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Below is a summary of new Idaho Laws enacted by the State Legislator
2012 AIC Legislative Tracker
New Idaho Laws
House Bill 368 Stateside Interoperability Executive Council
The bill would extend the sunset clause for the Statewide Interoperability Executive Council from December 2012 to December 2018, provide representation to district interoperable governance boards on the SIEC and make technical corrections.
House Bill 405 Electronic Cigarettes
The bill would ban the sale of electronic cigarettes, which are devices that provide inhaled doses of nicotine by vaporized solution, to minors.
House Bill 448 Peace Officer Standards & Training, Fee
The bill would increase the fee on every felony, misdemeanor, traffic, conservation and ordinance violation for the Peace Officers Standards and Training Fund from $10 to $15.
House Bill 450 State Alcohol License Fees, Dedicated for Enforcement
The bill would dedicate approximately $1.5 million from state-issued alcohol license fees to the Idaho State Police Alcohol Beverage Control for enforcement of alcohol laws.
House Bill 464 Oil & Gas Regulation, Local Authority
The Idaho Oil & Gas Conservation Commission will provide notice of proposed oil or gas wells to the city or county with jurisdiction. The bill preempts the authority of cities and counties to regulate oil and natural gas exploration and production with the limited exception of the exercise of the authority granted under the Local Land Use Planning Act. Cities and counties may enact regulations to protect public health, public safety, and public order; to prevent harm to public infrastructure; or degradation of the value, use and enjoyment of private property; as long as such regulations do not actually or operationally prohibit the extraction of oil and gas or the construction or operation of facilities and infrastructure needed for post-extraction processing and transportation.
House Bill 466 Idaho Plumbing Code, Amendments
The bill would adopt and Idaho Plumbing Code comprised of the Uniform Plumbing Code together with amendments adopted by the Plumbing Code Board through the negotiated rulemaking process. The bill would provide cities the opportunity to amend the code, following notice and hearing and finding of good cause for such amendments, as long as the amendments offer at least an equivalent level of protection to the Uniform Plumbing Code. Cities may not adopt any plumbing code other than the Uniform Plumbing Code.
House Bill 519 Property Tax Exemption, Decrease in New Construction Roll
The bill would provide an exemption for property tax purposes for value created by site improvements such as roads and utilities until construction of building begins or title is conveyed from the developer. Any reduction in value resulting from the exemption will reduce the value of the new construction roll. The bill declares an emergency and would take effect immediately upon passage by the legislature and signature by the Governor.
House Bill 532 Peace Officer Standards & Training, Facility Fees
The bill would provide authority for the Peace Officer Standards & Training Council to collect fees for use of dormitories, training equipment and facilities by private entities and by law enforcement agencies for purposes other than basic training.
House Bill 539 State Video Franchising
The bill would provide for the issuance of franchises by the Idaho Secretary of State for video service providers; establish provisions relating to regulation and management of rights-of-way; define “gross revenue” and grandfather a city’s definition of gross revenue in a franchise agreement in effect on July 1, 2012 for any state certificate of franchise authority issued in the future; provide for collection of franchise fees of up to 5 percent of gross revenue; and provide for channel capacity for public, educational and governmental use.
House Bill 607 PERSI, Employee Definition
The bill would amend the definition of “employee” for the purpose of participation in the Public Employee Retirement System of Idaho to exclude persons working up to eight consecutive months in a calendar year with a city, county, irrigation district, cemetery district or mosquito abatement district, when the local government certifies in writing to PERSI that the position is (1) seasonal or casual; and (ii) affected by weather. The bill replaced House Bill 445.
House Bill 608 Water Rights, Treatment & Disposal
The bill would clarify that no water right is required for a city, sewer district or regional treatment facility for the collection, treatment, storage or disposal (including land application) of effluent which occurs in response to state or federal regulatory requirements. If land application occurs on lands not identified as a place of use for an existing irrigation water right, the entity must provide notice to the Department of Water Resources.
House Bill 619 Speed Limits on State Highways through Cities
The bill would eliminate authority for cities to lower speed limits set by the Idaho Transportation Department for portions of state highways located within cities.
House Bill 691 Special Use Permits, Waiver of Zoning Standards
The bill would authorize exceptions or waivers of zoning standards by issuance of a special use permit or by administrative process specified by ordinance, subject to such conditions as may be imposed pursuant to local ordinance. The bill would also require individual notice to property owners or purchasers of record within the subject parcel and within 300 feet of the external boundaries of the subject parcel. If a special use permit is sought of an exception to height requirements, notice shall be given to property owners and purchasers of record within an area of at least three times the height of the structure when the structure is more than 100 feet, and within at least one mile of the structure when the height of the structure is at least 400 feet. The bill replace House Bill 614.
House Bill 1274 Texting while Driving Prohibited
The bill would prohibit texting while driving, and provide exemption for emergency responders in the performance of their duties, and operation of hands free devices. Violation would be an infraction.
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