Bills of Interest

 

2008 Legislative Session

February 18 through February 22, 2008

 

Bills Introduced in the House

 

H0491 – PROPERTY – Changes the size of real property that may be financed with a deed of trust from 40 acres to 80 acres.

 

H0499 – BOATING – Provides that operating a vessel with, or having in tow, passengers or cargo in excess of recommended capacity is unlawful; establishes mandatory use of cut-off switches; establishes mandatory boating safety education for operators 14 years of age and younger.

 

H0501 – PUBLIC RECORDS – Allows victims of domestic violence, stalking, rape, malicious harassment, lewd conduct, sexual abuse, or sexual exploitation to apply to the Secretary of State for an address and for designation of the Secretary of State as the victim’s agent for purposes of receipt of process and receipt of mail.

 

H0508 – DRUGS – Amends definitions in I.C. § 39-302 relating to treatment for substance abuse, including definitions of “addiction” and “alcoholism.”

 

H0511 – CHILDREN – Creates a Child Mortality Prevention Team to examine records of all reviewable child deaths in Idaho and make recommendations to prevent child deaths.

 

H0515 – FIREARMS – Enacts Idaho Outdoor Shooting Range Act to provide standards for outdoor shooting ranges; provides that a person may not maintain a nuisance action for noise against a state outdoor sport shooting range that is in compliance with the noise standards contained in the Act.

 

H0516 – DRUGS – Provides that a defendant convicted of trafficking may be given a lesser sentence than the mandatory minimum if a treatment plan pursuant to I.C. § 19-2524 is included as a condition of the sentence.

 

H0517 – CONSUMERS – Amends the Consumer Protection Act to provide that an elderly or disabled person who brings an action for a practice declared unlawful by the Act may recover an enhanced penalty of $15,000 or treble damages, whichever is greater, if the defendant knew the victim was elderly or disabled, and if the unlawful practice resulted in certain types of damages.

 

H0519 – PROPERTY – Provides that a tenant association in a mobile home park that is about to be sold has the right of first refusal to purchase the park on the same terms as the owner’s accepted offer.

 

H0520 – INSURANCE – Makes additions to list of unfair claims practices; provides that in litigation relating to a property insurance contract, the prevailing party “shall be entitled to damages as determined by the court plus reasonable costs and attorney’s fees.”

 

H0523 –CRIMES – Amends I.C. § 19-5304 to provide that “victim,” for purposes of restitution, includes a person or entity who makes “payments to or on behalf of a directly injured victim to pay or settle a claim or claims against such person or entity in tort or pursuant to statute and arising from the crime.”

  

H0540 – CRIMES – Amends I.C. § 39-6312 to increase the maximum fine for a first offense of violation of a civil protection order from $500 to $1,000, provide that a second offense within 10 years of the first conviction carries a maximum jail term of two years and a maximum fine of $2,000, and that a third offense within 15 years is a felony carrying a maximum sentence of five years and $5,000.

 

H0541 – CRIMES – Amends I.C. § 18-920 to provide that a second offense of violation of a no contact order within 10 years of the first conviction carries a maximum jail term of two years and a maximum fine of $2,000, and that a third offense within 15 years is a felony carrying a maximum sentence of five years and $5,000.

 

H0545 – CITIES – Revises the requirements for annexation of land by a city; provides that a Category A annexation requires consent, rather than simply no objection, from all the landowners; eliminates future implied consent to annexation arising from a property’s owner’s hook-up to water or sewer services.

 

HCR045 – COURTS – Establishes an interim committee to study the property tax system, including whether some of the expenditures of property tax revenues might more reasonably be covered from other revenue sources, and to make recommendations to provide property tax relief while furthering “the improved administration of the state’s criminal justice, juvenile justice and court systems.”  

 

Bills Introduced in the Senate

 

S1393 – BUSINESS – Enacts new chapter providing that businesses may enter into non-competition agreements with key employees and key independent contractors for a period of up to 18 months following termination.

 

S1399 – PROPERTY – Establishes minimum standards for homeowners’ associations for the conduct of meetings, minutes, and rights of individual members.

 

S1400 – PROPERTY – Provides a process for the reporting of real estate sale prices to assessors.

 

S1402 – AGRICULTURE – Eliminates limitation of those who may comment at hearings on animal feeding operations to members of the public with their primary residence within one mile of a proposed site.

 

S1416 – WATER – Repeals Northern Idaho Water Rights Adjudication.

 

S1417 – WATER – Delays Northern Idaho Water Rights Adjudication until July 1, 2009, and provides for advisory vote in each basin at the next general election.

 

S1418 – WATER – Removes administrative basin 98 from the Northern Idaho Water Rights Adjudication.

 

S1419 – ESTATES – Restructures allowances in the Idaho Probate Code including the homestead allowance.

 

S1420 – TORTS – Extends immunity from liability to any person who in good faith renders emergency care using a defibrillator at the scene of an accident or emergency.

 

S1421 –CRIMES – Amends I.C. § 18-3906 to increase maximum penalty for placing debris on a highway from 10 days in jail and a $300 fine to six months in jail and a $1,000 fine.

 

S1422 – CRIMINAL PROCEDURE – Amends I.C. § 18-4004A to provide that a notice of intent to seek the death penalty must be filed within 90 days, rather than 30 days, of the entry of a plea, and that the state and the defense may stipulate to extend this time limit for a reasonable period of time.

 

S1426 – MENTAL ILLNESS – Amends provisions relating to commitments; adds to definitions of “likely to injure himself or others” and “gravely disabled” to include persons who refuse treatment or fail to understand their need for treatment, and who, if left untreated, will deteriorate to the point that they will fall within the existing definitions within the reasonably near future; allows court to hold involuntary commitment proceedings in abeyance during voluntary treatment; allows venue in the county where the proposed patient was found immediately before the commencement of proceedings; adds an outpatient commitment process.

 

S1430 – CRIMINAL PROCEDURE – Establishes procedure for forfeiture of electronic devices and digital media used in the commission of a felony.

 

S1431 – PROPERTY -- Enacts Consumer Foreclosure Protection Act, providing that certain contracts entered into while a residential home is in the foreclosure process must be in writing and that the consumer has a five-day right of rescission on such contracts.

 

S1437 - ADMINISTRATIVE LAW --  Amends procedures relating to discharge of teachers; provides for judicial review of a school board’s decision to discharge a teacher and sets forth standards for such review.

 

S1438 – CRIMES – Makes it a misdemeanor for certain persons to possess a taser or stun gun; makes it a felony to use such a device during the commission of a felony.