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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
|||| 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
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-
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-
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,
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
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
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 (2 23) 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 5 12
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
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-
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-
20 (f) One (1) member representing an entity which generates electrical
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
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
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-
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
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
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-
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
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.
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
52 (5) If the department of administration agrees with the determination of
53 the administrator that a condition identified constitutes an imminent safety
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
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-
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,
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-
16 49-420 CD. 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,
1 Chapter 226, Laws of 2002, be, and the same is hereby amended to read as fol-
3 49-420 CE. 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 (2 69) of this section.
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
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-
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
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-
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 (1 12) "Council" means the Idaho real estate education council.
33 (1 23) "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 (1 34) "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 (1 45) "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 (1 56) "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
1 underwriter or loan guarantor.
2 (1 67) "Executive director" means the executive director of the Idaho real
3 estate commission.
4 (1 78) "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
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-
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
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
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 (3 45) "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-
31 (3 89) "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-
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-
42 63-602 FFGG. 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-
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
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);
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
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;
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:
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-
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-
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.
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;
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;
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
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
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
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
There is no fiscal impact as a result of this bill.
Legislative Services Office
STATEMENT OF PURPOSE/FISCAL NOTE H 54