Bills of Interest

2008 Legislative Session

January 28 through February 1, 2008

Bills Introduced in the House

H0421 – TORTS – Sets forth procedures for a defendant’s motion to dismiss any legal action that involves the “exercise of the right of petition”; requires the awarding of costs and attorney’s fees if the motion is granted, or if the motion to dismiss is found to be frivolous or solely intended to delay.

H0428 – WATER – Provides for the Idaho Water Resource Board and the Department of Water Resources to conduct a statewide comprehensive aquifer planning and management effort over the next ten years.

H0429 – MOTOR VEHICLES – Requires most motor vehicle liability insurance policies to include underinsured motorist coverage, which may be declined by the insured.

H0442 – CRIMES – Amends I.C. §§ 18-1505 and 39-5302 to add unjust or improper use of a financial power of attorney to the definition of exploitation of a vulnerable adult.

Bills Introduced in the Senate

S1348 – WATER – Exempts mining operations from forfeiture of water rights for nonuse, where the nonuse results from closure, suspension or reduced production due in whole or part to mineral prices.

S1349 – CRIMES -- Amends the statutes pertaining to misuse of public moneys; makes it a felony for any public officer or public employee to misuse public money, as defined in the statute, if the amount misused is at least $300, or if the public officer or public employee is charged with the receipt, safekeeping or disbursement of public money; makes other misuses of  public money by public officers and employees a misdemeanor.

S1350 – BUSINESS – Adopts the Uniform Limited Liability Company Act.

S1351 – ALCOHOL – Defines “events center” and provides that persons under 21 are not restricted from entering an events center where alcohol is sold.

S1352 – WATER – Restores fees for filing notices of claims for water adjudication to level existing prior to the legislation establishing the North Idaho Adjudication.

S1353 - WATER – Clarifies that the Legislature has no intent to place meters on domestic wells.

S1354 - WATER – Defers participation of individual domestic water users in the North Idaho Adjudication.

S1355 – ATTACHMENTS – Raises exemption from attachments and levies for motor vehicles from $3,000 to $5,000.

S1356 – PUBLIC OFFICERS – Prohibits convicted felons from being elected sheriff; requires elected sheriffs to complete a tutorial on current Idaho law prescribed by POST Academy, unless he or she is already a certified chief of police, peace officer or detention officer, and to attend a school sponsored by the Idaho Sheriffs’ Association.

S1357 – CRIMES – Amends I.C. § 18-3126, defining the crime of misappropriation of personal identifying information, to provide that the intent to use such information to obtain credit, money, goods or services is sufficient; there need not be intent to obtain such items in the name of the person whose identifying information is misappropriated.

S1360 – PUBLIC FINANCE – Allows local boards to borrow money for transportation projects; provides that one of the methods for allowing such borrowing is a petition for judicial confirmation that the project is ordinary and necessary.

S1361 – MOTOR VEHICLES – Adopts a new section making it an infraction, punishable by a total penalty of $116.50, to violate school zone speed limits.

S1362 – CRIMES – Amends I.C. § 18-915, which provides increased penalties for assaults and batteries on certain persons; provides for increased penalties for such crimes against certain officials, including present or former justices and judges, because of their exercise of official duties or former or present official status.

SCR124 – PRISONS – Allows the State Board of Correction and Division of Public Works to enter into a lease purchase agreement for the Correctional Alternative Placement Program facility at a maximum cost of $50,416,857 over a 20-year period.