Legislative Review

Official Idaho Legislature Data: https://legislature.idaho.gov/sessioninfo/2021/legislation/minidata/

Last Updated: 2/5/2021

 

H0001 Name Disasters, governor’s powers
Recommendation SUPPORT
Status Introduced 1/13
Reason We support the removal of governmental impediments to free trade. Political freedom and escape from tyranny demand that individuals not be unreasonably constrained by government in the crossing of political boundaries. Economic freedom demands the unrestricted movement of human as well as financial capital across national borders. Individuals own their bodies and have rights over them that other individuals, groups, and governments may not violate. Individuals have the freedom and responsibility to decide what they knowingly and voluntarily consume, and what risks they accept to their own health, finances, safety, or life. Parents, or other guardians, have the right to raise their children according to their own standards and beliefs, provided that the rights of children to be free from abuse and neglect are also protected.
Purpose This proposed legislation restores the separation and balance of powers between the executive and legislative branches of government. Specifically, this legislation ensures that all Idahoans have the right to work, provide for their families and contribute to the economy during any emergency disaster declaration. The legislation also limits the length of emergency disaster declarations to a maximum of 30 days unless extended by a legislative concurrent resolution. All constitutional rights guaranteed by the United States Constitution and the Constitution of the State of Idaho, and explicitly the right to assemble for worship, are definitively protected in this legislation. The legislation clarifies that the governor may not alter, adjust or suspend Idaho Code during a disaster declaration. And finally, this legislation terminates all currently existing emergency disaster declarations that have existed longer than 30 days.
Fiscal Impact There is no expected fiscal impact to the General Fund, nor to any other state or local budgets or agencies. This legislation allows the legislature to extend disaster declar
Contact Representative Jason A. Monks (208) 332-1000


H0002 Bond, levy elections, disclosures
Recommendation SUPPORT
Status Introduced 1/14
Reason "This proposal will require additional transparency in the cost of bonds and levy's on taxpayers.
The Libertarian Party advocate for individual privacy and government transparency. "
Purpose To ensure transparency in bond and levy elections by ensuring full disclosure of anticipated tax increases to voters and precluding additional distracting information about other bond and levy obligations which are not included in the ballot question.
Fiscal Impact This will have no impact on the general fund as it is a limitation on bond and levy ballot question language and requires no resources. Likewise, there will be no fiscal impact on local entities as it requires no additional resources
Contact Representative Ron Nate (208) 332-1000 Senator Doug Ricks (208) 332-1000


H0003 Child protection, neglected
Recommendation SUPPORT
Status Introduced 1/14
Reason "This proposal will clarify the right to ""free range"" parenting by redefining neglect from ""without proper parental care and control"" to ""without necessary parental care and control"". Parents, or other guardians, have the right to raise their children according to their own standards and beliefs, provided that the rights of children to be free from abuse and neglect are also protected.""

Parents, or other guardians, have the right to raise their children according to their own standards and beliefs, provided that the rights of children to be free from abuse and neglect are also protected."
Purpose Amends existing law to revise the definition of “neglected.” | The Reasonable Childhood Independence Act. Currently, Idaho's open-ended definition of neglect leaves parents exposed to frivolous allegations of neglect or even unnecessary actions taken by authorities. As the law stands, parents could get into trouble just for letting their kids play outside. This Act will protect families across the economic spectrum by affirming parents' rights to let their kids: Walk to and from school and other places Play outside Be home alone for a reasonable amount of time Remain in a vehicle if it isn't dangerously hot or cold Engage in similar independent activities except if the parent is showing conscious disregard of a child's safety. The proposed law clarifies that child neglect be defined as actually putting kids in obvious danger or denying them truly necessary care and does not include normal actions by parents for encouraging reasonable childhood independence activities.
Fiscal Impact n/a
Contact Representative Ron Nate (208) 332-1000

H0004 Disasters, parental rights
Recommendation SUPPORT
Status Introduced 1/14
Reason "This proposal clarifies that an emergency declaration or natural disaster are not sufficient reasons, to interfere with parental rights. Individuals own their bodies and have rights over them that other individuals, groups, and governments may not violate. Individuals have the freedom and responsibility to decide what they knowingly and voluntarily consume, and what risks they accept to their own health, finances, safety, or life. Parents, or other guardians, have the right to raise their children according to their own standards and beliefs, provided that the rights of children to be free from abuse and neglect are also protected."
Purpose Amends existing law to provide that emergency or disaster declarations shall not be considered a compelling governmental interest sufficient to restrict parental rights.
Fiscal Impact There is no fiscal impact to the General Fund, any other state fund, or any local jurisdiction. Implementation of this legislation will not prohibit state action against families and does not require any enforcement.
Contact Representative Sage G. Dixon (208) 332-1185

H0005 Hands-free devices
Recommendation OPPOSE
Status PASSED 1/29
Reason This legislation is amended with a single word, “hands-free” to the exclusion of global positioning or navigation systems feathers of mobile electronic devices. The existing law already includes a provision that the “operator of the vehicle is not manually entering information into the global positioning or navigation system feature of the device” This single word will unfairly punish lower income drivers. The restriction to accessing mapping devices has the potential of causing more distraction to drivers; not less.
Purpose This legislation clarifies the intent of Idaho Code 49-1401A(2)(c) that the use of a global positioning or navigation system feature of a mobile electronic device by the operator of a motor vehicle is permissible provided it is hands-free use.
Fiscal Impact There is no fiscal impact. No funds are needed to clarify Idaho Code.
Contact Jeff Neumeyer, Executive VP, United Heritage (208) 475-0919

H0006 Tax appeals, hearings
Recommendation SUPPORT
Status Introduced 1/19
Reason "In support of the Red Tape Reduction Act - any removal of unnecessary, unuseful, outdated, or redundant legislation is in alliance with our support for freedom and transparency.

Libertarians advocate individual privacy and government transparency. "
Purpose Consistent with the Governor's Red Tape Reduction Act, this bill seeks to eliminate inactive provisions of law. Eliminating Idaho Code section 3809(3) and the last sentence of Idaho Code section 3809(4) helps further the governor's objective to reduce unnecessary regulations. Subsection (3) serves no substantive purpose and has never been used. In short, this subsection is not needed. The last sentence of subsection (4) is duplicative because the BTA's administrative rules already provide the procedural framework for parties seeking a continuance of a tax appeal hearing. Continuances are more of a procedural matter s
Fiscal Impact There is no fiscal impact. This idea simply removes unnecessary and duplicative portions of Idaho Code.
Contact Cindy Pollock Board of Tax Appeals (208) 334-3354

SCR 103 Isolation order, terminated
Recommendation SUPPORT
Status Introduced 1/28
Reason We support the removal of governmental impediments to free trade. Political freedom and escape from tyranny demand that individuals not be unreasonably constrained by government in the crossing of political boundaries. Economic freedom demands the unrestricted movement of human as well as financial capital across national borders.
Purpose The purpose of this Resolution is to terminate the order of isolation issued by the Governor and Director of Health & Welfare dated December 30, 2020. This legislation clarifies the definitions of isolation and quarantine to accurately determine the scope of Idaho Code 56-1003(7) as it relates to the order of isolation currently in effect. The legislation also encourages the citizens to use the information given by the Idaho Department of Health & Welfare as recommended guidelines.
Fiscal Impact There is minimal impact to the General Fund. There could be a small positive impact because administrative costs will be reduced.
Contact Senator Steve Vick (208) 332-1000 Senator Kelly Arthur Anthon (208) 332-1303

S1029 Sales, use tax, internet sales
Recommendation OPPOSE
Status Introduced 1/22
Reason We support voluntary dealings among private entities. Parties should be free to choose with whom they trade and set whatever trade terms are mutually agreeable. We support any initiative to reduce or abolish any tax, and oppose any increase on any tax for any reason. To the extent possible, we advocate that all public services be funded in a voluntary manner.
Purpose As people continue to buy more online, our brick and mortar sales tax revenue and our general fund is jeopardized. One of the effects of the pandemic and Amazon moving into our state is that more people are choosing to shop online. Originally, it was believed that we would accrue approximately $50 million in the Wayfair Fund, instead we are looking at $180 million in the Wayfair Fund. This also means our counties and municipalities are not getting their share of collected sales tax. We need to move this online sales tax into the general fund sooner than we anticipated.
Fiscal Impact "This would not change overall revenues to the state. It simply transfers revenues from the Wayfair fund to the
general fund."
Contact Senator Janie Ward-Engelking (208) 332-1425

H0012 H0012 Short-term rentals, tax
Recommendation OPPOSE
Status Introduced 1/20
Reason As respect for property rights is fundamental to maintaining a free and prosperous society, it follows that the freedom to contract to obtain, retain, profit from, manage, or dispose of one’s property must also be upheld. Libertarians would free property owners from government restrictions on their rights to control and enjoy their property, as long as their choices do not harm or infringe on the rights of others. Eminent domain, civil asset forfeiture, governmental limits on profits, governmental production mandates, and governmental controls on prices of goods and services (including wages, rents, and interest) are abridgements of such fundamental rights. For voluntary dealings among private entities, parties should be free to choose with whom they trade and set whatever trade terms are mutually agreeable. We advocate that all public services be funded in a voluntary manner.
Purpose This bill relates to sales tax. The bill adds language to the short-term rental statutes, 63-1803 and 63-1804, Idaho Code to clarify that short-term Idaho real property rentals are not subject to the marketplace facilitator statutes. The 2017 short term rental statute, enacted with HB 216, contains a requirement for property owners to register, collect, and remit taxes - including sales tax, travel and convention, and any local-option taxes applicable. HB 259, the Marketplace Facilitator and Remote Retailer enacted in 2019 created a new separate registration required for marketplace facilitators and remote retailers. Short-term rental property owners are confused about whether HB 259 applies to them. This will eliminate that confusion.
Fiscal Impact There is no fiscal impact to this bill. The same amount of tax is due; this is a clarification of how those taxes are administered and collected.
Contact Tom Shaner Tax Commission (208) 334-7518

S1028 Minimum wage, increase
Recommendation OPPOSE
Status Introduced 1/22
Reason "As respect for property rights is fundamental to maintaining a free and prosperous society, it follows that the freedom to contract to obtain, retain, profit from, manage, or dispose of one’s property must also be upheld. Libertarians would free property owners from government restrictions on their rights to control and enjoy their property, as long as their choices do not harm or infringe on the rights of others. Eminent domain, civil asset forfeiture, governmental limits on profits, governmental production mandates, and governmental controls on prices of goods and services (including wages, rents, and interest) are abridgements of such fundamental rights. For voluntary dealings among private entities, parties should be free to choose with whom they trade and set whatever trade terms are mutually agreeable.

We advocate that all public services be funded in a voluntary manner."
Purpose This legislation increases the minimum wage from the current federal minimum wage of $7.25 per hour to $10.00 effective July 1, 2021, to $12.50 effective July 1, 2022, and to $15.00 effective July 1, 2023. It also raises the minimum tipped wage to $5.00 per hour effective July 1, 2021, $6.25 effective July 1, 2022, and to $7.50 effective July 1, 2023. Additionally, this legislation eliminates a lower training wage for teenagers and permits counties to set a higher minimum wage.
Fiscal Impact The increase in general fund revenue is estimated to be a minimum of $840,000. Additional wages for minimum wage workers and added economic activity resulting from higher wages will result in increased revenue for state government.
Contact Senator Grant Burgoyne (208) 332-1000

H0054 Plastic bags
Recommendation OPPOSE
Status Introduce 1/28
Reason This bill will allow local municipalities to impose a ban on plastic bags from businesses. However, as seen in California, this ban will negatively impact small businesses while large corporations find exceptions. We reject any measure that will put an undue cost of burden on the "little guy". Libertarians want all members of society to have abundant opportunities to achieve economic success. A free and competitive market allocates resources in the most efficient manner. Each person has the right to offer goods and services to others on the free market. The only proper role of government in the economic realm is to protect property rights, adjudicate disputes, and provide a legal framework in which voluntary trade is protected. All efforts by government to redistribute wealth, or to control or manage trade, are improper in a free society.
Purpose This legislation repeals existing code that preempts local regulation of auxiliary containers such as plastic bags restoring local control.
Fiscal Impact There is no fiscal impact to the General Fund or to county or other local government funds. This legislation gives local government control over the ability to govern regulation of auxiliary containers such as plastic bags which will have no impact on costs.
Contact Representative Ilana Rubel (208) 332-1000

S1041 Excessive prices, emergencies
Recommendation SUPPORT
Status Introduced 1/26
Reason As respect for property rights is fundamental to maintaining a free and prosperous society, it follows that the freedom to contract to obtain, retain, profit from, manage, or dispose of one’s property must also be upheld. Libertarians would free property owners from government restrictions on their rights to control and enjoy their property, as long as their choices do not harm or infringe on the rights of others. Eminent domain, civil asset forfeiture, governmental limits on profits, governmental production mandates, and governmental controls on prices of goods and services (including wages, rents, and interest) are abridgements of such fundamental rights. For voluntary dealings among private entities, parties should be free to choose with whom they trade and set whatever trade terms are mutually agreeable.
Purpose This legislation specifies that the statute prohibiting excessive pricing during a declared emergency applies to exorbitant or excessive increased prices to the consumer rather than to the margin between wholesale and retail prices.
Fiscal Impact There is no fiscal impact to the General Fund because no additional personnel or administrative costs are required by this clarification to Idaho Code.
Contact Senator Jim Guthrie (208) 332-1348 Jeremy Chou (208) 388-1200 Kenneth McClure (208) 388-1200

H0007 Idle moneys, gold, silver
Recommendation SUPPORT
Status Introduced 1/19
Reason December 11, 1971, in Colorado Springs, Colorado. The founding of the party was prompted in part due to concerns about the Nixon administration, the Vietnam War, conscription, and the end of the gold standard. Former Libertarian Party Chair Mark Hinkle commented, “Taking the dollar off the gold standard has allowed the Federal Reserve to manipulate and devalue the dollar, and that’s one reason our economy is in such trouble today. That, coupled with foolish wars and an unsustainable entitlement system supported by both the Democrats and Republicans, is why the Libertarian Party is more important today than ever before.”.
Purpose By adding physical gold and silver to 67-1210, Idaho Code, the State Treasurer is permitted to hold some portion of state funds in physical gold and silver to help secure state assets against the risks of inflation and financial turmoil and/or to achieve capital gains as measured in Federal Reserve Notes. The new authority is confined to holding gold and silver directly and in a manner that does not assume the counterparty risks involved with other current state holdings, such as corporate bonds, treasury bills, and other debt instruments. This measure does not empower the State Treasurer to invest in paper instruments, futures contracts, or other gold and silver derivatives. The authority is confined to physical gold and silver, directly owned by the state and stored in a secure depository.
Fiscal Impact This will have no direct impact on the general fund as it grants a permission for the Treasurer to invest state idle moneys in precious metals. There may be some increases to the general fund as investments may lead to larger returns and serve as a stronger hedge against inflation. There will be no fiscal impact on local entities, because this is strictly a state treasurer permission.
Contact Representative Ron Nate (208) 332-1000 Senator Steve Vick (208) 332-1000

S1027 Idaho wrongful conviction act
Recommendation SUPPORT
Status Introduced 1/22
Reason Libertarians believe that the existing justice system is seriously flawed. Libertarians want to see crimes that are truly crimes prosecuted and punished. Libertarians also want behavior that does not involve force or fraud legalized and dealt with outside the criminal justice system. We want to see justice for victims and also justice for the accused and convicted. The rights of every person matter and we must not turn a blind eye to the rights of the accused or the convicted. We support restitution to the victim to the fullest degree possible at the expense of the criminal or the negligent wrongdoer. The constitutional rights of the criminally accused, including due process, a speedy trial, legal counsel, trial by jury, and the legal presumption of innocence until proven guilty, must be preserved. We assert the common-law right of juries to judge not only the facts but also the justice of the law. We oppose the prosecutorial practice of “overcharging” in criminal prosecutions so as to avoid jury trials by intimidating defendants into accepting plea bargains.
Purpose "When the government unjustly takes an Idahoan’s freedom by putting him in prison for a crime he didn't commit, there is currently no process to compensate him for the years he lost. Wrongful convictions rob a person of time he can never get back and also deprive the innocent person of the chance to be a meaningful part of his family, build a career, or even buy a car. When an innocent person is exonerated and released from prison, just trying to cover the basics becomes a struggle. Exonerations can occur when new evidence is presented or when new science proves that old evidence was invalid. However, Idaho is one of only 15 states where an exonerated person is left completely on his own after he is released from prison. An exoneree is not even provided the same transition benefits the state offers to someone released from prison after completing a sentence. This bill would create an exoneree compensation law in Idaho. The bill is similar to one passed by the Idaho Legislature in 2020, with a few notable differences. This version of the bill would provide $62,000 per year of wrongful incarceration, or $75,000 per year served on death row, as well as a process for how to make a claim for compensation. Anyone forced to wrongfully serve parole on the sex offender registry would be provided an additional $25,000 per year. Exonerees would be given a two-year window to file a claim
from the time they were formally exonerated by a court. This bill provides $2,000 more per year than the bill approved in 2020, but does not include non-monetary services such as free health insurance, college tuition, housing assistance and other things included in the 2020 bill. Finally, the bill includes a provision to offset state compensation with any civil awards or settlements paid to exonerees through separate court action. While no amount of money can make up for the years an innocent person lost behind bars, this bill is an important step in repairing the damage to the wrongfully convicted."
Fiscal Impact According to the National Registry of Exonerations, there have been six exonerations in Idaho in the last 30 years. Four of those six would be eligible for compensation under this bill. In other states with these laws, about 50% of eligible people file claims and about 70% of those claims are approved. This bill does not automatically compensate anyone. If the four people described above apply and are approved, the maximum total impact to the state budget would be a one-time cost of $3,768,000. (That amount could be reduced if any of the exonerees win a separate compensation claim in a civil court. Three of the four have already done so, and we estimate that the overall cost could be reduced by $2 million as a result.) The fiscal impact going forward is unknown, as there are no pending exonerations of which we are aware. Future awards would be appropriated on an as-needed basis as long as someone met the strict eligibility requirements set forth in the bill.
Contact Senator Doug Ricks (208) 332-1000

S1030 Sexual orientation, gender identity
Recommendation SUPPORT
Status Introduced 1/22
Reason "Libertarians embrace the concept that all people are born with certain inherent rights. We condemn bigotry as irrational and repugnant. Members of private organizations retain their rights to set whatever standards of association they deem appropriate, and individuals are free to respond with ostracism, boycotts, and other free market solutions.

Libertarians believe that government should neither deny nor abridge any individual’s human right based upon sex, wealth, ethnicity, creed, age, national origin, personal habits, political preference, or sexual orientation. This bill enhances state guidelines to be in line with the federal Civil Rights Act of 1964, ensuring that the government and its infrastructures can not discriminate. "
Purpose This legislation adds the words "sexual orientation" and "gender identity" to the Idaho Human Rights Act, provides definitions for these terms, and amends the stated purpose of the Act consistent with the legislation's other amendments.
Fiscal Impact No fiscal impact. The IHRC already has structure in place to accept discrimination complaints.
Contact "Senator Melissa Wintrow (208) 332-1000"

H0015 Property taxes
Recommendation SUPPORT
Status Received from the House passed 1/28
Reason This bill will extend property tax due dates to allow for a sufficient time period to allow for appeals. However, Taxation is still theft.
Purpose This bill relates to property tax administration. The main purpose is to make some minor edits and remove obsolete language to make the laws easier to read and understand. This bill changes the due date for an assessment notice to be sent to a property owner on the subsequent property roll from the fourth Monday in November to the third Monday in November. The fourth Monday is the due date for any appeals to be filed making an appeal almost impossible. Approximately 99.5% of properties are included in the main property rolls. The subsequent property rolls account for less than 1/2 of 1 percent of properties in the state. The number of appeals within that group is even smaller. This bill removes an obsolete reference to the "widow's exemption" in Code section 50-1008.
Fiscal Impact There is no fiscal impact expected with this date change. The same amount of tax will be owed and collected. Appeals to the sub roll value are rare. An appeal does not change the levy rate. This bill would remove a conflict of the dates but is not expected to result in any fiscal impact. The widow's exemption was replaced by the property tax relief or circuit breaker in 1972. There is no fiscal impact to deleting language that has not been used in almost 50 years.
Contact Tom Shaner Tax Commission (208) 334-7518

H0008 Bond, levy, ballot disclosures
Recommendation SUPPORT
Status Introduced 1/19
Reason This proposal will require additional transparency in the cost of bonds and levy's on taxpayers. Libertarians advocate individual privacy and government transparency.
Purpose To ensure transparency in bond and levy elections by ensuring full disclosure of anticipated tax increases to voters and precluding additional distracting information about other bond and levy obligations which are not impacted by the outcome of the ballot question. The legislation also provides for nullification and penalty if provisions are violated.
Fiscal Impact This will have no impact on the general fund as it is a limitation on bond and levy ballot question language and requires no resources. Likewise, there will be no fiscal impact on local entities as it requires no additional resources.
Contact Representative Ron Nate (208) 332-1000 Sen. Doug Ricks (208) 332-1000

HCR 001 Disaster declaration ended
Recommendation SUPPORT
Status Introduced 1/13
Reason We support the removal of governmental impediments to free trade. Political freedom and escape from tyranny demand that individuals not be unreasonably constrained by government in the crossing of political boundaries. Economic freedom demands the unrestricted movement of human as well as financial capital across national borders.
Purpose "Following the requirements of 46-1008, this Concurrent Resolution ends the existing state of disaster emergency
in Idaho."
Fiscal Impact This Resolution does not impact CARES Act funding. This Resolution would impact FEMA funding and a few other national programs. This would have a positive impact to the Federal budget.
Contact Representative Heather Scott (208) 332-1000

S1044 Eminent domain, limitation
Recommendation SUPPORT
Status Introduced 1/28
Reason We deny the right of any government to do these things, and hold that where governments exist, they must not violate the rights of any individual: namely, the right to property — accordingly we oppose all government interference with private property, such as confiscation, nationalization, and eminent domain, and support the prohibition of robbery, trespass, fraud, and misrepresentation. Since governments, when instituted, must not violate individual rights, we oppose all interference by government in the areas of voluntary and contractual relations among individuals. People should not be forced to sacrifice their lives and property for the benefit of others. They should be left free by government to deal with one another as free traders; and the resultant economic system, the only one compatible with the protection of individual rights, is the free market.
Purpose Currently in Idaho, urban renewal boards may, but are not required to, be elected by the citizens, and either way they have the power of eminent domain. These boards are created by a municipality whose governance, be it city council or county commission, are elected by the people and also have the power of eminent domain. This bill seeks to remove the power of eminent domain from unelected urban renewal boards, making them advisory only on such issues, and moving the final decision to the elected municipal body. This will result in more direct accountability to the voters.
Fiscal Impact There should be no fiscal impact to the state or local municipality for these changes
Contact Senator Mary Souza (208) 332-1000 Senator Jim Rice (208) 332-1423

HCR002 Gatherings, group size
Recommendation SUPPORT
Status Adopted 1/25
Reason We support the removal of governmental impediments to free trade. Political freedom and escape from tyranny demand that individuals not be unreasonably constrained by government in the crossing of political boundaries. Economic freedom demands the unrestricted movement of human as well as financial capital across national borders. Individuals own their bodies and have rights over them that other individuals, groups, and governments may not violate. Individuals have the freedom and responsibility to decide what they knowingly and voluntarily consume, and what risks they accept to their own health, finances, safety, or life. Parents, or other guardians, have the right to raise their children according to their own standards and beliefs, provided that the rights of children to be free from abuse and neglect are also protected.
Purpose The purpose of this Concurrent Resolution is to lift the restriction on groups of 10 or more under the Governor's Emergency Declaration.
Fiscal Impact There is no expected fiscal impact to the General Fund, nor to any other state or local budgets or agencies.
Contact Representative Barbara Ehardt (208) 332-1000 Representative Brent J. Crane (208) 332-1000

 

 

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