2003 Legislation
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HOUSE BILL NO. 54 – Codifier corrections

HOUSE BILL NO. 54

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H0054...........................................................by MR. SPEAKER
CODIFIER CORRECTIONS - Amends existing law to "clean up" various code sections
and subsections by renumbering those code sections or subsections that were
redesignated, as a result of multiple amendments to code sections during the
2002 legislative session, by the compiler of the Idaho Code.
                                                                        
01/06    House intro - 1st rdg - to printing
    Rpt prt - to St Aff
01/21    Rpt out - rec d/p - to 2nd rdg
01/22    2nd rdg - to 3rd rdg
01/23    3rd rdg - PASSED - 64-0-6
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
      Cuddy, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Harwood, Jaquet, Kellogg,
      Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,
      Miller, Mitchell, Moyle, Nacarrato, Nielsen, Raybould, Ridinger, Ring,
      Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Shepherd, Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman,
      Trail, Wills, Mr. Speaker
      NAYS -- None
      Absent and excused -- Black, Deal, Henbest, Jones, Schaefer, Wood
    Floor Sponsor - Miller
    Title apvd - to Senate
01/24    Senate intro - 1st rdg - to St Aff
01/28    Rpt out - rec d/p - to 2nd rdg
01/29    2nd rdg - to 3rd rdg
02/04    3rd rdg - PASSED - 30-0-5
      AYES -- Bailey, Bunderson, Burkett, Burtenshaw, Calabretta, Compton,
      Darrington, Davis, Gannon, Geddes, Hill, Ingram, Kennedy, Keough,
      Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh,
      Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Andreason, Brandt, Cameron, Goedde, Sorensen
    Floor Sponsor - Davis
    Title apvd - to House
02/05    To enrol
02/06    Rpt enrol - Sp signed
02/07    Pres signed
02/10    To Governor
02/12    Governor signed
         Session Law Chapter 16
         Effective: 02/12/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 54
                                                                        
                                       BY MR. SPEAKER
                                                                        
  1                                        AN ACT
  2    RELATING TO IDAHO CODE CODIFIER CORRECTIONS; AMENDING  SECTION  9-340C,  IDAHO
  3        CODE,  TO  PROVIDE A CORRECT CODE CITATION AND TO MAKE A TECHNICAL CORREC-
  4        TION; AMENDING THE HEADING FOR CHAPTER 51, TITLE 22, IDAHO CODE, AS  ADDED
  5        BY  SECTION  1,  CHAPTER  365,  LAWS  OF 2002, TO REDESIGNATE THE SECTION;
  6        AMENDING SECTION 22-5101, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER  365,
  7        LAWS  OF  2002,   TO  REDESIGNATE  THE SECTION;  AMENDING SECTION 22-5102,
  8        IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 365, LAWS OF 2002,  TO REDESIG-
  9        NATE THE SECTION; AMENDING SECTION 22-5103, IDAHO CODE, AS ADDED  BY  SEC-
 10        TION  1, CHAPTER 365, LAWS OF 2002, TO REDESIGNATE THE SECTION AND TO PRO-
 11        VIDE A CORRECT CODE CITATION; AMENDING SECTION  22-5104,  IDAHO  CODE,  AS
 12        ADDED  BY SECTION 1, CHAPTER 365, LAWS OF 2002, TO REDESIGNATE THE SECTION
 13        AND TO PROVIDE A CORRECT CODE CITATION; AMENDING  SECTION  22-5105,  IDAHO
 14        CODE,  AS  ADDED  BY SECTION 1, CHAPTER 365, LAWS OF 2002,  TO REDESIGNATE
 15        THE SECTION; AMENDING SECTION 22-5106, IDAHO CODE, AS ADDED BY SECTION  1,
 16        CHAPTER  365,  LAWS OF 2002,  TO REDESIGNATE THE SECTION; AMENDING SECTION
 17        39-6303, IDAHO CODE,  TO  MAKE  TECHNICAL  CORRECTIONS;  AMENDING  SECTION
 18        39-8008,  IDAHO  CODE,  TO  MAKE  TECHNICAL  CORRECTIONS; AMENDING SECTION
 19        49-402, IDAHO CODE, TO PROVIDE CORRECT CODE  CITATIONS;  AMENDING  SECTION
 20        49-420C,  IDAHO CODE, AS ADDED BY SECTION 2, CHAPTER 254, LAWS OF 2002, TO
 21        REDESIGNATE THE SECTION; AMENDING SECTION 49-420C, IDAHO CODE, AS ADDED BY
 22        SECTION 2, CHAPTER 226, LAWS OF 2002, TO REDESIGNATE THE SECTION; AMENDING
 23        SECTION 54-2004, IDAHO CODE, TO PROVIDE  CORRECT  CODE  CITATIONS  AND  TO
 24        MAKE  TECHNICAL CORRECTIONS; AMENDING SECTION 63-301A, IDAHO CODE, TO PRO-
 25        VIDE  TECHNICAL CORRECTIONS; AMENDING SECTION  63-602FF,  IDAHO  CODE,  AS
 26        ADDED BY SECTION 1, CHAPTER 162, LAWS OF 2002, TO REDESIGNATE THE SECTION;
 27        AMENDING  SECTION 63-3622O, IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS; AND
 28        DECLARING AN EMERGENCY.
                                                                        
 29    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 30        SECTION 1.  That Section 9-340C, Idaho Code, be, and the  same  is  hereby
 31    amended to read as follows:
                                                                        
 32        9-340C.  RECORDS  EXEMPT  FROM  DISCLOSURE  -- PERSONNEL RECORDS, PERSONAL
 33    INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE.  The  following  records
 34    are exempt from disclosure:
 35        (1)  Except  as  provided  in  this subsection, all personnel records of a
 36    current or former public official other than the public official's public ser-
 37    vice or employment history, classification, pay  grade  and  step,  longevity,
 38    gross  salary  and salary history, status, workplace and employing agency. All
 39    other personnel information relating to a public employee or applicant includ-
 40    ing, but not limited to, information  regarding  sex,  race,  marital  status,
 41    birth  date,  home  address  and  telephone  number, applications, testing and
 42    scoring materials, grievances,  correspondence  and  performance  evaluations,
 43    shall  not  be  disclosed  to the public without the employee's or applicant's
                                                                        
                                           2
                                                                        
  1    written consent. A public official or authorized  representative  may  inspect
  2    and  copy  his  personnel records, except for material used to screen and test
  3    for employment.
  4        (2)  Retired employees' and retired public officials' home addresses, home
  5    telephone numbers and other financial  and  nonfinancial  membership  records;
  6    active and inactive member financial and membership records and mortgage port-
  7    folio  loan  documents  maintained  by  the public employee retirement system.
  8    Financial statements prepared by retirement system staff, funding  agents  and
  9    custodians concerning the investment of assets of the public  employee retire-
 10    ment system of Idaho are not considered confidential under this chapter.
 11        (3)  Information  and records submitted to the Idaho state lottery for the
 12    performance of background investigations of employees, lottery  retailers  and
 13    major procurement contractors; audit records of lottery retailers, vendors and
 14    major  procurement  contractors  submitted  to or performed by the Idaho state
 15    lottery; validation and security tests of the state lottery for lottery games;
 16    business records and information submitted pursuant to sections 67-7412(8) and
 17    (9) and 67-7421(8) and (9), Idaho Code, and  such  documents  and  information
 18    obtained  and  held  for  the  purposes  of lottery security and investigative
 19    action as determined by lottery rules unless the public interest in disclosure
 20    substantially outweighs the private need for protection  from  public  disclo-
 21    sure.
 22        (4)  Records of a personal nature as follows:
 23        (a)  Records  of  personal  debt filed with a public agency or independent
 24        public body corporate and politic pursuant to law;
 25        (b)  Personal bank records compiled by a public depositor for the  purpose
 26        of public funds transactions conducted pursuant to law;
 27        (c)  Records  of  ownership  of financial obligations and instruments of a
 28        public agency or independent public body corporate and  politic,  such  as
 29        bonds,  compiled by the public agency or independent public body corporate
 30        and politic pursuant to law;
 31        (d)  Records, with regard to the ownership of, or security  interests  in,
 32        registered public obligations;
 33        (e)  Vital statistics records.
 34        (5)  Information  in  an  income  or other tax return measured by items of
 35    income or sales, which is gathered by a  public  agency  for  the  purpose  of
 36    administering  the  tax,  except such information to the extent disclosed in a
 37    written decision of the tax commission pursuant to a  taxpayer  protest  of  a
 38    deficiency  determination  by the tax commission, under the provisions of sec-
 39    tion 63-3045B, Idaho Code.
 40        (6)  Records of a personal nature related directly or  indirectly  to  the
 41    application for and provision of statutory services rendered to persons apply-
 42    ing for public care for the elderly, indigent, or mentally or physically hand-
 43    icapped,  or  participation in an environmental or a public health study, pro-
 44    vided the provisions of this subsection making records exempt from  disclosure
 45    shall  not  apply  to the extent that such records or information contained in
 46    those records are necessary for a background check on an  individual  that  is
 47    required by federal law regulating the sale of firearms, guns or ammunition.
 48        (7)  Employment  security  information  and unemployment insurance benefit
 49    information, except that all interested parties may agree to waive the  exemp-
 50    tion.
 51        (8)  Any  personal records, other than names, business addresses and busi-
 52    ness phone numbers, such as parentage, race, religion,  sex,  height,  weight,
 53    tax  identification  and  social  security numbers, financial worth or medical
 54    condition submitted to any public agency or independent public body  corporate
 55    and  politic pursuant to a statutory requirement for licensing, certification,
                                                                        
                                           3
                                                                        
  1    permit or bonding.
  2        (9)  Unless otherwise provided by agency  rule,  information  obtained  as
  3    part  of an inquiry into a person's fitness to be granted or retain a license,
  4    certificate, permit, privilege, commission or  position,  private  association
  5    peer  review  committee records authorized in title 54, Idaho Code. Any agency
  6    which has records exempt from disclosure under the provisions of this  subsec-
  7    tion  shall  annually  make  available a statistical summary of the number and
  8    types of matters considered and their disposition.
  9        (10) The records, findings, determinations and decisions of any prelitiga-
 10    tion screening panel formed under chapters 10 and 23, title 6, Idaho Code.
 11        (11) Complaints received by the board of medicine and  investigations  and
 12    informal  proceedings,  including informal proceedings of any committee of the
 13    board of medicine, pursuant to chapter 18, title 54,  Idaho  Code,  and  rules
 14    adopted thereunder.
 15        (12) Records  of  the  department of health and welfare or a public health
 16    district that identify a person infected with a reportable disease.
 17        (13) Records of hospital care, medical records,  including  prescriptions,
 18    drug  orders,  records or any other prescription information that specifically
 19    identifies an individual patient, prescription records maintained by the board
 20    of pharmacy under section 37-2730A, Idaho Code, records of psychiatric care or
 21    treatment and professional counseling records relating to an individual's con-
 22    dition, diagnosis, care or treatment, provided the provisions of this  subsec-
 23    tion  making records exempt from disclosure shall not apply to the extent that
 24    such records or information contained in those records  are  necessary  for  a
 25    background  check  on an individual that is required by federal law regulating
 26    the sale of firearms, guns or ammunition.
 27        (14) Information collected pursuant to the directory  of  new  hires  act,
 28    chapter 16, title 72, Idaho Code.
 29        (15) Personal  information  contained  in motor vehicle and driver records
 30    that is exempt from disclosure under the provisions of chapter  2,  title  49,
 31    Idaho Code.
 32        (16) Records  of  the financial status of prisoners pursuant to subsection
 33    (2) of section 20-607, Idaho Code.
 34        (17) Records of  the  Idaho  state  police  or  department  of  correction
 35    received  or  maintained  pursuant to section 19-5514, Idaho Code, relating to
 36    DNA databases and databanks.
 37        (18) Records of the department of health and welfare relating to a survey,
 38    resurvey or complaint investigation of a licensed nursing  facility  shall  be
 39    exempt  from disclosure. Such records shall, however, be subject to disclosure
 40    as public records as soon as the facility in question has received the report,
 41    and no later than the fourteenth day following the  date  that  department  of
 42    health  and  welfare  representatives officially exit the facility pursuant to
 43    federal regulations. Provided however, that for purposes  of  confidentiality,
 44    no  record  shall be released under this section which specifically identifies
 45    any nursing facility resident.
 46        (19) Records and information contained in the  registry  of  immunizations
 47    against childhood diseases maintained in the department of health and welfare,
 48    including  information disseminated to others from the registry by the depart-
 49    ment of health and welfare.
 50        (20)  Records of the Idaho housing and finance association (IHFA) relating
 51    to the following:
 52        (a)  Records containing personal financial, family, health or similar per-
 53        sonal information submitted to or otherwise obtained by the IHFA;
 54        (b)  Records submitted to or otherwise obtained by the IHFA with regard to
 55        obtaining and servicing mortgage loans and all  records  relating  to  the
                                                                        
                                           4
                                                                        
  1        review, approval or rejection by the IHFA of said loans;
  2        (c)  Mortgage portfolio loan documents;
  3        (d)  Records  of  a  current  or former employee other than the employee's
  4        duration of employment with the association, position held and location of
  5        employment. This exemption from disclosure does not include the  contracts
  6        of  employment  or any  remuneration, including reimbursement of expenses,
  7        of the executive director, executive  officers  or  commissioners  of  the
  8        association.  All  other  personnel information relating to an association
  9        employee or applicant including, but not limited to, information regarding
 10        sex, race, marital status, birth date, home address and telephone  number,
 11        applications,  testing  and scoring materials, grievances, correspondence,
 12        retirement plan information and performance evaluations, shall not be dis-
 13        closed to the public without the employee's or  applicant's  written  con-
 14        sent.  An  employee or authorized representative may inspect and copy that
 15        employee's personnel records, except for material used to screen and  test
 16        for  employment  or  material  not  subject to disclosure elsewhere in the
 17        Idaho public records act.
 18        (21) Records of the department of health and welfare related to child sup-
 19    port services in cases in which there is reasonable evidence of domestic  vio-
 20    lence,  as  defined  in  chapter 63, title 39, Idaho Code, that can be used to
 21    locate any individuals in the child support case except in response to a court
 22    order.
 23        (22) Records of the Idaho state bar lawyer's assistance  program  pursuant
 24    to  chapter  49,  title  54,  Idaho  Code, unless a participant in the program
 25    authorizes the release pursuant to  subsection  (4)  of  section  54-48014901,
 26    Idaho Code.
 27        (223) Records  and information contained in the trauma registry created by
 28    chapter 20, title 57, Idaho Code, together with any reports, analyses and com-
 29    pilations created from such information and records.
                                                                        
 30        SECTION 2.  That the Heading for Chapter 51,  Title  22,  Idaho  Code,  as
 31    added  by  Section  1,  Chapter 365, Laws of 2002,  be, and the same is hereby
 32    amended to read as follows:
                                                                        
 33                                     CHAPTER 512
 34                       CARBON SEQUESTRATION ADVISORY COMMITTEE
                                                                        
 35        SECTION 3.  That Section 22-5101, Idaho Code, as added by Section 1, Chap-
 36    ter 365, Laws of 2002, be, and the same is hereby amended to read as follows:
                                                                        
 37        22-51015201.  LEGISLATIVE INTENT. Increasing levels of carbon dioxide  and
 38    other  greenhouse  gases  in  the  atmosphere  have led to growing interest in
 39    national and international  forums  for  implementing  measures  to  slow  and
 40    reverse the buildup of such atmospheric constituents. Such measures may poten-
 41    tially include the establishment of systems of trading in credits for adoption
 42    of  practices,  technologies or other measures which decrease net emissions of
 43    carbon dioxide. Improved agricultural and timber production methods, soil  and
 44    forest  conservation  practices  and  other methods of stewardship of soil and
 45    other land resources have great potential to increase carbon sequestration  on
 46    agricultural and private forest lands and help offset carbon dioxide emissions
 47    from  other sectors of the economy. It is in the interest of agricultural pro-
 48    ducers, nonindustrial private forest landowners and the public in general that
 49    the soil conservation commission document and  quantify  carbon  sequestration
 50    and  greenhouse emissions reductions associated with agricultural and forestry
 51    practices, management systems and land uses occurring on cropland, forest land
                                                                        
                                           5
                                                                        
  1    and rangeland in Idaho. It is the intent of the legislature  that  efforts  to
  2    quantify and verify carbon sequestration on agricultural and forest lands will
  3    enhance the ability of the state's agricultural and nonindustrial private for-
  4    est  landowners to participate in any system of carbon sequestration marketing
  5    or trading.
                                                                        
  6        SECTION 4.  That Section 22-5102, Idaho Code, as added by Section 1, Chap-
  7    ter 365, Laws of 2002, be, and the same is hereby amended to read as follows:
                                                                        
  8        22-51025202.  CARBON SEQUESTRATION ADVISORY COMMITTEE CREATED  --  MEMBER-
  9    SHIP  --  COMPENSATION -- ADMINISTRATIVE ASSISTANCE. (1) The carbon sequestra-
 10    tion advisory committee is hereby created. The committee shall consist of  the
 11    following  sixteen  (16) members, to be appointed by and serve at the pleasure
 12    of the governor:
 13        (a)  The chairman of the soil conservation commission or his designee;
 14        (b)  The director of the department of agriculture or his designee;
 15        (c)  The director of the department of environmental quality or his desig-
 16        nee;
 17        (d)  The director of the department of lands or his designee;
 18        (e)  One (1) member representing the University of Idaho college of  agri-
 19        culture;
 20        (f)  One  (1)  member  representing  an  entity which generates electrical
 21        energy;
 22        (g)  Two (2) members who are producers of field crops, at least one (1) of
 23        whom actively employs a minimum tillage management system in  his  farming
 24        operation;
 25        (h)  Two  (2)  members who are producers of livestock, at least one (1) of
 26        whom is actively involved in implementing a rangeland improvement plan;
 27        (i)  One (1) member with expertise in carbon  sequestration  marketing  or
 28        trading;
 29        (j)  One  (1)  member representing soil conservation districts, as defined
 30        in section 22-2717, Idaho Code;
 31        (k)  One (1) member representing the biofuels industry;
 32        (l)  One (1) member representing the transportation industry;
 33        (m)  One (1) member representing an environmental protection or  conserva-
 34        tion organization; and
 35        (n)  One (1) member representing nonindustrial private forest landowners.
 36        (2)  Members  of the committee shall be compensated as provided in section
 37    59-509(b), Idaho Code.
 38        (3)  The soil conservation commission  shall  assist  the  committee  with
 39    administrative support as reasonably requested by the committee.
                                                                        
 40        SECTION 5.  That Section 22-5103, Idaho Code, as added by Section 1, Chap-
 41    ter 365, Laws of 2002, be, and the same is hereby amended to read as follows:
                                                                        
 42        22-51035203.  POWERS  AND DUTIES OF THE CARBON SEQUESTRATION ADVISORY COM-
 43    MITTEE. The carbon sequestration advisory committee may:
 44        (1)  Advise and assist the chairman of the soil conservation commission in
 45    preparing the reports required by this chapter and in conducting  the  assess-
 46    ment pursuant to section 22-51055205, Idaho Code;
 47        (2)  Recommend  policies or programs to enhance the ability of Idaho agri-
 48    cultural and nonindustrial private forest landowners to participate in systems
 49    of carbon trading. Such recommendations shall include  potential  policies  or
 50    programs  designed to optimize economic benefits to agricultural producers and
 51    nonindustrial private forest landowners participating in carbon trading trans-
                                                                        
                                           6
                                                                        
  1    actions. Such policies or programs may include, but are not limited to,  iden-
  2    tifying existing or the potential of creating nonprofit organizations or other
  3    public  or private entities capable of serving as assemblers of carbon credits
  4    or as intermediaries on behalf of producers in carbon trading systems;
  5        (3)  Encourage  the  production  of  educational  and  advisory  materials
  6    regarding carbon sequestration on agricultural and forest lands and participa-
  7    tion in systems of carbon or greenhouse emissions trading;
  8        (4)  Identify and recommend areas of research needed to better  understand
  9    and  quantify the processes of carbon sequestration on agricultural and forest
 10    lands; and
 11        (5)  Review the  carbon  sequestration  programs  and  policies  of  other
 12    states.
                                                                        
 13        SECTION 6.  That Section 22-5104, Idaho Code, as added by Section 1, Chap-
 14    ter 365, Laws of 2002, be, and the same is hereby amended to read as follows:
                                                                        
 15        22-51045204.  REPORTS  --  CONTENTS.  On  or  before February 1, 2003, the
 16    chairman of the soil conservation commission, in consultation with the  carbon
 17    sequestration  advisory  committee, shall prepare a report to the legislature.
 18    The report shall include, but not be limited to:
 19        (1)  The potential for development of a system or systems of carbon  emis-
 20    sions  trading  or  markets  for carbon sequestered on agricultural and forest
 21    land;
 22        (2)  Agricultural and forestry practices, management systems or land  uses
 23    which increase stored soil carbon;
 24        (3)  Methods  for measuring and modeling net carbon sequestration  associ-
 25    ated with various agricultural and forestry practices, management  systems  or
 26    land  uses occurring on agricultural and forest lands and legislation, if any,
 27    to define and protect property rights in and attendant  to  carbon  sequestra-
 28    tion;
 29        (4)  Areas  of  scientific  uncertainty  with  respect  to quantifying and
 30    understanding carbon sequestration associated with agricultural  and  forestry
 31    activities; and
 32        (5)  Any  recommendations  of  the carbon sequestration advisory committee
 33    developed pursuant to section 22-51035203, Idaho Code.
                                                                        
 34        SECTION 7.  That Section 22-5105, Idaho Code, as added by Section 1, Chap-
 35    ter 365, Laws of 2002, be, and the same is hereby amended to read as follows:
                                                                        
 36        22-51055205.  POWERS AND DUTIES OF THE CHAIRMAN. (1) In consultation  with
 37    the  carbon sequestration advisory committee, the chairman of the soil conser-
 38    vation commission shall assess agricultural and private forest lands in  Idaho
 39    for  past  carbon sequestration and future carbon sequestration potential. The
 40    assessment shall seek to quantify carbon sequestration associated with various
 41    agricultural and forestry practices, management systems and land  uses  occur-
 42    ring  on  agricultural  and  forest lands in this state. On or before March 1,
 43    2003, the chairman shall publish a report of the findings. From time to  time,
 44    the  chairman  may update the findings as advancements in understanding of the
 45    processes of carbon sequestration and new data become available.
 46        (2)  The assessment shall be conducted in a manner that  shall  provide  a
 47    means  for  owners of agricultural and forest land to estimate past and future
 48    net carbon sequestration resulting from agricultural and  forestry  practices,
 49    conservation  measures,  management  systems  and land uses occurring on their
 50    property. The chairman of the soil conservation commission  may  contract  and
 51    cooperate with the natural resources conservation service of the United States
                                                                        
                                           7
                                                                        
  1    department  of  agriculture  to  conduct assessment activities provided for in
  2    this section.
  3        (3)  The soil conservation commission may apply  for  and  accept  grants,
  4    gifts  or  other sources of public and private funds to carry out the purposes
  5    of this chapter.
                                                                        
  6        SECTION 8.  That Section 22-5106, Idaho Code, as added by Section 1, Chap-
  7    ter 365, Laws of 2002, be, and the same is hereby amended to read as follows:
                                                                        
  8        22-51065206.  CARBON  SEQUESTRATION  ASSESSMENT  FUND  CREATED.  There  is
  9    hereby created and established in the state treasury a fund to be known as the
 10    "Carbon Sequestration Assessment Fund," which shall  consist  of  such  funds,
 11    grants, donations or moneys from other sources. The fund shall be administered
 12    by the soil conservation commission in order to carry out the purposes of this
 13    chapter.  Moneys  in  the  fund may be expended pursuant to appropriation. Any
 14    interest earned on the investment of idle moneys in the fund shall be returned
 15    to the fund.
                                                                        
 16        SECTION 9.  That Section 39-6303, Idaho Code, be, and the same  is  hereby
 17    amended to read as follows:
                                                                        
 18        39-6303.  DEFINITIONS.  (1) "Domestic violence" means the physical injury,
 19    sexual abuse or forced imprisonment or threat thereof of a family or household
 20    member, or of a minor child by a person with whom the minor child has  had  or
 21    is  having  a  dating  relationship,  or of an adult by a person with whom the
 22    adult has had or is having a dating relationship.
 23        (2)  "Dating relationship," for the purposes of this chapter,  is  defined
 24    as a social relationship of a romantic nature. Factors that the court may con-
 25    sider in making this determination include:
 26        (a)  The nature of the relationship;
 27        (b)  The length of time the relationship has existed;
 28        (c)  The frequency of interaction between the parties; and
 29        (d)  The time since termination of the relationship, if applicable.
 30        (3)  "Family  member" means spouses, former spouses and persons related by
 31    blood, adoption or marriage.
 32        (4)  "Family dwelling" is any premises in which the petitioner resides.
 33        (5)  "Foreign protection order" means a protection order issued by a  tri-
 34    bunal of another state.
 35        (56)  "Household   member"  means  persons  who  reside  or  have  resided
 36    together, and persons who have a child in common regardless  of  whether  they
 37    have been married or have lived together at any time.
 38        (67)  "Judicial day" means any day upon which court business may be trans-
 39    acted as provided in sections 1-1606 and 1-1607, Idaho Code.
 40        (78)  "Protection  order"  means  any order issued for the purpose of pre-
 41    venting violent or threatening acts or acts of harassment against, or  contact
 42    or  communication  with,  or  physical proximity to, another person, where the
 43    order was issued:
 44        (a)  Pursuant to this chapter;
 45        (b)  In another jurisdiction pursuant to a provision  similar  to  section
 46        39-6306, Idaho Code; or
 47        (c)  In any criminal or civil action, as a temporary or final order (other
 48        than  a support or child custody order), and where the order was issued in
 49        a response to a criminal complaint, petition or  motion  filed  by  or  on
 50        behalf  of a person seeking protection, and issued after giving notice and
 51        an opportunity to respond to the person being restrained.
                                                                        
                                           8
                                                                        
  1        (89)  "Respondent" means the individual against whom enforcement of a pro-
  2    tection order is sought.
                                                                        
  3        SECTION 10.  That Section 39-8008, Idaho Code, be, and the same is  hereby
  4    amended to read as follows:
                                                                        
  5        39-8008.  ADDITIONAL  DUTIES  OF  ADMINISTRATOR  -- RIGHT OF INSPECTION --
  6    POSTING. (1) The administrator shall have  authority  under  this  section  to
  7    enter all public school facilities covered by this chapter at reasonable times
  8    to  inspect, on an annual basis, such facilities for compliance with the Idaho
  9    uniform school building safety code; provided however, that inspections  shall
 10    take  into  account the age of the school facilities and the appropriate codes
 11    that would have been in effect at the time of the construction of such facili-
 12    ties; provided further, that regardless of the codes in effect at the time  of
 13    construction,  imminent safety hazards found in public school facilities shall
 14    be identified and the provisions of this chapter  relating  to  such  imminent
 15    safety hazards shall apply.
 16        (2)  If  the  administrator  finds a violation of the Idaho uniform school
 17    building safety code that he concludes does not constitute an imminent  safety
 18    hazard  or  serious  safety hazard, he shall notify in writing the school dis-
 19    trict superintendent, principal, board member, or other person in charge. Such
 20    notification shall state, in bold print, that the citations for violations  or
 21    nonconformances constitute recommendations only.
 22        (3)  If  the  administrator  finds a violation of the Idaho uniform school
 23    building safety code that he concludes constitutes a serious safety hazard, he
 24    shall immediately issue a written order or notice requiring the school  super-
 25    intendent, principal, board of trustees or other person in charge to eliminate
 26    the condition without delay and within the time specified by the administrator
 27    in the notice or order, but not exceeding one (1) year.
 28        (4)  If  the  administrator  finds a violation of the Idaho uniform school
 29    building safety code that he concludes constitutes an imminent safety  hazard,
 30    he  shall immediately notify the department of administration and request that
 31    the department of administration designate a licensed professional   to  inde-
 32    pendently  evaluate the condition prior to issuing any report under this chap-
 33    ter. The department of administration shall, within two (2) working days, des-
 34    ignate a licensed professional to independently evaluate the condition identi-
 35    fied. That licensed professional shall, within fourteen  (14)  days,  complete
 36    its  independent  evaluation  of the condition identified by the administrator
 37    and notify the director of the department of  administration  of  its  conclu-
 38    sions.  If  the  administrator  determines  that the condition constituting an
 39    imminent safety hazard could reasonably be expected to cause death or  serious
 40    physical harm before the evaluation of the department of administration can be
 41    completed  and  before the condition can be eliminated, he shall determine the
 42    extent of the area where such condition exists and  thereupon  shall  issue  a
 43    written  order or notice requiring the school district superintendent, princi-
 44    pal, board of trustees or other person in charge to cause all persons,  except
 45    those  necessary  to  eliminate the condition, to be withdrawn from, and to be
 46    restrained from entering, such area pending the evaluation of  the  department
 47    of  administration.  This  order  shall  be withdrawn if the evaluation of the
 48    department of administration does not concur with the administrator  that  the
 49    condition  constitutes  an  imminent  safety  hazard  as  could  reasonably be
 50    expected to cause death or serious physical harm before the condition  can  be
 51    eliminated.
 52        (5)  If  the department of administration agrees with the determination of
 53    the administrator that a condition identified constitutes an  imminent  safety
                                                                        
                                           9
                                                                        
  1    hazard, the department of administration shall, within three (3) working days,
  2    so notify the administrator in writing.
  3        (6)  Upon receipt of such notification in writing, the administrator shall
  4    immediately  serve,  or  cause  to be served, written notice or order upon the
  5    school district superintendent, principal, board of trustees or  other  person
  6    in  charge describing the imminent safety hazard. The administrator shall also
  7    notify in writing the state superintendent of public instruction of such immi-
  8    nent safety hazard. Upon receipt of such written notice or order,  the  school
  9    district  superintendent,  principal,  board  of  trustees, or other person in
 10    charge shall require all changes necessary to eliminate  the  imminent  safety
 11    hazard be made, without delay and within the time specified by the administra-
 12    tor  in  the  notice  or order. If the condition presenting an imminent safety
 13    hazard is not corrected within the specified time,  or  if  the  administrator
 14    determines  that  the condition constituting such imminent safety hazard could
 15    reasonably be expected to cause death or serious physical harm before the con-
 16    dition can be eliminated, if he has not previously done so he shall  determine
 17    the  extent  of the area where such condition exists and thereupon shall issue
 18    an order or notice requiring the school  district  superintendent,  principal,
 19    board  member,  or  other  person in charge to cause all persons, except those
 20    necessary to eliminate  the  condition,  to  be  withdrawn  from,  and  to  be
 21    restrained from entering, such area. The school district superintendent, prin-
 22    cipal,  board member, or other person in charge shall assist the administrator
 23    as necessary to post such areas to prevent injury.
 24        (7)  If the administrator finds a violation of the  Idaho  uniform  school
 25    building safety code that he concludes constitutes a serious safety hazard and
 26    issues  a written order or notice requiring the conditions to be eliminated in
 27    not more than one (1) year, and the school superintendent, principal, board of
 28    trustees, or other person in charge contests the administrator's finding  that
 29    the  condition  is  a  serious  safety hazard, then the school superintendent,
 30    principal, board of trustees, or other person in charge  shall  have  fourteen
 31    (14)  days from the date of the  issuance of the administrator's written order
 32    or notice to request a hearing to initiate a contested case under chapter  52,
 33    title  67, Idaho Code. If a hearing is requested, the superintendent of public
 34    instruction shall appoint a hearing officer to consider  the  contested  case.
 35    All  administrative  proceedings  under  this subsection shall be expedited as
 36    necessary to assure that serious safety hazards are eliminated as required  by
 37    this  section  if  the  administrator's initial determination that there was a
 38    serious safety hazard is confirmed in the contested case proceedings.
 39        (8)  The administrator shall monitor the  school  district's  progress  in
 40    addressing  any  identified imminent safety hazard or serious safety hazard to
 41    ensure that appropriate corrective action was  taken.  The  administrator  may
 42    extend the time for completing corrective action if he deems necessary.
 43        (9)  Upon completion of corrective action and verification of such comple-
 44    tion  by the division of building safety and the department of administration,
 45    the administrator shall provide a report to the state superintendent of public
 46    instruction, the local superintendent of schools and the chair  of  the  local
 47    school board.
 48        (810)  Annual  inspections  of  public  school facilities conducted by the
 49    administrator under the provisions of this section shall be funded pursuant to
 50    legislative appropriation.
                                                                        
 51        SECTION 11.  That Section 49-402, Idaho Code, be, and the same  is  hereby
 52    amended to read as follows:
                                                                        
 53        49-402.  ANNUAL  REGISTRATION.    (1)  The  annual  fee for operating each
                                                                        
                                           10
                                                                        
  1    pickup truck and each other motor vehicle having a maximum gross weight not in
  2    excess of eight thousand (8,000) pounds shall be:
  3        Vehicles one (1) and two (2) years old ............................ $48.00
  4        Vehicles three (3) and four (4) years old ......................... $36.00
  5        Vehicles five (5) and six (6) years old ........................... $36.00
  6        Vehicles seven (7) and eight (8) years old ........................ $24.00
  7        Vehicles over eight (8) years old ................................. $24.00
  8        There shall be twelve (12) registration periods, starting in  January  for
  9    holders of validation registration stickers numbered 1, and proceeding consec-
 10    utively  through December for holders of validation registration stickers num-
 11    bered 12, each of which shall start on the first day of a calendar  month  and
 12    end  on  the last day of the twelfth month from the first day of the beginning
 13    month. Registration periods shall expire midnight on the last day of the  reg-
 14    istration  period  in  the  year  designated  by  the  validation registration
 15    sticker. The numeral digit on the validation registration stickers  shall,  as
 16    does  the  registration  card, fix the registration period under the staggered
 17    plate system of Idaho for the purpose of reregistration and notice of  expira-
 18    tion.
 19        A  vehicle  that  has once been registered for any of the above designated
 20    periods shall, upon reregistration, be registered for the period  bearing  the
 21    same  number,  and the registration card shall show and be the exclusive proof
 22    of the expiration date of registration and licensing.  Vehicles  may  be  ini-
 23    tially registered for less than a twelve (12) month period, or for more than a
 24    twelve (12) month period, and the fee prorated on a monthly basis if the frac-
 25    tional  registration tends to fulfill the purpose of the monthly series regis-
 26    tration system.
 27        (2)  For all school buses operated either by a nonprofit, nonpublic school
 28    or operated pursuant to a service contract with a school district  for  trans-
 29    porting  children    to  or  from school or in connection with school approved
 30    activities, the annual fee shall be twenty-four dollars ($24.00).
 31        (3)  For all motorcycles and all-terrain vehicles operated upon the public
 32    highways the annual fee shall be nine dollars ($9.00).  For  operation  of  an
 33    all-terrain  vehicle  or motorcycle off the public highways, the fee specified
 34    in section 67-7122, Idaho Code, shall be paid.  Registration  exemptions  pro-
 35    vided  in section 49-426(2) and (3), Idaho Code, apply to all-terrain vehicles
 36    and motorcycles used for the purposes described in subsections (2) and (3)  of
 37    section 49-426, Idaho Code.
 38        (4)  For  all  motor homes the fee shall be as specified in subsection (1)
 39    of this section and shall be in addition to the fees provided for  in  section
 40    49-445, Idaho Code.
 41        (5)  Registration fees shall not be subject to refund.
 42        (6)  A  financial  institution  or  repossession  service  contracted to a
 43    financial institution repossessing vehicles under  the  terms  of  a  security
 44    agreement  shall move the vehicle from the place of repossession to the finan-
 45    cial institution's place of business on a repossession plate. The repossession
 46    plate shall also be used for demonstrating the vehicle to a  prospective  pur-
 47    chaser for a period not to exceed ninety-six (96) hours. The registration fees
 48    for repossession plates shall be as required in subsection (1) of this section
 49    for  a  vehicle  one  (1) and two (2) years old. All other fees required under
 50    chapter 4, title 49, Idaho Code, shall be in addition to the registration fee.
 51    The repossession plate shall be issued on an annual basis by the department.
 52        (7)  In addition to the annual registration fee  in  this  section,  there
 53    shall  be an initial program fee of twenty-five dollars ($25.00) and an annual
 54    program fee of fifteen dollars ($15.00) for all special license plate programs
 55    for those license plates issued pursuant to sections 49-404A, 49-407,  49-408,
                                                                        
                                           11
                                                                        
  1    49-409,  49-414, 49-416 and 49-418, Idaho Code. For special plates issued pur-
  2    suant to sections 49-406 and 49-406A, Idaho Code, there shall  be  an  initial
  3    program  fee  of  twenty-five  dollars  ($25.00)  but there shall be no annual
  4    renewal fee. For special plates issued pursuant to sections  49-417,  49-417A,
  5    49-417B, 49-417C, 49-418A, 49-418B, 49-418C, 49-419, 49-419A, 49-420, 49-420A,
  6    49-420B,  and 49-420C, 49-420D and 49-420E, Idaho Code, there shall be an ini-
  7    tial program fee of thirty-five dollars ($35.00) and an annual program fee  of
  8    twenty-five  dollars  ($25.00). The fees contained in this subsection shall be
  9    applicable to all new special plate programs. The initial program fee and  the
 10    annual  program  fee shall be deposited in the state highway account and shall
 11    be used to fund the cost of administration of special license plate  programs,
 12    unless otherwise specified by law.
                                                                        
 13        SECTION  12.  That  Section  49-420C,  Idaho  Code, as added by Section 2,
 14    Chapter 254, Laws of 2002, be, and the same is hereby amended to read as  fol-
 15    lows:
                                                                        
 16        49-420CD.  APPALOOSA LICENSE PLATES. (1) On and after January 1, 2003, any
 17    person  who  is the owner of a vehicle registered under the provisions of sec-
 18    tion 49-402, Idaho Code, or registered under any other provision  of  law  for
 19    which  the  purchase of a special license plate is allowed, may apply for and,
 20    upon department approval, receive special Appaloosa license plates in lieu  of
 21    regular  license plates. The provisions of this section shall not apply to any
 22    vehicle with a registered maximum gross weight over sixteen thousand  (16,000)
 23    pounds.  Availability  of Appaloosa license plates for other vehicles shall be
 24    subject to the rules, policies and procedures of the department.
 25        (2)  In addition to the regular registration fee required  in  chapter  4,
 26    title    49,  Idaho  Code, the applicant shall be charged a fee of thirty-five
 27    dollars ($35.00) for the initial issuance of plates, and  twenty-five  dollars
 28    ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the
 29    initial  fee and ten dollars ($10.00) of the renewal fee shall be deposited in
 30    the state highway account and shall be used to fund the cost of administration
 31    of this special license plate program. Twenty-five dollars  ($25.00)  of  each
 32    initial  fee  and fifteen dollars ($15.00) of each renewal fee shall be trans-
 33    ferred by the state treasurer for deposit to the  Appaloosa  horse  club,  and
 34    shall  be  used  exclusively  for  the purpose of funding youth horse programs
 35    within the state of Idaho.
 36        (3)  Whenever title or interest in a vehicle registered under  the  provi-
 37    sions  of  this section is transferred or assigned, the owner may transfer the
 38    special plates to another vehicle upon payment of the required transfer  fees.
 39    The  owner  may only display the plates on another vehicle upon receipt of the
 40    new registration from the department.
 41        (4)  The Appaloosa license plate shall be of a color and design in  accor-
 42    dance  with the provisions of section 49-402C, Idaho Code. That portion of the
 43    design which features an Appaloosa shall be acceptable to the Appaloosa  horse
 44    club,  and shall be approved by the department utilizing a numbering system as
 45    determined by the department. Initial costs of the  plate  program,  including
 46    costs of plate design, shall be paid by the Appaloosa horse club.
 47        (5)  Sample  Appaloosa license plates may be purchased for a fee of thirty
 48    dollars ($30.00), ten dollars ($10.00) of which  shall  be  deposited  in  the
 49    state  highway  account  and  twenty dollars ($20.00) of which shall be trans-
 50    ferred to the Appaloosa horse club. No additional fee  shall  be  charged  for
 51    personalizing sample plates.
                                                                        
 52        SECTION  13.  That  Section  49-420C,  Idaho  Code, as added by Section 2,
                                                                        
                                           12
                                                                        
  1    Chapter 226, Laws of 2002, be, and the same is hereby amended to read as  fol-
  2    lows:
                                                                        
  3        49-420CE.  IDAHO  CORVETTE  PLATES.  (1) On and after January 1, 2003, any
  4    person who is the owner of a vehicle registered under the provisions  of  sec-
  5    tion  49-402,  Idaho  Code,  or  registered under any other section of law for
  6    which the purchase of special plates  is  allowed,  may  apply  for  and  upon
  7    department  approval  receive special Idaho corvette license plates in lieu of
  8    regular license plates.
  9        (2)  The provisions of this section shall not apply to any vehicle with  a
 10    registered  maximum  gross  weight  over  twenty-six thousand (26,000) pounds.
 11    Availability of Idaho corvette license plates for other vehicles shall be sub-
 12    ject to the rules, policies and procedures of the department.
 13        (3)  In addition to the regular registration fee required  in  chapter  4,
 14    title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dol-
 15    lars  ($35.00)  for  the  initial  issuance of plates, and twenty-five dollars
 16    ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the
 17    initial fee and ten dollars ($10.00) of the renewal fee shall be deposited  in
 18    the state highway account and shall be used to fund the cost of administration
 19    of  this  special  license plate program. Twenty-five dollars ($25.00) of each
 20    initial fee and fifteen dollars ($15.00) of each renewal fee shall  be  trans-
 21    ferred by the state treasurer to the valley corvettes charitable support fund,
 22    and shall be used exclusively for the purpose of supporting charitable activi-
 23    ties within the state of Idaho.
 24        (4)  Whenever  title  or interest in a vehicle registered under the provi-
 25    sions of this section is transferred or assigned, the owner may  transfer  the
 26    special plates to another  vehicle upon payment of the required transfer fees.
 27    The  owner  may only display the plates on another vehicle upon receipt of the
 28    new registration from the department.
 29        (5)  The Idaho corvette license plate shall be of a color and design  com-
 30    parable  to  the standard issue of license plates with blue numerals on a red,
 31    white and blue background, except that the word "Idaho" shall appear  on  each
 32    plate and the county designator shall be omitted to provide for distinguishing
 33    designs  and slogans, acceptable to the valley corvettes of Idaho, to be added
 34    to the plate. The design shall be approved by the department and shall utilize
 35    a numbering system as determined by the department. Initial costs of the plate
 36    program, including costs  of  plate  design,  shall  be  paid  by  the  valley
 37    corvettes of Idaho.
 38        (6)  Sample  Idaho  corvette  license plates may be purchased for a fee of
 39    thirty dollars ($30.00), ten dollars ($10.00) of which shall be  deposited  in
 40    the state highway account and twenty dollars ($20.00) of which shall be trans-
 41    ferred  to  the valley corvettes charitable support fund. Initial costs of the
 42    plate program, including costs of plate design, shall be paid  by  the  valley
 43    corvettes charitable support fund.
                                                                        
 44        SECTION  14.  That Section 54-2004, Idaho Code, be, and the same is hereby
 45    amended to read as follows:
                                                                        
 46        54-2004.  DEFINITIONS. As used in this chapter:
 47        (1)  "Active license" means the status of a real estate license  that  has
 48    not been inactivated, expired, terminated, suspended or revoked.
 49        (2)  "Associate  broker"  means an individual who has qualified personally
 50    as a real estate broker in Idaho under this chapter, but  is  licensed  under,
 51    associated  with  and represents a designated broker in the performance of any
 52    act described in subsection (269) of this section.
                                                                        
                                           13
                                                                        
  1        (3)  "Branch office" means an office operated by a  licensed  real  estate
  2    broker  or  licensed  legal  business entity, separate and apart from the main
  3    office. A branch office may be licensed or unlicensed, in accordance with this
  4    chapter.
  5        (4)  "Brokerage agreement" means  a  written  contract  between  a  buyer,
  6    seller,  or  both,  and a real estate brokerage for agency representation in a
  7    regulated real estate transaction.
  8        (5)  "Brokerage company" means a real estate business, whether a sole pro-
  9    prietorship, a legal entity, or any other  licensed  person  engaged  in  acts
 10    requiring  a  real estate license in Idaho, and which is conducting or holding
 11    itself out as conducting the business of real estate through a designated bro-
 12    ker.
 13        (6)  "Business name" means the name in  which  the  brokerage  company  is
 14    licensed by the commission.
 15        (7)  "Business  opportunity"  means  and includes an established business,
 16    good will of an established business, or any interest therein, or any one  (1)
 17    or  combination  thereof,  where  a  sale  or  transfer of an interest in land
 18    including, but not limited to, an assignment of a lease, is  involved  in  the
 19    transaction.
 20        (8)  "Commission"  means the Idaho real estate commission, unless the con-
 21    text clearly indicates a different meaning.
 22        (9)  "Convicted" means a plea of nolo contendere or guilty, a jury verdict
 23    of guilty or a court decision of guilt whether or not a judgment  or  sentence
 24    has been imposed, withheld or suspended.
 25        (10) "Cooperative sale" means a transaction involving two (2) or more bro-
 26    kers.
 27        (11) "Core course" means, in reference to a real estate course offering, a
 28    course containing curriculum, identified by the commission, that stresses cur-
 29    rent  trends  in  real  estate  practices  and  changes in laws in real estate
 30    related industries. A core course must contain no more than four (4) classroom
 31    hours of instruction.
 32        (112) "Council" means the Idaho real estate education council.
 33        (123) "Dealer in options" means any person, firm, partnership, association
 34    or corporation who shall directly or indirectly take, obtain or use options to
 35    purchase, exchange, lease option or lease purchase real property or any inter-
 36    est therein for another or others whether or not the options shall be  in  his
 37    or  its  name  and whether or not title to the property shall pass through the
 38    name of the person, firm, partnership, association or corporation  in  connec-
 39    tion  with the purchase, sale, exchange, lease option or lease purchase of the
 40    real property, or interest therein.
 41        (134) "Designated broker" means an individual who is licensed  as  a  real
 42    estate  broker  in  Idaho and who is designated by the brokerage company to be
 43    responsible for the supervision of the brokerage company and the activities of
 44    any associated licensees in accordance with this chapter.
 45        (145) "Distance learning course" means,  in  relation  to  a  real  estate
 46    course offering, a real estate course that is delivered, not as a live course,
 47    but through a medium in which the instructor and student are separated by dis-
 48    tance or time.
 49        (156) "Double  contract"  means  two (2) or more written or unwritten con-
 50    tracts of sale, purchase and sale agreements, loan applications, or any  other
 51    agreements,  one (1) of which is not made known to the prospective loan under-
 52    writer or the loan guarantor, to enable the buyer to obtain a larger loan than
 53    the true sales price would allow, or to enable the buyer to qualify for a loan
 54    which he or she otherwise could not obtain. An agreement or  loan  application
 55    is  not  made  known unless it is disclosed in writing to the prospective loan
                                                                        
                                           14
                                                                        
  1    underwriter or loan guarantor.
  2        (167) "Executive director" means the executive director of the Idaho  real
  3    estate commission.
  4        (178) "Expired  license"  means  the  status of a license when the license
  5    period has expired and the license  is  not  renewed  or  provisional  license
  6    granted, and before the license is terminated.
  7        (18)(17)(19) "Fee  or  commission"  means  a  payment, actual, promised or
  8    expected, as compensation for the performance of  any  act  requiring  a  real
  9    estate license.
 10        (19)(20) "Inactive  license"  means  the  status  of a license that is not
 11    expired, terminated, suspended or revoked, and during  which  inactive  period
 12    the  license holder is not authorized to act as or associate with a designated
 13    broker.
 14        (20)(18)(21) "Legal business entity" means and includes any type of corpo-
 15    ration, partnership, limited liability company or limited  liability  partner-
 16    ship, a governmental entity, trust or other entity capable of conducting busi-
 17    ness.
 18        (21)(19)(22) "Licensee"  means  any  person  who is licensed in accordance
 19    with this chapter to engage in the business or act in  the  capacity  of  real
 20    estate broker, associate broker or real estate salesperson.
 21        (22)(20)(23) "Limited  broker" means a broker individually qualified to do
 22    business in Idaho, but who may not  have  associate  brokers  or  salespersons
 23    licensed with that broker.
 24        (23)(21)(24) "Live  presentation"  means,  in  reference  to a real estate
 25    course offering, a real estate course that  is  personally  presented  by  the
 26    instructor and personally attended by the student at the same facility.
 27        (24)(22)(25) "Main  office"  means  the principal location where  the real
 28    estate broker is licensed to transact business.
 29        (25)(23)(26) "Person" means and includes an individual, or any legal busi-
 30    ness entity.
 31        (26)(24)(27) "Primary Idaho license" means an Idaho  real  estate  license
 32    that  is  not  contingent  upon  continuance  of a license in another state or
 33    jurisdiction.
 34        (27)(25)(28) "Provisional license" means an extension  of  the  period  of
 35    active  licensure,  beyond the licensee's expiration date, granted by the com-
 36    mission for the purpose of allowing the licensee to  complete  the  continuing
 37    education  requirements  set  forth in section 54-2023, Idaho Code, or for any
 38    other purpose allowed by this chapter.
 39        (28)(26)(29) "Real estate broker" means and includes:
 40        (a)  Any person other than a real estate  salesperson,  who,  directly  or
 41        indirectly,  while acting for another, for compensation or a promise or an
 42        expectation thereof, engages in any of the following: sells, lists,  buys,
 43        or  negotiates,  or  offers  to sell, list, buy or negotiate the purchase,
 44        sale, option or exchange of real estate or any interest therein  or  busi-
 45        ness opportunity or interest therein for others;
 46        (b)  Any actively licensed broker while, directly or indirectly, acting on
 47        the broker's own behalf;
 48        (c)  Any person who represents to the public that the person is engaged in
 49        any of the above activities;
 50        (d)  Any  person  who directly or indirectly engages in, directs, or takes
 51        any part in the procuring of prospects, or in the negotiating  or  closing
 52        of  any  transaction  which  does or is calculated to result in any of the
 53        acts above set forth;
 54        (e)  A dealer in options as defined in this section.
 55        (29)(27)(30) "Real estate salesperson" or "salesperson" means  any  person
                                                                        
                                           15
                                                                        
  1    who  has qualified and is licensed as a real estate salesperson in Idaho under
  2    this chapter, and is licensed under, associated with, and represents a  desig-
  3    nated   broker   in  the  performance  of  any  act  described  in  subsection
  4    (28)(26)(29) of this section.
  5        (30)(31) "Real estate settlement procedures act"  means  the  real  estate
  6    settlement procedures act of 1974, as amended, 12 U.S.C. section 2601 et seq.,
  7    and as in effect on January 1, 2001.
  8        (31)(28)(32) "Reciprocal  license" means an Idaho real estate license that
  9    is issued pursuant to the terms of a specific,  written  reciprocal  agreement
 10    between  Idaho  and another state or jurisdiction, and that is contingent upon
 11    the licensee's maintaining a license in the other state or jurisdiction.
 12        (32)(29)(33) "Regulated real estate transaction" means those  real  estate
 13    transactions  for  which  a  real estate license is required under chapter 20,
 14    title 54, Idaho Code.
 15        (33)(30)(34) "Responsible broker" means the designated broker in the regu-
 16    lated real estate transaction who is responsible for the accounting and trans-
 17    action files for the transaction, in the manner described in section  54-2048,
 18    Idaho Code.
 19        (345) "Revoked  license" means a license that has been permanently revoked
 20    by the issuing authority.
 21        (35)(31)(36) "Sales associate" means a salesperson or an associate  broker
 22    licensed under and associated with a designated broker.
 23        (36)(32)(37) "State  or  jurisdiction" means and includes any of the fifty
 24    (50) states and any foreign jurisdiction that issue real estate licenses  sub-
 25    stantially similar to those provided for in this chapter.
 26        (37)(33)(38) "Successfully completed" means, in reference to a real estate
 27    course  offering,  completing  all required course hours and, except where the
 28    licensee seeks continuing education credit for having regularly  attended  the
 29    live  presentation  of  a course, passing a commission-approved final examina-
 30    tion.
 31        (389) "Surrendered license" means a license that has been voluntarily ter-
 32    minated or surrendered by a licensee who, at the time of the voluntary  termi-
 33    nation  or surrender, was under investigation or named in a formal administra-
 34    tive complaint.
 35        (39)(34)(40) "Suspended license" means a license that has been temporarily
 36    suspended by the issuing authority.
                                                                        
 37        SECTION 15.  That Section 63-301A, Idaho Code, be, and the same is  hereby
 38    amended to read as follows:
                                                                        
 39        63-301A.  NEW  CONSTRUCTION  ROLL. (1) The county assessor shall prepare a
 40    new construction roll, which shall be in addition to the property roll,  which
 41    new construction roll shall show:
 42        (a)  The name of the taxpayer;
 43        (b)  The  description  of  the new construction, suitably detailed to meet
 44        the requirements of the individual county;
 45        (c)  A description of the land and its change in use, suitably detailed to
 46        meet the needs of the individual county;
 47        (d)  The amount of taxable market value added to the property on the  cur-
 48        rent  year's property roll that is directly the result of new construction
 49        or a change in use of the land or both.
 50        (2)  As soon as possible, but in any event by no later than the first Mon-
 51    day in June, the new construction roll shall be certified to the county  audi-
 52    tor  and a listing showing the amount of value on the new construction roll in
 53    each taxing district or unit be forwarded to the state  tax  commission.  Pro-
                                                                        
                                           16
                                                                        
  1    vided  however,  the value shown in subsection (3)(f) of this section shall be
  2    reported to the appropriate county auditor by the state tax commission by  the
  3    third  Monday  in July and the value sent by the county auditor to each taxing
  4    district. The value established pursuant to subsection (3)(f) of this  section
  5    is subject to correction by the state tax commission until the first Monday in
  6    September  and  any  such  corrections shall be sent to the appropriate county
  7    auditor, who shall notify any affected taxing districts.
  8        (3)  The value shown on the new construction roll may  include  the  value
  9    increase from:
 10        (a)  Construction of any new structure that previously did not exist; or
 11        (b)  Additions or alterations to existing nonresidential structures; or
 12        (c)  Installation  of new or used manufactured housing that did not previ-
 13        ously exist within the county; or
 14        (d)  Change of land use classification; or
 15        (e)  Property newly taxable as a result of loss of the exemption  provided
 16        by section 63-602W, Idaho Code; or
 17        (f)  The  construction of any improvement or installation of any equipment
 18        used for or in conjunction with the  generation  of  electricity  and  the
 19        addition  of  any  improvement or equipment intended to be so used, except
 20        property that has a value allocated or  apportioned  pursuant  to  section
 21        63-405, Idaho Code, or that is owned by a cooperative  or municipality, as
 22        those  terms  are defined in section 61-332A, Idaho Code, or that is owned
 23        by a public utility, as that term is defined  in  section  61-332A,  Idaho
 24        Code,  owning  any  other  property  that  is allocated or apportioned. No
 25        replacement equipment or improvements may be included.; or
 26        (fg)  Increases in value over the base  value  of  property  on  the  base
 27        assessment  roll  within an urban renewal revenue allocation area that has
 28        been terminated pursuant to section 50-2909(4), Idaho Code, to the  extent
 29        that  this increment has not been previously included on any new construc-
 30        tion rolls, provided however, the increased value during the existence  of
 31        the  revenue  allocation  area is due to changes identified in subsections
 32        (a) through (e) of this subsection.
 33        (4)  The amount of taxable market value of new construction shall  be  the
 34    change  in  net taxable market value that is attributable directly to new con-
 35    struction or a change in use of the land or loss of the exemption provided  by
 36    section  63-602W(3),  Idaho  Code. It shall not include any change in value of
 37    existing property that is due to external market forces  such  as  general  or
 38    localized inflation.
                                                                        
 39        SECTION  16.  That  Section  63-602FF,  Idaho Code, as added by Section 1,
 40    Chapter 162, Laws of 2002, be, and the same is hereby amended to read as  fol-
 41    lows:
                                                                        
 42        63-602FFGG.  PROPERTY  EXEMPT FROM TAXATION -- LOW-INCOME HOUSING OWNED BY
 43    NONPROFIT ORGANIZATIONS. (1) As provided in this section,  low-income  housing
 44    owned by nonprofit organizations shall be exempt from taxation.
 45        (2)  In  order  to qualify as a nonprofit organization under this section,
 46    an organization must demonstrate that:
 47        (a)  It is organized as a nonprofit corporation  pursuant  to  chapter  3,
 48        title  30,  Idaho  Code,  or pursuant to equivalent laws in the applicable
 49        state of incorporation; and
 50        (b)  It has received an exemption from taxation from the internal  revenue
 51        service pursuant to section 501(c)(3) of the Internal Revenue Code; and
 52        (c)  No  proceeds  or tax benefits of the organization or from the low-in-
 53        come housing property owned by the organization shall inure to  any  indi-
                                                                        
                                           17
                                                                        
  1        vidual or for-profit entity other than normal employee compensation.
  2        (3)  In  order  to qualify for the exemption provided in this section, the
  3    low-income housing property shall meet the following qualifications:
  4        (a)  Both legal and equitable title to the property is solely owned by the
  5        nonprofit organization seeking the exemption and is managed by  the  owner
  6        or a related nonprofit organization qualifying for the exemption set forth
  7        in section 63-602C, Idaho Code; and
  8        (b)  Tenants  shall not be evicted based upon their inability to pay for a
  9        period of three (3) months if such inability  is  due  to  a  catastrophic
 10        event that is not under the tenant's control. For purposes of this subsec-
 11        tion,  "catastrophic  event"  means a medical condition or injury in which
 12        sudden, serious and unexpected symptoms of illness or  injury  are  suffi-
 13        ciently  severe  to  render the tenant unable to participate in employment
 14        and such illness or injury has been certified by one (1) or more  licensed
 15        physicians  and/or  psychiatrists or psychologists. The term "catastrophic
 16        event" does not apply to individuals  who  voluntarily  remove  themselves
 17        from the workforce; and
 18        (c)  Except  for a manager's unit, all of the housing units in the low-in-
 19        come  housing property are dedicated to low-income housing in the  follow-
 20        ing manner: Fifty-five percent (55%) of the units shall be rented to those
 21        earning sixty percent (60%) or less of the median income for the county in
 22        which  the  housing is located; twenty percent (20%) of the units shall be
 23        rented to those earning fifty percent (50%) or less of the  median  income
 24        of  the  county  in  which the housing is located; and twenty-five percent
 25        (25%) of the units shall be rented to those earning thirty  percent  (30%)
 26        or  less  of  the  median  income  for  the county in which the housing is
 27        located.
 28        (4)  The exemption provided in this section shall not apply:
 29        (a)  If the project is financed after the effective date of this  act  and
 30        applicable law permits the payment of property taxes with federal or state
 31        funds, grants, loans or subsidies; or
 32        (b)  If  the  property  is  receiving federal project-based assistance, as
 33        provided by 42 U.S.C. sections 1437f(d)(2), 1437f(f)(6) and  1437f(o)(13);
 34        or
 35        (c)  To  any  property used by a taxpayer to qualify for tax credits under
 36        the provisions of 26 U.S.C. chapter 42 or  any  successor  programs  until
 37        such  time  as the property is solely owned by a nonprofit organization as
 38        defined in this section and is no longer utilized to receive  federal  tax
 39        credits.
 40        (5)  Notwithstanding  any  other  provision  of this section, a low-income
 41    housing property shall be exempt from taxation due to undue hardship if:
 42        (a)  The property was financed prior to the effective date  of  this  act;
 43        and
 44        (b)  Such  financing was dependent upon the tax-exempt status of the prop-
 45        erty; and
 46        (c)  The law does not allow additional federal or  state  revenues  to  be
 47        available for the payment of property taxes.
 48        (6)  Nothing  in this section shall affect the qualification of properties
 49    for tax-exempt status under other provisions of title 63, Idaho Code.
                                                                        
 50        SECTION 17.  That Section 63-3622O, Idaho Code, be, and the same is hereby
 51    amended to read as follows:
                                                                        
 52        63-3622O.  EXEMPT PRIVATE AND PUBLIC ORGANIZATIONS. (1) There are exempted
 53    from the taxes imposed by this chapter:
                                                                        
                                           18
                                                                        
  1        (a)  Sales to or purchases by hospitals, health-related  entities,  educa-
  2        tional  institutions,  forest  protective associations and canal companies
  3        which are nonprofit organizations; and
  4        (b)  Donations to, sales to, and purchases by  the  Idaho  Foodbank  Ware-
  5        house, Inc.; and
  6        (c)  Donations  to, sales to, and purchases by food banks or soup kitchens
  7        of food or other tangible personal property used by  food  banks  or  soup
  8        kitchens  in the growing, storage, preparation or service of food, but not
  9        including motor vehicles or trailers; and
 10        (d)  Sales of clothes to,  donations  of  clothes  to,  and  purchases  of
 11        clothes by nonsale clothiers; and
 12        (e)  Sales to or purchases by centers for independent living; and
 13        (f)  Sales  to or purchases by the state of Idaho and its agencies and its
 14        political subdivisions; and
 15        (g)  Sales to or purchases by volunteer fire departments or licensed emer-
 16        gency medical service agencies.; and
 17        (gh)  Sales to or purchases by a qualifying senior citizen center.
 18        (2)  As used in this section, these words shall have the  following  mean-
 19    ings:
 20        (a)  "Educational  institution"  shall  mean nonprofit colleges, universi-
 21        ties, public charter schools organized pursuant to chapter 52,  title  33,
 22        Idaho  Code, and other  primary and secondary schools, the income of which
 23        is devoted solely to education and in which systematic instruction in  the
 24        usual  branches  of  learning  is  given. This definition does not include
 25        schools primarily teaching business, dancing, dramatics, music,  cosmetol-
 26        ogy,  writing,  gymnastics, exercise and other special accomplishments nor
 27        parent-teacher associations, parent  groups,  alumni  or  other  auxiliary
 28        organizations  with  purposes  related  to  the educational function of an
 29        institution or collective group of institutions.
 30        (b)  "Hospital" shall include nonprofit institutions licensed by the state
 31        for the care of ill persons. It shall not extend to nursing homes or simi-
 32        lar institutions.
 33        (c)  "Health-related entities" shall mean the Idaho Cystic Fibrosis  Foun-
 34        dation,  Idaho  Epilepsy  League,  Idaho Lung Association, March of Dimes,
 35        American  Cancer  Society,  Mental  Health  Association,  The   Arc,   The
 36        Children's Home Society of Idaho, American Heart Association, Idaho Ronald
 37        McDonald House, United Cerebral Palsy, Arthritis Foundation, Muscular Dys-
 38        trophy  Foundation,  National  Multiple  Sclerosis Society, Rocky Mountain
 39        Kidney Association, American Diabetes  Association,  Easter  Seals,  Idaho
 40        Community  Action  Agencies,  Idaho Primary Care Association and community
 41        health centers who are members of the Idaho Primary Care Association,  the
 42        Idaho  Diabetes  Youth Programs, Special Olympics Idaho, the Idaho Women's
 43        and Children's Alliance, and the Family  Services  Alliance  of  Southeast
 44        Idaho,  together  with  said entities' local or regional chapters or divi-
 45        sions.
 46        (d)  "Canal companies" shall  include  nonprofit  corporations  which  are
 47        incorporated  solely  for the purpose of operating and maintaining and are
 48        engaged solely in operation and maintenance of dams,  reservoirs,  canals,
 49        lateral and drainage ditches, pumps or pumping plants.
 50        (e)  "Forest  protective  associations" shall mean associations whose pur-
 51        pose is the furnishing, operating and maintaining of a  protective  system
 52        for  the  detection,  prevention and suppression of forest or range fires.
 53        Forest protective associations shall include only those associations  with
 54        which  the state of Idaho has contracted or become a member of pursuant to
 55        chapter 1, title 38, Idaho Code.
                                                                        
                                           19
                                                                        
  1        (f)  "Food banks or soup kitchens" shall mean any nonprofit corporation or
  2        association, other than the Idaho Foodbank Warehouse, Inc., one  of  whose
  3        regular activities is the furnishing or providing of food or food products
  4        to others without charge.
  5        (g)  "Nonsale  clothier"  shall mean any nonprofit corporation or associa-
  6        tion one of whose primary purposes  is  the  furnishing  or  providing  of
  7        clothes to others without charge.
  8        (h)  "Clothes"  shall mean garments in general, designed or intended to be
  9        worn by humans and shall include footwear in addition to wearing apparel.
 10        (i)  "Center for independent living" shall mean a private, nonprofit, non-
 11        residential organization in which at least fifty-one percent (51%) of  the
 12        principal  governing board, management and staff are individuals with dis-
 13        abilities and that:
 14             (i)   Is designed and operated within a local community by  individu-
 15             als with disabilities;
 16             (ii)  Provides  an array of independent living services and programs;
 17             and
 18             (iii) Is cross-disability.
 19        (j)  "Political subdivision" means:
 20             (i)    A governmental organization which:
 21                  1.  Embraces a certain territory,
 22                  2.  Is organized for public advantage and not in the interest of
 23                  private individuals or classes,
 24                  3.  Has been delegated functions of government, and
 25                  4.  Has the statutory power to levy taxes; or
 26             (ii)   A public health district  created  by  section  39-408,  Idaho
 27             Code; or
 28             (iii)  A  soil  conservation  district as defined in section 22-2717,
 29             Idaho Code; or
 30             (iv)   A drainage district created pursuant to chapter 29, title  42,
 31             Idaho Code; or
 32             (v)    An  irrigation  district  created  pursuant to title 43, Idaho
 33             Code; or
 34             (vi)   A state grazing board created by section 57-1204, Idaho  Code;
 35             or
 36             (vii)  A  water  measurement  district  created  pursuant  to section
 37             42-705 or 42-706, Idaho Code; or
 38             (viii) A ground water management district created pursuant to chapter
 39             51, title 42, Idaho Code.
 40        (k)  "Agency of the state of Idaho" shall mean an office  or  organization
 41        created  by  the constitution or statutes of this state and constituting a
 42        component part of the executive, judicial or  legislative  branch  of  the
 43        government of this state.
 44        (l)  "Volunteer  fire  department"  means  an  entity  exempt from federal
 45        income taxation pursuant to section 501(c)(3) of the Internal Revenue Code
 46        and which primarily provides fire protection, or fire prevention on a not-
 47        for-profit basis to surrounding residents.
 48        (m)  "Licensed emergency medical service agency (EMS)" means an  emergency
 49        medical service licensed by the EMS bureau of the department of health and
 50        welfare and  which is exempt from federal income taxation pursuant to sec-
 51        tion  501(c)(3)  of the Internal Revenue Code and which provides emergency
 52        medical services on a not-for-profit basis to surrounding residents.
 53        (ln)  "Qualifying senior citizen  center"  means  an  entity  exempt  from
 54        income  tax pursuant to section 501(c)(3) of the Internal Revenue Code and
 55        which is a community facility for the  organization  and  provision  of  a
                                                                        
                                           20
                                                                        
  1        broad  spectrum  of  services,  which  shall  include  provision of health
  2        (including mental health), social, nutritional, and  educational  services
  3        and  the  provision  of  facilities  for recreational activities for older
  4        individuals.
  5        (3)  The exemption granted by subsection (1)(f) of this section  does  not
  6    include any association or other organization whose members are political sub-
  7    divisions or state agencies unless the organization is expressly created under
  8    the joint powers provision of sections 67-2328 through 67-2333, Idaho Code.
  9        (4)  The  exemptions  granted  by  subsection  (1)  of this section do not
 10    include the use of tangible personal property by a contractor used to  improve
 11    real  property of an exempt entity when such use is within the definition pro-
 12    vided by section 63-3615(b), Idaho Code, whether  the  use  tax  liability  is
 13    included in a contract total or stated separately in a contract.
 14        (5)  There is exempted from the taxes imposed in this chapter, the renting
 15    of a place to sleep to an individual by the Idaho Ronald McDonald House.
                                                                        
 16        SECTION  18.  An  emergency  existing  therefor, which emergency is hereby
 17    declared to exist, this act shall be in full force and effect on and after its
 18    passage and approval.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                             RS 12373

The purpose of this bill is to make various codifier corrections to
the Idaho Code.  In the course of a legislative session, multiple
amendments to a single code section, chapter or title are
frequently passed.  Occasionally, these multiple amendments result
in conflicting numbering of sections or subsections.  In addition,
in some instances, separate sections of the code contain citations
to sections or subsections which contain conflicting numbering due
to multiple amendments.  Conflicting citation numbering is
identified at the time session laws for any given year are
incorporated into the existing code.  Sections or subsections
containing conflicting numbering are redesignated by the codifier. 
Redesignated code citations are set forth in brackets following
citations as set forth in session laws.  The bracketed citation
remains in the code until the affected section undergoes a future
amendment and then, at that time, a correction to the citation
number is made.  This method of indicating codifier corrections is
often confusing to the reader.  Rather than waiting for future
amendment to the various affected sections, this bill compiles
those code sections affected in the 2002 legislative session that
contain conflicting numbering so that the designations may be
promptly corrected.

                          FISCAL NOTE
There is no fiscal impact as a result of this bill.


CONTACT:
Katharine Gerrity
Legislative Services Office
334-4850




STATEMENT OF PURPOSE/FISCAL NOTE                       H 54