Bills of Interest

2008 Legislative Session

January 21 through January 25, 2008

Bills Introduced in the House

H0368 – COURTS – Comprehensive revision of I.C. § 31-3201A, the civil filing fees and court costs statute.  (Court bill.)

H0369 – COURTS – Creates a Judges’ Retirement Stabilization Fund to ensure that the assets of the Judges’ Retirement Fund are sufficient to fund the liabilities of that fund.  (Court bill.)

H0370 – COURTS – Provides that the Idaho State Police has responsibility for law enforcement at the Supreme Court Building, and shall provide security for the Supreme Court and the Court of Appeals while they are in session and at their places of work.  (Court bill.)

H0381 – CRIMES – Requires any violent sexual predator to be electronically monitored during any period of probation or parole; makes it a felony to tamper with electronic monitoring equipment.

H0382 – CRIMES – Amends I.C. § 18-8329 to clarify provisions prohibiting sex offenders from being on school grounds or loitering or residing within 500 feet of school grounds; provides that the 500 foot restriction on residence is measured from the offender’s property line to the school’s property line; adds exceptions for voting and taking delivery of mail from a post office on school grounds.

H0383 – CRIMES – Makes it a felony to intentionally assist a violent sexual predator, who has failed to comply with registration requirements, to elude law enforcement by concealing or harboring him, or by knowingly giving false information to law enforcement, or by withholding information from law enforcement.

H0386 – COURTS – Provides an additional annual distribution of $2,021,300 from the Liquor Account to fund 275 additional spots in misdemeanor drug courts and DUI courts.

H0389 – DRUGS – Makes unauthorized disclosure or obtaining of information from the controlled substance database a misdemeanor.

H0402 – ELECTIONS – Removes the current 125-voter limit on mail ballot precincts.

H0404 –WATER – Provides for a statewide aquifer planning and management effort over the next ten years.

H0408 – COURTS – Authorizes POST training and certification of misdemeanor probation officers; provides for enhanced penalties for assaults and batteries upon misdemeanor probation officers; increases the maximum misdemeanor probation supervision fee to the same level as the felony probation supervision fee.  (Court bill.)

H0409 – COURT REPORTERS – Moves the certification of shorthand reporters under the Bureau of Occupational Licenses.

H0413 – ELECTIONS – Allows voters to become permanent absentee voters.

H0416 – PUBLIC EMPLOYEES – Makes several changes to the provisions governing state employee health care service coverage; provides that retiree health care service will not be available to persons who begin their state employment on or after July 1, 2008; upon passage of this bill, the Department of Administration intends to provide that a retiree must work for the state until eligible for early retirement and must be retiring directly from state service to be eligible for retiree health care service coverage.

H0417 – CRIMES – Prohibits sex offenders who are required to register from residing with more than one other person required to register; allows sex offenders to petition the district court to be permitted to reside with more than one other person required to register; allows counties and cities to establish standards for residential houses for registered sex offenders; provides that violations of these provisions is a misdemeanor.

Bills Introduced in the Senate

S1292 – ELECTIONS – Provides for voluntary public financing of campaigns of candidates for statewide office or the Legislature.  (This would not cover justices or judges.)

S1293 – PROPERTY – Provides for review of siting of energy facilities by a state panel; allows persons aggrieved to seek judicial review of decisions.

S1296 – CRIMINAL PROCEDURE – Requires inmates, halfway house residents and juveniles in the custody of DJC who are receiving counseling for sex offenses to be transported to counseling by state or county employees or contractors.

S1298 – PUBLIC MEETINGS – Requires recording of public meetings and preservation of the recording for three years.

S1299 – PUBLIC MEETINGS – Increases maximum fine for first-time violations of the open meeting law from $150 to $500, and maximum fine for subsequent violations from $300 to $1,000.

S1300 – PUBLIC RECORDS – Provides that a denial of public records would be appealed to the Attorney General or prosecuting attorney, rather than the district court.

S1301 – PUBLIC EMPLOYEES – Extends whistleblower protections to volunteers and creates a whistleblower review board.

S1302 – PUBLIC EMPLOYEES – Prohibits legislators from lobbying for one year after leaving office.

S1303 – PUBLIC EMPLOYEES --  Prohibits public officials from lobbying for any business or individual for one year after leaving office if they were involved in certain decisions affecting such business or individual within the last two years of holding office.

S1307 – MOTOR VEHICLES – Renumbers the subdivisions of I.C. § 49-326A to clarify that courts take the primary role in determining the period of driver license suspension following incarceration.

S1316 – CRIMES – Requires defendants to pay $150 of the cost of any presentence report.

S1317 – CRIMES – Provides that a prisoner who has a parole eligibility date falling on a weekend or holiday may be granted a parole release date on the previous weekday.

S1319 – CRIMES – Makes it a felony for any DJC employee to have sexual contact with a juvenile offender; makes it a felony for any DOC employee supervising parolees or probationers to have sexual contact with any parolee or probationer.

S1321 – PUBLIC RECORDS – Creates a digital repository for state publications.

S1323 – CIVIL RIGHTS – Forbids discrimination on the basis of sexual orientation or gender identity in employment, public accommodations, education and real estate transactions.

S1324 – PROPERTY – Provides for community property with right of survivorship.

S1325 – CONSERVATORS – Provides for appointment as conservator of the individual or corporation nominated as conservator by the protected person in a financial power of attorney, or the individual or corporation nominated as agent in the financial power of attorney.

S1326 – GUARDIANS AND CONSERVATORS – Provides for transfer and recognition of foreign guardianships and conservatorships for developmentally disabled persons.

S1327 – GUARDIANS – Adds provisions to restrict convicted felons from residing with or frequenting the residence of an incapacitated person without a court order; clarifies that an incapacitated person may nominate a person as guardian through the naming of a person as health care agent in a durable power of attorney for health care.

S1328 – ESTATES – Eliminates a conflicting provision regarding notice of testacy proceedings.

S1329 – ESTATES – Revises provisions regarding exempt property allowances.

S1330 – ESTATES – Companion bill to S1329 containing less comprehensive provisions relating to exempt property allowances.

S1332 – ESTATES – Changes notice requirement in probate proceedings from publication in a newspaper of general circulation, to publication in a newspaper of general interest.

S1333 – ESTATES – Provides method for execution of a will by persons who are illiterate or physically unable to sign.

S1334 – PROPERTY – Amends provisions relating to the suspension of the power of alienation of real property.

S1335 – POWER OF ATTORNEY – Adopts the Uniform Power of Attorney Act.

S1336 - POWER OF ATTORNEY – Adopts the Uniform Intellectual Property Power of Attorney Act.

S1339 – CRIMES – Permits courts to order persons convicted of misuse of public moneys to cash in retirement moneys to make restitution, unless other funds are available.

S1342 – DOMESTIC RELATIONS – Amends I.C. § 32-303 to clarify that former lieutenant governors, former federal judges and former mayors cannot solemnize marriages; provides that current tribal judges of Idaho Indian tribes or other tribal officials approved by an official act of an Idaho Indian tribe may solemnize marriages.

S1345 – JUDGEMENTS – Provides that no settlement of a claim by a recipient of medical assistance payments which may affect the amount of reimbursement to the Department of Health and Welfare shall be made without the participation and consent of the Department; requires settlements and judgments to give priority to medical expenses incurred by the recipient in an amount equal to that paid by the Department for medical assistance.