Legislative Review 2017: Government & Public Lawyers Insights on Idaho Legislation
Explore the detailed legislative review of Idaho in 2017, covering statistics on legislators, productivity, vetoes, laws without signature, unknown bills, and city revisions. Images and analyses included.
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2017 Legislative Review Government and Public Lawyers Section April 6, 2017
Numbers Idaho Senate 29 Republicans 6 Democrats Idaho House: 59 Republicans 11 Democrats BUT Freedom Caucus created by Rep. Zollinger & Rep. Kingsley Charts by: By Shabidoo - Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=36700475
Productivity 785 drafted (LY-831) (2015-763) 530 introduced (69%) (LY-557) (2015-523) 347 passed both houses (LY-379) (2011-335) 45% chance from drafting 65% from introduction Session length 80 days Longer than last year (75) Below 6 year average of 81 days
Taken by Betsy Z. Russell, The Spokesman Review, April 3, 2017. Used with permission.
Vetoes March 24 S. 1046 require state to offer a plan that uses an HSA paired with a high deductible health plan as a state employee option. S. 1057 remove references to the Hay company. Establishes a system wide classified employee system. March 28 H. 197 would have established process for a special election in a vacancy in U.S. House of Reps. (current process is set by Governor).
Law Without Signature March 27 H. 141 (Moon) Establishes definition for commercial wildlife tannery as well as establishing regulations for recording of skins, shipping compliance, and records maintenance. S. 1101 Stockwater claims are encouraged to be filed in the SRBA (deferrable claims) limits the filing fee, exempts costs of publication/investigation/assistance/ recommendation to IDWR. IDWR will assume costs.
Two Unknowns S. 1206 GARVEE/ Highway Funding Primarily affects Caldwell corridor. Uses approx. $15 million yr. general fund which Gov. is opposed to (prefers user fees/ gas tax). H. 67 Repeals Grocery Tax Grocery Tax= $197 Million, Grocery Credit = $147 Million. Difference of $47 million. Results in a shift of $26 million from sales tax to general fund to minimize impact on Local Governments.
Cities H. 130: Revises reporting requirements of city treasurers. Reflects an update to how business is actually transacted/accounted for. S. 1108: Basis of Bearing must have two existing monuments or two monumented corners. (50-1301(1)).
Counties H. 126 County Commissioner Appointments Rec Districts, Cemetery Maintenance Boards, Fire Protection Board. Creates authority to fill boards. Tie County Commissioner with longest service draws a name . S. 1180 Clarifies Idaho Code sec. 31-710(3) Notice requirement is governed by the Idaho Open Meetings Law. S. 1174 County Commissioners may delegate procurement authority to other elected officials and employee of BOCC. Bonds required on any project = or> $50,000.
Political Subdivisions Procurement S. 1074 May delegate authority to elected official or employee (County Commissioners 31-602). Bond required for equal or more than $50,000. Amends exclusions from requirements (Add sections 11-18): good for direct resale, travel and training, goods from Correctional Industries, Repair of Heavy Equipment, Software maintenance and support for existing system/platform, public utilities, food for jail/detention facilities, used equipment at auction if authorized by governing board. Personal property/Services amounts changed to $50,000- $100,000. Addition of 67-2806A to allow for an RFP process. Counsel should carefully review criteria and recommend creation of a record establishing criteria are met for governing body.
Miscellaneous Call for Constitutional Convention defeated. One from House side, one from Senate. Both claimed limited purpose. H. 301 Revises duties of Oil & Gas Commission, well spacing requirements, unit integration, reporting requirements, and rights/remedies of royalty owners. H. 202 Revises Civil Asset Forfeiture laws. Is forfeiture proportional to crime alleged? H 104 allows for certain dog/sled dog races.
Miscellaneous H. 97 establishes prior rule on attorney s fees only if frivolous, unreasonable or without foundation. (Hoffer v. Shappard instituted new prevailing party rule March 17 legislation moots). H. 139 Combines Boards of Barbers and Cosmetologists. H. 166 Clarifies what happens in a void state contracting situation.
Interim Committee Commercial Vehicle Registration Fee Study Public School Funding State Foster Care System State Employee Health Insurance Benefits Administrative Hearing Officers (S. 1155) Criminal Justice Reinvestment Oversight Idaho Council on Indian Affairs Natural Resources Interim Committee
Wait Till Next Year! Unemployment Insurance Tax Cut S. 1195 Amended in House to add Income Tax Cut Failed Senate H. 134/ 189/270 Gov t Interference in Elections Budget Medicare
Looking Ahead House Senate Leadership? Elections Governor Lt. Gov. Little Former Senator Fulcher Developer Dr. Tommy Alquist ??Congressman Labrador?? Lt. Governor already running Rep. Packer Former Rep. McGeachin Senator Hagedorn GOP Party Chair Steve Yates Congress ???Rep. Bedke??? ???Rep. Crane??? Treasurer ???JFAC RANKS???
License Plates H. 111 Increases fee for plates from $3.00 to $3.75 Repeals several special plates S. 1070 sought to establish Rotary Plate Passed Senate never heard in House.
Questions brian.kane@ag.idaho.gov
