapture provisions apply. H307 Property, county sale, tax deed. Provides for the distribution of the proceeds of a tax deed sale that is equitable and in conformance with common sense and fair play. As the law currently stands, when a property is sold at tax deed, 100 percent of the proceeds are distributed among the various taxing districts associated with the property. None of the proceeds are distributed to the record owner and the record owner loses his entire equity. This bill would provide that after the various taxing districts are made whole for any delinquent taxes and fees, and after any perfected liens have been paid, that the record owner would receive any funds that remain. The legislation also provides for a 3 percent penalty on the gross sale amount to be paid to the county if the record owner had made no reasonable attempt of cure the delinquency or to sell the property prior to the tax deed sale. It also provides that the remaining proceeds shall be distributed to the county if no claim has been made for the funds within a 3 year period of the sale. OPPOSE H308a Vehicles, county tax, when. Clarifies Idaho code dealing with optional county sales taxes for financing county jail facilities. The legislation adds three new sections to the statute that clarify which county's tax is to be imposed when two counties have an interest in the same transaction. The first section specifies that the applicable county tax will be the tax imposed by the county in which a purchaser accepts delivery of the goods or services. The second section specifies that the applicable county tax on most vehicle sales will be the tax imposed by the county in which the address on the application for registration is located. The third section specifies and clarifies the applicable county tax that will be imposed for leased or rented tangible personal property that requires periodic payments. H312 Ground water dist, assessments. Provides that a delinquent assessment list be acknowledged by the district treasurer before it is filed wit the county recorder, and that upon payment of a delinquent assessment the treasurer also file notice of the payment with the county recorder. The legislation provides that a nonmember of a Ground Water District is prohibited from participating in an approved district mitigation plan until the nonmember has paid any past due mitigation costs. The legislation provides a procedure for district collection of mitigation costs from nonmember participants when the legislature has provided by law that the holders of certain ground water rights not otherwise covered by a mitigation plan shall be deemed nonmember participants in the district solely for mitigation purposes. H314 Small Employer Incentive Act. This bill is "The Idaho Small Employer Incentive Act of 2005." It provides qualifying businesses with Income tax credits: (a) A 3.75% investment tax credit with a credit limitation of 62.5%; (b) An additional new jobs tax credit with a graduated scale starting at $1,000 per job and climbing to $3,000 per job; (c) A 2.5% real property improvement tax credit for investment in headquarters or administrative buildings of up to $125,000 in any one year. A temporary sales tax abatement of 25% for materials used in new headquarters and administrative buildings. To qualify a company must: (a) Create at least 10 new jobs in Idaho; (b) Jobs must have a starting annual salary of at least $40,000 per year, plus benefits; (c) Invest at least $50,000 in new facilities and equipment for each new project employee added in Idaho; and (d) Accomplish this within a five-year period. Existing recapture provisions apply. Conveys authority to county boards of equalization to exempt new plant investment at project site from property taxation. H317 Taxing dist, budget limits. Provides that there shall be no increase above the three percent property tax cap attributable to new construction or change of land use classification in a revenue allocation area operated by an urban renewal agency. H319 Property tax exemption, certain value. This bill exempts from property tax "significant capital investment." The exemption is for the market value of all property of a business or person in excess of eight hundred million dollars ($800,000,000) within a single county. A business or person would qualify for this exemption if they make a significant capital investment which would put the market value of their operations over $800,000,000, along with maintaining the following annual investment objectives: (a) The taxpayer must make a capital investment of at least $25,000,000 in the county of the qualifying exemption each year prior to claiming the exemption; (b) The taxpayer must employ a minimum of one thousand five hundred (1,500) full time employees in the county of the qualifying exemption during the year of the exemption. H320 Property tax/appraisal/documentation. Amends criteria relating to property taxation by revising criteria for appraisal and by providing that the burden of proof fall to the taxpayer where the taxpayer has failed to provide documentation or data as required. H321 Medical assistance, pharmacy copay. Provides that certain medical assistance recipients, their spouses or parents pay copayments for certain medical procedures. In addition, this legislation would provide for exceptions, for the maximum amount of copayment, the inability to make required payment, and revision of the Medicaid pharmacy reimbursement level. H322 Gasohol, definition revised. Revises the definition of gasohol in the motor fuels tax law as gasoline blended with ten percent or more of anhydrous ethanol. H323a Small Employer Incentive Act. This bill is "The Idaho Small Employer Incentive Act of 2005." It provides qualifying businesses with Income tax credits: (a) A 3.75% investment tax credit with a credit limitation of 62.5%; (b) An additional new jobs tax credit with a graduated scale starting at $1,000 per job and climbing to $3,000 per job; (c) A 2.5% real property improvement tax credit for investment in headquarters or administrative buildings of up to $125,000 in any one year. A temporary sales tax abatement of 25% for materials used in new headquarters and administrative buildings. To qualify a company must: (a) Create at least 10 new jobs in Idaho; (b) Jobs must have a starting annual salary of at least $40,000 per year, plus benefits; (c) Invest at least $50,000 in new facilities and equipment for each new project employee added in Idaho; and (d) Accomplish this within a five-year period. Existing recapture provisions apply. Conveys authority to county boards of equalization to exempt new plant investment at project site from property taxation. H324 Medicaid, experimental services. Specifies services and treatments not covered under Idaho's state medical assistance program. H326 Misdemeanor, fines increased. Increases the maximum fine for misdemeanors, where a maximum fine is not otherwise prescribed by statute, from three hundred dollars ($300) to one thousand dollars ($1,000). This is the first increase in the general maximum fine for misdemeanors since 1887, when the $300 amount was set. Since that time, various maximum fines have been prescribed for some specific misdemeanors. In some cases, the maximum fine has been set at $300; in others, at $500; and in others, at $1,000. This bill, in addition to increasing the general maximum fine to $1,000, would also increase the specified maximum fine for some of these misdemeanors to $1,000. Finally, the bill would also allow counties and cities to set the maximum fine for misdemeanor violations of ordinances at up to $1,000, as opposed to the present maximum fine of $300. The bill does not require the imposition of any minimum fine for any offense. Rather, the bill would allow a greater measure of deterrence by allowing courts, in their discretion, to impose any fine up to the maximum amount. H332 Newspapers, legal notices. Creates a non-legislative Task Force consisting of representatives of the Idaho State Bar, the Idaho Association of Counties, the Idaho Association of Cities, and daily and weekly newspapers published within the state to study and make recommendations to the Legislature concerning various matters relating to such publications, including the qualification of newspapers to publish legal notices. The Task Force is requested to maintain communication with the Chairs of the germane legislative committees during the interim and to report its recommendations to the next legislative session. During the interim, and to allow the legislature the opportunity to act on the recommendations, the law as it existed prior to 1994, would be in effect. During this period, legal notices may be published in the daily or weekly newspaper chosen by the person or entity giving notice. The newspaper chosen must be a legal newspaper, except for the fact that the newspaper may not have the largest circulation in the county. If the next session of the legislature does not change the law as it has existed between 1994 and the present date, or otherwise amend this bill, on January 1, 2007, the law will revert to the present requirement that legal publications may only be made in that newspaper having the largest circulation in the county or other political unit. H334 Mental health court. Expands funding for drug courts and mental health courts. The Drug Court and Family Court Services Fund would become the Drug Court, Mental Health Court and Family Court Services Fund. Moneys deposited into the fund could be used for the present specified purposes, and also for the operation of mental health courts, mental health assessment, treatment and supervision, and other court services as provided by statute. These funds would continue to be subject to appropriation by the Legislature. Also provides additional funding for these court services. For those misdemeanors for which the maximum fine is increased effective July 1, 2005, any fine or forfeiture remitted over and above the maximum fine that could have been imposed prior to July 1, 2005, would be deposited in the Drug Court, Mental Health Court and Family Court Services Fund. The additional revenue deposited in the fund as a result of these provisions, based upon reasonable estimates, will allow the Supreme Court to expand drug courts and mental health courts by approximately 300 participants. This assumes that the Department of Health and Welfare, through its substance abuse treatment funds and the Access to Recovery Grant, the Department of Correction, and the counties can provide the requisite substance abuse and mental health assessment, treatment and supervision costs. The Fund will provide drug testing, court coordination, evaluation and operating costs. Additional revenue will provide substance abuse assessment and treatment, mental health assessment and treatment, and other court services required by statute. H335 Liquor dispensary/surcharge/increase. Increases the surcharge on goods sold in the state liquor dispensary and its branches, which is deposited in the Fund, would be increased from two percent (2%) to three percent (3%). The additional revenue deposited in the Fund as a result of these provisions, based upon reasonable estimates, will allow the Supreme Court to expand programs supported by the Fund by approximately 300 participants. The Fund will provide drug testing, court coordination, evaluation and operating costs. Additional revenue will provide assessment and treatment and other court services required by statute. H337 Public wks contract, info, Tax Comm. Makes a number of technical corrections to House Bill 263, relating to local government procurement and public works bidding and contracting. This legislation clarifies reporting requirements to the State Tax Commission and makes minor clarifications to language relating to procurement of public works construction. Provides that certain bids shall be awarded to the qualified bidder submitting the lowest responsive bid. H344 Approp, Catastrophic Health Care. Appropriates $15,260,300 for Catastrophic Health Care for fiscal year 2006. H346 Approp, Public Health Dist. Appropriates $9,624,600 to the Public Health Trust Fund for fiscal year 2006. H366 Dairy farms, reports. Allows counties, at their option, the authority to require dairies to submit an initial, and thereafter an annual, report to the board of county commissioners and the Idaho State Department of Agriculture which details the count for all bovine located within the boundaries of a dairy. It also gives counties, exercising this option, the ability to verify the animal count set forth in the dairy's report. H367 School, maintenance & operations levy. Permits school districts to levy property tax to make up the difference between the annual $75 million state appropriation for school property tax replacement and the actual amount needed to fully fund up to 0.001 multiplied by the prior year's actual or adjusted market value for assessment purposes of the school district. This retains the guarantee that the 0.001 will be met, as promised, in legislation enacted by the legislature in 1995. H368 Occupancy tax, appraisal, notice. Changes Idaho code 63-317(3)(b) to require the county assessors provide a notice of full market value, in an appraisal notice, before any exemptions or prorations are listed. This legislation sets the time for an appeal to commence with the time of full notice. H369a Sales tax exemption, heating materials. Removes Section 63-3622G, Idaho Code, which prevents certain industries from receiving the production exemption. There are four wood pellet manufacturing companies located in Idaho that are prohibited from fully participating in the State's sales and use tax exemption afforded to all other manufacturing companies. H370 Mosquito abatement dist, operation. Provides that districts need not be contiguous but that each noncontiguous area must be a certain size and delete language providing that petitioners shall bear the expense of holding the election. References the public health and welfare and provides for mosquito or other vermin management plans. This legislation sets forth emergency and interim pest management provisions and provides for the operation of abatement districts by counties. H372a Ground water dist, members. Requires mandatory membership for all ground water users except for domestic and livestock water rights. The reason ground water districts want this to change is to insure the mitigation and district operational costs are equally spread to all ground water users who receive benefits. Ground water district membership has been voluntary since 1995 but ever increasing mitigation and operational costs have stretched the financial limits of ground water district members. Ground water districts believe all ground water users who benefit from mitigation and ground water district operational costs should become members and pay their fair share. H373a Water rights, revenue bonds. Addresses serious water shortage problems in the state by authorizing the Idaho Water Resource Board to fund a water rights acquisition and mitigation program through the issuance of revenue bonds secured by program revenues paid by water users who will benefit from the program and from other sources. The program is intended to provide a means of financing water projects designed to enhance water supplies, reduce water demand, improve water management, and provide water for mitigation purposes. The program is declared to be a water project deemed to be in the public interest. The program will be implemented in a manner that is protective of individual rights and promotes the best interests of the citizens of the state. The legislation amends Section 42-1740, Idaho Code, to add acquisition of water rights as a purpose for which the Water Resource Board may issue revenue bonds. The legislation amends Section 42-1753, Idaho Code, to add revenues received from assessments or fees paid by water users as a potential source of funds credited to the Board's Revolving Development Fund. The legislation amends Section 42-1754, Idaho Code, to authorize moneys from the Revolving Development fund to be allocated to the Water Resource Board for payment of costs associated with the issuance and repayment of the Board's revenue bonds. H374a Water dist, expenses. Provides for the collection of a special annual assessment from water users within water districts established or to be established on the Eastern Snake River Plain. The special assessment is to pay the added water a administration costs of the Idaho Department of Water Resources attributable to implementing the monitoring and enforcement provisions of the Eastern Snake Plain Aquifer(ESPA)Conceptual Settlement Framework (the "Straw Man Proposal," dated September 15, 2004). The assessment shall be allocated among the water users of the affected water districts in the same manner as assessments to pay the costs of water distribution. H376 Intermodal Commerce authority. Designates that intermodal commerce authorities are an independent public body subject to provisions of counties that create them for commerce and economic development. H387 Idaho Housing & Finance, projects. Permits the financing of economic development projects through the issuance of revenue bonds by IHFA. No assets of IHFA or the state will be pledged for issuance of the bonds. These amendments will permit the financing of industrial, commercial and other projects to promote economic development throughout the state and will allow the pooling of loans for such projects to save financing transaction costs. Financing of these projects will still be permitted to the extent available through local issuers. However, some areas of the state do not have local issuers established to issue such bonds. The amendments would provide for a central, statewide point of contact for issuance of bonds for economic development projects. HJR1 Taxpayer's Bill of Rights. Constitutional amendment limiting legislative appropriations and expenditures in any fiscal year to the sum of the total appropriation for the previous fiscal year and the average of the annual percentage changes of the three immediately preceding calendar years in the cost of living and population. (Reps. Barrett/Wood; Laird Maxwell) HCR10 Energy, study committee. Authorizes the Legislative Council to appoint a committee to study energy related issues. HCR 16 Environment/energy/technology comm. Authorizes the Legislative Council to appoint a committee to undertake and complete a study of environment, energy and technology related issues. HCR23 Property tax matters, study. Authorizes the Legislative Council to appoint a committee to undertake and complete a study of property taxation matters. HCR25 Natural resource issues, study. Authorizes the Legislative Council to appoint a committee to undertake and complete a study of natural resource issues. SENATE BILLS: S1004 Ethanol blended fuel standard/exempt. Implements a renewable fuel standard and provide that beginning on April 1, 2010 gasoline for motor vehicle use sold in the state of Idaho must be blended with at least 10.0 percent by volume, agriculturally derived, denatured ethanol. Use of ethanol-blended fuel will significantly reduce emissions from motor vehicles, thus minimizing the adverse impacts of air pollution in the State. Using ethanol-blended fuel in motor vehicles in Idaho will reduce our dependence on imported fuels and will significantly strengthen our economy, particularly in rural areas. (Farm Bureau) S1007 PERSI, police officer membership. Amends section 59-1303, Idaho Code, to specifically include “dispatchers” among the positions that are not eligible, and to include jailers as eligible only if they are POST certified. Also, the references to the positions of “POST instructors” are being changed to “POST training coordinators” and the reference to “paramedics and paramedic trainees” is being changed to reference emergency medical technicians, consistent with current usage in other state statutes, rules, and policies. (PERSI) S1012 Post-public employment/conflicts. Provides that public officers and employees in Idaho shall not represent another person for benefit, pecuniary or otherwise, before a public agency by which they were employed or are employed, in any matter in which that officer or employee was or is directly connected and personally participated, while in office and for a period of one year after they have left office. This Act also protects public confidential information for a period of two years. (Schroeder) S1013 Juvenile Corrections/code reference. Makes the technical correction in Section 20- 525A, Idaho Code, by changing the reference in subsection (5) from "(2)" to "(4)." (Tobias) S1014 Serious crime, definition. Makes clear that "serious crime" includes any misdemeanor that includes the possibility of confinement. (Tobias) S1015 Juvenile Corrections, jurisdiction. Clarifies the statute by providing that courts can assume jurisdiction over a juvenile under the Juvenile Corrections Act only where the underlying offense occurred in the State of Idaho. (Tobias) S1034 Priest River Basin, water plan. S1035 Clearwater River/S. Fork/Water Plan. S1036 State prisoners, medical costs. Sets forth provisions applicable to medical costs of state prisoners housed in correctional facilities. (Dept. of Corrections) S1038 Crime victim benefit, amt/eligibility. Increases the funeral, burial, and cremation benefits under the Crime Victim's Compensation law for victims of violent crime in Idaho from $2,500 to $5,000 when they have no other source of funding. Expands eligibility for mental health treatment for family members of victims of violent crime in Idaho. Currently only family members of sexual assault victims or homicide victims are eligible for this benefit. This proposal will add the crimes of kidnapping, domestic violence, and child injury. The definition of family members eligible for this benefit is also expanded to include grandparents and grandchildren of the victim. (Industrial Commission) S1042 Testimony/qualification/misrepresent. Provides that when testimony is provided by, or documentary evidence submitted by, a witness that has misrepresented their professional qualifications statutorily required by the State of Idaho, the testimony shall be disregarded. If the misrepresentation if determined subsequent to the issuance of an order, the order shall be vacated. (Schroeder) S1044 Public contracts, public employees. Clarifies prohibition of using a public position for personal gain. References Idaho Code 67-5726 and Idaho Code 67-5734 into Title 18, where the general ethics in government provisions are contained for the convenience and clarity of those seeking guidance. It also clarifies that the provisions of 67-5726 and 67-5734 extend to local governments, as well as state government. (Schroeder) S1048 Voter registration/county clerk/time. Clarifies that counties must accept voter registration materials at all times during the 24-day period preceding the primary election. (Werk) S1054 Fines/fees, POST fund. Alters distribution of fines and forfeiture funds currently allocated between the general fund and the Peace Officer Standards and Training (POST) fund. In section 31-3201B the fee assessed by the court from certain offenders to be distributed to the POST account, is increased from six dollars ($6.00) to ten dollars ($10.00). The fine and fee adjustments will provide adequate funding for the increase in POST's expenses related to providing training for Department of Correction personnel, and maintaining the new training facility authorized in FY2002. (POST) S1060 Court proceedings, certain, counsel. Strikes language providing for the right to representation by counsel in certain post-conviction proceedings; and to revise provisions applicable to an applicant's ability to pay the expenses of counsel representation and court costs. (A.G.) S1061 Domestic battery, felony. Clarifies that the felony domestic battery statute has the same intent requirement as the battery statute and the aggravated battery statute. (A.G.) S1062 Strangulation, attempted, penalty. Criminalizes attempted strangulation as a felony. (A.G.) S1063 MV/operate w/o owner consent/penalty. Increases penalties for serious cases of operating a vehicle without an owner's consent (“joy riding”). (ISA) S1064 Property, malicious injury, penalty. Relates to malicious injury to property to provide for an increased penalty in certain circumstances. (IPAA) S1065 Injury to child, willfully defined. Defines the term "willfully“ in the injury to children law. (IPAA) S1066 Habitual truant, definition revised. Allows for the direct prosecution of a parent or guardian of a child enrolled in a public school for knowingly allowing a child to become an habitual truant as defined by statute. (Sen. Stegner) S1067 Driving, reckless/inattentive/penalty. Amends the penalty for Reckless and Inattentive Driving, under Idaho Code 49-1401. This amendment prescribes a penalty for inattentive driving of ninety (90) days or a fine of three hundred dollars ($300.00) or both. In addition, this legislation increases the maximum penalty for reckless driving. (IPAA) SUPPORT S1080 Plate manufacturing acct, use. Allows all costs associated with the production and distribution of license plates (including postage costs currently paid by the consumer) to be paid from the Plate Manufacturing Account. (ITD) S1081 Highway bids, electronic submission. Provides that when a contracting agency allows bid documents to be submitted electronically, an electronic bid bond with valid electronic signatures shall accompany the electronic bid documents. (ITD) S1082 State highways, speed limit. Increases the maximum speed limit which may be set on state highways, to seventy-five miles per hour. (ITD) S1086 Medical assistance, recovery. S1087 Medical assistance, recovery, estate. Provides for the recovery of medical assistance (Medicaid) payments made after the recipient reaches age 55, from the probate estate of the Medicaid recipient and the recipient's spouse. Recovery is made only after the death of both spouses and only when there is no minor or disabled child. This amendment allows the Department to be considered a “successor” and use the small estate affidavit to recover funds from financial accounts such as the decedent’s nursing home trust account and checking account. Anyone claiming a higher priority is protected by existing law because the person collecting funds through the small estate affidavit must account for those funds to any personal representative or person with a higher priority. (IDHW) S1088 Medical assistance, recovery, estate. This legislation makes it clear that the couple's property cannot be distributed to others, until the needs of the surviving spouse are met and repayment of Medicaid is complete. (IDHW) S1089 Idaho Prescription Drug Program. Creates a prescription purchase program known as Affordable Rx Idaho. This program is available to Idaho residents, who do not qualify for Medicaid, and who have an income level equal to or less that 250% of federal poverty level. It does not apply to Idaho residents who are currently covered by a health insurance prescription drug benefit plan or who have voluntarily terminated coverage from such a plan within 90 days of application for the Affordable Rx Idaho purchase card. The applicant will be required to pay for prescription medications but will be able to purchase the medications at a reduced price. This program should reduce the utilization of visits to the hospital emergency rooms and utilization of other more costly health care resources for this part of Idaho’s population. (AARP) SUPPORT S1091 MV license plates, science/technlgy. Establishes a science and technology special license plate program. (Sen. Bunderson/Rep. Rydalch) S1092 Workers comp claim, limitations. Clarifies issues relating to the impact and meaning of Idaho Code section 72-706 (5) as it was amended in 1991, and has been subsequently interpreted by the Idaho Industrial Commission. The amendment removes concerns over the absence of a statute of limitations on medical benefits in denied worker's compensation claims. (Sen. Goedde) S1093 Worker's comp, permanent impairment. Provides that evaluations of permanent impairment shall only be made by a qualified physician. (Sen. Goedde) S1096 Agency rules/fiscal impact/effective. Provides that no pending rule or portion of a rule that has a fiscal impact greater than ten thousand dollars ($10,000) in any fiscal year shall become final and effective until it has been approved, amended or modified by concurrent resolution. The result of this amendment would be to treat rules that have a significant fiscal impact like fee rules, which require both houses of the Legislature to affirmatively approve the rule in order for the rule to take effect. (House Leadership) S1100 Sentencing, capital case. Clarifies an aggravating circumstance in the death penalty statute, Idaho Code 19-2515(9)(h). The amendment ensures that the jury will be allowed to consider all relevant information about the defendant at the sentencing phase where the jury has to assess the murderer's continuing threat to society. (Ada County Prosecutor) S1101 Pseudoephedrine, sale. Controls the purchase of compounds used in methamphetamine production. (Sen. Burkett) S1102 Bicycles on sidewalk, rights/duties. Clarifies that a bicyclist must obey the same rights and duties as pedestrians on sidewalks and crosswalks. (Wolfinger) S1104 Volunteer fire dept, service charge. Provides a schedule of charges for service; conditions for collection; report filing and failure to pay procedures. The bill defines "volunteer fire department" and requires an agreement between the department and a validly organized political subdivision. (Sen. Corder/Rep/ Wills/Nielsen) S1105* Medically indigent, care, residents. States that the county indigent program is not the appropriate method for payment of health care claims in those instances where the individual is not legally present in the United States and state of Idaho. Property taxes are not the appropriate mechanism for payment of these types of claims especially when the property tax system is under such intense scrutiny and viewed with significant unpopularity by Idaho s citizens. However, the law is clarified to provide that in cases of medical emergency, counties will pay their appropriate share up to the point of stabilization, at which time the individual should be returned to his or her country of origin. Further provides that an employer who knowingly and willfully employs a person who is not legally present in the United States and the state of Idaho may be held responsible for the cost of medical care for the person or members of that person s household while the person is employed by the employer. This occurs by the creation of a cause of action on behalf of a county or health care provider. (IAC) ACTIVE SUPPORT HELD S1106 Mosquito abatement dist, operation. Revises the act to allow for the establishment by the county of interim or emergency abatement districts. The revision will provide for the protection of the public health and welfare and allow the formation of non-contiguous districts. In addition, there are several editorial changes. (Sen. Little/Dept. of Agriculture) SUPPORT S1107 Mosquito abatement dist, operation. Revises the act to allow for the establishment by the county of interim or emergency abatement districts. The revision will provide for the protection of the public health and welfare and allow the formation of non-contiguous districts. It also provides more budget flexibility by changing the budget growth factor cap of districts from three percent to ten percent. In addition, there are several editorial changes. (Sen. Little/Dept. of Agriculture) S1108 PERSI, retirees, reemployment. Permits retirees under the PERSI system to return to full time work with a PERSI employer without a reduction in their benefit provided certain conditions are met. The retiree must have retired with an unreduced retirement benefit; can only return to an employer other than the employer from which they retired; they must have at least a six month break from their date of retirement to date of any re-employment with a PERSI employer and the employer is required to pay PERSI contributions as may be directed by the retirement Board. (Sen. Corder/Rep/ Wills/Nielsen) S1109 Workers comp/sheriff office volunteer. Provides that a volunteer of a sheriff's office or department shall be deemed an employee for the purposes of worker's compensation coverage. (Sen. Keough) S1110 MV license plates/nonpublic college. Expands the special motor vehicle license plate program to include private colleges and universities. (Sen. McGee) S1112 CAFO, public hearings, testimony. Allows the public an opportunity to speak in a public forum to local decision makers regarding Confined Animal Feeding Operations siting. It would eliminate the one-mile residency restriction in Idaho Code. (Sen. Stennett/Rep. Jacquet) SUPPORT S1113 Nutrient mngmt plan, open to public. Provides that all nutrient management plans shall be open to the public and available for inspection and copying. (Sen. Stennett) S1114 Voter registration, time limit. Provides that a legible, accurate and complete registration card received in the office of the county clerk during the twenty-four day period preceding an election shall be accepted and held by the county clerk until the day following the election when registration reopens, at which time the registration shall become effective. (Sens. Bunderson/Werk) S1115 Liquor fund, deposits. Freezes the current distribution of the Liquor Fund (Idaho Code, Section 23-404) at the fiscal year 2004 levels and then reallocate any future growth 50% to the counties and cities and 50% to the General Fund. (State Liquor Dispensary) S1116 S1117 Agency, testimony, misrepresentation. Provides that when testimony is provided by, or documentary evidence submitted by, a witness that has misrepresented their professional qualifications statutorily required by the State of Idaho, the testimony shall be disregarded. If the misrepresentation if determined subsequent to the issuance of an order, the order shall be vacated. (Sen. Schroeder/Rep. Trail) S1120 Weapons, concealed, license. Sets up a mechanism wherein retired peace officers may qualify for a concealed firearms permit. The result of this bill is to allow for Idaho sheriffs to issue permits to retired law enforcement officers that will permit them to carry concealed weapons anywhere in the country in accordance with federal law. It also provides a mechanism for sheriffs to revoke the permit where appropriate and sets up a mechanism for persons who are denied the permit to appeal. (ISA) SUPPORT S1124 Agency rules, fiscal impact. S1125 Agency rules, fiscal impact. S1127 Airports, acquire land, limits. Deletes the acreage limitation for acquiring lands for airport purposes by counties, highway districts and cities. (Sen. Brandt) S1128 Highway Inverse Condemnation Act. S1130 Motorcycle/ATV rider, helmet. Requires that all persons under eighteen years of age who ride upon or who are permitted to operate a motorcycle or an all-terrain vehicle, on or off any highway, shall wear a safety helmet. (Bill Madron) S1132 School bus warning device, violation. Provides that the registered owner is prima facie the driver of the vehicle at the time of the alleged violation if the investigating peace office is unable to establish the identity of the driver of the vehicle involved in the violation, to provide an exception and to make technical changes. (Sen. McGee) S1133 State highways, maximum speed. Raises the maximum speed limit on the Interstate and State highway system from 65 miles per hour to a maximum of 75 miles per hour on those sections of the system which qualify for a higher limit according to engineering studies and established speed limit procedures. (Sen. Brandt/ITD) S1134 Vulnerable adult/sexual abuse/penalty. Prohibits the sexual abuse and exploitation of vulnerable adults, defines terms and to set forth penalties. (Sen. Goedde) S1135 Concealed weapon license/reciprocal. Authorizes the Attorney General to negotiate reciprocal agreements with other states related to the recognition of Idaho licenses to carry concealed weapons in those other states. This bill also provides that the Idaho State Police shall keep records of those agreements and make them available to the public. (Sen. Sweet) S1136a Unclaimed prop, sheriff/police sell. Provides a uniform statewide method dealing with abandoned or unclaimed property in the possession of a sheriff or city police department. This bill also provides a uniform statewide method for the acquisition and disposition of firearms that are confiscated by any public agency in Idaho. (Sens. Sweet/Corder) S1137 Correction officer, POST training. Authorizes P.O.S.T. Council to establish minimum basic training and certification standards for state correction officers and for adult probation and parole officers. Additionally, this proposal clarifies the status of certified Corrections officers. Currently, the statute reads that all IDOC employees "who receive certification" from P.O.S.T. shall have peace officer status. The proposal makes it clear that peace officer status is reserved for those certified as peace officers. (POST) S1140 H&W, family planning demo waiver. Expands family planning health care services in Idaho to low income women, age nineteen and older who are enrolled in the Medicaid Pregnant Women & Children Program (PWC), and women and men whose children are enrolled in the Chilren s Health Insurance Program (CHIP) Plan A. (Sen. Keough/Rep. Henbest) S1151 Eminent domain/property acquisition. Clarifies that the "Quick Take" procedure, which allows condemning authorities to take possession of private property prior to trial, is available to all condemning authorities. Currently, the statute contains a list of condemnors and projects which is not all-inclusive; therefore there are some condemnors which cannot take possession of property being condemned by eminent domain until after a Commissioner's Hearing and a trial on the issue of valuation. The result is a delay in public projects and additional costs to private property owners. This revision to the statute will clarify that any entity with the power to take private property via eminent domain may also obtain immediate possession of the property upon deposit with the Court of "just compensation." The property owner and the condemner can then resolve the valuation/just compensation issue without the public project being delayed. (Cunningham) S1152 Condemnation, hwy relocation assistance. Moves the existing "Highway Relocation Assistance" section of the code, which is applicable to eminent domain, to the "Eminent Domain" section of the code. Currently, when property is acquired via eminent domain for a highway, displaced individuals receive relocation assistance from the condemnor. However, when property is condemned for purposes other than highways, relocation assistance is not provided under the current statute. This change will ensure that all Idaho citizens who are displaced via eminent domain receive equal relocation assistance, regardless of the entity which is condemning their property or the purpose of the taking. Most takings do not require relocation; without this change, however, some citizens who lose their homes via eminent domain and do have to relocate are forced to pay their moving expenses out of pocket, while others receive relocation assistance. This legislation allows relocation assistance to all citizens displaced by eminent domain. (Cunningham) S1153 Vulnerable adult/sexual abuse/penalty. Makes it a felony to intentionally abuse a vulnerable adult under circumstances likely to produce great bodily harm or death, to neglect a vulnerable adult under circumstances likely to produce great bodily harm or death, or to exploit a vulnerable adult in those cases where the monetary damages exceed $1,000. (Sen. Goedde/Mike Kane) S1158 Naturopathic physicians, license. Expands the health care options of Idahoans by licensing and setting standards of practice for Naturopathic Physicians, while affirming the rights of other health care practitioners to practice as currently permitted by law. S1159 Transportation, public policy. Provides for a policy on public transportation. Public transportation includes, among others, vans, buses, and other modes of public conveyance. This legislation establishes a public transportation policy for the state of Idaho that states that public transportation services are to be provided by local or regional public and private entities. The policy also provides that the state's role is limited to providing public transportation support services by the Idaho Transportation Department as outlined in the legislation. This legislation was unanimously recommended by the 2004 Interim Legislative Committee on Public Transportation and Air Quality. (Sens. McKenzie/Langhorst) S1161 Agency rules, fiscal impact. S1165 Children's mental health, placement. Requires that at least one of the designated examiners who examine a child following the filing of a petition for involuntary treatment be a psychiatrist, licensed physician or licensed psychologist. This would be consistent with the procedures set forth in Idaho Code 66-329 for the examination of adults who are being considered for involuntary commitment. The court would no longer have to find that the child's parents or guardians refused or were unable to grant consent before issuing an involuntary treatment order. The bill would also allow the Department of Health and Welfare up to seven days following the entry of an involuntary treatment order to provide an individualized plan of treatment, rather than requiring such a plan before entry of the involuntary treatment order. The court would be permitted to conduct a review hearing at any time to monitor compliance and make any significant adjustments in the individualized treatment plan. Additional language has been added to insure that the disposition and placement of a child who is subject to an involuntary treatment order is consistent with the court-approved individualized plan of treatment. Finally, section 16-2423, Idaho Code, would make clear that its provisions regarding informed consent and other limitations on treatment apply to children subject to involuntary treatment, as well as those undergoing emergency evaluation. (Tobias) S1166 Juveniles, mental health assessment. Provides a procedure for obtaining prompt assessment and treatment of the mental health needs of the juvenile at any stage of these proceedings. This bill would provide that courts hearing JCA or CPA cases could order a mental health assessment and preparation of a plan of treatment for juveniles who appear to be suffering severe emotional disturbance (SED). The bill would also allow the court to convene a screening team, drawn from a wide range of agencies and including the child's parents or guardians, to provide recommendations for the court. The court could also order an additional evaluation and recommendations for treatment when needed. Any residential or in-patient treatment could be ordered only after a hearing or waiver of a hearing by the juvenile and the juvenile's parents or guardians. Financial obligations of the juvenile's parents would be determined in a manner consistent with the corresponding provisions of the Children's Mental Health Services Act. (Tobias) S1167 Tort claims, county official/employee. This bill addresses the liability arising from the actions of "shared" employees. These are county officials and employees who perform clerical and other duties for the courts. While so acting, the county officials and employees are subject to the control and supervision of the administrative district judge. This bill grew out of discussions among the members of the Supreme Court's Shared Employees Committee. It was felt that a statute setting forth the standard adopted in Blankenship would help to make clear the status of shared employees, and would facilitate relationships between the State of Idaho and the counties in dealing with issues arising from the actions of shared employees. By stating that shared employees, while performing functions and duties of the courts, are employees for purposes of the Tort Claims Act, the bill would make it clear that the State of Idaho has the responsibility of indemnifying and defending shared employees for claims of wrongful acts in the course of performing such duties. (Tobias) S1168 Transportation infrastructure/finance. This legislation authorizes the Idaho Transportation Board to use federal-aid highway funds to pay the principal, interest, and other debt service costs incurred from bonds issued by the State to finance a specified list of eligible highway projects. A 1995 federal law allows states to use their apportioned federal-aid funds as a debt-financing instrument known as "GARVEE" (Grant Anticipation Revenue Vehicle) Bonds. The average term of most bonds would likely be eighteen years. Presently, Idaho receives approximately $220 million a year from federal fuel tax revenues. This legislation authorizes the Idaho Housing Finance Association (IHFA) to issue GARVEE bonds then approved by the Board of Transportation. IHFA would manage all aspects of the issuance and servicing of the bonds. This legislation would amend the IHFA enabling statute to authorize the issuance of GARVEE bonds. Prior to entering into agreements to issue bonds, the Idaho Transportation Department, as part of its annual budget request, would be required to request legislative approval for each specific bonding issuance as a separate item in its annual budget request. (Governor) S1169 County, contract w/prosecuting atty. As rural counties seek to fill their positions of a prosecuting attorney in their county, sometimes those positions remain vacant due to the lack of eligible attorneys residing in the community. To remedy this, County Commissioners have entered into contracts with another Prosecuting Attorney in an adjacent county to fulfill their legal obligations to provide legal services for their county(Idaho Code, Section 59-907). Yet, a Prosecuting Attorney is prohibited from holding another state or county office during the term of his/her office as Prosecuting Attorney (Idaho Code, section 31-2601). Considering this dilemma, this bill attempts clarify Idaho Code by stating that an attorney who has contracted with a board of county commissioners will not be considered to hold the office of Prosecuting Attorney for the county with which the contract exists. (Stennett) S1179 Motorcycles, registration fee. Increases the registration fee for motorcycles from nine dollars to fifteen dollars and deposits the increase into the Motorcycle Safety Program Fund. S1174 S1183 Transportation infrastructure/finance. S1192 Renewable energy projects, bonds. "Trailer Bill" to House Bill No. 106 to authorize the Idaho Energy Resources Authority to undertake any renewable energy generation project for the benefit of one or more independent power producer and may issue its bonds to finance their costs. S1218 Controlled substance/endanger child. Creates a criminal statute to address the alarming increase in the number of children and infants endangered by individuals who use or possess illegal controlled substances in a manner that directly affects children. This bill creates a general felony crime, punishable by up to five (5) years in prison or a fifty thousand dollar ($50,000.00) fine. However, with regard to a pregnant female who violates this proposed law, the statute directs the courts to first consider an order for substance abuse treatment or drug court where appropriate. The intent of this legislation is to prevent, whenever possible, the birth of babies with methamphetamine, or other dangerous illegal drugs, in their tiny systems. Further, this bill is intended to address the conduct of users of illegal drugs who, by their conduct, knowingly permit or intentionally cause a child to ingest an illegal controlled substance. S1219 Insurance, administered by county. Eliminates the exemption from the requirement for registration of any self-funded health care plans administered by or for any county of this State and thereby provide better protections for consumers and health care providers. Individual counties will have the opportunity to petition the Department of Insurance for an exemption from the investment requirements in this chapter. The legislation would also eliminate the need to pursue litigation to clarify the intent of current law with regard to such plans and would provide a level playing field by subjecting self-funded plans of counties to the same regulations and consumer protections as self-funded plans of other employers. S1220 Sewage treatment/water supply, plans. Defines the responsibility of the Department of Environmental Quality to review and approve plans for sewer and water systems. S1227 Millennium Fund, expenditures. The Millennium Fund was created with tobacco master settlement agreement funds to hold the monies distributed as required under the settlement. Recognizing that these funds, if left to accrue, can provide a resource for investments in community based tobacco cessation, and drug and alcohol treatment programs, this legislation requires a 2/3 majority vote of both the Senate and House of Representatives to distribute monies from this fund. S1228 Air quality, permit requirements. Trailer bill to House Bill No. 230 to revise permit requirements for any major or minor air pollution source in Idaho. SCR104 Medically indigent, health care. Encourages the Department to work with the Idaho Association of Counties and other health care interests to explore and evaluate ways in which county medical indigency programs could be used to match federal Medicaid funds. The resolution incorporates a test program for eligible adults that, contingent upon approval from the Centers for Medicare and Medicaid, would be implemented in volunteer counties. The Department would report the results of the test program to the fifty-ninth Legislature along with recommendations for further legislative action. SUPPORT SCR118 Prescription drugs, access. Encourages greater access to prescription drugs for Idaho residents through identification and creation of public-private partnerships. SJM103 Law enforcement, BLM land. Urges the President of the United States and the Congress of the United States to pass legislation establishing an equitable reimbursement formula based upon the number of users or acreage or another equitable basis for the Bureau of Land Management to reimburse counties for local law enforcement services. (Sen. Goedde) SJM104 Law enforcement/forest service land. Urges the President of the United States and the Congress of the United States to pass legislation establishing an equitable reimbursement formula based upon the number of users or acreage or another equitable basis for the Forest Service to reimburse counties for local law enforcement services. (Sen. Goedde) SJM105 Safe drinking water act. Asks the Congress of the United States to enact appropriate legislation to authorize the individual states to autonomously implement the Safe Drinking Water Act in their respective states and to provide federal funds to the states via block grants to be used for the implementation of the Act. SJM109 Craig-Wyden bill, support requested. Expresses support for the reauthorization of the "Secure Rural School and Community Self-Determination Act" or the Craig-Wyden bill and requesting the support of the Congress and the President of the United States. SJM110 Streamlined sales tax agreement. Urges the Congress of the United States to authorize those states which have become members of the Streamlined Sales and Use Tax Agreement, by conforming their sales and use tax laws to the requirements of the agreement, to require sales and use tax collection responsibility on the part of remote sellers who have no physical presence in the state. SJM111 Immigration policy review requested. Requests the Congress of the United States to comprehensively review current immigration policy, to examine enforcement of the policy and to actively seek reasonable revisions to such policy.