WEEK 12 LEGISLATIVE UPDATE
Week of March 28 - April 1, 2022
The twelfth week of the Sixty-Sixth Idaho Legislature's Second Regular Session began with the House and Senate in recess as they awaited treatment of bills by Governor Little. The week ended with Adjournment “Sine Die” on Thursday afternoon, marking the end of a successful and well-run session on the 81st legislative day. The House adjourned at 1:47 PM and the Senate Adjourned at 2:43 PM, formally ending the 2022 Idaho Legislative Session.
This session was unique. They all are, but with so many long-time legislators retiring and a sense of order and process back, there is much to celebrate. Governor Little said “In all my years, I have never seen a more successful legislative session that produced so many positive results for the people we serve. We achieved what I never thought we could – ‘the trifecta’ – which is record tax relief, record education investments, and record transportation investments in one year.”
We could not agree more. There are always wins and losses, rhetoric, bad press, challenges, and even disappointments during session, but the optimism and success of this year leaves us believing the future of Idaho is bright.
Before Sine Die, the House and Senate reviewed the actions taken by Governor Little. Several bills were vetoed during the recess and were accompanied by messages from the Governor. The vetoed legislation was discussed by the House and Senate as they caucused to decide what to do. The Senate chose to take up a veto override on SB1381, the Coronavirus Pause Act, but the override failed to receive 2/3 majority with a 21-14 vote.
Following the actions of the Senate, the House then went on the floor and worked through the orders. They chose not to attempt to override any vetoes and called for adjournment by voice vote with a small number of gallinaceous legislators voting “nay”, and the vast majority of representatives voting enthusiastically “aye” to adjourn Sine Die. The Senate began farewell speeches and thanked their peers and the many people who help make the process a success and an hour later also adjourned Sine Die by voice vote.
All eyes now turn to the May Primary Elections on May 17, 2022. As we wrap up our work in the Capitol, we will be providing you with an additional summary of our success this year. We are also happy to offer advice on campaigns and elections as we work with trusted legislators we want to see return and as we invest our time and energy helping those who we believe will help Idaho move forward with vison, leadership and statesmanship. We will continue to work hard to represent your interests and seek to build a path to success for next year as we move forward with a very large class of new legislators next year.
We wish to thank the Idaho Legislature, the Senate, the House, the Majority and Minority Leadership, the many staff and secretaires, the Governor and his staff, and agency leaders and their staff. We work with all of them regularly throughout the year and we consider it a privilege to be able to know and trust them as we come together to make hard decisions and promote ideas to try to make Idaho a better place. We may not always agree, but we respect the process and the role we play in it on your behalf.
And to you, Thank you. Thank you again for your trust in us this session. On behalf of myself, our firm, Mike, Kieran, and Peyton, thank you for the privilege of working on your behalf and to achieve your goals. We count you as a part of our family and we are honored to be able to work on your behalf. Again, thank you, and congratulations on a successful 2022 Idaho legislative session.
POLICIES, APPROPRIATIONS, AND RULES UPDATES
POLICIES
HB 468 – Endowment Lands, Notices, Violations, and Fees House Resources & Conservation Committee
SUPPORT
This proposal would create a new section of State Code that establishes a fine schedule of $250 for a first offense and up to $1,000 for a second violation of posted rules on state endowment lands committed within a five-year span. There is also potential for up to six months imprisonment in county jail for a second violation.
HB 586 – Fish & Game Violations Held in Committee – Replaced by HB 672 (due to LSO drafting errors)
By adjusting existing sections of State Code, this proposal would amend the list of Fish & Game violations by reclassifying several violations as “infractions” instead of their current status of “misdemeanor”.
Sponsor: Rep. Boyle (R-9), Rep. Moyle (R-14)
HB 623 – Trespass, Process Servers (24-44-2) Failed the House
If passed, this bill would extend civil and criminal trespass protections to process servers delivering legal documents lawfully.
Sponsor: Rep. Gannon (D-17)
HB 587 – Department of Lands Held in House Resources & Conservation Committee
This bill aims to, through increased transparency and incorporating greater accountability measures in Idaho Department of Lands (IDL) processes, increase the State Endowment’s long term financial returns. To do so, an ombudsman would be created that is made up of gubernatorial appointees. There would also be language added to State Code describing desired qualifications for employment candidates that would include extensive industry experience.
Sponsor: Rep. Gestrin (R-8)
SB 1251 – Land Exchanges Senate Resources & Environment Committee
This proposal aims to clarify existing authority for the State Board of Land Commissioners (Land Board). It would also aim to add clarity to the responsibilities of the Land Board when considering the execution of land exchanges with the federal government and allowing the continuation of existing land uses for exchanges approved by the Land Board. Sponsor: Sen. Harris (R-32)
HB 585 – Boating Fees House Resources & Conservation Committee
A proposal drafted as a result of collaboration with the Idaho Association of Counties and the Idaho Department of Parks & Recreation (IDPR), this bill intends to remedy a funding shortfall from boat-related fees. This proposal would create a new fee for non-resident vessels operating in Idaho waters. 80% of the revenue collected would be directed to counties and the remaining 20% to IDPR. It is estimated to generate roughly $1 million per year from those non-resident motor boats.
Sponsor: Rep. Okuniewicz (R-2)
HB 676 – Firearms in Public House State Affairs Committee
To allow for firearms to be carried on private entities and prevent signage that would restrict the right to carry. Short-term leases of state public lands to a private entity will not be able to restrict the right to carry on these lands.
Sponsor: Rep. Giddings (R-7)
HB 674 – Expansion of Presumption of Innocence House Judiciary, Rules, and Administration Committee
Intends to strengthen the stand-your-ground law, by stating a person who uses justifiable force in the case of a home invasion. It aims to ensure that self-defense is protected and a person under question is given the presumption of innocence is applied to pre-trial and post-trial. If a person had reason to believe that the person injured or killed was a police officer, then this would not apply.
Sponsor: Rep. Giddings (R-7) and Sen. Zito (R-23)
SB 1380 - Rural Veterinarian Loan Repayment Program (28-7-0) Passed the Senate –Held in House Agricultural Affairs Committee
Establishes a repayment program for rural veterinarians. The allocated funds would permit 10 individuals to receive a maximum amount of $25,000 for the year, but an applicant will not be permitted to receive more than $75,000. A seven-member review board would be created to conduct a grant process. This is mainly for rural vets who work on large animals. This replaces SB 1344.
Sponsor: Sen. Stennett (D-26)
HB 456 – Invasive Species, Boats, & Fees House Agricultural Affairs Committee
Adjusts the fee schedule for watercraft and eliminates the requirement that non-motorized vessel owners pay a $7.00 fee for an invasive species sticker. Included in the fee schedule changes are a reduction from $10 to $5 for vessels numbered in the state prior to being launched on state public waters, an increase from $30 to $85 for vessels registered in other states or through the US Coast Guard, and an additional $70 fee for vessels registered in other states or through the US Coast Guard that have one or more ballast tank with a hull length at or greater than 21 feet.
Sponsor: Rep. Okuniewicz (R-2)
HCR 51 – Sawtooth National Recreation Act (22-45-3) Failed the House
A concurrent resolution to recognize and celebrate 50 years of the Sawtooth National Recreation Area, which was recognized by the U.S. Congress in 1972. The act preserves the natural, scenic, and historic, pastoral, and fish and wildlife values and enhances the recreation activities on Idaho landscape. This replaces SCR 117.
Sponsor: Rep. Burns (D-26)
SB 1252 – Grazing Rights Senate Resources & Environment Committee
In an update to State Code, this proposal would designate grazing rights as compensable property rights.
Sponsor: Sen. Harris (R-32)
HCR 36 – Sunshine Mines House Resources & Conservation Committee
This House Concurrent Resolution is to honor the miners who passed on May 2, 1972, due to the Sunshine fire. The fire took 91 miner’s lives and this is to pay tribute to the lost lives on that day.
Sponsor: Rep. Giddings (R-7)
HB 558 – Stockwater Rights, Department of Water Resources House Resources & Conservation Committee
HB 558 would establish a thirty (30) day period for the Department of Water Resources to issue a determination regarding petitions of water rights that have been alleged to have not been exercised for a period of five (5) years and if they are to be forfeited. A process for right-holder dispute and response is also established.
Sponsors: Rep. Blanksma (R-23), Sen. Harris (R-32), Speaker Bedke (R-27), four additional co-sponsors
SB 1278 – Relating to Real Property (29-0-6) Passed the Senate – House Resources & Conservation Committee
Creates a new section 55-616 to outline what happens with water rights and entitlements when property rights have changed to a new person. All water rights are carried over unless held by the seller. All entitlements are to receive water are carried to the obligations associated with the membership in a ground water district.
Sponsor: Sen. Vick (R-2)
HB 568 – Recreation Fees House Transportation & Defense Committee
Increases the recreation registration fees an additional $1.50 due to increasing costs over the year. Off-highway Vehicle (OHV) fees will also be raised from $12 to $15 for residents and $20 for nonresidents. These raised fees are anticipating $400,000 in revenue to support the OHV program.
Sponsor: Rep. Gestrin (R-8)
SB 1345 – Barbed Wire Fences (34-0-1) Passed the Senate – Held in House Agricultural Affairs Committee
Revises several sections to adjust penalties for careless barbed wire fences. The offenses have been lowered to an infraction for the first offense for a fence violation, then the second offence will be considered a misnomer. This also adds grounds for local police to give tickets after a seven-day notice of a careless barbed wire fence. This replaces SB 1312.
Sponsor: Sen. Harris (R-32)
HB 643 – Subdivisions Exemptions in Counties House Local Government Committee
Will require for counties to accept land divisions from county subdivision regulations. These will provide subdivision requirements to be taken to allow for famer and rancher land to be passed on to children and grandchildren. This was approved except for line 35, to be changed to 80 acres instead of 100.
Sponsor: Rep. Gestrin (R-8)
HB 696 – Department of Lands, Legal Counsel House State Affairs Committee
Intends to allow for the Department of Lands to hire its own legal counsel. This will remove the responsibility from the Office of the Attorney General.
Sponsor: Rep. Blanksma (R-23)
SB 1372 – General Counsel for State Land Board (29-6-0) Passed the Senate – House State Affairs Committee
Intends to allow for the Department of Lands to hire its own legal counsel. That legal counsel will be permitted to contact the Attorney General if they seek to. This does not affect the Attorney General’s position on the Land Board.
Sponsor: Sen. Harris (R-21).
HCR 40 – State of Disaster Emergency Ending (42-25-3) Passed the House – Senate State Affairs Committee
This concurrent resolution is to end to the current state of disaster emergency that has been ongoing to the past two years. It states the State of Emergency is no longer needed and this will bring it to an end.
Sponsor: Rep. Scott (R-1) and Rep. Christensen (R-32).
SB 1397 – Negotiated Rulemaking Process Sent to the 14th Order for Amendment
This allows for legislatures to have a negotiated rulemaking process for all temporary rules that are not approved by the legislature the following session. This bill is to ensure that the rulemaking process is transparent and that temporary rulemaking is only used for emergency situations.
Sponsor: Sen. Anthon (R-27)
HB 436 – Income Taxes Signed into Law
HB 450 – Unemployment Insurance Tax Rates Signed into Law
SB 1248 – Water and Sewer District Board Compensation Signed into Law
HB 506 – Armed Forces Scholarships Signed into Law
HB 461 – Armed Forces Scholarships Signed into Law
SB 1262 - State Disasters and the Second Amendment Signed into Law
SUPPORT
HB 507 – Archery Hunting Signed into Law
SUPPORT
HCR 37 – Fee Rule Approval, Department of Agriculture Adopted
HB 479 – Updating Definition of Utility Type Vehicle (UTV) Signed into Law
HB 559 – Confined Animal Feeding Operations Signed into Law
SB 1275 – Irrigation Districts and Oaths Signed into Law
SB 1276a – Irrigation and Canal Companies Signed into Law
SB 1277 – Relating to Irrigation Districts and Voters Signed into Law
HB 467 – Water Resource Board Revolving Account Loans Signed into Law
SB 1243 – Environmental Board Update Signed into Law
SCR 122 – IDPR, Rules Rejection Adopted
SCR 123 – Fee Rule Approval – IDFG, IDPR, IDL, IDWR, and Forest Products Commission Adopted
SB 1228 - Fencing Requirement Signed into Law
SCR 125– Senate Resources & Environment Committee, DEQ Fee Rules Adopted
HB 588 – Wildland Firefighter Pay Signed into Law
SUPPORT
HB 519 – Coast Guard Rules for Boating Programs in Idaho Signed into Law
HB 584 – Anderson Ranch Dam Signed into Law
HB 700 – Speed Limits, Off-Highway Vehicles Signed into Law
HB 672 – Fish and Game Code Revision Signed into Law
SUPPORT
HB 702 – Big Game Depredation Fund, Fish and Game Signed into Law
SUPPORT
HB 520 – Hunting Tags for Elk & Deer Hunters Signed into Law
SUPPORT
HB 608 – Stock Water Rights Signed into Law
HB 748 – Water Rights Signed into Law
HB 749 – Lemhi Basin Water Settlement Signed into Law
HB 642 – Idaho Soil & Water Commission Signed into Law
HB 701 – Idaho Workforce Housing Fund Signed into Law
HB 705 – Firearm Protection in Declared Emergency Signed into Law
SB 1405 – Public Entity Investment Activities Signed into Law
HB 720 – Personhood Status Signed into Law
SB 1423 – Department of Agriculture, FY23 Appropriation. Vote: 16-0-4. – Sent Back to JFAC
$45.37 million base; 225 FTP; add $173,700 for benefit costs; $1.15 million for replacement items; $3,700 for statewide cost allocation; and $1.12 million for CEC. The total FY23 appropriation request is for $50.13 million, which would reflect an 8.4% increase over the FY22 appropriation.
Sponsors: Sen. Crabtree (R-7), Rep. Troy (R-5)
SB 1347 - Office of Species Conservation, FY23 Appropriation Signed into Law
SB 1363 – Wolf Depredation Control Board, FY23 Appropriation. Signed into Law
SUPPORT
APPROPRIATIONS AND BUDGETS
HB 686 – Endowment Fund Investment Board, FY23 Appropriation Signed into Law
SB 1386 – Department of Fish & Game, FY23 Appropriation Signed into Law
SUPPORT* - Trailer Bill 702
SB 1393 - Public Utilities Commission, FY23 Appropriation. Signed to Law
HB 763 – Department of Environmental Quality, FY23 Appropriation Signed into Law
SB 1419 - State Board of Education, Ag Research & Extension Services, FY23 Appropriation. Signed into Law
SB 1422 - Department of Fish & Game, HB 702 Trailer, Big Game Depredation Claims. Signed into Law
SB 1428 - State Treasurer, HB 701 Trailer, Workforce Housing Fund. Signed into Law
HB 757 – Soil & Water Conservation Commission, FY23 Appropriation Signed into Law
HB 755 – Department of Lands, Board of Land Commissioners, FY23 Appropriation Signed into Law
HB 751 – Department of Parks & Recreation, FY23 Appropriation Signed into Law
SB 1429 – Agriculture Additional Appropriation, FY 22 Invasive Species Signed into Law
RULES
HERE is the link for the Index of all Proposed Rules seeking legislative approval. Committees in both the House and Senate are assigned rules to approve. As a reminder, if a rules docket pass either House or the Senate, they are set to go into effect but need to be enacted by legislation or executive order.
Rules Approved:
24-3980-2100 - Idaho Minimum Safety Standards and Practices for Logging, p. 417
24-0501-2100F - Rules of the Board of Drinking Water and Wastewater Professionals, p. 173
15-0301-2100F - Notice of Omnibus Rulemaking Fee Rule, Idaho Forest Products Commission
37-0000-2100 - Notice of Omnibus Rulemaking, Idaho Department of Water Resources and Idaho Water Resource Board
37-0000-2100F -Notice of Omnibus Rulemaking (Fee Rule), Idaho Department of Water Resources and Idaho Water Resource Board
37-0307-2101 - Stream Channel Alteration Rules (New Chapter, Fee Rule)
37-0101-2101 - Rules of Procedure of the Idaho Department of Water Resources and Idaho Water Resource Board (New Chapter, Fee Rule)
13-0000-2100F - IDAPA 13 Department of Fish and Game Fee Rules
13-0000-2100 - Department of Fish and Game Pending Rules
13.01.01 Rules of Practice and Procedure of the Idaho Fish and Game Commission;
13.01.04 Rules Governing Licencing
13.01.07 Rules Governing Taking of Wildlife
13.01.08 Rules Governing Taking of Big Game Animals
13.01.09 Rules Governing Taking of Game Birds and Upland Game Animals
13.01.10 Rules Governing the Importation, Possession, Release, Sale, or Salvage of Wildlife
13.01.15 Rules Governing Use of Dogs
13.01.16 Rules Governing Rules Governing Trapping of Wildlife and Taking of Furbearing Animals
60-0501-2110 - Notice of Omnibus Rulemaking - Proposed Rule, Idaho Soil and Water Conservation Commission
02-0000-2100 - Notice of Omnibus Rulemaking - Proposed Rule (02.01.03 - 02.05.01), p. 4
20-0000-2100 - Idaho Department of Lands Omnibus Pending Rules, page 123
20-0000-2100F - Idaho Department of Lands Omnibus Pending Fee Rules, page 17
20-0201-2101 - Rules Pertaining to the Idaho Forest Practices Act Pending Rule, page 156
20-0309-2101F -Easements on State-Owned Navigable Waterways Pending Fee Rule, page 210
20-0601-2101F - Rules of the Idaho Board of Scaling Practices Pending Fee Rule, page 217
20-0309-2101 - Easements on State-Owned Navigable Waterways (New Chapter, Fee Rule) - Proposed Rule
20-0309-2101 - Easements on State-Owned Navigable Waterways (New Chapter, Fee Rule) - Proposed Rule
20-0601-2101 - Rules of the Idaho Board of Scaling Practices (New Chapter, Fee Rule) - Proposed Rule
20-0201-2101 - Rules Pertaining to the Idaho Forest Practices Act (New Chapter) - Proposed Rule
04-0000-2100 - Notice of Omnibus Rulemaking - Proposed Rule, Office of The Attorney General, Page 5-91
34-0000-2100 - Notice of Omnibus Rulemaking - Proposed Rule, Secretary of State, Page 357-376
34-0000-2100F - Notice of Omnibus Rulemaking (Fee Rule) - Proposed Rule, Secretary of State Page 78-111
38-0000-2100 - Notice of Omnibus Rulemaking - Proposed Rule, ID Dept. of Administration, Page 377-417
38-0000-2100F- Notice of Omnibus Rulemaking (Fee Rule) - Proposed Rule, Id Dept. of Administration, Page 112-12
37-0000-2100 - Idaho Department of Water Resources and Idaho Water Resource Board Notice of Omnibus Rulemaking - Adoption of Pending Rule, p. 219
37-0000-2100F - Idaho Department of Water Resources and Idaho Resource Board Notice of Omnibus Rulemaking - Adoption of Pending Fee Rule, p. 257
37-0307-2101F - Stream Channel Alteration Rules, New Chapter, p. 436
37-0101-2101F - Rules of Procedure of the Idaho Department of Water Resources and Idaho Water Resource Board, New Chapter
32-0101-2100F - Notice of Omnibus Rulemaking (Fee Rule) – Proposed Rule – Endowment Fund Investment Board - pages 73-77.
26-0000-2100F - Notice of Omnibus Rulemaking - Pending Fee Rule – Department of Parks and Recreation
26-0000-2100 - Notice of Omnibus Rulemaking - Proposed Rule - Department of Parks and Recreation
- exclusion of Section 26.01.33-107.
15-0301-2100F - Notice of Omnibus Rulemaking - Proposed Rule - Idaho Forest Products Commission
58-0000-2100 - Notice of Omnibus Rulemaking - Proposed Rule - Department of Environmental Quality
58-0000-2100F - Notice of Omnibus Rulemaking (Fee Rule) - Proposed Rule -Department of Environmental Quality
31-0000-2100 - Review of Omnibus Rules - Idaho Public Utilities Commission
31-0101-2101 - Review of Omnibus Rules - Idaho Public Utilities Commission
34-0000-2100 - Omnibus Rules Review - Office of Secretary of State
34-0000-2100F - 2022 Pending Fee Rules - Secretary of State Office
38-0000-2100 - Proposed Omnibus Rules - Idaho Dept. of Administration
38-0000-2100F - Fee Rules review - Idaho Dept. of Administration
15-0400-2100 - Notice of Omnibus Rulemaking - Pending Rule – Division of Human Resources
24-0000-2100 - Notice of Omnibus Rulemaking – Proposed Rule – Idaho Division of Occasional and Professional Licenses
- 24.39.80 Minimum Safety Standards and Practices for Logging
24-0000-2100F - Notice of Omnibus Rulemaking (Fee Rule) – Proposed Rule - Idaho Division of Occasional and Professional Licenses
- 24.05.01 Drinking Water and Wastewater Professionals
- 24.32.01 Professional Engineers and Professional Land Surveyors
- 24.39.10 Idaho Electrical Board
- 24.39.20 Plumbing
- 24.39.30 Building Safety
- 24.39.31 Factory Built Structures
- 24.39.70 Installation of HVAC Systems
APPOINTMENTS
· Mike Edmondson ‘s appointed as the Administrator of the Office of Species Conservation was confirmed on Feb 15th, 2022. (SUPPORT)
· David Bobbitt of Coeur d'Alene, Idaho, was appointed as a member of the IDFG Commission (SUPPORT)
· John Hammond of Boise, Idaho, was appointed to the Public Utilities Commission
· Lori Wolff of Meridian, Idaho, was appointed as the Administrator of the Division of Human Resources
· John Chatburn of Boise, Idaho, was appointed to the Public Utilities Commission
· Roger Chase’s re-appointed to the Idaho Water Resource Board was confirmed on Feb 18th, 2022
· Dean Stevenson’s appointment to the Idaho Water Resource Board was confirmed on Feb 18th, 2022
· Brian Olmstead’s appointment to the Idaho Water Resource Board was confirmed on Feb 18th, 2022
· Jerry Aldape’s appointment to the Idaho Endowment Fund Investment Board was confirmed on Mar 1st, 2022.
· Robert Donaldson’s appointment to the Idaho Endowment Fund Investment Board was confirmed on Mar 1st, 2022.
· Gary Osborn’s re-appointment to the Idaho Transportation Board was approved by the Senate on March 8th, 2022.
· Mike Roach’s appointment to the Idaho Parks & Recreation Board was confirmed on March 8th, 2022.
· Randy Doman’s appointment to the Idaho Parks & Recreation Board was confirmed March 8th, 2022.
· Irving Littman’s appointment to the Endowment Fund Investment Board was confirmed on March 8th, 2022.