HOUSE BILL NO. 89

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H0089aa.......................................................by STATE AFFAIRS
STATE CONTROLLER'S OFFICE - Amends and repeals existing law to complete the
implementation of the 1994 change in duties of the State Controller by placing
all post-audit functions with the Legislative Services Office; to update
terminology; to update procedures used in the Office of the State Controller
such as use of electronic signatures, references to policies and procedures
rather than rules  and implementation of current standards of accounting.
                                                                        
01/21    House intro - 1st rdg - to printing
01/22    Rpt prt - to St Aff
02/03    Rpt out - to Gen Ord
02/07    Rpt out amen - to engros
02/10    Rpt engros - 1st rdg - to 2nd rdg as amen
02/11    2nd rdg - to 3rd rdg as amen
02/12    3rd rdg as amen - PASSED - 67-0-3
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
      Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Martinez, McGeachin,
      McKague, Meyer, Miller, Moyle, Naccarato, Nielsen, Raybould, Ridinger,
      Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
      Schaefer(Schaefer), Shepherd, Shirley, Skippen, Smith(30), Smith(24),
      Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Langhorst, Mitchell, Tilman
    Floor Sponsor - Clark
    Title apvd - to Senate
02/13    Senate intro - 1st rdg - to St Aff
02/18    Rpt out - rec d/p - to 2nd rdg
02/19    2nd rdg - to 3rd rdg
02/21    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta,
      Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
      Ingram, Kennedy, Keough, Little, Lodge, Malepeai(Ellis), Marley,
      McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder,
      Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Bailey
    Floor Sponsor - Richardson
    Title apvd - to House
02/24    To enrol
02/25    Rpt enrol - Sp signed
02/26    Pres signed
02/27    To Governor
03/05    Governor signed
         Session Law Chapter 32
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 89
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE POWERS AND DUTIES OF THE STATE CONTROLLER; REPEALING  SECTIONS
  3        50-1012  AND  57-726,  IDAHO CODE; AMENDING SECTION 1-2008, IDAHO CODE, TO
  4        STRIKE DUTY OF THE STATE CONTROLLER TO  SIGN  CERTAIN  VOUCHERS;  AMENDING
  5        SECTION 11-202, IDAHO CODE, TO CLARIFY DUTIES OF THE STATE CONTROLLER WHEN
  6        SERVED  WITH  NOTICE  OF  GARNISHMENT  AND TO MAKE A TECHNICAL CORRECTION;
  7        AMENDING SECTIONS 22-1209 AND 22-1803, IDAHO CODE, TO REQUIRE DELIVERY  OF
  8        AUDITS  TO  THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE STATE CON-
  9        TROLLER; AMENDING SECTION 22-2809, IDAHO  CODE,  TO  REQUIRE  APPROVAL  OF
 10        CLAIMS  AND ISSUANCE OF WARRANTS AND TO MAKE TECHNICAL CORRECTIONS; AMEND-
 11        ING SECTIONS 22-2919 AND 22-3319,  IDAHO  CODE,  TO  REQUIRE  DELIVERY  OF
 12        AUDITS  TO  THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE STATE CON-
 13        TROLLER; AMENDING SECTION 22-3510, IDAHO  CODE,  TO  REQUIRE  DELIVERY  OF
 14        AUDITS  TO  THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE STATE CON-
 15        TROLLER AND TO MAKE  TECHNICAL  CORRECTIONS;  AMENDING  SECTIONS  22-3607,
 16        22-3707,  22-4010, 22-4215 AND 22-4720, IDAHO CODE, TO REQUIRE DELIVERY OF
 17        AUDITS TO THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE  STATE  CON-
 18        TROLLER;  AMENDING  SECTION  25-156,  IDAHO  CODE,  TO REQUIRE DELIVERY OF
 19        AUDITS TO THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE  STATE  CON-
 20        TROLLER  AND  TO  MAKE  A  TECHNICAL CORRECTION; AMENDING SECTION 25-3112,
 21        IDAHO CODE, TO REQUIRE DELIVERY OF AUDITS TO  THE  OFFICE  OF  LEGISLATIVE
 22        SERVICES  INSTEAD  OF THE STATE CONTROLLER; AMENDING SECTION 36-115, IDAHO
 23        CODE, TO STRIKE DUTY OF THE STATE CONTROLLER TO ADMINISTER  THE  BIG  GAME
 24        SECONDARY  DEPREDATION  ACCOUNT AND TO REQUIRE THE DIRECTOR OF THE DEPART-
 25        MENT TO ADMINISTER THE ACCOUNT; AMENDING SECTION 36-301,  IDAHO  CODE,  TO
 26        STRIKE  DUTY  OF THE STATE CONTROLLER RELATING TO VARIOUS FISHING, HUNTING
 27        AND TRAPPING LICENSES AND TO REQUIRE THE DIRECTOR  OF  THE  DEPARTMENT  TO
 28        ACCOUNT  FOR  THE  FORMS;  AMENDING  SECTION 38-131, IDAHO CODE, TO STRIKE
 29        REQUIREMENT FOR NOTICE TO THE STATE TREASURER PRIOR TO ISSUE OF DEFICIENCY
 30        WARRANTS AGAINST THE GENERAL FUND; AMENDING SECTION 38-131A,  IDAHO  CODE,
 31        TO STRIKE THE REQUIREMENT FOR NOTICE TO THE STATE TREASURER PRIOR TO ISSUE
 32        OF  DEFICIENCY  WARRANTS  AGAINST THE GENERAL FUND AND TO MAKE A TECHNICAL
 33        CORRECTION; AMENDING SECTION 38-1517, IDAHO CODE, TO REQUIRE  DELIVERY  OF
 34        AUDITS  TO  THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE STATE CON-
 35        TROLLER AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-7110, IDAHO
 36        CODE, TO STRIKE REQUIREMENT FOR NOTICE TO THE  STATE  TREASURER  PRIOR  TO
 37        ISSUE  OF DEFICIENCY WARRANTS AGAINST THE GENERAL FUND AND TO MAKE TECHNI-
 38        CAL CORRECTIONS; AMENDING SECTION 40-715, IDAHO CODE, TO CORRECT TERMINOL-
 39        OGY REFERENCING WARRANTS; AMENDING SECTION 42-1718, IDAHO CODE, TO  STRIKE
 40        REQUIREMENT FOR NOTICE TO THE STATE TREASURER PRIOR TO ISSUE OF DEFICIENCY
 41        WARRANTS  AGAINST  THE GENERAL FUND; AMENDING SECTION 42-2807, IDAHO CODE,
 42        TO STRIKE REQUIREMENT OF NOTICE TO THE STATE CONTROLLER, TO REQUIRE NOTICE
 43        TO THE STATE AGENCY RESPONSIBLE FOR MANAGEMENT  OF  AFFECTED  STATE  OWNED
 44        LAND  AND  TO  MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 50-1047, IDAHO
 45        CODE, TO STRIKE REQUIREMENT FOR NOTICE TO THE STATE CONTROLLER OF  CERTAIN
 46        ORDINANCES  OR AMENDMENTS; AMENDING SECTION 50-2611, IDAHO CODE, TO STRIKE
                                                                        
                                           2
                                                                        
  1        REFERENCE TO REGULATIONS AND INCLUDE REFERENCE  TO  RULES  OR  PROCEDURES;
  2        AMENDING SECTION 54-3607, IDAHO CODE, TO REQUIRE DELIVERY OF AUDITS TO THE
  3        DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE STATE CONTROLLER; AMENDING
  4        SECTION  58-1408,  IDAHO CODE, TO REQUIRE AUDITS BY THE OFFICE OF LEGISLA-
  5        TIVE SERVICES AND ACCESS BY THE STATE CONTROLLER AND THE PUBLIC TO RECORDS
  6        OF THE IDAHO RANGELAND RESOURCES  COMMISSION;  AMENDING  SECTION  58-1415,
  7        IDAHO CODE, TO ADOPT CORRECT TERMINOLOGY, TO REQUIRE DELIVERY OF AUDITS TO
  8        THE  DIRECTOR  OF LEGISLATIVE SERVICES INSTEAD OF THE STATE CONTROLLER AND
  9        TO MAKE A TECHNICAL CORRECTION; AMENDING  SECTIONS  59-1105  AND  59-1108,
 10        IDAHO  CODE, TO ADOPT CORRECT TERMINOLOGY; AMENDING SECTION 61-1008, IDAHO
 11        CODE, TO CORRECT TERMINOLOGY REGARDING AUTHORITY OF THE  STATE  CONTROLLER
 12        TO  REVIEW  VOUCHERS  OF  THE  PUBLIC  UTILITIES  COMMISSION AND TO MAKE A
 13        CODIFIER CORRECTION; AMENDING SECTION 63-3202, IDAHO CODE, TO CORRECT TER-
 14        MINOLOGY REGARDING RECORDING TAX ANTICIPATION NOTES AND TO MAKE A  TECHNI-
 15        CAL CORRECTION; AMENDING SECTION 66-118, IDAHO CODE, TO ADOPT CORRECT TER-
 16        MINOLOGY  REGARDING AUTHORITY OF THE STATE CONTROLLER TO REVIEW RECORDS OF
 17        CERTAIN STATE OPERATED HOSPITALS; AMENDING SECTION 67-412, IDAHO CODE,  TO
 18        PROVIDE  CORRECT  TERMINOLOGY  AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
 19        SECTION 67-1004, IDAHO CODE, TO STRIKE REFERENCE TO A SEAL OF  THE  OFFICE
 20        OF  THE  STATE CONTROLLER AND TO AUTHORIZE USE OF AN ELECTRONIC SIGNATURE;
 21        AMENDING SECTION 67-1024, IDAHO CODE, TO ADOPT CORRECT TERMINOLOGY REGARD-
 22        ING POLICIES AND PROCEDURES; AMENDING  SECTION  67-1041,  IDAHO  CODE,  TO
 23        STRIKE REQUIREMENTS FOR RETENTION OF CERTAIN RECORDS BY THE STATE CONTROL-
 24        LER;  AMENDING  SECTION  67-1081, IDAHO CODE, TO ADOPT CORRECT TERMINOLOGY
 25        REGARDING POLICIES AND PROCEDURES; AMENDING SECTION 67-1102,  IDAHO  CODE,
 26        TO STRIKE OBSOLETE REFERENCE TO ORIGINAL CONTROLLER'S CERTIFICATES; AMEND-
 27        ING  SECTION 67-1103, IDAHO CODE, TO PROVIDE CURRENT TERMINOLOGY GOVERNING
 28        PROCEDURE TO RECORD RECEIPTS; AMENDING SECTION  67-1209,  IDAHO  CODE,  TO
 29        ADOPT  CORRECT TERMINOLOGY REGARDING POLICIES AND PROCEDURES AND TO MAKE A
 30        TECHNICAL CORRECTION; AMENDING SECTION 67-1610, IDAHO CODE, TO ADOPT  COR-
 31        RECT  TERMINOLOGY  REFERENCING THE CAPITOL PERMANENT ENDOWMENT FUND AND TO
 32        MAKE A TECHNICAL CORRECTION; AMENDING  SECTION  67-3610,  IDAHO  CODE,  TO
 33        ALLOW  THE  STATE CONTROLLER AND THE STATE BOARD OF EDUCATION AND BOARD OF
 34        REGENTS OF THE UNIVERSITY OF IDAHO TO ADOPT A MUTUALLY  AGREED  UPON  DATE
 35        FOR  SUBMISSION  OF  FINANCIAL  STATEMENT; AMENDING SECTION 67-7409, IDAHO
 36        CODE, TO REQUIRE EXAMINATION OF FINANCIAL STATEMENTS  BY  THE  LEGISLATIVE
 37        SERVICES OFFICE INSTEAD OF THE STATE CONTROLLER AND TO MAKE TECHNICAL COR-
 38        RECTIONS; AND AMENDING SECTION 67-8305, IDAHO CODE, TO REQUIRE DELIVERY OF
 39        AUDITS  TO  THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE STATE CON-
 40        TROLLER.
                                                                        
 41    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 42        SECTION 1.  That Sections 50-1012 and 57-726, Idaho Code, be, and the same
 43    are hereby repealed.
                                                                        
 44        SECTION 2.  That Section 1-2008, Idaho Code, be, and the  same  is  hereby
 45    amended to read as follows:
                                                                        
 46        1-2008.  INVESTMENT OF JUDGES' RETIREMENT FUND. The investment board shall
 47    at  the  direction  of the supreme court select and contract with a minimum of
 48    one (1) investment manager to manage the investment of the judges'  retirement
 49    fund.  The investment manager(s) shall, subject to the direction of the board,
 50    exert control over the funds as though  the  investment  manager(s)  were  the
 51    owner  thereof, subject to the limitation hereinafter provided. The investment
                                                                        
                                           3
                                                                        
  1    manager(s) is hereby authorized to invest the judges' retirement fund  in  the
  2    following  manner  and  in  the  following  investments or securities and none
  3    others:
  4        (1)  Bonds, notes or other obligations of the United States or any  agency
  5    or instrumentality thereof.
  6        (2)  Money market mutual funds.
  7        (3)  Bonds,  notes,  or  other  obligations  of the state of Idaho and its
  8    political subdivisions, or bonds, notes, or other obligations of other  states
  9    and their political subdivisions, provided such bonds, notes, or other obliga-
 10    tions  or the issuing agency for other than the state of Idaho and its politi-
 11    cal subdivisions have, at the time of their purchase, an AAA rating by a  com-
 12    monly known rating service.
 13        (4)  Bonds,  debentures or notes of any corporation organized, controlled,
 14    and operating within the United States which have, at the time of  their  pur-
 15    chase, an A rating or higher by a commonly known rating service.
 16        (5)  Corporate  obligations designated as corporate convertible debt secu-
 17    rities.
 18        (6)  Obligations secured by mortgages constituting a first lien upon  real
 19    property of the state of Idaho which are fully insured or guaranteed as to the
 20    payment  of the principal by the government of the United States or any agency
 21    thereof.
 22        (7)  Time certificates of deposit and savings accounts.
 23        (8)  Common or preferred stocks of corporations.
 24        (9)  Commercial paper, which at the time of purchase, is rated prime 1  by
 25    moody's  investors  service incorporated or is rated A-1 or higher by standard
 26    and poor's corporation.
 27        In acquiring, investing, reinvesting, exchanging, retaining,  selling  and
 28    managing    the  moneys  and securities of the fund, the investment manager(s)
 29    shall be governed by the prudent man investment act, sections  68-501  through
 30    68-506,  Idaho Code; provided, however, that the supreme court may in its sole
 31    discretion, limit the types,  kinds  and  amounts  of  such  investments.  The
 32    investment  board  shall  be  responsible  for  assuring  that  the investment
 33    manager(s) complies with this  act.  The  investment  board,  subject  to  the
 34    approval  of  the  supreme  court, is hereby authorized to select and contract
 35    with a bank or trust company located in the state of Idaho, to act  as  custo-
 36    dian  of the judges' retirement fund, who shall hold all securities and moneys
 37    of the judges' retirement fund and shall collect the principal, dividends  and
 38    interest  thereof  when due and pay the same into the judges' retirement fund.
 39    The state treasurer shall pay all warrants drawn  on  the  judges'  retirement
 40    fund  for  making  such investments when issued pursuant to vouchers signed by
 41    the chief justice of the supreme court. and by the state controller.
                                                                        
 42        SECTION 3.  That Section 11-202, Idaho Code, be, and the  same  is  hereby
 43    amended to read as follows:
                                                                        
 44        11-202.  DEBTS OWING BY STATE OF IDAHO SUBJECT TO EXECUTION OR GARNISHMENT
 45    AFTER  JUDGMENT.  Debts, moneys and credits due or owing by the state of Idaho
 46    to any person whomsoever, except an elective official of the state  of  Idaho,
 47    shall  be  subject  to  execution and garnishment after final judgment against
 48    such person for the satisfaction of such judgment by service by the sheriff of
 49    Ada Ccounty, Idaho, upon the state controller of a copy of the writ of  execu-
 50    tion  and  a  notice  of garnishment signed by such officer in duplicate., and
 51    tThe state controller shall at the time of the such service of such  writ  and
 52    notice  collect  a fee of ten dollars ($10.00) therefor from said officer. and
 53    tThe state controller shall thereafter have a period of thirty  (30)  days  in
                                                                        
                                           4
                                                                        
  1    which  to  answer  said  notice of garnishment. and he shall immediately after
  2    such service notify the board of examiners of the state of Idaho thereof,  and
  3    upon  the  claim of such person being allowed by the state board of examiners,
  4    The state controller shall pay, in the usual manner provided  by  law  to  the
  5    officer  serving  said  writ  of  execution and notice of judgment, the amount
  6    thereof so levied upon or garnisheed, or so much thereof as is  necessary  for
  7    the  satisfaction  of  the writ of execution and to satisfy said judgment upon
  8    which the same was issued, and not subject to excluding any exemption as  pro-
  9    vided  for by law. and claimed by said person, shall be paid by the state con-
 10    troller in the usual manner provided by law to the officer serving  said  writ
 11    and  notice,  and  said  The  officer's receipt therefor shall be a sufficient
 12    release of the state of Idaho and the state controller, of said claim of  such
 13    person.
                                                                        
 14        SECTION  4.  That  Section 22-1209, Idaho Code, be, and the same is hereby
 15    amended to read as follows:
                                                                        
 16        22-1209.  DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
 17    all moneys received by the commission shall be deposited in one or more  sepa-
 18    rate accounts in the name of the commission in one or more banks or trust com-
 19    panies approved under chapter 27, title 67, Idaho Code, as state depositories.
 20    The  commission  shall  designate  such banks or trust companies. All funds so
 21    deposited are hereby continuously appropriated for the purpose of carrying out
 22    the provisions of this chapter.
 23        (2)  Funds can be withdrawn or paid out of such accounts only upon  checks
 24    or  other  orders  upon such accounts signed by two (2) officers designated by
 25    the commission.
 26        (3)  The right is reserved to the state of Idaho to audit the funds of the
 27    commission at any time.
 28        (4)  On or before January 15 of each year, the commission shall file  with
 29    the senate agricultural affairs committee, the house agricultural affairs com-
 30    mittee,  the  legislative services office, the state controller, and the divi-
 31    sion of financial management, a report showing the annual income and  expenses
 32    by standard classification of the commission during the preceding fiscal year.
 33    The  report shall also include an estimate of income to the commission for the
 34    current and next fiscal year and a projection of anticipated expenses by cate-
 35    gory for the current and next fiscal year. From and after  January  15,  1989,
 36    the  report  shall  also include a reconciliation between the estimated income
 37    and expenses projected and the actual income and  expenses  of  the  preceding
 38    fiscal year.
 39        (5)  All  moneys  received  or expended by the commission shall be audited
 40    annually by a certified public accountant designated by  the  commission,  who
 41    shall  furnish a copy of such audit to the state controller director of legis-
 42    lative services and to the senate agricultural affairs committee and the house
 43    agricultural affairs committee. The audit shall  be  completed  within  ninety
 44    (90) days following the close of the fiscal year.
 45        (6)  The  expenditures  of  the commission are expressly exempted from the
 46    provisions of sections 67-2007 and 67-2008, Idaho Code.
                                                                        
 47        SECTION 5.  That Section 22-1803, Idaho Code, be, and the same  is  hereby
 48    amended to read as follows:
                                                                        
 49        22-1803.  DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
 50    all  moneys  received  by the commission shall be deposited in one (1) or more
 51    separate accounts in the name of the commission in one (1) or  more  banks  or
                                                                        
                                           5
                                                                        
  1    trust  companies  approved  under  chapter  27, title 67, Idaho Code, as state
  2    depositories. The commission shall designate such banks  or  trust  companies.
  3    All funds so deposited are hereby continuously appropriated for the purpose of
  4    carrying  out  the  provisions  of  this  chapter.  Any interest earned on the
  5    investment of idle moneys in an account shall be returned to the account.
  6        (2)  Funds can be withdrawn or paid out of such accounts only upon  checks
  7    or  other  orders  upon such accounts signed by two (2) officers designated by
  8    the commission.
  9        (3)  The right is reserved to the state of Idaho to audit the funds of the
 10    commission at any time.
 11        (4)  On or before January 15 of each year, the commission shall file  with
 12    the senate agricultural affairs committee, the house agricultural affairs com-
 13    mittee,  the  legislative services office, the state controller, and the divi-
 14    sion of financial management, a report showing the annual income and  expenses
 15    by standard classification of the commission during the preceding fiscal year.
 16    The  report shall also include an estimate of income to the commission for the
 17    current and next fiscal year and a projection of anticipated expenses by cate-
 18    gory for the current and next fiscal year. The report  shall  also  include  a
 19    reconciliation  between  the  estimated  income and expenses projected and the
 20    actual income and expenses of the preceding fiscal year.
 21        (5)  All moneys received or expended by the commission  shall  be  audited
 22    biennially,  but  shall  address  every year distinctly, by a certified public
 23    accountant designated by the commission, who shall  furnish  a  copy  of  such
 24    audit to the state controller director of legislative services and to the sen-
 25    ate  agricultural  affairs committee and the house of representatives agricul-
 26    tural affairs committee. The audit shall be completed within ninety (90)  days
 27    following the close of the fiscal year.
 28        (6)  The  expenditures  of  the commission are expressly exempted from the
 29    provisions of sections 67-2007 and 67-2008, Idaho Code.
                                                                        
 30        SECTION 6.  That Section 22-2809, Idaho Code, be, and the same  is  hereby
 31    amended to read as follows:
                                                                        
 32        22-2809.  PAYMENT  OF  EXPENSES AND COSTS. All expenses and costs incurred
 33    in the administration of this act shall  be  paid  out  of  the  Idaho  Hhoney
 34    Aadvertising  Ffund. The commission shall keep an accurate record of all costs
 35    and expenditures and will report the same by publication  on  October  1st  of
 36    each  year.  All expenses and costs incurred and contracted for by the commis-
 37    sion in performing its duties under this act shall be paid out of  such  Idaho
 38    Hhoney Aadvertising Ffund in the following manner: Vvouchers shall be approved
 39    and  submitted by the commission chairman, to the state controller, who shall,
 40    upon approval by the state board of examiners, forthwith submit such  vouchers
 41    to  the  state treasurer for issue of warrants therefor to the director or his
 42    designated representative of the Idaho department of agriculture for  approval
 43    and subsequent issuance of a warrant by the state controller.
                                                                        
 44        SECTION  7.  That  Section 22-2919, Idaho Code, be, and the same is hereby
 45    amended to read as follows:
                                                                        
 46        22-2919.  DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
 47    all moneys received by the commission shall be deposited in one or more  sepa-
 48    rate accounts in the name of the commission in one or more banks or trust com-
 49    panies approved under chapter 27, title 67, Idaho Code, as state depositories.
 50    The  commission  shall  designate  such banks or trust companies. All funds so
 51    deposited are hereby continuously appropriated for the purpose of carrying out
                                                                        
                                           6
                                                                        
  1    the provisions of this chapter.
  2        (2)  Funds can be withdrawn or paid out of such accounts only upon  checks
  3    or  other  orders  upon such accounts signed by two (2) officers designated by
  4    the commission.
  5        (3)  The right is reserved to the state of Idaho to audit the funds of the
  6    commission at any time.
  7        (4)  On or before January 15 of each year, the commission shall file  with
  8    the senate agricultural affairs committee, the house agricultural affairs com-
  9    mittee,  the  legislative services office, the state controller, and the divi-
 10    sion of financial management, a report showing the annual income and  expenses
 11    by standard classification of the commission during the preceding fiscal year.
 12    The  report shall also include an estimate of income to the commission for the
 13    current and next fiscal year and a projection of anticipated expenses by cate-
 14    gory for the current and next fiscal year. From and after  January  15,  1989,
 15    the  report  shall  also include a reconciliation between the estimated income
 16    and expenses projected and the actual income and  expenses  of  the  preceding
 17    fiscal year.
 18        (5)  All  moneys  received  or expended by the commission shall be audited
 19    biennially by a certified public accountant designated by the commission,  who
 20    shall  furnish a copy of such audit to the state controller director of legis-
 21    lative services and to the senate agricultural affairs committee and the house
 22    agricultural affairs committee. The audit shall  be  completed  within  ninety
 23    (90) days following the close of the fiscal year.
 24        (6)  The  expenditures  of  the commission are expressly exempted from the
 25    provisions of sections 67-2007 and 67-2008, Idaho Code.
                                                                        
 26        SECTION 8.  That Section 22-3319, Idaho Code, be, and the same  is  hereby
 27    amended to read as follows:
                                                                        
 28        22-3319.  DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
 29    all  moneys received by the commission shall be deposited in one or more sepa-
 30    rate accounts in the name of the commission in one or more banks or trust com-
 31    panies approved under chapter 27, title 67, Idaho Code, as state depositories.
 32    The commission shall designate such banks or trust  companies.  All  funds  so
 33    deposited are hereby continuously appropriated for the purpose of carrying out
 34    the provisions of this chapter.
 35        (2)  Funds  can be withdrawn or paid out of such accounts only upon checks
 36    or other orders upon such accounts signed by two (2)  officers  designated  by
 37    the commission.
 38        (3)  The right is reserved to the state of Idaho to audit the funds of the
 39    commission at any time.
 40        (4)  On  or before January 15 of each year, the commission shall file with
 41    the senate agricultural affairs committee, the house agricultural affairs com-
 42    mittee, the legislative services office, the state controller, and  the  divi-
 43    sion  of financial management, a report showing the annual income and expenses
 44    by standard classification of the commission during the preceding fiscal year.
 45    The report shall also include an estimate of income to the commission  for the
 46    current and next fiscal year and a projection of anticipated expenses by cate-
 47    gory for the current and next fiscal year. From and after  January  15,  1989,
 48    the  report  shall  also include a reconciliation between the estimated income
 49    and expenses projected and the actual income and  expenses  of  the  preceding
 50    fiscal year.
 51        (5)  All  moneys  received  or expended by the commission shall be audited
 52    annually by a certified public accountant designated by  the  commission,  who
 53    shall  furnish a copy of such audit to the state controller director of legis-
                                                                        
                                           7
                                                                        
  1    lative services and to the senate agricultural affairs committee and the house
  2    agricultural affairs committee. The audit shall  be  completed  within  ninety
  3    (90) days following the close of the fiscal year.
  4        (6)  The  expenditures  of  the commission are expressly exempted from the
  5    provisions of sections 67-2007 and 67-2008, Idaho Code.
                                                                        
  6        SECTION 9.  That Section 22-3510, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        22-3510.  DUTIES AND POWERS OF COMMISSION. (1) Consistent with the general
  9    purposes  of  this  chapter, the commission shall establish the policies to be
 10    followed in the accomplishments of such purposes.
 11        (2)  In the administration of the act, the commission shall have the  fol-
 12    lowing duties, authorities and powers:
 13        (a)  To conduct a campaign of research, education and publicity.
 14        (b)  To find new markets for pea and lentil products.
 15        (c)  To  give,  publicize  and promulgate reliable information showing the
 16        value of peas and lentils for any purpose for which they are found  useful
 17        and profitable.
 18        (d)  To  make  public  and  encourage the widespread national and interna-
 19        tional use of the special kinds of pea and lentil products  produced  from
 20        all varieties of peas and lentils grown in Idaho.
 21        (e)  To investigate and participate in studies of the problems peculiar to
 22        the producers of peas and lentils in Idaho.
 23        (f)  To take such action as the commission deems necessary or advisable in
 24        order to stabilize and protect the pea and lentil industry of the state.
 25        (g)  To sue and be sued.
 26        (h)  To enter into such contracts as may be necessary or advisable.
 27        (i)  To  appoint  and employ all necessary officers, agents and other per-
 28        sonnel, including experts in agriculture and the publicizing of the  prod-
 29        ucts thereof, and to prescribe their duties and fix their compensation.
 30        (j)  To  make  use of such advertising means and methods as the commission
 31        deems advisable and to enter into contracts and  agreements  for  research
 32        and advertising within and without the state.
 33        (k)  To  cooperate  with  any  local,  state  or  national organization or
 34        agency, whether voluntary or created  by  the  law  of  any  state  or  by
 35        national law, engaged in work or activities similar to the work and activ-
 36        ities  of  the commission, and to enter into contracts and agreements with
 37        such organizations or  agencies  for  carrying  on  a  joint  campaign  of
 38        research, education and publicity and reciprocal enforcement.
 39        (l)  To lease, purchase or own the real or personal property deemed neces-
 40        sary in the administration of this act chapter.
 41        (m)  To prosecute in the name of the state of Idaho any suit or action for
 42        collection of the assessment provided for in this act chapter.
 43        (n)  To  adopt, rescind, modify and amend all necessary and proper orders,
 44        resolutions and regulations for the procedure and exercise of  its  powers
 45        and the performance of its duties.
 46        (o)  To  incur  indebtedness and repay the same, and carry on all business
 47        activities.
 48        (p)  To keep or cause to be kept in accordance with accepted standards  of
 49        good  accounting  practice,  accurate  records of all assessments, collec-
 50        tions, receipts, deposits, withdrawals, disbursements, paid  outs,  moneys
 51        and  other  financial  transactions  made and done pursuant to this order.
 52        Such records, books and accounts shall be audited subject to lawful, sound
 53        procedures and methods of accounting at least annually and a copy of  such
                                                                        
                                           8
                                                                        
  1        audit  shall be delivered within thirty (30) days after completion thereof
  2        to the governor, commissioner of agriculture, state controller director of
  3        legislative services and the commission. The books, records  and  accounts
  4        shall  be  open  to  inspection  by the state controller and public at all
  5        times.
  6        (q)  To mMake a full and complete report available to all  Idaho  pea  and
  7    lentil  producers  annually,  and once every five (5) years, commencing May 1,
  8    1970, poll each grower as to the advisability of continuing the commission. If
  9    a majority of the growers representative of a majority of the pounds  produced
 10    request  a repeal of this act, the commission shall at the next session of the
 11    legislature request a repeal.
                                                                        
 12        SECTION 10.  That Section 22-3607, Idaho Code, be, and the same is  hereby
 13    amended to read as follows:
                                                                        
 14        22-3607.  DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
 15    all  moneys received by the commission shall be deposited in one or more sepa-
 16    rate accounts in the name of the commission in one or more banks or trust com-
 17    panies approved under chapter 27, title 67, Idaho Code, as state depositories.
 18    The commission shall designate such banks or trust  companies.  All  funds  so
 19    deposited are hereby continuously appropriated for the purpose of carrying out
 20    the provisions of this chapter.
 21        (2)  Funds  can be withdrawn or paid out of such accounts only upon checks
 22    or other orders upon such accounts signed by two (2)  officers  designated  by
 23    the commission.
 24        (3)  The right is reserved to the state of Idaho to audit the funds of the
 25    commission at any time.
 26        (4)  On  or before January 15 of each year, the commission shall file with
 27    the senate agricultural affairs committee, the house agricultural affairs com-
 28    mittee, the legislative services office, the state controller, and  the  divi-
 29    sion  of financial management, a report showing the annual income and expenses
 30    by standard classification of the commission during the preceding fiscal year.
 31    The report shall also include an estimate of income to the commission for  the
 32    current and next fiscal year and a projection of anticipated expenses by cate-
 33    gory  for  the  current and next fiscal year. From and after January 15, 1989,
 34    the report shall also include a reconciliation between  the  estimated  income
 35    and  expenses  projected  and  the actual income and expenses of the preceding
 36    fiscal year.
 37        (5)  All moneys received or expended by the commission  shall  be  audited
 38    biennially  by a certified public accountant designated by the commission, who
 39    shall furnish a copy of such audit to the state controller director of  legis-
 40    lative services and to the senate agricultural affairs committee and the house
 41    agricultural  affairs  committee.  The  audit shall be completed within ninety
 42    (90) days following the close of the fiscal year.
 43        (6)  The expenditures of the commission are expressly  exempted  from  the
 44    provisions of sections 67-2007 and 67-2008, Idaho Code.
                                                                        
 45        SECTION  11.  That Section 22-3707, Idaho Code, be, and the same is hereby
 46    amended to read as follows:
                                                                        
 47        22-3707.  DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
 48    all moneys received by the commission shall be deposited in one or more  sepa-
 49    rate accounts in the name of the commission in one or more banks or trust com-
 50    panies approved under chapter 27, title 67, Idaho Code, as state depositories.
 51    The  commission  shall  designate  such banks or trust companies. All funds so
                                                                        
                                           9
                                                                        
  1    deposited are hereby continuously appropriated for the purpose of carrying out
  2    the provisions of this chapter.
  3        (2)  Funds can be withdrawn or paid out of such accounts only upon  checks
  4    or  other  orders  upon such accounts signed by two (2) officers designated by
  5    the commission.
  6        (3)  The right is reserved to the state of Idaho to audit the funds of the
  7    commission at any time.
  8        (4)  On or before January 15 of each year, the commission shall file  with
  9    the senate agricultural affairs committee, the house agricultural affairs com-
 10    mittee,  the  legislative services office, the state controller, and the divi-
 11    sion of financial management, a report showing the annual income and  expenses
 12    by standard classification of the commission during the preceding fiscal year.
 13    The  report shall also include an estimate of income to the commission for the
 14    current and next fiscal year and a projection of anticipated expenses by cate-
 15    gory for the current and next fiscal year. From and after  January  15,  1990,
 16    the  report  shall  also include a reconciliation between the estimated income
 17    and expenses projected and the actual income and  expenses  of  the  preceding
 18    fiscal year.
 19        (5)  All  moneys  received  or expended by the commission shall be audited
 20    biennially by a certified public accountant designated by the commission,  who
 21    shall  furnish a copy of such audit to the state controller director of legis-
 22    lative services and to the senate agricultural affairs committee and the house
 23    agricultural affairs committee. The audit shall  be  completed  within  ninety
 24    (90) days following the close of the fiscal year.
 25        (6)  The  expenditures  of  the commission are expressly exempted from the
 26    provisions of sections 67-2007 and 67-2008, Idaho Code.
                                                                        
 27        SECTION 12.  That Section 22-4010, Idaho Code, be, and the same is  hereby
 28    amended to read as follows:
                                                                        
 29        22-4010.  DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
 30    all  grants,  donations and gifts of funds from any source for expenditure for
 31    any purpose consistent with this chapter which may be specified as a condition
 32    of any grant, donation or gift, and all of the  revenues  received  under  the
 33    provisions  of  section 22-4017, Idaho Code, shall be deposited in one or more
 34    separate accounts in the name of the commission in one or more banks or  trust
 35    companies  approved under chapter 27, title 67, Idaho Code, as state deposito-
 36    ries. The commission shall designate such banks or trust companies. All  funds
 37    so deposited  are hereby continuously appropriated for the purpose of carrying
 38    out the provisions of this chapter.
 39        (2)  Funds  can be withdrawn or paid out of such accounts only upon checks
 40    or other orders upon such accounts signed by two (2)  officers  designated  by
 41    the commission.
 42        (3)  The right is reserved to the state of Idaho to audit the funds of the
 43    commission at any time.
 44        (4)  On  or before January 15 of each year, the commission shall file with
 45    the senate agricultural affairs committee, the house agricultural affairs com-
 46    mittee, the legislative services office, the state controller, and  the  divi-
 47    sion  of  financial management, a report showing the annual income to the com-
 48    mission during the preceding fiscal year. The report  shall  also  include  an
 49    estimate of income to the commission for the current fiscal year and a projec-
 50    tion of anticipated expenses by category for the current fiscal year. From and
 51    after January 15, 1989, the report shall also include a reconciliation between
 52    the estimated income and expenses projected and the actual income and expenses
 53    of the preceding fiscal year.
                                                                        
                                           10
                                                                        
  1        (5)  All  moneys  received  or expended by the commission shall be audited
  2    every second year, but shall address every year  distinctly,  by  a  certified
  3    public  accountant  designated  by the commission, who shall furnish a copy of
  4    such audit to the state controller director of legislative services and to the
  5    senate agricultural affairs committee and the house agricultural affairs  com-
  6    mittee.  The  audit  shall  be completed within ninety (90) days following the
  7    close of the fiscal year.
  8        (6)  The expenditures of the commission are expressly  exempted  from  the
  9    provisions of sections 67-2007 and 67-2008, Idaho Code.
                                                                        
 10        SECTION  13.  That Section 22-4215, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        22-4215.  DEPOSIT OF ASSESSMENTS -- WITHDRAWAL METHOD -- EXPENSES --  BOND
 13    REQUIRED  --  AUDIT.  (1)  All  receipts  for the commission will be deposited
 14    within five (5) working days of being received, all  moneys  received  by  the
 15    commission  from  the assessment levied under section 22-4210, Idaho Code, and
 16    all other moneys received by the commission shall be deposited in one  (1)  or
 17    more  separate accounts in the name of the commission in one (1) or more banks
 18    or trust companies approved under chapter 27, title 67, Idaho Code,  as  state
 19    depositories.  The  commission  shall designate such accounts at such banks or
 20    trust companies.
 21        (2) (a)  No money shall be withdrawn or paid out of such  accounts  except
 22        upon  order  of  the  commission and upon checks or other orders upon such
 23        accounts signed by such member of the commission as the commission  desig-
 24        nates  and  countersigned by such other member, officer or employee of the
 25        commission as the commission designates. A receipt, voucher or other writ-
 26        ten record, showing clearly the nature and items covered by each check  or
 27        other order, shall be kept.
 28        (b)  All  moneys  referred  to  in subsection (1) of this section shall be
 29        used by the commission only for the payment of expenses of the  commission
 30        in carrying out the powers conferred on the commission.
 31        (c)  The commission may require any commission member or agent or employee
 32        appointed  by  the  commission to give a bond payable to the commission in
 33        the amount and with the security and containing the terms  and  conditions
 34        the  commission  may prescribe. The cost of such bond is an administrative
 35        cost under this act.
 36        (3)  All moneys received or expended by the commission  shall  be  audited
 37    every second year, but shall address each year separately, by a certified pub-
 38    lic  accountant designated by the commission, who shall furnish a copy of such
 39    audit to the state controller director of legislative services and to the sen-
 40    ate agricultural affairs committee and the house agricultural affairs  commit-
 41    tee.  The audit shall be completed within ninety (90) days following the close
 42    of the fiscal year. The right is reserved to the state of Idaho to  audit  all
 43    funds of the commission at any time.
                                                                        
 44        SECTION  14.  That Section 22-4720, Idaho Code, be, and the same is hereby
 45    amended to read as follows:
                                                                        
 46        22-4720.  DEPOSITS  AND  DISBURSEMENT  OF  FUNDS.  (1)  Immediately   upon
 47    receipt,  all  moneys received by the commission shall be deposited in one (1)
 48    or more separate accounts in the name of the commission in  one  (1)  or  more
 49    banks  or  trust companies approved under chapter 27, title 67, Idaho Code, as
 50    state depositories. The commission shall designate the banks or  trust  compa-
 51    nies. All funds so deposited are hereby continuously appropriated for the pur-
                                                                        
                                           11
                                                                        
  1    pose of carrying out the provisions of this chapter.
  2        (2)  Funds  can be withdrawn or paid out of such accounts only upon checks
  3    or other orders upon such accounts signed by two (2)  officers  designated  by
  4    the commission.
  5        (3)  The right is reserved to the state of Idaho to audit the funds of the
  6    commission at any time.
  7        (4)  On  or before January 15 of each year, the commission shall file with
  8    the senate agricultural affairs committee, the house agricultural affairs com-
  9    mittee, the legislative council, the state controller,  and  the  division  of
 10    financial management, a report showing the annual income and expenses by stan-
 11    dard  classification  of  the commission during the preceding fiscal year. The
 12    report shall also include an estimate of income to the commission for the cur-
 13    rent and next fiscal year. From and after January 15, 1999, the  report  shall
 14    also  include  a reconciliation between the estimated income and expenses pro-
 15    jected and the actual income and expenses of the preceding fiscal year.
 16        (5)  All moneys received or expended by the commission  shall  be  audited
 17    annually  by  a  certified public accountant designated by the commission, who
 18    shall furnish a copy of the audit to the state controller director of legisla-
 19    tive services and to the senate agricultural affairs committee and  the  house
 20    agricultural  affairs  committee.  The  audit shall be completed within ninety
 21    (90) days following the close of the fiscal year.
 22        (6)  The expenditures of the commission are expressly  exempted  from  the
 23    provisions of sections 67-2007 and 67-2008, Idaho Code.
                                                                        
 24        SECTION  15.  That  Section 25-156, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        25-156.  DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon  receipt,
 27    all  grants,  donations and gifts of funds from any source for expenditure for
 28    any purpose consistent with this chapter which may be specified as a condition
 29    of any grant, donation or gift, and all of the  revenues  received  under  the
 30    provisions  of  section  25-159,  Idaho Code, shall be deposited in one (1) or
 31    more separate accounts in the name of the commission in one (1) or more  banks
 32    or  trust  companies approved under chapter 27, title 67, Idaho Code, as state
 33    depositories. The commission shall designate such banks  or  trust  companies.
 34    All funds so deposited are hereby continuously appropriated for the purpose of
 35    carrying out the provisions of this act chapter.
 36        (2)  Funds  can be withdrawn or paid out of such accounts only upon checks
 37    or other orders upon such accounts signed by two (2)  officers  designated  by
 38    the commission.
 39        (3)  The right is reserved to the state of Idaho to audit the funds of the
 40    commission at any time.
 41        (4)  On  or before January 15 of each year, the commission shall file with
 42    the senate agricultural affairs committee, the house agricultural affairs com-
 43    mittee, the legislative council, the state controller,  and  the  division  of
 44    financial  management,  a  report  showing the annual income to the commission
 45    during the preceding fiscal year. The report shall also include an estimate of
 46    income to the commission for the current  fiscal  year  and  a  projection  of
 47    anticipated expenses by category for the current fiscal year. The report shall
 48    also  include  a reconciliation between the estimated income and expenses pro-
 49    jected and the actual income and expenses of the preceding fiscal year.
 50        (5)  All moneys received or expended by the commission  shall  be  audited
 51    annually  by  a  certified public accountant designated by the commission, who
 52    shall furnish a copy of such audit to the state controller director of  legis-
 53    lative services and to the senate agricultural affairs committee and the house
                                                                        
                                           12
                                                                        
  1    agricultural  affairs  committee.  The  audit shall be completed within ninety
  2    (90) days following the close of the fiscal year.
  3        (6)  The expenditures of the commission are expressly  exempted  from  the
  4    provisions of sections 67-2007 and 67-2008, Idaho Code.
                                                                        
  5        SECTION  16.  That Section 25-3112, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        25-3112.  DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
  8    all moneys received by the commission shall be deposited in one or more  sepa-
  9    rate accounts in the name of the commission in one or more banks or trust com-
 10    panies approved under chapter 27, title 67, Idaho Code, as state depositories.
 11    The  commission  shall  designate  such banks or trust companies. All funds so
 12    deposited are hereby continuously appropriated for the purpose of carrying out
 13    the provisions of this chapter.
 14        (2)  Funds can be withdrawn or paid out of such accounts only upon  checks
 15    or  other  orders  upon such accounts signed by two (2) officers designated by
 16    the commission.
 17        (3)  The right is reserved to the state of Idaho to audit the funds of the
 18    commission at any time.
 19        (4)  On or before January 15 of each year, the commission shall file  with
 20    the senate agricultural affairs committee, the house agricultural affairs com-
 21    mittee,  the  legislative services office, the state controller, and the divi-
 22    sion of financial management, a report showing the annual income and  expenses
 23    by standard classification of the commission during the preceding fiscal year.
 24    The  report shall also include an estimate of income to the commission for the
 25    current and next fiscal year and a projection of anticipated expenses by cate-
 26    gory for the current and next fiscal year. From and after  January  15,  1989,
 27    the  report  shall  also include a reconciliation between the estimated income
 28    and expenses projected and the actual income and  expenses  of  the  preceding
 29    fiscal year.
 30        (5)  All  moneys  received  or expended by the commission shall be audited
 31    annually by a certified public accountant designated by  the  commission,  who
 32    shall  furnish a copy of such audit to the state controller director of legis-
 33    lative services and to the senate agricultural affairs committee and the house
 34    agricultural affairs committee. The audit shall  be  completed  within  ninety
 35    (90) days following the close of the fiscal year.
 36        (6)  The  expenditures  of  the commission are expressly exempted from the
 37    provisions of sections 67-2007 and 67-2008, Idaho Code.
                                                                        
 38        SECTION 17.  That Section 36-115, Idaho Code, be, and the same  is  hereby
 39    amended to read as follows:
                                                                        
 40        36-115.  BIG  GAME SECONDARY DEPREDATION ACCOUNT. (a) The big game second-
 41    ary depredation account is hereby created in the state treasury. Moneys in the
 42    account are subject to appropriation  for  the  purposes  recited  in  section
 43    36-1108(b),  Idaho  Code,  section  36-114(d), Idaho Code, section 36-1109 and
 44    section 36-1110, Idaho Code. Moneys in the account shall be invested  as  pro-
 45    vided  in  section  67-1210,  Idaho Code, and interest earned on investment of
 46    idle moneys in the account shall be paid to the account. The big game  second-
 47    ary  depredation  account  shall  be under the administrative direction of the
 48    state controller administered by the director.
 49        (b)  In addition to any moneys appropriated  to  the  account  from  other
 50    sources, the state controller shall transfer the earned interest not to exceed
 51    two  hundred  and  fifty  thousand  dollars  ($250,000) from the fish and game
                                                                        
                                           13
                                                                        
  1    account to the big game secondary depredation account each fiscal year until a
  2    total of one million two hundred fifty thousand dollars ($1,250,000) has  been
  3    transferred to the account.
  4        (c)  The  principal  amount  in the account shall not be appropriated, but
  5    only the interest earned on investment of the moneys in the account  shall  be
  6    available for appropriation. The state controller shall annually report to the
  7    legislature, the division of financial management, the director of the depart-
  8    ment  of  agriculture  and the director of the department of fish and game the
  9    amount of interest earnings and the availability of such earnings  for  appro-
 10    priation. However, should the balance in the account ever exceed three million
 11    dollars  ($3,000,000),  interest  earnings that exceed the amount appropriated
 12    for any fiscal year shall be  transferred  to  the  fish  and  game  set-aside
 13    account  for habitat rehabilitation. Transferred funds shall be spent pursuant
 14    to an appropriation for the set-aside account.
 15        (d)  Any  payment  for  damages  pursuant  to  sections   36-1108(b)   and
 16    36-114(d),  Idaho  Code,  is  limited by the following conditions and require-
 17    ments:
 18        1.  The full amount of any approved claim will not be paid at the time  of
 19        approval,  but  shall  be subject to the following conditions and require-
 20        ments:
 21             (A)  The director of the department of fish and game  may  order  not
 22             more than one-third (1/3) of the amount of the approved claim that is
 23             to be paid from the big game secondary depredation account to be paid
 24             immediately,  if,  in  the  judgment of the director, such payment is
 25             within the estimated total claims liability for that fiscal year from
 26             the big game secondary depredation account.
 27             (B)  The balance of all  unpaid  approved  claim  amounts,  including
 28             claims  submitted  under  the  provisions  of  sections  36-1109  and
 29             36-1110,  Idaho  Code, shall be accumulated to a total as of June 30.
 30             If the balance in the big game secondary depredation  account  appro-
 31             priation is sufficient to pay the balance of all approved claims, the
 32             director  shall pay them. If the balance is not sufficient to pay all
 33             approved claims, the director  shall authorize a proportionate amount
 34             to be paid to each claimant.  However,  claims  filed  under  section
 35             36-1108,  Idaho  Code,  shall have priority and will be paid prior to
 36             claims filed under sections 36-1109 and 36-1110, Idaho Code.
 37             (C)  The director shall encumber the balance of  moneys  appropriated
 38             from the big game secondary depredation account, or moneys sufficient
 39             to pay the approved claims, whichever is the lesser.
 40        2.  Each  claimant  must submit a statement of total damages sustained per
 41        occurrence. For each such statement, the following conditions and require-
 42        ments apply:
 43             (A)  The amount of one thousand dollars  ($1,000)  must  be  deducted
 44             from  each such statement. This deductible is a net loss to the owner
 45             or lessee, and will not be compensated for from either the  big  game
 46             primary  depredation  account or from the big game secondary depreda-
 47             tion account, but the owner or lessee is required to  absorb  only  a
 48             single one thousand dollar ($1,000) deductible per claim, whether the
 49             claim is paid solely from the big game primary depredation account or
 50             from both depredation accounts.
 51             (B)  Provided  however, that for claims in subsequent and consecutive
 52             years for damage to standing or stored crops in the same location  as
 53             the  first  occurrence,  the  one thousand dollar ($1,000) deductible
 54             will be waived as provided in section 36-114(d)(2)(F), Idaho Code.
 55        3.  Each approved claim must contain a certification by  the  director  of
                                                                        
                                           14
                                                                        
  1        the department of fish and game, or his designee, that:
  2             (A)  All  statutory  requirements  leading up to approval for payment
  3             have been met.
  4             (B)  The claimant has  certified  that  he  will  accept  the  amount
  5             approved  as  payment in full for the claim submitted, subject to the
  6             conditions and requirements of this subsection.
  7        (e)  Any claim for damages pursuant to section  36-1109,  Idaho  Code,  is
  8    limited by the following conditions and requirements:
  9        1.  The  full amount of any approved claim will not be paid at the time of
 10        approval, but shall be subject to the following  conditions  and  require-
 11        ments:
 12             (A)  The  director  of the department of fish and game may order that
 13             not more than one-third (1/3) of the amount of the approved claim  to
 14             be  paid immediately, if, in the judgment of the  director, such pay-
 15             ment is within the estimated total claims liability for  that  fiscal
 16             year from the big game secondary depredation account.
 17             (B)  The  balance of all unpaid approved claim amounts shall be accu-
 18             mulated to a total as of June 30. If the balance in the big game sec-
 19             ondary depredation account appropriation is  sufficient  to  pay  all
 20             approved claims, the director shall promptly pay them. If the balance
 21             is  not  sufficient  to  pay  the balance of all approved claims, the
 22             director shall pay a proportionate share to each claimant.   However,
 23             claims  filed  under section 36-1108, Idaho Code, shall have priority
 24             and will be paid prior to claims filed  under  sections  36-1109  and
 25             36-1110, Idaho Code.
 26             (C)  The director shall encumber the balance of the appropriation, or
 27             moneys  sufficient  to  pay  the  approved  claims,  whichever is the
 28             lesser.
 29        2.  Each claimant must submit a statement of total damages  sustained  per
 30        occurrence.  For each such statement, the following condition applies: the
 31        amount of one thousand dollars ($1,000) must be deducted  from  each  such
 32        statement. Provided however, if an owner or caretaker suffers damage to or
 33        destruction of livestock in more than one (1) occurrence during the fiscal
 34        year, then only one (1) deductible must be subtracted from  the claims and
 35        the  deductible  on subsequent claims will be waived. This deductible is a
 36        net loss to the owner or caretaker, and will not be compensated  for  from
 37        the big game secondary depredation account.
 38        3.  Each  approved  claim  must contain a certification by the director of
 39        the department of fish and game, or his designee, that:
 40             (A)  All statutory requirements leading up to  approval  for  payment
 41             have been met.
 42             (B)  The  claimant  has  certified  that  he  will  accept the amount
 43             approved as payment in full for the claim submitted, subject  to  the
 44             conditions and requirements of this subsection.
 45        (f)  Any  claim  for  damages to forage pursuant to section 36-1110, Idaho
 46    Code, is limited by the following conditions and requirements:
 47        1.  The full amount of any approved claim will not be paid at the time  of
 48        approval,  but  shall  be subject to the following conditions and require-
 49        ments:
 50             (A)  The director of the department of fish and game  may  order  not
 51             more  than  one-third (1/3) of the amount of the approved claim to be
 52             paid immediately, if, in the judgment of the director,  such  payment
 53             is  within  the estimated total claims liability for that fiscal year
 54             from the big game secondary depredation account.
 55             (B)  The balance of all unpaid approved claim amounts shall be  accu-
                                                                        
                                           15
                                                                        
  1             mulated to a total as of June 30. If the balance in the big game sec-
  2             ondary  depredation  account  appropriation  is sufficient to pay all
  3             approved claims, the director shall pay them. If the balance  is  not
  4             sufficient to pay all approved claims, the director shall authorize a
  5             proportionate  amount  to  be paid to each claimant.  However, claims
  6             filed under section 36-1108, Idaho Code, shall have priority and will
  7             be paid prior to claims filed under  sections  36-1109  and  36-1110,
  8             Idaho Code.
  9             (C)  The director shall encumber the balance of the appropriation, or
 10             moneys  sufficient  to  pay  the  approved  claims,  whichever is the
 11             lesser.
 12        2.  Each claimant must submit a statement of total damages  sustained  per
 13        occurrence.  For such statement, the following conditions and requirements
 14        apply:
 15             (A)  The amount of one thousand dollars  ($1,000)  must  be  deducted
 16             from  each  statement.  This deductible is a net loss to the owner or
 17             lessee, and will not be compensated for from the big  game  secondary
 18             depredation account.
 19             (B)  The total amount of all claims for damages to forage that may be
 20             paid from the big game secondary depredation account shall not exceed
 21             twenty-five  percent  (25%)  of  the  amount  of interest earned from
 22             investments of moneys in that account in any one (1) fiscal year.
 23        3.  Each approved claim must contain a certification by  the  director  of
 24        the department of fish and game, or his designee, that:
 25             (A)  All  statutory  requirements  leading up to approval for payment
 26             have been met.
 27             (B)  The claimant has  certified  that  he  will  accept  the  amount
 28             approved  as  payment in full for the claim submitted, subject to the
 29             conditions and requirements of this subsection.
                                                                        
 30        SECTION 18.  That Section 36-301, Idaho Code, be, and the same  is  hereby
 31    amended to read as follows:
                                                                        
 32        36-301.  FORMS OF LICENSES -- PRINTING -- CHARGEABLE TO DIRECTOR. (a) Com-
 33    puterized  licensing  system.  The fish and game commission shall prescribe by
 34    rule:
 35        1.  The procedures for the issuance of licenses and applications by a com-
 36        puterized licensing system.
 37        2.  The criteria for authorizing a person as a license vendor. In develop-
 38        ing the criteria, the commission shall consider the cost to the  state  to
 39        install  and maintain a license vendor and the public's need to be able to
 40        reasonably obtain the necessary license. The criteria should include,  but
 41        are  not  limited  to,  the  remoteness  of  the location; availability of
 42        licenses in the area; angling and hunting supplies  and  services  at  the
 43        location;  distance  to the next closest license vendor; and the number of
 44        licenses issued at the location.
 45        (b)  Forms. The  forms  of  the  various  fishing,  hunting  and  trapping
 46    licenses  and  related  applications  shall be determined by the director. The
 47    director shall cause to be printed such number of blank authorize printing the
 48    licenses and related applications as may be required from  time  to  time  and
 49    shall supervise the selling of same throughout the state.
 50        (c)  Accountability. It is hereby made the duty of the state controller to
 51    keep  and  maintain a record of the number of such licenses so printed, and to
 52    hold tThe director shall manage the issuance of such licenses and be  account-
 53    able for same and for moneys received therefor.
                                                                        
                                           16
                                                                        
  1        SECTION  19.  That  Section 38-131, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        38-131.  DEFICIENCY WARRANTS FOR EXCESS  COSTS  OF  FIRE  SUPPRESSION.  In
  4    event  the  actual  cost for the control or suppression of forest fires in any
  5    forest protective district exceeds in any one  (1)  year  the  maximum  moneys
  6    available  for  forest  protection in that district from the forest protection
  7    fund or any other special or general fund provided for that purpose, the state
  8    board of land commissioners may authorize the issuance of deficiency  warrants
  9    for  the  purpose  of  defraying  such excess costs and when so authorized the
 10    state controller shall, after notice to the state treasurer,  draw  deficiency
 11    warrants against the general fund.
                                                                        
 12        SECTION  20.  That Section 38-131A, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        38-131A.  DEFICIENCY WARRANTS FOR COSTS OF FIRE SUPPRESSION ON STATE-OWNED
 15    RANGE LANDS. The state board of land commissioners may authorize the  issuance
 16    of deficiency warrants for the purpose of paying the costs of fire suppression
 17    on  state-owned  range  lands  whether  or  not  said lands are adjacent to or
 18    intermingled with forest lands.  When  so  authorized,  the  state  controller
 19    shall,  after  notice to the state treasurer, draw deficiency warrants against
 20    the general account fund.
                                                                        
 21        SECTION 21.  That Section 38-1517, Idaho Code, be, and the same is  hereby
 22    amended to read as follows:
                                                                        
 23        38-1517.  DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
 24    all  moneys  received  by the commission shall be deposited in one (1) or more
 25    banks or trust companies approved under chapter 27, title 67, Idaho  Code,  as
 26    state  depositories. The commission shall designate such banks or trust compa-
 27    nies. All funds so deposited are hereby continuously appropriated for the pur-
 28    pose of carrying out the provisions of this chapter.
 29        (2)  Funds can be withdrawn or paid out of such accounts only upon  checks
 30    or  other  orders  upon such accounts signed by two (2) officers designated by
 31    the commission when the amount of such payments exceeds two  thousand  dollars
 32    ($2,000).  Such  designees may include the members of the staff of the commis-
 33    sion.
 34        (3)  The right is reserved to the state of Idaho to audit the funds to the
 35    commission at anytime any time.
 36        (4)  On or before January 15 of each year, the commission shall file  with
 37    the  senate and house committees responsible for natural resources, the legis-
 38    lative services office, the state controller, and the  division  of  financial
 39    management,  a report showing the annual income and expenses by standard clas-
 40    sification of the commission for the preceding year.  The  report  shall  also
 41    include  an estimate of income of the commission for the current and next fis-
 42    cal year and a projection of anticipated expenses by category for the  current
 43    and  next  fiscal year. From and after January 15, 1994, the report shall also
 44    include a reconciliation between the estimated income and  expenses  projected
 45    and the actual income and expenses of the preceding year.
 46        (5)  All  moneys  received  or expended by the commission shall be audited
 47    annually by a certified public accountant designated by  the  commission,  who
 48    shall  furnish a copy of such audit to the state controller director of legis-
 49    lative services. The audit shall be completed within ninety (90) days  follow-
 50    ing the close of the fiscal year.
                                                                        
                                           17
                                                                        
  1        (6)  The  expenditures  of  the commission are expressly exempted from the
  2    provisions of sections 67-2007 and 67-2008, Idaho Code.
                                                                        
  3        SECTION 22.  That Section 39-7110, Idaho Code, be, and the same is  hereby
  4    amended to read as follows:
                                                                        
  5        39-7110.  DEFICIENCY WARRANTS FOR REIMBURSEMENT OF RESPONSE COSTS. (1) The
  6    military division shall review all claims for reimbursement and make recommen-
  7    dations  as  to  payment or nonpayment of the claims to the board of examiners
  8    within one hundred twenty (120) days after termination of the  hazardous  sub-
  9    stance  incident.  The  board of examiners may authorize the issuance of defi-
 10    ciency warrants for the purpose of reimbursing reasonable and documented costs
 11    associated with emergency response actions taken pursuant to this chapter. The
 12    costs associated with routine firefighting procedures shall not  be  reimburs-
 13    able costs under this chapter.
 14        (2)  Deficiency  warrants  authorized  by the board of examiners shall not
 15    exceed the sum of one hundred thousand dollars ($100,000) for reimbursement of
 16    all claims made as a result of a single hazardous substance incident.  In  the
 17    event  all  claims for reimbursement for a single hazardous substance incident
 18    exceeds the sum of one hundred thousand dollars ($100,000), the board of exam-
 19    iners shall determine an appropriate and equitable basis of payment  of  reim-
 20    bursements.
 21        (3)  Upon  authorization  of deficiency warrants by the board of examiners
 22    in accordance with the provisions of this section, the state controller shall,
 23    after notice to the state treasurer, draw deficiency warrants  in  the  autho-
 24    rized amounts against the general account fund.
 25        (4)  Nothing  contained  in  this  section shall be construed to change or
 26    impair any right of recovery or subrogation arising under any other provisions
 27    of law.
                                                                        
 28        SECTION 23.  That Section 40-715, Idaho Code, be, and the same  is  hereby
 29    amended to read as follows:
                                                                        
 30        40-715.  TRANSFER  OF  SUMS  ALLOCABLE  TO COUNTIES, HIGHWAY DISTRICTS AND
 31    CITIES -- DISBURSEMENT. It is the duty of the state controller to draw  drafts
 32    warrants  upon  the  state  treasury for the transfer of the distributive sums
 33    allocable to the several counties, highway districts and cities, which  drafts
 34    warrants shall be made payable directly to the county treasurers, highway dis-
 35    trict  secretary or city clerk. The county treasurers shall deposit the moneys
 36    in the county highway fund, highway district  secretaries  shall  deposit  the
 37    moneys  in the highway district road fund and the city clerk shall deposit the
 38    moneys in the city street fund.
                                                                        
 39        SECTION 24.  That Section 42-1718, Idaho Code, be, and the same is  hereby
 40    amended to read as follows:
                                                                        
 41        42-1718.  REMEDIAL MEANS FOR PROTECTION OF LIFE AND PROPERTY. The director
 42    shall  immediately  employ  any  remedial  means necessary to protect life and
 43    property if either:
 44        (a)  The condition of any dam,  reservoir  or  mine  tailings  impoundment
 45    structure  is  so dangerous to the safety of life or property as not to permit
 46    time for the issuance and enforcement of an order relative to  maintenance  or
 47    operation.
 48        (b)  Passing  or imminent floods threaten the safety of any dam, reservoir
 49    or mine tailings impoundment structure.
                                                                        
                                           18
                                                                        
  1        In applying the remedial means provided for in this  act,  the  department
  2    may in emergency do any of the following:
  3        (a)  Lower  the water level by releasing water from the reservoir or lower
  4    mine tailings slurry level by releasing slurry from the mine tailings impound-
  5    ment structure.
  6        (b)  Completely empty the reservoir.
  7        (c)  Take such other steps as may be essential to safeguard life and prop-
  8    erty.
  9        The director shall continue in full charge and control of such dam or res-
 10    ervoir, or both, or mine tailings  impoundment  structure,  or  all,  and  its
 11    appurtenances,  until  they are rendered safe or the emergency occasioning the
 12    action has ceased.
 13        If the cost of the emergency remedial action by the director for the  pro-
 14    tection of life and property exceeds the amount of money appropriated from the
 15    general  fund  specifically  for  that  purpose,  the  additional costs may be
 16    defrayed by the issuance of deficiency warrants as may be  authorized  by  the
 17    board  of  examiners.  When  so  authorized, the state controller shall, after
 18    notice to the state treasurer, draw deficiency warrants  against  the  general
 19    fund.
 20        The  cost and expenses of the remedial means provided in this act, includ-
 21    ing cost of any work done to render a dam, reservoir or mine tailings impound-
 22    ment structure or its appurtenances safe, shall be recoverable  by  the  state
 23    from  the  owner. If not paid within sixty (60) days of invoice, action may be
 24    brought by the director in the district court of the district wherein the dam,
 25    reservoir or mine tailings impoundment structure or any part thereof is  situ-
 26    ated.  The funds recovered shall be returned to the general fund to offset the
 27    amount of the deficiency warrant.
 28        No action shall be brought by the state against the  owner  for  pollution
 29    which  may  occur  in  the event that the director orders emergency dumping or
 30    bypassing.
                                                                        
 31        SECTION 25.  That Section 42-2807, Idaho Code, be, and the same is  hereby
 32    amended to read as follows:
                                                                        
 33        42-2807.  LANDS ASSESSED -- STATE LANDS. All lands directly benefited ben-
 34    efitted  by  any irrigation or drainage project, or any irrigation or drainage
 35    works established under this chapter, and all public  or  corporate  roads  or
 36    railroads  so  benefited  benefitted in whole or in part, shall be assessed in
 37    proportion to the benefits for the construction thereof. All  lands  owned  by
 38    the  state  of  Idaho benefited benefitted by such project may be assessed for
 39    such benefit the same as taxable land, provided a notice of the filing of  the
 40    petition and of the time and place of hearing and notice of hearing shall have
 41    first  been  served  on  the state controller state agency responsible for the
 42    management of such state owned lands: provided, that  instead  of  paying  the
 43    said  assessments  so  levied  against the state lands, the state may promptly
 44    offer said state lands for sale at public sale in the manner provided by  law,
 45    and as rapidly as permitted by the provisions of the state constitution, until
 46    the  entire  acreage of state land in such project shall have been sold and if
 47    the state does not make appropriations for the  payment  of  such  assessments
 48    against  such  state lands, then the sale of such state land, when made, shall
 49    be made under contract requiring the purchaser as  a  condition  to  receiving
 50    title  to  such  lands  from  the state, or to receiving any contract right or
 51    interest therein, to pay all assessments duly levied against such lands  under
 52    the provisions of this chapter, and to pay to the proper county officer at the
 53    time  of  such  sale such annual assessments as may have come due prior to the
                                                                        
                                           19
                                                                        
  1    time of such sale, with interest thereon as hereinafter provided, and to  con-
  2    tinue  the  payment  of  such assessments until title passes from the state to
  3    such purchaser, which conveyance shall be made from the state to the purchaser
  4    subject to the liens herein provided for.
                                                                        
  5        SECTION 26.  That Section 50-1047, Idaho Code, be, and the same is  hereby
  6    amended to read as follows:
                                                                        
  7        50-1047.  GENERAL  PROVISIONS.  Any  ordinance assessing a tax pursuant to
  8    this act shall contain a finding by the local governing body of the city based
  9    upon evidence presented to it that the condition set forth in section 50-1044,
 10    Idaho Code, exists and shall provide the methods for reporting and  collecting
 11    taxes due. Taxes collected pursuant to any such ordinance shall be remitted to
 12    the  city  official  designated  in such ordinance or other such official con-
 13    tracting, pursuant to this act, with the city to provide collection  services,
 14    and  shall  constitute  revenue of the city available for any lawful corporate
 15    purpose approved by city voters subject to the provisions of this act. In  any
 16    election,  the  ordinance submitted to city voters shall: (a) state and define
 17    the specific tax to be approved; (b) state the exact rate of  the  tax  to  be
 18    assessed;  (c)  state  the  exact  purpose  or purposes for which the revenues
 19    derived from the tax shall be used; and (d) state the duration of the tax.  No
 20    tax  shall be redefined, no rate shall be increased, no purpose shall be modi-
 21    fied, and no duration shall be extended without subsequent  approval  of  city
 22    voters.  An  ordinance adopting any local-option nonproperty tax authorized by
 23    this act may provide for separate identification of taxes as may be  appropri-
 24    ate.  The  city  clerk  of any city adopting an ordinance pursuant to this act
 25    shall, immediately following approval of  such  ordinance,  or  any  amendment
 26    thereto,  forward  a copy of said ordinance or amendment to the state control-
 27    ler, the chairman of the state tax commission, and the chairman of  the  state
 28    board of tax appeals.
                                                                        
 29        SECTION  27.  That Section 50-2611, Idaho Code, be, and the same is hereby
 30    amended to read as follows:
                                                                        
 31        50-2611.  USE OF REVENUE -- CONTRACTS TO ADMINISTER OPERATION OF DISTRICT.
 32    The legislative authority of each city shall have sole discretion  as  to  how
 33    the  revenue  derived  from  the  special assessments is to be used within the
 34    scope of the purposes; however, the legislative authority may appoint existing
 35    advisory boards or commissions to make recommendations as to its use,  or  the
 36    legislative  authority  may  create a new advisory board or commission for the
 37    purpose.
 38        The legislative authority may contract with a chamber of commerce or other
 39    similar business association operating primarily within the boundaries of  the
 40    legislative  authority  to  administer the operation of a business improvement
 41    district, including any funds derived pursuant thereto;  provided,  that  such
 42    administration  must  comply  with  all applicable provisions of law including
 43    this chapter, with all county or city resolutions and ordinances, and with all
 44    regulations rules or procedures lawfully imposed by the  state  controller  or
 45    other state agencies.
                                                                        
 46        SECTION  28.  That Section 54-3607, Idaho Code, be, and the same is hereby
 47    amended to read as follows:
                                                                        
 48        54-3607.  COMMISSION ACCOUNT. (1) The commission may accept tax  receipts,
 49    grants,  donations  and gifts of funds from any source for expenditure for any
                                                                        
                                           20
                                                                        
  1    purpose consistent with this act, which may be specified as a condition of any
  2    grant, donation or gift. All funds received under the provisions of  this  act
  3    or  as  provided by law shall be paid to the commission and shall be deposited
  4    into a bank account in the name of the Idaho grape growers and wine  producers
  5    commission.  Moneys in the bank account are continuously appropriated and made
  6    available for defraying the expenses of the commission  in  carrying  out  the
  7    provisions  of  this chapter. Immediately upon receipt, all moneys received by
  8    the commission shall be deposited in one (1) or more separate accounts in  the
  9    name  of  the  commission in one (1) or more banks or trust companies approved
 10    under chapter 27, title 67, Idaho Code, as state depositories. The  commission
 11    shall  designate  such  banks  or  trust companies. All funds so deposited are
 12    hereby continuously appropriated for the purpose of carrying  out  the  provi-
 13    sions of this chapter.
 14        (2)  Funds  can be withdrawn or paid out of such accounts only upon checks
 15    or other orders upon such accounts signed by two (2)  officers  designated  by
 16    the commission.
 17        (3)  The right is reserved to the state of Idaho to audit the funds of the
 18    commission at any time.
 19        (4)  On  or before January 15 of each year, the commission shall file with
 20    the senate agricultural affairs committee, the house agricultural affairs com-
 21    mittee, the legislative council, the state controller,  and  the  division  of
 22    financial management, a report showing the annual income and expenses by stan-
 23    dard  classification  of  the commission during the preceding fiscal year. The
 24    report shall also include an estimate of income to the commission for the cur-
 25    rent and next fiscal year and a projection of anticipated expenses by category
 26    for the current and next fiscal year. From and after  January  15,  1989,  the
 27    report  shall  also  include a reconciliation between the estimated income and
 28    expenses projected and the actual income and expenses of the preceding  fiscal
 29    year.
 30        (5)  All  moneys  received  or expended by the commission shall be audited
 31    annually by a certified public accountant designated by  the  commission,  who
 32    shall  furnish a copy of such audit to the state controller director of legis-
 33    lative services and to the senate agricultural affairs committee and the house
 34    agricultural affairs committee. The audit shall  be  completed  within  ninety
 35    (90) days following the close of the fiscal year.
 36        (6)  The  expenditures  of  the commission are expressly exempted from the
 37    provisions of sections 67-2007 and 67-2008, Idaho Code.
                                                                        
 38        SECTION 29.  That Section 58-1408, Idaho Code, be, and the same is  hereby
 39    amended to read as follows:
                                                                        
 40        58-1408.  DUTIES  AND  POWERS  OF  THE COMMISSION. (1) Consistent with the
 41    general purposes of this chapter, the commission shall establish the  policies
 42    to be followed in the accomplishments of such purposes.
 43        (2)  In  the administration of the provisions of this chapter, the commis-
 44    sion shall, in conjunction and cooperation with other entities which represent
 45    the livestock grazing industry, have the  following  duties,  authorities  and
 46    powers.
 47        (a)  Conduct research and surveys to determine public attitudes and levels
 48        of  knowledge  regarding  rangeland  management  and the livestock grazing
 49        industry;
 50        (b)  Design educational campaigns and other needed efforts to provide  the
 51        public  with  accurate  information  regarding  the  management of Idaho's
 52        rangelands and the livestock grazing industry;
 53        (c)  Be an advocate for the proper management of  Idaho's  rangelands  and
                                                                        
                                           21
                                                                        
  1        for a healthy livestock grazing industry in the state;
  2        (d)  Be  a  source  of  accurate  and  timely data regarding the rangeland
  3        resource and the livestock grazing industry;
  4        (e)  Make projections regarding availability of forage,  new  or  existing
  5        products  and  markets,  and other biological or social trends which might
  6        affect rangeland management or the livestock grazing  industry  in  Idaho;
  7        and
  8        (f)  Cooperate  with  any local, state or national organization or agency,
  9        whether voluntary or created by the law of any state or by  national  law,
 10        engaged  in  work  or activities similar to the work and activities of the
 11        commission, and to enter into contracts and agreements with such organiza-
 12        tions or agencies for carrying on a joint campaign of research,  education
 13        and publicity.
 14        (3)  The commission shall also have the duty, power and authority:
 15        (a)  To  take  such actions as the commission deems necessary or advisable
 16        to stabilize and protect the livestock grazing industry of the  state  and
 17        the health and welfare of the public;
 18        (b)  To enter into such contracts as may be necessary or advisable;
 19        (c)  To appoint and employ officers, agents and other personnel, including
 20        experts  in  publicizing  rangeland  management  or  the livestock grazing
 21        industry, and to prescribe their duties and fix their compensation;
 22        (d)  To sue and be sued as a board, without individual  liability  of  the
 23        board  members, when the board is acting within the scope of the powers of
 24        the board;
 25        (e)  To make use of such advertising means and methods as  the  commission
 26        deems  advisable  and  to enter into contracts and agreements for research
 27        and advertising within the state;
 28        (f)  To lease, purchase or own the real or personal property deemed neces-
 29        sary in the administration of the provisions of this chapter;
 30        (g)  To prosecute in the name of the state of Idaho any suit or action for
 31        collection of any assessment provided for in this chapter;
 32        (h)  To adopt, rescind, modify and amend all necessary and proper  orders,
 33        resolutions  and  regulations for the procedure and exercise of its powers
 34        and the performance of its duties;
 35        (i)  To incur indebtedness and carry on all business activities; and
 36        (j)  To keep books and records and  accounts  of  all  its  doings,  which
 37        books,  records  and accounts shall be audited by the legislative services
 38        office as well as open to the inspection and audit by  the  state  auditor
 39        and public at all times by the state controller and the public.
                                                                        
 40        SECTION  30.  That Section 58-1415, Idaho Code, be, and the same is hereby
 41    amended to read as follows:
                                                                        
 42        58-1415.  DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
 43    all moneys received by the commission shall be deposited in one  (1)  or  more
 44    banks  or  trust companies approved under chapter 27, title 67, Idaho Code, as
 45    state depositories. The commission shall designate such banks or trust  compa-
 46    nies. All funds so deposited are hereby continuously appropriated for the pur-
 47    pose of carrying out the provisions of this chapter.
 48        (2)  Funds  can be withdrawn or paid out of such accounts only upon checks
 49    or other orders upon such account signed by two (2) officers designated by the
 50    commission when the amount of  such  payments  exceeds  two  thousand  dollars
 51    ($2,000).  Such  designees may include the members of the staff of the commis-
 52    sion.
 53        (3)  The right is reserved to the state of Idaho to audit the funds of the
                                                                        
                                           22
                                                                        
  1    commission at anytime any time.
  2        (4)  On or before January 15 of each year, the commission shall file  with
  3    the  senate and house committees responsible for natural resources, the direc-
  4    tor of legislative budget office services, the state auditor  controller,  and
  5    the  division  of financial management, a report showing the annual income and
  6    expenses by standard classification of the commission for the preceding  year.
  7    The  report shall also include an estimate of income of the commission for the
  8    current and next fiscal year and a projection  of anticipated expenses by cat-
  9    egory for the current and next fiscal year. From and after January  15,  1994,
 10    the  report  shall  also include a reconciliation between the estimated income
 11    and expenses projected and the actual income and  expenses  of  the  preceding
 12    year.
 13        (5)  All  moneys  received  or expended by the commission shall be audited
 14    annually by a certified public accountant designated by  the  commission,  who
 15    shall  furnish  a copy of such audit to the state auditor director of legisla-
 16    tive services. The audit shall be completed within ninety (90) days  following
 17    the close of the fiscal year.
 18        (6)  The  expenditures  of  the commission are expressly exempted from the
 19    provisions of sections 67-2007 and 67-2008, Idaho Code.
                                                                        
 20        SECTION 31.  That Section 59-1105, Idaho Code, be, and the same is  hereby
 21    amended to read as follows:
                                                                        
 22        59-1105.  CONTRIBUTIONS  FROM  LOCAL ENTITIES. Under rules and regulations
 23    policies and procedures to be prescribed by the state controller, each munici-
 24    pal corporation, political subdivision, drainage or irrigation district, here-
 25    inafter referred to as public employer, coming within the provisions  of  this
 26    chapter,  shall remit to the state controller the amounts required to be with-
 27    held from the salary or wages of each officer and employee together  with  the
 28    matching  contribution  of  such public employer and any interest or penalties
 29    imposed  for late remittances, in the manner and form prescribed by the  state
 30    controller.  Such  moneys  shall  be  deposited  in  the social security trust
 31    account.
 32        In case any public employer does not make, at the time or times  due,  the
 33    payments provided for under an agreement pursuant to this section, there shall
 34    be added, as part of the amounts due, interest at the rate of six percent (6%)
 35    per  annum from the date due until paid plus a penalty of six percent (6%) and
 36    the state controller may, at his discretion,  deduct  any  delinquent  amounts
 37    including  interest  and  penalty from any funds or moneys due such delinquent
 38    public employer as may be in the possession of the state treasurer, and credit
 39    the same to the social security trust account.
 40        If any public employer is delinquent in the payment of any moneys required
 41    to be paid under the provisions of this chapter, and is so delinquent for more
 42    than thirty (30) days, the state controller  shall  so  notify  the  board  of
 43    county  commissioners  who shall thereupon order the county treasurer to with-
 44    hold the equivalent amount of such moneys as are delinquent, together with the
 45    equivalent amount of any penalty or interest which may be due as a  result  of
 46    such delinquency, from any funds or moneys due such delinquent public employer
 47    as  may be in the possession of the county treasurer, and to pay the same over
 48    to the state controller, for the credit of the social security trust account.
                                                                        
 49        SECTION 32.  That Section 59-1108, Idaho Code, be, and the same is  hereby
 50    amended to read as follows:
                                                                        
 51        59-1108.  RECEIPTS  OF  STATE TRUST FUND. Collections into said fund shall
                                                                        
                                           23
                                                                        
  1    be paid into said fund under such rules policies and procedures  as  shall  be
  2    prescribed  by  the state controller, and shall consist of all moneys received
  3    from the various political subdivisions of the state, all state  contributions
  4    for  participation in the Federal Old Age and Survivors Insurance program, and
  5    all taxes collected from employees covered by said program.
                                                                        
  6        SECTION 33.  That Section 61-1008, Idaho Code, be, and the same is  hereby
  7    amended to read as follows:
                                                                        
  8        61-1008.  EXPENDITURE  --  PUBLIC UTILITIES COMMISSION FUND -- CREATION --
  9    APPROPRIATION -- DISPOSITION OF SURPLUS. (1) At each regular session, the leg-
 10    islature shall determine the amount of money that may be expended by the  pub-
 11    lic utilities commission during the next ensuing fiscal year.
 12        (2)  The  state treasurer shall be custodian of the "public utilities com-
 13    mission fund," into which shall be paid and deposited all  funds  accruing  or
 14    received under any and all provisions of this chapter, and all fees, licenses,
 15    charges,  assessments,  fines and penalties, now or hereafter payable to, col-
 16    lected or recovered by the commission under any other law of this  state,  and
 17    all  funds  otherwise  appropriated or made available to said fund. All moneys
 18    from whatever source accruing to and received into said fund are hereby appro-
 19    priated, within the limits of funds determined therefor  by  the  legislature,
 20    for  the payment of the administrative and maintenance expenses of the commis-
 21    sion, including salaries and wages of the commissioners and employees, travel,
 22    supplies, equipment, fixed charges, refunds of fees and  all  other  necessary
 23    expenses  of  the commission, not otherwise provided for. Moneys shall be paid
 24    out of the public utilities commission fund by the state treasurer  only  upon
 25    claim  vouchers  prepared  and    approved by the commission, certified by the
 26    president of the commission to the state controller who, after audit review as
 27    provided by law, shall draw his warrant against the public  utilities  commis-
 28    sion fund for all such claims.
 29        (3)  Any  moneys chapter remaining in the public utilities commission fund
 30    at the end of any fiscal year, shall be retained in said fund for the  use  of
 31    the  commission  for  the  purposes specified in this chapter. Remaining funds
 32    shall be credited ratably by the commission to the respective railroad  corpo-
 33    rations  and  other  public utilities chapter according to the respective por-
 34    tions of such fees determined hereunder to be  assessable  against  each  such
 35    railroad  corporation  and other public utility, respectively, for the ensuing
 36    fiscal year. The respective fee assessed against each railroad corporation and
 37    public utility for such ensuing fiscal year shall be correspondingly  reduced;
 38    provided  that, only moneys paid under the provisions of this chapter by rail-
 39    road corporations and other public utilities shall be considered in  determin-
 40    ing the surplus to be so credited by the commission.
                                                                        
 41        SECTION  34.  That Section 63-3202, Idaho Code, be, and the same is hereby
 42    amended to read as follows:
                                                                        
 43        63-3202.  PROCEDURE FOR ISSUANCE OF NOTES. (1) Whenever  the  state  trea-
 44    surer shall deem it to the best interests of the state of Idaho to issue state
 45    of  Idaho  tax anticipation notes, as provided in section 63-3201, Idaho Code,
 46    the state treasurer shall make written application to the state board of exam-
 47    iners, stating the amount of state of Idaho tax anticipation notes  the  state
 48    treasurer  deems advisable to issue. Upon approval of the state board of exam-
 49    iners by order or resolution duly entered on the minutes of the state board of
 50    examiners, the state treasurer shall  issue  the  tax  anticipation  notes  in
 51    accordance with the provisions of this chapter.
                                                                        
                                           24
                                                                        
  1        (2)  Prior  to the public issuance and public sale of any tax anticipation
  2    note, the state treasurer shall prepare a  written  plan  of  financing  which
  3    shall be filed in the office of the governor. The plan of financing shall pro-
  4    vide for the terms and conditions under which the tax anticipation notes shall
  5    be issued, sold and delivered, the taxes to be anticipated, the maximum amount
  6    of  tax  anticipation notes which may be outstanding at any one time under the
  7    plan of financing, the sources of payment of the tax anticipation notes issued
  8    pursuant to the plan of financing, which may include the proceeds of  sale  of
  9    notes  issued  to refund outstanding tax anticipation notes and to pay accrued
 10    interest thereon, and all other details necessary in connection with the issu-
 11    ance, sale and delivery of the tax anticipation notes. The plan  of  financing
 12    shall specify a method pursuant to which the interest rate or rates on the tax
 13    anticipation  notes  may  be  determined  during the time the tax anticipation
 14    notes are outstanding and shall also set forth the maximum interest rate which
 15    the tax anticipation notes may bear.
 16        (3)  The tax anticipation notes shall bear interest, shall be in the form,
 17    shall be executed in the manner, shall be payable, shall be sold in the manner
 18    and at prices, either at, in excess of, or below the face value  thereof,  and
 19    generally  shall  be issued in the manner and with the details as shall be set
 20    forth in an order of the state treasurer, all in conformity with any  applica-
 21    ble plan of financing and with this chapter.
 22        (4)  Each  tax anticipation note shall recite that it is a valid and bind-
 23    ing obligation of the state of Idaho and that the  faith  and  credit  of  the
 24    state  of  Idaho  is  solemnly pledged for the payment of the principal of and
 25    interest thereon in accordance with its terms and the constitution and laws of
 26    the state of Idaho.
 27        (5)  Each tax anticipation note shall  be  registered  prior  to  issuance
 28    recorded  in  the  office of the state controller. and a legend to that effect
 29    shall appear on each tax anticipation note.
 30        (6)  Immediately upon the completion of  any  sale,  the  state  treasurer
 31    shall  make a verified return of said sale to the state controller, specifying
 32    the amount of notes sold, the person or persons to whom said notes  were  sold
 33    and  the price, terms and conditions of the sale. Immediately upon the sale of
 34    any tax anticipation notes, the state treasurer shall credit the  proceeds  of
 35    sale, other than accrued interest, to the general account of the state operat-
 36    ing fund of the state.
                                                                        
 37        SECTION  35.  That  Section 66-118, Idaho Code, be, and the same is hereby
 38    amended to read as follows:
                                                                        
 39        66-118.  POWERS AND DUTIES OF THE BOARD -- HOSPITALS MANAGED BY --  ANNUAL
 40    REPORT.  The  board  shall  have  complete authority to manage and operate the
 41    State Hospital North, at Orofino; the State Hospital South, at Blackfoot;  the
 42    Idaho  State School and Hospital at Nampa; with authority to establish profes-
 43    sional standards of qualifications for doctors, nurses, superintendents,  gen-
 44    eral  managers,  farm  managers,  attendants,  and all other personnel and may
 45    employ a general business manager for each of  said  hospitals,  and  hospital
 46    personnel  at said hospitals and medical superintendents for each of said hos-
 47    pitals, at its discretion, or a superintendent, or director,  or  manager  who
 48    may  be  over all hospitals. The board shall have complete authority to, or it
 49    is the duty of the board:
 50        (a)  To make rules and regulations for the government  of  said  hospitals
 51    and  to  define the duties of all employees; provided, that the members of the
 52    board shall not be personally liable for any  act  of  any  employee  done  in
 53    violation  of any law, or contrary to any rule or regulation of the board; nor
                                                                        
                                           25
                                                                        
  1    shall any administrative employee of the board be responsible for the  act  of
  2    any other employee done in violation of any laws of the state, or rule or reg-
  3    ulation of the board, or order of the administrative employee;
  4        (b)  To  receive, take and hold property, both real and personal, in trust
  5    for the state and for the use and benefit of such hospitals;
  6        (c)  To visit each of said hospitals at such times as it  deems  necessary
  7    and  to keep itself advised of all expenses and the condition of buildings and
  8    property, the safety and treatment of patients, and require the  general  man-
  9    ager  or  superintendent  to make periodic reports as to the condition of each
 10    hospital and treatment of the patients;
 11        (d)  To require the keeping of a complete and accurate  set  of  books  of
 12    each hospital in accordance with the accounting required of other institutions
 13    of  the  state;  to examine and audit the expenditures of each hospital and to
 14    certify the same to the state controller. The board  shall  require  that  all
 15    itemized  bills,  purchases  and other expenditures made, must be examined and
 16    approved by the head of the hospital making such purchases or expenditures and
 17    then the same must be certified by the board, and  transmitted  to  the  state
 18    controller  to  be  audited  reviewed  and allowed in the same manner as other
 19    accounts against the state are audited reviewed and allowed. When allowed  the
 20    state  controller  must draw his warrant on the state treasurer for the amount
 21    so audited reviewed and allowed, and the state treasurer is hereby  authorized
 22    and  required to pay the same out of any money in the state treasury appropri-
 23    ated therefor;
 24        (e)  To make regulations rules and fix the terms and conditions of payment
 25    of costs of care and treatment of mentally ill persons who are not indigent or
 26    who are not residents of the state, who are admitted to  said  State  Hospital
 27    North,  State Hospital South, or Idaho State School and Hospital, all receipts
 28    from such persons to be paid into the state treasury and credited to  salaries
 29    and wages, other current expense, or capital outlay of the general fund of the
 30    remitting hospital, at the discretion of the board;
 31        (f)  To  enter  into  reciprocal  agreements  with similar boards of other
 32    states for the transfer of residents of those states, who have  been  involun-
 33    tarily  hospitalized  to  any of the aforesaid hospitals in this state, or the
 34    transfer of Idaho residents, who have been involuntarily hospitalized to simi-
 35    lar hospitals in those states, to the appropriate hospital in this state;
 36        (g)  To recognize that or to proceed on the fact that any order of  invol-
 37    untary  hospitalization  of  an  Idaho resident, by judicial action of another
 38    state, shall be sufficient for admitting such resident, without further  judi-
 39    cial action in this state, to a similar hospital in this state;
 40        (h)  To  remove patients in case of necessity, or when they feel it is for
 41    the betterment of the patient's welfare, to an appropriate place at  the  dis-
 42    cretion  of  the board, and to make necessary negotiations to carry out such a
 43    procedure;
 44        (i)  To purchase insurance for any of the medical staff in any of the hos-
 45    pitals against liability for alleged malpractice by  reason  of  any  act,  or
 46    omission, while in the service of the state of Idaho;
 47        (j)  To  remove  and  transfer  from one (1) state hospital to another, or
 48    from a state hospital to a private hospital,  or  to  a  hospital  of  another
 49    state,  or  other government agency, any person confined therein, for the pur-
 50    pose of grouping together classes of mentally ill persons,  or  to  give  them
 51    better medical aid and care;
 52        (k)  To  report  to  the  governor  each year, a statement of receipts and
 53    expenditures, the condition of each hospital, the  number  of  patients  under
 54    treatment at each hospital during the preceding year and such other matters as
 55    may  be  pertinent,  and  to make an annual report to the governor in substan-
                                                                        
                                           26
                                                                        
  1    tially the same manner on or before the 1st day of December prior to each reg-
  2    ular session of the legislature;
  3        (l)  To delegate to the head of the hospital, or to a director or superin-
  4    tendent, or manager of all hospitals the powers and duties vested  by  law  in
  5    the board, at its discretion;
  6        (m)  To  initiate,  create,  or promote procedures, policies and practices
  7    either as a body or in cooperation  with  other  governmental  departments  or
  8    agencies  for  the  general welfare and betterment of the mental health of the
  9    people of the state of Idaho.
                                                                        
 10        SECTION 36.  That Section 67-412, Idaho Code, be, and the same  is  hereby
 11    amended to read as follows:
                                                                        
 12        67-412.  ALLOWANCE  FOR  MEMBERS.  (1)  From and after December 1, 1976, a
 13    member of the legislature of the state of Idaho who, while serving during  any
 14    session  of  the  legislature,  and a lieutenant-governor while performing his
 15    duties as president of the senate who maintains a second home  in  Ada  County
 16    during  such  period  shall receive an allowance of forty dollars ($40.00) per
 17    day while away from home during such period for his away from  home  expenses.
 18    Such  expenses shall be allowed for one (1) extra day prior to and immediately
 19    following each session of the legislature.
 20        (2)  A member of the legislature and a lieutenant-governor of the state of
 21    Idaho who does not maintain a second residence in Ada County during any legis-
 22    lative session,  but who commutes to the legislative sessions from  his  home,
 23    shall be reimbursed for actual travel expenses necessarily incurred in travel-
 24    ing  to  and from the legislature at the rate per mile allowed by the board of
 25    examiners for official travel, not to exceed one (1) round trip  per  day  and
 26    not  to exceed ten dollars ($10.00) total expenses per day, during each day of
 27    the legislative session, including each day after  December  1,  1976,   which
 28    expenses  shall  be  accounted for to the presiding officer of the legislative
 29    body in which the member serves, and shall additionally  receive  the  sum  of
 30    thirty  dollars  ($30.00)  per  day as expenses for board, necessary committee
 31    expenses, and the necessary expenses of maintaining the office of  a  legisla-
 32    tor.
 33        (3)  The legislature of the state of Idaho further finds and declares that
 34    in  the  discharge  of  their official duties it is important that legislators
 35    return to their legislative districts on occasion during the term of each leg-
 36    islative session to confer and  consult  with  their  constituents  concerning
 37    pending  legislation.  Therefore,  commencing January 11, 1971, in addition to
 38    the travel expenses allowed  in  section  23,  article  3  III  of  the  Idaho
 39    Cconstitution,  each  member of the legislature shall be reimbursed for actual
 40    expenses necessarily incurred in travel to and from his home legislative  dis-
 41    trict  on  four  (4)  occasions during each regular legislative session. Reim-
 42    bursement shall be upon voucher submitted in the usual form.
 43        (4)  The legislature of the state of Idaho  finds  and  declares  that  to
 44    enable  the legislature to carry out its constitutional duties and to function
 45    responsibly and effectively as an independent branch of state government,  its
 46    members are required during periods when the legislature is not in session, to
 47    meet  and  correspond  with  officials  of the departments and agencies of the
 48    executive and judicial branches of state government and local  governments  as
 49    well  as  individual  constituents and groups of constituents concerning state
 50    and area problems and concerns, proposed legislation, existing  laws,  and  to
 51    study and prepare proposed legislation. To offset the expense incurred in per-
 52    forming such services and maintaining the office of legislator, each member of
 53    the  forty-fourth legislature of the state of Idaho, and each member of subse-
                                                                        
                                           27
                                                                        
  1    quent legislatures, shall receive for legislative expenses and for the expense
  2    of maintaining the office of legislator while the legislature is not  in  ses-
  3    sion,  the sum of five dollars ($5.00) per day during each day the legislature
  4    is  not  in  session.  This  expense  allowance  shall  be  paid  in   regular
  5    installments  as  determined  by  the state auditor controller and shall be in
  6    addition to all other compensation, either as per diem or expense, paid to any
  7    member of the legislature under the previous subsections or as an  officer  or
  8    member of any council, board, commission or other agency or instrumentality of
  9    the state of Idaho.
 10        (5)  Members of the legislature shall receive the same per diem allowances
 11    and  be reimbursed for actual expenses necessarily incurred in attending meet-
 12    ings or performing services previously authorized by the legislature and  held
 13    during  the interim between legislative sessions in the same manner and in the
 14    same amounts as is are  provided  for  members  of  the  legislative  council,
 15    including each day so spent after December 1, 1976.
                                                                        
 16        SECTION  37.  That Section 67-1004, Idaho Code, be, and the same is hereby
 17    amended to read as follows:
                                                                        
 18        67-1004.  SEAL OF OFFICE -- CERTIFIED COPIES OF DOCUMENTS AS EVIDENCE. The
 19    state controller must, in addition to his original handwritten signature, keep
 20    a seal of office or sign, or and use a facsimile signature, or electronic sig-
 21    nature for the authentication of all papers, writings, and documents  required
 22    by  law to be certified by him, and copies so authenticated  and certified, of
 23    all papers and documents lawfully deposited in his office, must be received in
 24    evidence as the original.
                                                                        
 25        SECTION 38.  That Section 67-1024, Idaho Code, be, and the same is  hereby
 26    amended to read as follows:
                                                                        
 27        67-1024.  REGULATING CLAIMS REQUIRING PAYMENT IN ADVANCE. When an expendi-
 28    ture authorized to be made by any state department, body or officer is of such
 29    a nature as to require payment in advance of performance or delivery, then the
 30    right of the officer to obtain such service or property on behalf of or in the
 31    service  of  the  state  shall constitute a claim against the state to be pre-
 32    sented and allowed as are other claims. The board of  examiners  may,  in  its
 33    discretion, prescribe rules policies and procedures with respect to the filing
 34    and allowance of such claims and the subsequent accounting therefor. Any money
 35    obtained  upon  such  claim and not expended on behalf of or in the service of
 36    the state shall be repaid by the claimant to the state.
                                                                        
 37        SECTION 39.  That Section 67-1041, Idaho Code, be, and the same is  hereby
 38    amended to read as follows:
                                                                        
 39        67-1041.  VOUCHERS  AND  ACCOUNTS  PRESERVED.  Evidence  of  all accounts,
 40    vouchers, and/or documents settled, or to be settled, by the state  controller
 41    or  board  of  examiners must be preserved in his office for not less than two
 42    (2) years, and copies thereof, authenticated by the official seal of the state
 43    controller, shall be given to any person interested therein who  requires  the
 44    same.  After  the  legislative  council  has  indicated  no further need, such
 45    records may be disposed of unless  a  specific  written  request  for  further
 46    retention has been made to the state controller.
                                                                        
 47        SECTION  40.  That Section 67-1081, Idaho Code, be, and the same is hereby
 48    amended to read as follows:
                                                                        
                                           28
                                                                        
  1        67-1081.  SUBMISSION OF ANNUAL FINANCIAL STATEMENT TO STATE CONTROLLER  BY
  2    ALL  TAXING UNITS OF GOVERNMENT -- RULES POLICIES. (1) When requested in addi-
  3    tion to any other statement of financial condition required by law, the  audi-
  4    tor of every county, and the treasurer of any other taxing unit of government,
  5    shall  submit  to the state controller an annual financial report, under oath,
  6    as in this act provided. The state controller shall formulate  rules  policies
  7    necessary hereunder.
  8        (2)  The  state  controller  shall report to the prosecuting attorney, the
  9    refusal or neglect of county officers to obey his instructions. The  prosecut-
 10    ing  attorney,  in  case  of county or municipal officers, shall promptly take
 11    action to enforce a compliance with such instructions of the state controller.
                                                                        
 12        SECTION 41.  That Section 67-1102, Idaho Code, be, and the same is  hereby
 13    amended to read as follows:
                                                                        
 14        67-1102.  RECEIPTS  AND  DISBURSEMENTS  -- CLASSIFICATION -- TABULATION BY
 15    CALENDAR MONTHS. It shall be the duty of the  state  controller  to  classify,
 16    according  to the aforesaid standards, all remittances received into the state
 17    treasury and all disbursements authorized therefrom, and to tabulate the  same
 18    by calendar months from original controller's certificates and data on file in
 19    his office.
                                                                        
 20        SECTION  42.  That Section 67-1103, Idaho Code, be, and the same is hereby
 21    amended to read as follows:
                                                                        
 22        67-1103.  CERTIFICATES AND CLAIM VOUCHERS TO  CONTAIN  DATA  ESSENTIAL  TO
 23    CLASSIFICATION. The state controller shall not issue any certificate authoriz-
 24    ing  the  treasurer  to  receive  money record the receipt, nor file any claim
 25    voucher for disbursement, until all data essential for classification purposes
 26    regarding such document is set forth on such document in accordance  with  the
 27    policies and procedures of the state controller.
                                                                        
 28        SECTION  43.  That Section 67-1209, Idaho Code, be, and the same is hereby
 29    amended to read as follows:
                                                                        
 30        67-1209.  SUSPENSE ACCOUNT. Any state officer, department, board or insti-
 31    tution having or receiving money in  trust  or  for  safe-keeping  safekeeping
 32    pending  its  final  disposition or distribution shall deposit the same in the
 33    state treasury in a special suspense account from which it may be withdrawn or
 34    distributed under rules promulgated by policies and procedures  of  the  state
 35    controller.
                                                                        
 36        SECTION  44.  That Section 67-1610, Idaho Code, be, and the same is hereby
 37    amended to read as follows:
                                                                        
 38        67-1610.  CAPITOL PERMANENT ENDOWMENT FUND. There is hereby created a per-
 39    manent fund within the state treasury to be known  as  the  capitol  permanent
 40    endowment  fund,  consisting  of, from this point forward: (a) the proceeds of
 41    the sale of lands granted to the state of Idaho for the purpose of  facilitat-
 42    ing  the  construction, repair, furnishing and improvement of public buildings
 43    at its capitol by an Act of Congress (26 Stat. L.  214,  ch.  656  (1890)  (as
 44    amended))  entitled "An Act to Provide for the Admission of the State of Idaho
 45    into the Union," comprising thirty-two thousand (32,000) acres, or any portion
 46    thereof, or mineral therein; (b) all unappropriated and unencumbered moneys in
 47    the public building fund shown on the state controller's chart of accounts  as
                                                                        
                                           29
                                                                        
  1    Fund  No.  0481-09 the capitol permanent endowment fund; (c) retained earnings
  2    to compensate for the effects of inflation;  and  (d)  legislative  appropria-
  3    tions.  The  fund  shall  be managed by the endowment fund investment board in
  4    accordance with chapter 5, title 68, Idaho Code. All realized  earnings  shall
  5    be  credited  to the capitol endowment income fund creation created in section
  6    67-1611, Idaho Code.
                                                                        
  7        SECTION 45.  That Section 67-3610, Idaho Code, be, and the same is  hereby
  8    amended to read as follows:
                                                                        
  9        67-3610.  UNIVERSITY  OF IDAHO -- ANNUAL AUDITED FINANCIAL STATEMENT. As a
 10    condition to availability of appropriations made to it,  and  to  institutions
 11    and  activities under its control or supervision, the state board of education
 12    and board of regents of the University of Idaho shall file with the state con-
 13    troller on or before the 20th day of January of each year  for  the  preceding
 14    fiscal  year a date mutually agreed upon by the state controller and the state
 15    board of education and board of regents of the university of Idaho, an audited
 16    financial statement showing receipt of moneys from state and federal appropri-
 17    ations, endowment funds, local and institutional incomes, or  from  any  other
 18    source,  made  to  it  and to institutions and activities under its control or
 19    supervision.
                                                                        
 20        SECTION 46.  That Section 67-7409, Idaho Code, be, and the same is  hereby
 21    amended to read as follows:
                                                                        
 22        67-7409.  POWERS AND DUTIES OF THE DIRECTOR. The director shall be respon-
 23    sible  for  the  daily operations of the lottery, and shall have the following
 24    duties, powers and responsibilities in addition to others herein granted:
 25        (1)  The director shall:
 26        (a)  Operate and administer the lottery in accordance with the  provisions
 27        of  this  act  chapter  and the policies, and rules and regulations of the
 28        lottery;
 29        (b)  Appoint deputy directors, sales personnel  and  security  staff,  who
 30        shall  be  exempt from the provisions of chapter 53, title 67, Idaho Code,
 31        as may be required to carry out the functions and duties  of  his  office;
 32        and
 33        (c)  Hire  professional, technical and other employees as may be necessary
 34        to perform the duties of his office subject to the provisions  of  chapter
 35        53, title 67, Idaho Code.
 36        (2)  The director shall:
 37        (a)  Confer regularly with the commission on the operation and administra-
 38        tion of the lottery;
 39        (b)  Make  available  for  inspection  by  the commission, on request, all
 40        books, records, files, and other information and documents of the lottery;
 41        and
 42        (c)  Advise the commission and make such recommendations as  the  director
 43        considers necessary and advisable to improve the operation and administra-
 44        tion of the lottery.
 45        (3)  The  director  may  enter  into contracts for marketing, advertising,
 46    promotion, research and studies for the lottery and for products and  services
 47    for  effectuating  the  purposes of this chapter, however, contracts for major
 48    procurements must be approved by the commission. The director  may  not  enter
 49    into contracts for the administration of the lottery.
 50        (4)  The director shall:
 51        (a)  Submit  quarterly  financial statements to the commission, the gover-
                                                                        
                                           30
                                                                        
  1        nor, the state treasurer, and the legislature. Such  financial  statements
  2        shall be prepared in accordance with generally accepted accounting princi-
  3        ples  and  shall  include  a  balance  sheet, a statement of operations, a
  4        statement of changes in financial position, and  related  footnotes.  Such
  5        financial statements are to be provided within forty-five (45) days of the
  6        last day of each quarter;
  7        (b)  Submit  annual  financial statements to the commission, the governor,
  8        the state treasurer, and each member of the  legislature.  Such  financial
  9        statements  shall  be  prepared  in  accordance  with  generally  accepted
 10        accounting  principles  and shall include  a balance sheet, a statement of
 11        operations, a statement of changes  in  financial  position,  and  related
 12        footnotes. Such financial statements shall have been examined by the state
 13        controller  legislative services office or a firm of independent certified
 14        public accountants in accordance with generally  accepted  auditing  stan-
 15        dards and shall be provided within ninety (90) days of the last day of the
 16        lottery's fiscal year;
 17        (c)  Report  to the governor and the legislature any matters which require
 18        immediate changes in the laws of this state in order to prevent abuses and
 19        evasions of this act chapter or the rules and regulations of  the  lottery
 20        or  to rectify undesirable conditions in connection with administration or
 21        operation of the lottery;
 22        (d)  Carry on a continuous study and investigation of the lottery to:
 23             (i)   Identify any defects in the provisions of this  chapter  or  in
 24             the  rules  and  regulations of the commission leading to an abuse in
 25             the administration or operation of the lottery or an evasion of  this
 26             act or the rules and regulations of the lottery;
 27             (ii)  Make  recommendations  for changes in this chapter or the rules
 28             and regulations of the lottery to prevent abuses or  evasions  or  to
 29             improve the efficiency of the lottery;
 30             (iii) Ensure  that  the  provisions of this chapter and the rules and
 31             regulations of the lottery are administered and formulated  to  serve
 32             the purposes of this chapter;
 33             (iv)  Prevent the use of the lottery, the provisions of this chapter,
 34             or  the  rules  and regulations of the lottery from fostering profes-
 35             sional gambling or crime;
 36        (e)  Make a continuous study and investigation of:
 37             (i)   The operation and administration of similar laws and  lotteries
 38             in other states and countries;
 39             (ii)  The  available  information  on  the  subject  of lotteries and
 40             related subjects;
 41             (iii) Any federal laws which may affect the operation of the lottery;
 42             and
 43             (iv)  The reaction of citizens of this state to existing  and  poten-
 44             tial features of the lottery with a view to recommending or effecting
 45             changes that will tend to serve the purposes of this chapter.
 46        (5)  The  director shall provide for secure lottery facilities and lottery
 47    systems, including data processing facilities and systems.
 48        (6)  The director shall be responsible for monitoring class III gaming  on
 49    Indian  reservations  as may be required by compacts entered into by the state
 50    in accordance with state statutory law and pursuant to the Indian Gaming Regu-
 51    latory Act, 25 U.S.C. section 2701 et seq. and 18 U.S.C. sections 1166-1168.
 52        (7)  The director shall perform all other acts necessary to carry out  the
 53    purposes and provisions of this chapter.
                                                                        
 54        SECTION  47.  That Section 67-8305, Idaho Code, be, and the same is hereby
                                                                        
                                           31
                                                                        
  1    amended to read as follows:
                                                                        
  2        67-8305.  DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
  3    all moneys received by the institute shall be deposited in  one  (1)  or  more
  4    separate  accounts  in  the  name of the institute in one (1) or more banks or
  5    trust companies approved under chapter 27, title  67,  Idaho  Code,  as  state
  6    depositories. The institute shall designate such banks or trust companies. All
  7    funds  so  deposited  are  hereby continuously appropriated for the purpose of
  8    carrying out the provisions of this chapter.
  9        (2)  Funds can be withdrawn or paid out of such accounts only upon  checks
 10    or  other  orders  upon such accounts signed by two (2) officers designated by
 11    the institute.
 12        (3)  The right is reserved to the state of Idaho to audit the funds of the
 13    institute at any time.
 14        (4)  On or before January 15 of each year, the institute shall  file  with
 15    the senate agricultural affairs committee, the house agricultural affairs com-
 16    mittee,  the  legislative services office, the state controller, and the divi-
 17    sion of financial management, a report showing the annual income and  expenses
 18    by  standard classification of the institute during the preceding fiscal year.
 19    The report shall also include an estimate of income to the institute  for  the
 20    current and next fiscal year and a projection of anticipated expenses by cate-
 21    gory  for  the  current and next fiscal year. From and after January 15, 1998,
 22    the report shall also include a reconciliation between  the  estimated  income
 23    and  expenses  projected  and  the actual income and expenses of the preceding
 24    fiscal year.
 25        (5)  All moneys received or expended by the  institute  shall  be  audited
 26    annually  by  a  certified  public accountant designated by the institute, who
 27    shall furnish a copy of such audit to the state controller director of  legis-
 28    lative services and to the senate agricultural affairs committee and the house
 29    agricultural  affairs  committee.  The  audit shall be completed within ninety
 30    (90) days following the close of the fiscal year.
 31        (6)  The expenditures of the institute are  expressly  exempted  from  the
 32    provisions of sections 67-2007 and 67-2008, Idaho Code.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                                     Moved by    Clark               
                                                                        
                                                     Seconded by Miller              
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENTS TO H.B. NO. 89
                                                                        
  1                               AMENDMENT TO SECTION 29
  2        On page 21 of the printed bill, in lines 37 and 38, delete "audited by the
  3    legislative services office as well as".
                                                                        
  4                                AMENDMENTS TO THE BILL
  5        On page 12, delete lines 38 through 51, delete pages 13  and  14,  and  on
  6    page  15,  delete  lines 1 through 29, and renumber subsequent sections of the
  7    bill accordingly.
                                                                        
  8                                 CORRECTIONS TO TITLE
  9        On page 1, in line 22, following "CONTROLLER;" delete the remainder of the
 10    line, delete all of lines 23 and 24, and in line 25, delete "MENT TO  ADMINIS-
 11    TER  THE  ACCOUNT;";  and on page 2, in line 4, following "REQUIRE" delete the
 12    remainder of the line, and in line  5, delete "TIVE SERVICES AND".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 89, As Amended
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE POWERS AND DUTIES OF THE STATE CONTROLLER; REPEALING  SECTIONS
  3        50-1012  AND  57-726,  IDAHO CODE; AMENDING SECTION 1-2008, IDAHO CODE, TO
  4        STRIKE DUTY OF THE STATE CONTROLLER TO  SIGN  CERTAIN  VOUCHERS;  AMENDING
  5        SECTION 11-202, IDAHO CODE, TO CLARIFY DUTIES OF THE STATE CONTROLLER WHEN
  6        SERVED  WITH  NOTICE  OF  GARNISHMENT  AND TO MAKE A TECHNICAL CORRECTION;
  7        AMENDING SECTIONS 22-1209 AND 22-1803, IDAHO CODE, TO REQUIRE DELIVERY  OF
  8        AUDITS  TO  THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE STATE CON-
  9        TROLLER; AMENDING SECTION 22-2809, IDAHO  CODE,  TO  REQUIRE  APPROVAL  OF
 10        CLAIMS  AND ISSUANCE OF WARRANTS AND TO MAKE TECHNICAL CORRECTIONS; AMEND-
 11        ING SECTIONS 22-2919 AND 22-3319,  IDAHO  CODE,  TO  REQUIRE  DELIVERY  OF
 12        AUDITS  TO  THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE STATE CON-
 13        TROLLER; AMENDING SECTION 22-3510, IDAHO  CODE,  TO  REQUIRE  DELIVERY  OF
 14        AUDITS  TO  THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE STATE CON-
 15        TROLLER AND TO MAKE  TECHNICAL  CORRECTIONS;  AMENDING  SECTIONS  22-3607,
 16        22-3707,  22-4010, 22-4215 AND 22-4720, IDAHO CODE, TO REQUIRE DELIVERY OF
 17        AUDITS TO THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE  STATE  CON-
 18        TROLLER;  AMENDING  SECTION  25-156,  IDAHO  CODE,  TO REQUIRE DELIVERY OF
 19        AUDITS TO THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE  STATE  CON-
 20        TROLLER  AND  TO  MAKE  A  TECHNICAL CORRECTION; AMENDING SECTION 25-3112,
 21        IDAHO CODE, TO REQUIRE DELIVERY OF AUDITS TO  THE  OFFICE  OF  LEGISLATIVE
 22        SERVICES  INSTEAD  OF THE STATE CONTROLLER; AMENDING SECTION 36-301, IDAHO
 23        CODE, TO STRIKE DUTY OF THE STATE CONTROLLER RELATING TO VARIOUS  FISHING,
 24        HUNTING  AND  TRAPPING LICENSES AND TO REQUIRE THE DIRECTOR OF THE DEPART-
 25        MENT TO ACCOUNT FOR THE FORMS; AMENDING SECTION  38-131,  IDAHO  CODE,  TO
 26        STRIKE  REQUIREMENT  FOR  NOTICE  TO THE STATE TREASURER PRIOR TO ISSUE OF
 27        DEFICIENCY WARRANTS AGAINST THE GENERAL FUND;  AMENDING  SECTION  38-131A,
 28        IDAHO  CODE,  TO  STRIKE THE REQUIREMENT FOR NOTICE TO THE STATE TREASURER
 29        PRIOR TO ISSUE OF DEFICIENCY WARRANTS AGAINST THE GENERAL FUND AND TO MAKE
 30        A TECHNICAL CORRECTION; AMENDING SECTION 38-1517, IDAHO CODE,  TO  REQUIRE
 31        DELIVERY  OF AUDITS TO THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE
 32        STATE CONTROLLER AND  TO  MAKE  TECHNICAL  CORRECTIONS;  AMENDING  SECTION
 33        39-7110,  IDAHO  CODE, TO STRIKE REQUIREMENT FOR NOTICE TO THE STATE TREA-
 34        SURER PRIOR TO ISSUE OF DEFICIENCY WARRANTS AGAINST THE GENERAL  FUND  AND
 35        TO  MAKE  TECHNICAL  CORRECTIONS;  AMENDING SECTION 40-715, IDAHO CODE, TO
 36        CORRECT TERMINOLOGY REFERENCING WARRANTS; AMENDING SECTION 42-1718,  IDAHO
 37        CODE,  TO  STRIKE  REQUIREMENT  FOR NOTICE TO THE STATE TREASURER PRIOR TO
 38        ISSUE OF DEFICIENCY WARRANTS AGAINST THE GENERAL  FUND;  AMENDING  SECTION
 39        42-2807, IDAHO CODE, TO STRIKE REQUIREMENT OF NOTICE TO THE STATE CONTROL-
 40        LER,  TO  REQUIRE NOTICE TO THE STATE AGENCY RESPONSIBLE FOR MANAGEMENT OF
 41        AFFECTED STATE OWNED LAND AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC-
 42        TION 50-1047, IDAHO CODE, TO STRIKE REQUIREMENT FOR NOTICE  TO  THE  STATE
 43        CONTROLLER  OF CERTAIN ORDINANCES OR AMENDMENTS; AMENDING SECTION 50-2611,
 44        IDAHO CODE, TO STRIKE REFERENCE TO REGULATIONS AND  INCLUDE  REFERENCE  TO
 45        RULES  OR  PROCEDURES;  AMENDING  SECTION  54-3607, IDAHO CODE, TO REQUIRE
 46        DELIVERY OF AUDITS TO THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF  THE
                                                                        
                                           2
                                                                        
  1        STATE  CONTROLLER; AMENDING SECTION 58-1408, IDAHO CODE, TO REQUIRE ACCESS
  2        BY THE STATE CONTROLLER AND THE PUBLIC TO RECORDS OF THE  IDAHO  RANGELAND
  3        RESOURCES  COMMISSION; AMENDING SECTION 58-1415, IDAHO CODE, TO ADOPT COR-
  4        RECT TERMINOLOGY, TO REQUIRE DELIVERY OF AUDITS TO THE DIRECTOR OF  LEGIS-
  5        LATIVE  SERVICES  INSTEAD  OF THE STATE CONTROLLER AND TO MAKE A TECHNICAL
  6        CORRECTION; AMENDING SECTIONS 59-1105 AND 59-1108, IDAHO  CODE,  TO  ADOPT
  7        CORRECT TERMINOLOGY; AMENDING SECTION 61-1008, IDAHO CODE, TO CORRECT TER-
  8        MINOLOGY REGARDING AUTHORITY OF THE STATE CONTROLLER TO REVIEW VOUCHERS OF
  9        THE  PUBLIC UTILITIES COMMISSION AND TO MAKE A CODIFIER CORRECTION; AMEND-
 10        ING SECTION 63-3202, IDAHO CODE, TO CORRECT TERMINOLOGY REGARDING  RECORD-
 11        ING  TAX  ANTICIPATION  NOTES AND TO MAKE A TECHNICAL CORRECTION; AMENDING
 12        SECTION 66-118, IDAHO CODE, TO ADOPT CORRECT TERMINOLOGY REGARDING AUTHOR-
 13        ITY OF THE STATE CONTROLLER TO REVIEW RECORDS OF  CERTAIN  STATE  OPERATED
 14        HOSPITALS;  AMENDING SECTION 67-412, IDAHO CODE, TO PROVIDE CORRECT TERMI-
 15        NOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 67-1004,  IDAHO
 16        CODE,  TO STRIKE REFERENCE TO A SEAL OF THE OFFICE OF THE STATE CONTROLLER
 17        AND TO AUTHORIZE USE OF AN ELECTRONIC SIGNATURE; AMENDING SECTION 67-1024,
 18        IDAHO CODE, TO ADOPT CORRECT TERMINOLOGY  REGARDING  POLICIES  AND  PROCE-
 19        DURES;  AMENDING  SECTION  67-1041, IDAHO CODE, TO STRIKE REQUIREMENTS FOR
 20        RETENTION OF CERTAIN RECORDS BY THE  STATE  CONTROLLER;  AMENDING  SECTION
 21        67-1081,  IDAHO  CODE, TO ADOPT CORRECT TERMINOLOGY REGARDING POLICIES AND
 22        PROCEDURES; AMENDING SECTION 67-1102, IDAHO CODE, TO STRIKE OBSOLETE  REF-
 23        ERENCE  TO  ORIGINAL  CONTROLLER'S CERTIFICATES; AMENDING SECTION 67-1103,
 24        IDAHO CODE, TO PROVIDE CURRENT TERMINOLOGY GOVERNING PROCEDURE  TO  RECORD
 25        RECEIPTS; AMENDING SECTION 67-1209, IDAHO CODE, TO ADOPT CORRECT TERMINOL-
 26        OGY  REGARDING POLICIES AND PROCEDURES AND TO MAKE A TECHNICAL CORRECTION;
 27        AMENDING  SECTION  67-1610,  IDAHO  CODE,  TO  ADOPT  CORRECT  TERMINOLOGY
 28        REFERENCING THE CAPITOL PERMANENT ENDOWMENT FUND AND TO MAKE  A  TECHNICAL
 29        CORRECTION;  AMENDING SECTION 67-3610, IDAHO CODE, TO ALLOW THE STATE CON-
 30        TROLLER AND THE STATE BOARD OF EDUCATION AND BOARD OF REGENTS OF THE  UNI-
 31        VERSITY  OF  IDAHO  TO ADOPT A MUTUALLY AGREED UPON DATE FOR SUBMISSION OF
 32        FINANCIAL STATEMENT; AMENDING SECTION  67-7409,  IDAHO  CODE,  TO  REQUIRE
 33        EXAMINATION  OF  FINANCIAL  STATEMENTS  BY THE LEGISLATIVE SERVICES OFFICE
 34        INSTEAD OF THE STATE CONTROLLER AND TO  MAKE  TECHNICAL  CORRECTIONS;  AND
 35        AMENDING SECTION 67-8305, IDAHO CODE, TO REQUIRE DELIVERY OF AUDITS TO THE
 36        DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE STATE CONTROLLER.
                                                                        
 37    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 38        SECTION 1.  That Sections 50-1012 and 57-726, Idaho Code, be, and the same
 39    are hereby repealed.
                                                                        
 40        SECTION  2.  That  Section  1-2008, Idaho Code, be, and the same is hereby
 41    amended to read as follows:
                                                                        
 42        1-2008.  INVESTMENT OF JUDGES' RETIREMENT FUND. The investment board shall
 43    at the direction of the supreme court select and contract with  a  minimum  of
 44    one  (1) investment manager to manage the investment of the judges' retirement
 45    fund. The investment manager(s) shall, subject to the direction of the  board,
 46    exert  control  over  the  funds  as though the investment manager(s) were the
 47    owner thereof, subject to the limitation hereinafter provided. The  investment
 48    manager(s)  is  hereby authorized to invest the judges' retirement fund in the
 49    following manner and in the  following  investments  or  securities  and  none
 50    others:
 51        (1)  Bonds,  notes or other obligations of the United States or any agency
                                                                        
                                           3
                                                                        
  1    or instrumentality thereof.
  2        (2)  Money market mutual funds.
  3        (3)  Bonds, notes, or other obligations of the  state  of  Idaho  and  its
  4    political  subdivisions, or bonds, notes, or other obligations of other states
  5    and their political subdivisions, provided such bonds, notes, or other obliga-
  6    tions or the issuing agency for other than the state of Idaho and its  politi-
  7    cal  subdivisions have, at the time of their purchase, an AAA rating by a com-
  8    monly known rating service.
  9        (4)  Bonds, debentures or notes of any corporation organized,  controlled,
 10    and  operating  within the United States which have, at the time of their pur-
 11    chase, an A rating or higher by a commonly known rating service.
 12        (5)  Corporate obligations designated as corporate convertible debt  secu-
 13    rities.
 14        (6)  Obligations  secured by mortgages constituting a first lien upon real
 15    property of the state of Idaho which are fully insured or guaranteed as to the
 16    payment of the principal by the government of the United States or any  agency
 17    thereof.
 18        (7)  Time certificates of deposit and savings accounts.
 19        (8)  Common or preferred stocks of corporations.
 20        (9)  Commercial  paper, which at the time of purchase, is rated prime 1 by
 21    moody's investors service incorporated or is rated A-1 or higher  by  standard
 22    and poor's corporation.
 23        In  acquiring,  investing, reinvesting, exchanging, retaining, selling and
 24    managing  the moneys and securities of the  fund,  the  investment  manager(s)
 25    shall  be  governed by the prudent man investment act, sections 68-501 through
 26    68-506, Idaho Code; provided, however, that the supreme court may in its  sole
 27    discretion,  limit  the  types,  kinds  and  amounts  of such investments. The
 28    investment board  shall  be  responsible  for  assuring  that  the  investment
 29    manager(s)  complies  with  this  act.  The  investment  board, subject to the
 30    approval of the supreme court, is hereby authorized  to  select  and  contract
 31    with  a  bank or trust company located in the state of Idaho, to act as custo-
 32    dian of the judges' retirement fund, who shall hold all securities and  moneys
 33    of  the judges' retirement fund and shall collect the principal, dividends and
 34    interest thereof when due and pay the same into the judges'  retirement  fund.
 35    The  state  treasurer  shall  pay all warrants drawn on the judges' retirement
 36    fund for making such investments when issued pursuant to  vouchers  signed  by
 37    the chief justice of the supreme court. and by the state controller.
                                                                        
 38        SECTION  3.  That  Section  11-202, Idaho Code, be, and the same is hereby
 39    amended to read as follows:
                                                                        
 40        11-202.  DEBTS OWING BY STATE OF IDAHO SUBJECT TO EXECUTION OR GARNISHMENT
 41    AFTER JUDGMENT. Debts, moneys and credits due or owing by the state  of  Idaho
 42    to  any  person whomsoever, except an elective official of the state of Idaho,
 43    shall be subject to execution and garnishment  after  final  judgment  against
 44    such person for the satisfaction of such judgment by service by the sheriff of
 45    Ada  Ccounty, Idaho, upon the state controller of a copy of the writ of execu-
 46    tion and a notice of garnishment signed by such  officer  in  duplicate.,  and
 47    tThe  state  controller shall at the time of the such service of such writ and
 48    notice collect a fee of ten dollars ($10.00) therefor from said  officer.  and
 49    tThe  state  controller  shall thereafter have a period of thirty (30) days in
 50    which to answer said notice of garnishment. and  he  shall  immediately  after
 51    such  service notify the board of examiners of the state of Idaho thereof, and
 52    upon the claim of such person being allowed by the state board  of  examiners,
 53    The  state  controller  shall  pay, in the usual manner provided by law to the
                                                                        
                                           4
                                                                        
  1    officer serving said writ of execution and  notice  of  judgment,  the  amount
  2    thereof  so  levied upon or garnisheed, or so much thereof as is necessary for
  3    the satisfaction of the writ of execution and to satisfy  said  judgment  upon
  4    which  the same was issued, and not subject to excluding any exemption as pro-
  5    vided for by law. and claimed by said person, shall be paid by the state  con-
  6    troller  in  the usual manner provided by law to the officer serving said writ
  7    and notice, and said The officer's receipt  therefor  shall  be  a  sufficient
  8    release  of the state of Idaho and the state controller, of said claim of such
  9    person.
                                                                        
 10        SECTION 4.  That Section 22-1209, Idaho Code, be, and the same  is  hereby
 11    amended to read as follows:
                                                                        
 12        22-1209.  DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
 13    all  moneys received by the commission shall be deposited in one or more sepa-
 14    rate accounts in the name of the commission in one or more banks or trust com-
 15    panies approved under chapter 27, title 67, Idaho Code, as state depositories.
 16    The commission shall designate such banks or trust  companies.  All  funds  so
 17    deposited are hereby continuously appropriated for the purpose of carrying out
 18    the provisions of this chapter.
 19        (2)  Funds  can be withdrawn or paid out of such accounts only upon checks
 20    or other orders upon such accounts signed by two (2)  officers  designated  by
 21    the commission.
 22        (3)  The right is reserved to the state of Idaho to audit the funds of the
 23    commission at any time.
 24        (4)  On  or before January 15 of each year, the commission shall file with
 25    the senate agricultural affairs committee, the house agricultural affairs com-
 26    mittee, the legislative services office, the state controller, and  the  divi-
 27    sion  of financial management, a report showing the annual income and expenses
 28    by standard classification of the commission during the preceding fiscal year.
 29    The report shall also include an estimate of income to the commission for  the
 30    current and next fiscal year and a projection of anticipated expenses by cate-
 31    gory  for  the  current and next fiscal year. From and after January 15, 1989,
 32    the report shall also include a reconciliation between  the  estimated  income
 33    and  expenses  projected  and  the actual income and expenses of the preceding
 34    fiscal year.
 35        (5)  All moneys received or expended by the commission  shall  be  audited
 36    annually  by  a  certified public accountant designated by the commission, who
 37    shall furnish a copy of such audit to the state controller director of  legis-
 38    lative services and to the senate agricultural affairs committee and the house
 39    agricultural  affairs  committee.  The  audit shall be completed within ninety
 40    (90) days following the close of the fiscal year.
 41        (6)  The expenditures of the commission are expressly  exempted  from  the
 42    provisions of sections 67-2007 and 67-2008, Idaho Code.
                                                                        
 43        SECTION  5.  That  Section 22-1803, Idaho Code, be, and the same is hereby
 44    amended to read as follows:
                                                                        
 45        22-1803.  DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
 46    all moneys received by the commission shall be deposited in one  (1)  or  more
 47    separate  accounts  in  the name of the commission in one (1) or more banks or
 48    trust companies approved under chapter 27, title  67,  Idaho  Code,  as  state
 49    depositories.  The  commission  shall designate such banks or trust companies.
 50    All funds so deposited are hereby continuously appropriated for the purpose of
 51    carrying out the provisions of  this  chapter.  Any  interest  earned  on  the
                                                                        
                                           5
                                                                        
  1    investment of idle moneys in an account shall be returned to the account.
  2        (2)  Funds  can be withdrawn or paid out of such accounts only upon checks
  3    or other orders upon such accounts signed by two (2)  officers  designated  by
  4    the commission.
  5        (3)  The right is reserved to the state of Idaho to audit the funds of the
  6    commission at any time.
  7        (4)  On  or before January 15 of each year, the commission shall file with
  8    the senate agricultural affairs committee, the house agricultural affairs com-
  9    mittee, the legislative services office, the state controller, and  the  divi-
 10    sion  of financial management, a report showing the annual income and expenses
 11    by standard classification of the commission during the preceding fiscal year.
 12    The report shall also include an estimate of income to the commission for  the
 13    current and next fiscal year and a projection of anticipated expenses by cate-
 14    gory  for  the  current  and next fiscal year. The report shall also include a
 15    reconciliation between the estimated income and  expenses  projected  and  the
 16    actual income and expenses of the preceding fiscal year.
 17        (5)  All  moneys  received  or expended by the commission shall be audited
 18    biennially, but shall address every year distinctly,  by  a  certified  public
 19    accountant  designated  by  the  commission,  who shall furnish a copy of such
 20    audit to the state controller director of legislative services and to the sen-
 21    ate agricultural affairs committee and the house of  representatives  agricul-
 22    tural  affairs committee. The audit shall be completed within ninety (90) days
 23    following the close of the fiscal year.
 24        (6)  The expenditures of the commission are expressly  exempted  from  the
 25    provisions of sections 67-2007 and 67-2008, Idaho Code.
                                                                        
 26        SECTION  6.  That  Section 22-2809, Idaho Code, be, and the same is hereby
 27    amended to read as follows:
                                                                        
 28        22-2809.  PAYMENT OF EXPENSES AND COSTS. All expenses and  costs  incurred
 29    in  the  administration  of  this  act  shall  be paid out of the Idaho Hhoney
 30    Aadvertising Ffund. The commission shall keep an accurate record of all  costs
 31    and  expenditures  and  will  report the same by publication on October 1st of
 32    each year. All expenses and costs incurred and contracted for by  the  commis-
 33    sion  in  performing its duties under this act shall be paid out of such Idaho
 34    Hhoney Aadvertising Ffund in the following manner: Vvouchers shall be approved
 35    and submitted by the commission chairman, to the state controller, who  shall,
 36    upon  approval by the state board of examiners, forthwith submit such vouchers
 37    to the state treasurer for issue of warrants therefor to the director  or  his
 38    designated  representative of the Idaho department of agriculture for approval
 39    and subsequent issuance of a warrant by the state controller.
                                                                        
 40        SECTION 7.  That Section 22-2919, Idaho Code, be, and the same  is  hereby
 41    amended to read as follows:
                                                                        
 42        22-2919.  DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
 43    all  moneys received by the commission shall be deposited in one or more sepa-
 44    rate accounts in the name of the commission in one or more banks or trust com-
 45    panies approved under chapter 27, title 67, Idaho Code, as state depositories.
 46    The commission shall designate such banks or trust  companies.  All  funds  so
 47    deposited are hereby continuously appropriated for the purpose of carrying out
 48    the provisions of this chapter.
 49        (2)  Funds  can be withdrawn or paid out of such accounts only upon checks
 50    or other orders upon such accounts signed by two (2)  officers  designated  by
 51    the commission.
                                                                        
                                           6
                                                                        
  1        (3)  The right is reserved to the state of Idaho to audit the funds of the
  2    commission at any time.
  3        (4)  On  or before January 15 of each year, the commission shall file with
  4    the senate agricultural affairs committee, the house agricultural affairs com-
  5    mittee, the legislative services office, the state controller, and  the  divi-
  6    sion  of financial management, a report showing the annual income and expenses
  7    by standard classification of the commission during the preceding fiscal year.
  8    The report shall also include an estimate of income to the commission for  the
  9    current and next fiscal year and a projection of anticipated expenses by cate-
 10    gory  for  the  current and next fiscal year. From and after January 15, 1989,
 11    the report shall also include a reconciliation between  the  estimated  income
 12    and  expenses  projected  and  the actual income and expenses of the preceding
 13    fiscal year.
 14        (5)  All moneys received or expended by the commission  shall  be  audited
 15    biennially  by a certified public accountant designated by the commission, who
 16    shall furnish a copy of such audit to the state controller director of  legis-
 17    lative services and to the senate agricultural affairs committee and the house
 18    agricultural  affairs  committee.  The  audit shall be completed within ninety
 19    (90) days following the close of the fiscal year.
 20        (6)  The expenditures of the commission are expressly  exempted  from  the
 21    provisions of sections 67-2007 and 67-2008, Idaho Code.
                                                                        
 22        SECTION  8.  That  Section 22-3319, Idaho Code, be, and the same is hereby
 23    amended to read as follows:
                                                                        
 24        22-3319.  DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
 25    all moneys received by the commission shall be deposited in one or more  sepa-
 26    rate accounts in the name of the commission in one or more banks or trust com-
 27    panies approved under chapter 27, title 67, Idaho Code, as state depositories.
 28    The  commission  shall  designate  such banks or trust companies. All funds so
 29    deposited are hereby continuously appropriated for the purpose of carrying out
 30    the provisions of this chapter.
 31        (2)  Funds can be withdrawn or paid out of such accounts only upon  checks
 32    or  other  orders  upon such accounts signed by two (2) officers designated by
 33    the commission.
 34        (3)  The right is reserved to the state of Idaho to audit the funds of the
 35    commission at any time.
 36        (4)  On or before January 15 of each year, the commission shall file  with
 37    the senate agricultural affairs committee, the house agricultural affairs com-
 38    mittee,  the  legislative services office, the state controller, and the divi-
 39    sion of financial management, a report showing the annual income and  expenses
 40    by standard classification of the commission during the preceding fiscal year.
 41    The report shall also include an estimate of income to the commission  for the
 42    current and next fiscal year and a projection of anticipated expenses by cate-
 43    gory  for  the  current and next fiscal year. From and after January 15, 1989,
 44    the report shall also include a reconciliation between  the  estimated  income
 45    and  expenses  projected  and  the actual income and expenses of the preceding
 46    fiscal year.
 47        (5)  All moneys received or expended by the commission  shall  be  audited
 48    annually  by  a  certified public accountant designated by the commission, who
 49    shall furnish a copy of such audit to the state controller director of  legis-
 50    lative services and to the senate agricultural affairs committee and the house
 51    agricultural  affairs  committee.  The  audit shall be completed within ninety
 52    (90) days following the close of the fiscal year.
 53        (6)  The expenditures of the commission are expressly  exempted  from  the
                                                                        
                                           7
                                                                        
  1    provisions of sections 67-2007 and 67-2008, Idaho Code.
                                                                        
  2        SECTION  9.  That  Section 22-3510, Idaho Code, be, and the same is hereby
  3    amended to read as follows:
                                                                        
  4        22-3510.  DUTIES AND POWERS OF COMMISSION. (1) Consistent with the general
  5    purposes of this chapter, the commission shall establish the  policies  to  be
  6    followed in the accomplishments of such purposes.
  7        (2)  In  the administration of the act, the commission shall have the fol-
  8    lowing duties, authorities and powers:
  9        (a)  To conduct a campaign of research, education and publicity.
 10        (b)  To find new markets for pea and lentil products.
 11        (c)  To give, publicize and promulgate reliable  information  showing  the
 12        value  of peas and lentils for any purpose for which they are found useful
 13        and profitable.
 14        (d)  To make public and encourage the  widespread  national  and  interna-
 15        tional  use  of the special kinds of pea and lentil products produced from
 16        all varieties of peas and lentils grown in Idaho.
 17        (e)  To investigate and participate in studies of the problems peculiar to
 18        the producers of peas and lentils in Idaho.
 19        (f)  To take such action as the commission deems necessary or advisable in
 20        order to stabilize and protect the pea and lentil industry of the state.
 21        (g)  To sue and be sued.
 22        (h)  To enter into such contracts as may be necessary or advisable.
 23        (i)  To appoint and employ all necessary officers, agents and  other  per-
 24        sonnel,  including experts in agriculture and the publicizing of the prod-
 25        ucts thereof, and to prescribe their duties and fix their compensation.
 26        (j)  To make use of such advertising means and methods as  the  commission
 27        deems  advisable  and  to enter into contracts and agreements for research
 28        and advertising within and without the state.
 29        (k)  To cooperate with  any  local,  state  or  national  organization  or
 30        agency,  whether  voluntary  or  created  by  the  law  of any state or by
 31        national law, engaged in work or activities similar to the work and activ-
 32        ities of the commission, and to enter into contracts and  agreements  with
 33        such  organizations  or  agencies  for  carrying  on  a  joint campaign of
 34        research, education and publicity and reciprocal enforcement.
 35        (l)  To lease, purchase or own the real or personal property deemed neces-
 36        sary in the administration of this act chapter.
 37        (m)  To prosecute in the name of the state of Idaho any suit or action for
 38        collection of the assessment provided for in this act chapter.
 39        (n)  To adopt, rescind, modify and amend all necessary and proper  orders,
 40        resolutions  and  regulations for the procedure and exercise of its powers
 41        and the performance of its duties.
 42        (o)  To incur indebtedness and repay the same, and carry on  all  business
 43        activities.
 44        (p)  To  keep or cause to be kept in accordance with accepted standards of
 45        good accounting practice, accurate records  of  all  assessments,  collec-
 46        tions,  receipts,  deposits, withdrawals, disbursements, paid outs, moneys
 47        and other financial transactions made and done  pursuant  to  this  order.
 48        Such records, books and accounts shall be audited subject to lawful, sound
 49        procedures  and methods of accounting at least annually and a copy of such
 50        audit shall be delivered within thirty (30) days after completion  thereof
 51        to the governor, commissioner of agriculture, state controller director of
 52        legislative  services  and the commission. The books, records and accounts
 53        shall be open to inspection by the state  controller  and  public  at  all
                                                                        
                                           8
                                                                        
  1        times.
  2        (q)  To  mMake  a  full and complete report available to all Idaho pea and
  3    lentil producers annually, and once every five (5) years,  commencing  May  1,
  4    1970, poll each grower as to the advisability of continuing the commission. If
  5    a  majority of the growers representative of a majority of the pounds produced
  6    request a repeal of this act, the commission shall at the next session of  the
  7    legislature request a repeal.
                                                                        
  8        SECTION  10.  That Section 22-3607, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        22-3607.  DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
 11    all moneys received by the commission shall be deposited in one or more  sepa-
 12    rate accounts in the name of the commission in one or more banks or trust com-
 13    panies approved under chapter 27, title 67, Idaho Code, as state depositories.
 14    The  commission  shall  designate  such banks or trust companies. All funds so
 15    deposited are hereby continuously appropriated for the purpose of carrying out
 16    the provisions of this chapter.
 17        (2)  Funds can be withdrawn or paid out of such accounts only upon  checks
 18    or  other  orders  upon such accounts signed by two (2) officers designated by
 19    the commission.
 20        (3)  The right is reserved to the state of Idaho to audit the funds of the
 21    commission at any time.
 22        (4)  On or before January 15 of each year, the commission shall file  with
 23    the senate agricultural affairs committee, the house agricultural affairs com-
 24    mittee,  the  legislative services office, the state controller, and the divi-
 25    sion of financial management, a report showing the annual income and  expenses
 26    by standard classification of the commission during the preceding fiscal year.
 27    The  report shall also include an estimate of income to the commission for the
 28    current and next fiscal year and a projection of anticipated expenses by cate-
 29    gory for the current and next fiscal year. From and after  January  15,  1989,
 30    the  report  shall  also include a reconciliation between the estimated income
 31    and expenses projected and the actual income and  expenses  of  the  preceding
 32    fiscal year.
 33        (5)  All  moneys  received  or expended by the commission shall be audited
 34    biennially by a certified public accountant designated by the commission,  who
 35    shall  furnish a copy of such audit to the state controller director of legis-
 36    lative services and to the senate agricultural affairs committee and the house
 37    agricultural affairs committee. The audit shall  be  completed  within  ninety
 38    (90) days following the close of the fiscal year.
 39        (6)  The  expenditures  of  the commission are expressly exempted from the
 40    provisions of sections 67-2007 and 67-2008, Idaho Code.
                                                                        
 41        SECTION 11.  That Section 22-3707, Idaho Code, be, and the same is  hereby
 42    amended to read as follows:
                                                                        
 43        22-3707.  DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
 44    all  moneys received by the commission shall be deposited in one or more sepa-
 45    rate accounts in the name of the commission in one or more banks or trust com-
 46    panies approved under chapter 27, title 67, Idaho Code, as state depositories.
 47    The commission shall designate such banks or trust  companies.  All  funds  so
 48    deposited are hereby continuously appropriated for the purpose of carrying out
 49    the provisions of this chapter.
 50        (2)  Funds  can be withdrawn or paid out of such accounts only upon checks
 51    or other orders upon such accounts signed by two (2)  officers  designated  by
                                                                        
                                           9
                                                                        
  1    the commission.
  2        (3)  The right is reserved to the state of Idaho to audit the funds of the
  3    commission at any time.
  4        (4)  On  or before January 15 of each year, the commission shall file with
  5    the senate agricultural affairs committee, the house agricultural affairs com-
  6    mittee, the legislative services office, the state controller, and  the  divi-
  7    sion  of financial management, a report showing the annual income and expenses
  8    by standard classification of the commission during the preceding fiscal year.
  9    The report shall also include an estimate of income to the commission for  the
 10    current and next fiscal year and a projection of anticipated expenses by cate-
 11    gory  for  the  current and next fiscal year. From and after January 15, 1990,
 12    the report shall also include a reconciliation between  the  estimated  income
 13    and  expenses  projected  and  the actual income and expenses of the preceding
 14    fiscal year.
 15        (5)  All moneys received or expended by the commission  shall  be  audited
 16    biennially  by a certified public accountant designated by the commission, who
 17    shall furnish a copy of such audit to the state controller director of  legis-
 18    lative services and to the senate agricultural affairs committee and the house
 19    agricultural  affairs  committee.  The  audit shall be completed within ninety
 20    (90) days following the close of the fiscal year.
 21        (6)  The expenditures of the commission are expressly  exempted  from  the
 22    provisions of sections 67-2007 and 67-2008, Idaho Code.
                                                                        
 23        SECTION  12.  That Section 22-4010, Idaho Code, be, and the same is hereby
 24    amended to read as follows:
                                                                        
 25        22-4010.  DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
 26    all grants, donations and gifts of funds from any source for  expenditure  for
 27    any purpose consistent with this chapter which may be specified as a condition
 28    of  any  grant,  donation  or gift, and all of the revenues received under the
 29    provisions of section 22-4017, Idaho Code, shall be deposited in one  or  more
 30    separate  accounts in the name of the commission in one or more banks or trust
 31    companies approved under chapter 27, title 67, Idaho Code, as state  deposito-
 32    ries.  The commission shall designate such banks or trust companies. All funds
 33    so deposited  are hereby continuously appropriated for the purpose of carrying
 34    out the provisions of this chapter.
 35        (2)  Funds can be withdrawn or paid out of such accounts only upon  checks
 36    or  other  orders  upon such accounts signed by two (2) officers designated by
 37    the commission.
 38        (3)  The right is reserved to the state of Idaho to audit the funds of the
 39    commission at any time.
 40        (4)  On or before January 15 of each year, the commission shall file  with
 41    the senate agricultural affairs committee, the house agricultural affairs com-
 42    mittee,  the  legislative services office, the state controller, and the divi-
 43    sion of financial management, a report showing the annual income to  the  com-
 44    mission  during  the  preceding  fiscal year. The report shall also include an
 45    estimate of income to the commission for the current fiscal year and a projec-
 46    tion of anticipated expenses by category for the current fiscal year. From and
 47    after January 15, 1989, the report shall also include a reconciliation between
 48    the estimated income and expenses projected and the actual income and expenses
 49    of the preceding fiscal year.
 50        (5)  All moneys received or expended by the commission  shall  be  audited
 51    every  second  year,  but  shall address every year distinctly, by a certified
 52    public accountant designated by the commission, who shall furnish  a  copy  of
 53    such audit to the state controller director of legislative services and to the
                                                                        
                                           10
                                                                        
  1    senate  agricultural affairs committee and the house agricultural affairs com-
  2    mittee. The audit shall be completed within ninety  (90)  days  following  the
  3    close of the fiscal year.
  4        (6)  The  expenditures  of  the commission are expressly exempted from the
  5    provisions of sections 67-2007 and 67-2008, Idaho Code.
                                                                        
  6        SECTION 13.  That Section 22-4215, Idaho Code, be, and the same is  hereby
  7    amended to read as follows:
                                                                        
  8        22-4215.  DEPOSIT  OF ASSESSMENTS -- WITHDRAWAL METHOD -- EXPENSES -- BOND
  9    REQUIRED -- AUDIT. (1) All receipts  for  the  commission  will  be  deposited
 10    within  five  (5)  working  days of being received, all moneys received by the
 11    commission from the assessment levied under section 22-4210, Idaho  Code,  and
 12    all  other  moneys received by the commission shall be deposited in one (1) or
 13    more separate accounts in the name of the commission in one (1) or more  banks
 14    or  trust  companies approved under chapter 27, title 67, Idaho Code, as state
 15    depositories. The commission shall designate such accounts at  such  banks  or
 16    trust companies.
 17        (2) (a)  No  money  shall be withdrawn or paid out of such accounts except
 18        upon order of the commission and upon checks or  other  orders  upon  such
 19        accounts  signed by such member of the commission as the commission desig-
 20        nates and countersigned by such other member, officer or employee  of  the
 21        commission as the commission designates. A receipt, voucher or other writ-
 22        ten  record, showing clearly the nature and items covered by each check or
 23        other order, shall be kept.
 24        (b)  All moneys referred to in subsection (1) of  this  section  shall  be
 25        used  by the commission only for the payment of expenses of the commission
 26        in carrying out the powers conferred on the commission.
 27        (c)  The commission may require any commission member or agent or employee
 28        appointed by the commission to give a bond payable to  the  commission  in
 29        the  amount  and with the security and containing the terms and conditions
 30        the commission may prescribe. The cost of such bond is  an  administrative
 31        cost under this act.
 32        (3)  All  moneys  received  or expended by the commission shall be audited
 33    every second year, but shall address each year separately, by a certified pub-
 34    lic accountant designated by the commission, who shall furnish a copy of  such
 35    audit to the state controller director of legislative services and to the sen-
 36    ate  agricultural affairs committee and the house agricultural affairs commit-
 37    tee. The audit shall be completed within ninety (90) days following the  close
 38    of  the  fiscal year. The right is reserved to the state of Idaho to audit all
 39    funds of the commission at any time.
                                                                        
 40        SECTION 14.  That Section 22-4720, Idaho Code, be, and the same is  hereby
 41    amended to read as follows:
                                                                        
 42        22-4720.  DEPOSITS   AND  DISBURSEMENT  OF  FUNDS.  (1)  Immediately  upon
 43    receipt, all moneys received by the commission shall be deposited in  one  (1)
 44    or  more  separate  accounts  in the name of the commission in one (1) or more
 45    banks or trust companies approved under chapter 27, title 67, Idaho  Code,  as
 46    state  depositories.  The commission shall designate the banks or trust compa-
 47    nies. All funds so deposited are hereby continuously appropriated for the pur-
 48    pose of carrying out the provisions of this chapter.
 49        (2)  Funds can be withdrawn or paid out of such accounts only upon  checks
 50    or  other  orders  upon such accounts signed by two (2) officers designated by
 51    the commission.
                                                                        
                                           11
                                                                        
  1        (3)  The right is reserved to the state of Idaho to audit the funds of the
  2    commission at any time.
  3        (4)  On or before January 15 of each year, the commission shall file  with
  4    the senate agricultural affairs committee, the house agricultural affairs com-
  5    mittee,  the  legislative  council,  the state controller, and the division of
  6    financial management, a report showing the annual income and expenses by stan-
  7    dard classification of the commission during the preceding  fiscal  year.  The
  8    report shall also include an estimate of income to the commission for the cur-
  9    rent  and  next fiscal year. From and after January 15, 1999, the report shall
 10    also include a reconciliation between the estimated income and  expenses  pro-
 11    jected and the actual income and expenses of the preceding fiscal year.
 12        (5)  All  moneys  received  or expended by the commission shall be audited
 13    annually by a certified public accountant designated by  the  commission,  who
 14    shall furnish a copy of the audit to the state controller director of legisla-
 15    tive  services  and to the senate agricultural affairs committee and the house
 16    agricultural affairs committee. The audit shall  be  completed  within  ninety
 17    (90) days following the close of the fiscal year.
 18        (6)  The  expenditures  of  the commission are expressly exempted from the
 19    provisions of sections 67-2007 and 67-2008, Idaho Code.
                                                                        
 20        SECTION 15.  That Section 25-156, Idaho Code, be, and the same  is  hereby
 21    amended to read as follows:
                                                                        
 22        25-156.  DEPOSIT  AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
 23    all grants, donations and gifts of funds from any source for  expenditure  for
 24    any purpose consistent with this chapter which may be specified as a condition
 25    of  any  grant,  donation  or gift, and all of the revenues received under the
 26    provisions of section 25-159, Idaho Code, shall be deposited  in  one  (1)  or
 27    more  separate accounts in the name of the commission in one (1) or more banks
 28    or trust companies approved under chapter 27, title 67, Idaho Code,  as  state
 29    depositories.  The  commission  shall designate such banks or trust companies.
 30    All funds so deposited are hereby continuously appropriated for the purpose of
 31    carrying out the provisions of this act chapter.
 32        (2)  Funds can be withdrawn or paid out of such accounts only upon  checks
 33    or  other  orders  upon such accounts signed by two (2) officers designated by
 34    the commission.
 35        (3)  The right is reserved to the state of Idaho to audit the funds of the
 36    commission at any time.
 37        (4)  On or before January 15 of each year, the commission shall file  with
 38    the senate agricultural affairs committee, the house agricultural affairs com-
 39    mittee,  the  legislative  council,  the state controller, and the division of
 40    financial management, a report showing the annual  income  to  the  commission
 41    during the preceding fiscal year. The report shall also include an estimate of
 42    income  to  the  commission  for  the  current fiscal year and a projection of
 43    anticipated expenses by category for the current fiscal year. The report shall
 44    also include a reconciliation between the estimated income and  expenses  pro-
 45    jected and the actual income and expenses of the preceding fiscal year.
 46        (5)  All  moneys  received  or expended by the commission shall be audited
 47    annually by a certified public accountant designated by  the  commission,  who
 48    shall  furnish a copy of such audit to the state controller director of legis-
 49    lative services and to the senate agricultural affairs committee and the house
 50    agricultural affairs committee. The audit shall  be  completed  within  ninety
 51    (90) days following the close of the fiscal year.
 52        (6)  The  expenditures  of  the commission are expressly exempted from the
 53    provisions of sections 67-2007 and 67-2008, Idaho Code.
                                                                        
                                           12
                                                                        
  1        SECTION 16.  That Section 25-3112, Idaho Code, be, and the same is  hereby
  2    amended to read as follows:
                                                                        
  3        25-3112.  DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
  4    all  moneys received by the commission shall be deposited in one or more sepa-
  5    rate accounts in the name of the commission in one or more banks or trust com-
  6    panies approved under chapter 27, title 67, Idaho Code, as state depositories.
  7    The commission shall designate such banks or trust  companies.  All  funds  so
  8    deposited are hereby continuously appropriated for the purpose of carrying out
  9    the provisions of this chapter.
 10        (2)  Funds  can be withdrawn or paid out of such accounts only upon checks
 11    or other orders upon such accounts signed by two (2)  officers  designated  by
 12    the commission.
 13        (3)  The right is reserved to the state of Idaho to audit the funds of the
 14    commission at any time.
 15        (4)  On  or before January 15 of each year, the commission shall file with
 16    the senate agricultural affairs committee, the house agricultural affairs com-
 17    mittee, the legislative services office, the state controller, and  the  divi-
 18    sion  of financial management, a report showing the annual income and expenses
 19    by standard classification of the commission during the preceding fiscal year.
 20    The report shall also include an estimate of income to the commission for  the
 21    current and next fiscal year and a projection of anticipated expenses by cate-
 22    gory  for  the  current and next fiscal year. From and after January 15, 1989,
 23    the report shall also include a reconciliation between  the  estimated  income
 24    and  expenses  projected  and  the actual income and expenses of the preceding
 25    fiscal year.
 26        (5)  All moneys received or expended by the commission  shall  be  audited
 27    annually  by  a  certified public accountant designated by the commission, who
 28    shall furnish a copy of such audit to the state controller director of  legis-
 29    lative services and to the senate agricultural affairs committee and the house
 30    agricultural  affairs  committee.  The  audit shall be completed within ninety
 31    (90) days following the close of the fiscal year.
 32        (6)  The expenditures of the commission are expressly  exempted  from  the
 33    provisions of sections 67-2007 and 67-2008, Idaho Code.
                                                                        
 34        SECTION  17.  That  Section 36-301, Idaho Code, be, and the same is hereby
 35    amended to read as follows:
                                                                        
 36        36-301.  FORMS OF LICENSES -- PRINTING -- CHARGEABLE TO DIRECTOR. (a) Com-
 37    puterized licensing system.  The fish and game commission shall  prescribe  by
 38    rule:
 39        1.  The procedures for the issuance of licenses and applications by a com-
 40        puterized licensing system.
 41        2.  The criteria for authorizing a person as a license vendor. In develop-
 42        ing  the  criteria, the commission shall consider the cost to the state to
 43        install and maintain a license vendor and the public's need to be able  to
 44        reasonably  obtain the necessary license. The criteria should include, but
 45        are not limited to,  the  remoteness  of  the  location;  availability  of
 46        licenses  in  the  area;  angling and hunting supplies and services at the
 47        location; distance to the next closest license vendor; and the  number  of
 48        licenses issued at the location.
 49        (b)  Forms.  The  forms  of  the  various  fishing,  hunting  and trapping
 50    licenses and related applications shall be determined  by  the  director.  The
 51    director shall cause to be printed such number of blank authorize printing the
 52    licenses  and  related  applications  as may be required from time to time and
                                                                        
                                           13
                                                                        
  1    shall supervise the selling of same throughout the state.
  2        (c)  Accountability. It is hereby made the duty of the state controller to
  3    keep and maintain a record of the number of such licenses so printed,  and  to
  4    hold  tThe director shall manage the issuance of such licenses and be account-
  5    able for same and for moneys received therefor.
                                                                        
  6        SECTION 18.  That Section 38-131, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        38-131.  DEFICIENCY  WARRANTS  FOR  EXCESS  COSTS  OF FIRE SUPPRESSION. In
  9    event the actual cost for the control or suppression of forest  fires  in  any
 10    forest  protective  district  exceeds  in  any one (1) year the maximum moneys
 11    available for forest protection in that district from  the  forest  protection
 12    fund or any other special or general fund provided for that purpose, the state
 13    board  of land commissioners may authorize the issuance of deficiency warrants
 14    for the purpose of defraying such excess costs  and  when  so  authorized  the
 15    state  controller  shall, after notice to the state treasurer, draw deficiency
 16    warrants against the general fund.
                                                                        
 17        SECTION 19.  That Section 38-131A, Idaho Code, be, and the same is  hereby
 18    amended to read as follows:
                                                                        
 19        38-131A.  DEFICIENCY WARRANTS FOR COSTS OF FIRE SUPPRESSION ON STATE-OWNED
 20    RANGE  LANDS. The state board of land commissioners may authorize the issuance
 21    of deficiency warrants for the purpose of paying the costs of fire suppression
 22    on state-owned range lands whether or  not  said  lands  are  adjacent  to  or
 23    intermingled  with  forest  lands.  When  so  authorized, the state controller
 24    shall, after notice to the state treasurer, draw deficiency  warrants  against
 25    the general account fund.
                                                                        
 26        SECTION  20.  That Section 38-1517, Idaho Code, be, and the same is hereby
 27    amended to read as follows:
                                                                        
 28        38-1517.  DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
 29    all moneys received by the commission shall be deposited in one  (1)  or  more
 30    banks  or  trust companies approved under chapter 27, title 67, Idaho Code, as
 31    state depositories. The commission shall designate such banks or trust  compa-
 32    nies. All funds so deposited are hereby continuously appropriated for the pur-
 33    pose of carrying out the provisions of this chapter.
 34        (2)  Funds  can be withdrawn or paid out of such accounts only upon checks
 35    or other orders upon such accounts signed by two (2)  officers  designated  by
 36    the  commission  when the amount of such payments exceeds two thousand dollars
 37    ($2,000). Such designees may include the members of the staff of  the  commis-
 38    sion.
 39        (3)  The right is reserved to the state of Idaho to audit the funds to the
 40    commission at anytime any time.
 41        (4)  On  or before January 15 of each year, the commission shall file with
 42    the senate and house committees responsible for natural resources, the  legis-
 43    lative  services  office,  the state controller, and the division of financial
 44    management, a report showing the annual income and expenses by standard  clas-
 45    sification  of  the  commission  for the preceding year. The report shall also
 46    include an estimate of income of the commission for the current and next  fis-
 47    cal  year and a projection of anticipated expenses by category for the current
 48    and next fiscal year. From and after January 15, 1994, the report  shall  also
 49    include  a  reconciliation between the estimated income and expenses projected
                                                                        
                                           14
                                                                        
  1    and the actual income and expenses of the preceding year.
  2        (5)  All moneys received or expended by the commission  shall  be  audited
  3    annually  by  a  certified public accountant designated by the commission, who
  4    shall furnish a copy of such audit to the state controller director of  legis-
  5    lative  services. The audit shall be completed within ninety (90) days follow-
  6    ing the close of the fiscal year.
  7        (6)  The expenditures of the commission are expressly  exempted  from  the
  8    provisions of sections 67-2007 and 67-2008, Idaho Code.
                                                                        
  9        SECTION  21.  That Section 39-7110, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        39-7110.  DEFICIENCY WARRANTS FOR REIMBURSEMENT OF RESPONSE COSTS. (1) The
 12    military division shall review all claims for reimbursement and make recommen-
 13    dations as to payment or nonpayment of the claims to the  board  of  examiners
 14    within  one  hundred twenty (120) days after termination of the hazardous sub-
 15    stance incident. The board of examiners may authorize the  issuance  of  defi-
 16    ciency warrants for the purpose of reimbursing reasonable and documented costs
 17    associated with emergency response actions taken pursuant to this chapter. The
 18    costs  associated  with routine firefighting procedures shall not be reimburs-
 19    able costs under this chapter.
 20        (2)  Deficiency warrants authorized by the board of  examiners  shall  not
 21    exceed the sum of one hundred thousand dollars ($100,000) for reimbursement of
 22    all  claims  made as a result of a single hazardous substance incident. In the
 23    event all claims for reimbursement for a single hazardous  substance  incident
 24    exceeds the sum of one hundred thousand dollars ($100,000), the board of exam-
 25    iners  shall  determine an appropriate and equitable basis of payment of reim-
 26    bursements.
 27        (3)  Upon authorization of deficiency warrants by the board  of  examiners
 28    in accordance with the provisions of this section, the state controller shall,
 29    after  notice  to  the state treasurer, draw deficiency warrants in the autho-
 30    rized amounts against the general account fund.
 31        (4)  Nothing contained in this section shall be  construed  to  change  or
 32    impair any right of recovery or subrogation arising under any other provisions
 33    of law.
                                                                        
 34        SECTION  22.  That  Section 40-715, Idaho Code, be, and the same is hereby
 35    amended to read as follows:
                                                                        
 36        40-715.  TRANSFER OF SUMS ALLOCABLE TO  COUNTIES,  HIGHWAY  DISTRICTS  AND
 37    CITIES  -- DISBURSEMENT. It is the duty of the state controller to draw drafts
 38    warrants upon the state treasury for the transfer  of  the  distributive  sums
 39    allocable  to the several counties, highway districts and cities, which drafts
 40    warrants shall be made payable directly to the county treasurers, highway dis-
 41    trict secretary or city clerk. The county treasurers shall deposit the  moneys
 42    in  the  county  highway  fund, highway district secretaries shall deposit the
 43    moneys in the highway district road fund and the city clerk shall deposit  the
 44    moneys in the city street fund.
                                                                        
 45        SECTION  23.  That Section 42-1718, Idaho Code, be, and the same is hereby
 46    amended to read as follows:
                                                                        
 47        42-1718.  REMEDIAL MEANS FOR PROTECTION OF LIFE AND PROPERTY. The director
 48    shall immediately employ any remedial means  necessary  to  protect  life  and
 49    property if either:
                                                                        
                                           15
                                                                        
  1        (a)  The  condition  of  any  dam,  reservoir or mine tailings impoundment
  2    structure is so dangerous to the safety of life or property as not  to  permit
  3    time  for  the issuance and enforcement of an order relative to maintenance or
  4    operation.
  5        (b)  Passing or imminent floods threaten the safety of any dam,  reservoir
  6    or mine tailings impoundment structure.
  7        In  applying  the  remedial means provided for in this act, the department
  8    may in emergency do any of the following:
  9        (a)  Lower the water level by releasing water from the reservoir or  lower
 10    mine tailings slurry level by releasing slurry from the mine tailings impound-
 11    ment structure.
 12        (b)  Completely empty the reservoir.
 13        (c)  Take such other steps as may be essential to safeguard life and prop-
 14    erty.
 15        The director shall continue in full charge and control of such dam or res-
 16    ervoir,  or  both,  or  mine  tailings  impoundment structure, or all, and its
 17    appurtenances, until they are rendered safe or the emergency  occasioning  the
 18    action has ceased.
 19        If  the cost of the emergency remedial action by the director for the pro-
 20    tection of life and property exceeds the amount of money appropriated from the
 21    general fund specifically for  that  purpose,  the  additional  costs  may  be
 22    defrayed  by  the  issuance of deficiency warrants as may be authorized by the
 23    board of examiners. When so authorized,  the  state  controller  shall,  after
 24    notice  to  the  state treasurer, draw deficiency warrants against the general
 25    fund.
 26        The cost and expenses of the remedial means provided in this act,  includ-
 27    ing cost of any work done to render a dam, reservoir or mine tailings impound-
 28    ment  structure  or  its appurtenances safe, shall be recoverable by the state
 29    from the owner. If not paid within sixty (60) days of invoice, action  may  be
 30    brought by the director in the district court of the district wherein the dam,
 31    reservoir  or mine tailings impoundment structure or any part thereof is situ-
 32    ated. The funds recovered shall be returned to the general fund to offset  the
 33    amount of the deficiency warrant.
 34        No  action  shall  be brought by the state against the owner for pollution
 35    which may occur in the event that the director  orders  emergency  dumping  or
 36    bypassing.
                                                                        
 37        SECTION  24.  That Section 42-2807, Idaho Code, be, and the same is hereby
 38    amended to read as follows:
                                                                        
 39        42-2807.  LANDS ASSESSED -- STATE LANDS. All lands directly benefited ben-
 40    efitted by any irrigation or drainage project, or any irrigation  or  drainage
 41    works  established  under  this  chapter, and all public or corporate roads or
 42    railroads so benefited benefitted in whole or in part, shall  be  assessed  in
 43    proportion  to  the  benefits for the construction thereof. All lands owned by
 44    the state of Idaho benefited benefitted by such project may  be  assessed  for
 45    such  benefit the same as taxable land, provided a notice of the filing of the
 46    petition and of the time and place of hearing and notice of hearing shall have
 47    first been served on the state controller state  agency  responsible  for  the
 48    management  of  such  state  owned lands: provided, that instead of paying the
 49    said assessments so levied against the state lands,  the  state  may  promptly
 50    offer  said state lands for sale at public sale in the manner provided by law,
 51    and as rapidly as permitted by the provisions of the state constitution, until
 52    the entire acreage of state land in such project shall have been sold  and  if
 53    the  state  does  not  make appropriations for the payment of such assessments
                                                                        
                                           16
                                                                        
  1    against such state lands, then the sale of such state land, when  made,  shall
  2    be  made  under  contract  requiring the purchaser as a condition to receiving
  3    title to such lands from the state, or to  receiving  any  contract  right  or
  4    interest  therein, to pay all assessments duly levied against such lands under
  5    the provisions of this chapter, and to pay to the proper county officer at the
  6    time of such sale such annual assessments as may have come due  prior  to  the
  7    time  of such sale, with interest thereon as hereinafter provided, and to con-
  8    tinue the payment of such assessments until title passes  from  the  state  to
  9    such purchaser, which conveyance shall be made from the state to the purchaser
 10    subject to the liens herein provided for.
                                                                        
 11        SECTION  25.  That Section 50-1047, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        50-1047.  GENERAL PROVISIONS. Any ordinance assessing a  tax  pursuant  to
 14    this act shall contain a finding by the local governing body of the city based
 15    upon evidence presented to it that the condition set forth in section 50-1044,
 16    Idaho  Code, exists and shall provide the methods for reporting and collecting
 17    taxes due. Taxes collected pursuant to any such ordinance shall be remitted to
 18    the city official designated in such ordinance or  other  such  official  con-
 19    tracting,  pursuant to this act, with the city to provide collection services,
 20    and shall constitute revenue of the city available for  any  lawful  corporate
 21    purpose  approved by city voters subject to the provisions of this act. In any
 22    election, the ordinance submitted to city voters shall: (a) state  and  define
 23    the  specific  tax  to  be approved; (b) state the exact rate of the tax to be
 24    assessed; (c) state the exact purpose  or  purposes  for  which  the  revenues
 25    derived  from the tax shall be used; and (d) state the duration of the tax. No
 26    tax shall be redefined, no rate shall be increased, no purpose shall be  modi-
 27    fied,  and  no  duration shall be extended without subsequent approval of city
 28    voters. An ordinance adopting any local-option nonproperty tax  authorized  by
 29    this  act may provide for separate identification of taxes as may be appropri-
 30    ate. The city clerk of any city adopting an ordinance  pursuant  to  this  act
 31    shall,  immediately  following  approval  of  such ordinance, or any amendment
 32    thereto, forward a copy of said ordinance or amendment to the  state  control-
 33    ler,  the  chairman of the state tax commission, and the chairman of the state
 34    board of tax appeals.
                                                                        
 35        SECTION 26.  That Section 50-2611, Idaho Code, be, and the same is  hereby
 36    amended to read as follows:
                                                                        
 37        50-2611.  USE OF REVENUE -- CONTRACTS TO ADMINISTER OPERATION OF DISTRICT.
 38    The  legislative  authority  of each city shall have sole discretion as to how
 39    the revenue derived from the special assessments is  to  be  used  within  the
 40    scope of the purposes; however, the legislative authority may appoint existing
 41    advisory  boards  or commissions to make recommendations as to its use, or the
 42    legislative authority may create a new advisory board or  commission  for  the
 43    purpose.
 44        The legislative authority may contract with a chamber of commerce or other
 45    similar  business association operating primarily within the boundaries of the
 46    legislative authority to administer the operation of  a  business  improvement
 47    district,  including  any  funds derived pursuant thereto; provided, that such
 48    administration must comply with all applicable  provisions  of  law  including
 49    this chapter, with all county or city resolutions and ordinances, and with all
 50    regulations  rules  or  procedures lawfully imposed by the state controller or
 51    other state agencies.
                                                                        
                                           17
                                                                        
  1        SECTION 27.  That Section 54-3607, Idaho Code, be, and the same is  hereby
  2    amended to read as follows:
                                                                        
  3        54-3607.  COMMISSION  ACCOUNT. (1) The commission may accept tax receipts,
  4    grants, donations and gifts of funds from any source for expenditure  for  any
  5    purpose consistent with this act, which may be specified as a condition of any
  6    grant,  donation  or gift. All funds received under the provisions of this act
  7    or as provided by law shall be paid to the commission and shall  be  deposited
  8    into  a bank account in the name of the Idaho grape growers and wine producers
  9    commission. Moneys in the bank account are continuously appropriated and  made
 10    available  for  defraying  the  expenses of the commission in carrying out the
 11    provisions of this chapter. Immediately upon receipt, all moneys  received  by
 12    the  commission shall be deposited in one (1) or more separate accounts in the
 13    name of the commission in one (1) or more banks or  trust  companies  approved
 14    under  chapter 27, title 67, Idaho Code, as state depositories. The commission
 15    shall designate such banks or trust companies.  All  funds  so  deposited  are
 16    hereby  continuously  appropriated  for the purpose of carrying out the provi-
 17    sions of this chapter.
 18        (2)  Funds can be withdrawn or paid out of such accounts only upon  checks
 19    or  other  orders  upon such accounts signed by two (2) officers designated by
 20    the commission.
 21        (3)  The right is reserved to the state of Idaho to audit the funds of the
 22    commission at any time.
 23        (4)  On or before January 15 of each year, the commission shall file  with
 24    the senate agricultural affairs committee, the house agricultural affairs com-
 25    mittee,  the  legislative  council,  the state controller, and the division of
 26    financial management, a report showing the annual income and expenses by stan-
 27    dard classification of the commission during the preceding  fiscal  year.  The
 28    report shall also include an estimate of income to the commission for the cur-
 29    rent and next fiscal year and a projection of anticipated expenses by category
 30    for  the  current  and  next fiscal year. From and after January 15, 1989, the
 31    report shall also include a reconciliation between the  estimated  income  and
 32    expenses  projected and the actual income and expenses of the preceding fiscal
 33    year.
 34        (5)  All moneys received or expended by the commission  shall  be  audited
 35    annually  by  a  certified public accountant designated by the commission, who
 36    shall furnish a copy of such audit to the state controller director of  legis-
 37    lative services and to the senate agricultural affairs committee and the house
 38    agricultural  affairs  committee.  The  audit shall be completed within ninety
 39    (90) days following the close of the fiscal year.
 40        (6)  The expenditures of the commission are expressly  exempted  from  the
 41    provisions of sections 67-2007 and 67-2008, Idaho Code.
                                                                        
 42        SECTION  28.  That Section 58-1408, Idaho Code, be, and the same is hereby
 43    amended to read as follows:
                                                                        
 44        58-1408.  DUTIES AND POWERS OF THE COMMISSION.  (1)  Consistent  with  the
 45    general  purposes of this chapter, the commission shall establish the policies
 46    to be followed in the accomplishments of such purposes.
 47        (2)  In the administration of the provisions of this chapter, the  commis-
 48    sion shall, in conjunction and cooperation with other entities which represent
 49    the  livestock  grazing  industry,  have the following duties, authorities and
 50    powers.
 51        (a)  Conduct research and surveys to determine public attitudes and levels
 52        of knowledge regarding rangeland  management  and  the  livestock  grazing
                                                                        
                                           18
                                                                        
  1        industry;
  2        (b)  Design  educational campaigns and other needed efforts to provide the
  3        public with accurate  information  regarding  the  management  of  Idaho's
  4        rangelands and the livestock grazing industry;
  5        (c)  Be  an  advocate  for the proper management of Idaho's rangelands and
  6        for a healthy livestock grazing industry in the state;
  7        (d)  Be a source of accurate  and  timely  data  regarding  the  rangeland
  8        resource and the livestock grazing industry;
  9        (e)  Make  projections  regarding  availability of forage, new or existing
 10        products and markets, and other biological or social  trends  which  might
 11        affect  rangeland  management  or the livestock grazing industry in Idaho;
 12        and
 13        (f)  Cooperate with any local, state or national organization  or  agency,
 14        whether  voluntary  or created by the law of any state or by national law,
 15        engaged in work or activities similar to the work and  activities  of  the
 16        commission, and to enter into contracts and agreements with such organiza-
 17        tions  or agencies for carrying on a joint campaign of research, education
 18        and publicity.
 19        (3)  The commission shall also have the duty, power and authority:
 20        (a)  To take such actions as the commission deems necessary  or  advisable
 21        to  stabilize  and protect the livestock grazing industry of the state and
 22        the health and welfare of the public;
 23        (b)  To enter into such contracts as may be necessary or advisable;
 24        (c)  To appoint and employ officers, agents and other personnel, including
 25        experts in publicizing  rangeland  management  or  the  livestock  grazing
 26        industry, and to prescribe their duties and fix their compensation;
 27        (d)  To  sue  and  be sued as a board, without individual liability of the
 28        board members, when the board is acting within the scope of the powers  of
 29        the board;
 30        (e)  To  make  use of such advertising means and methods as the commission
 31        deems advisable and to enter into contracts and  agreements  for  research
 32        and advertising within the state;
 33        (f)  To lease, purchase or own the real or personal property deemed neces-
 34        sary in the administration of the provisions of this chapter;
 35        (g)  To prosecute in the name of the state of Idaho any suit or action for
 36        collection of any assessment provided for in this chapter;
 37        (h)  To  adopt, rescind, modify and amend all necessary and proper orders,
 38        resolutions and regulations for the procedure and exercise of  its  powers
 39        and the performance of its duties;
 40        (i)  To incur indebtedness and carry on all business activities; and
 41        (j)  To  keep  books  and  records  and  accounts of all its doings, which
 42        books, records and accounts shall be open to the inspection and  audit  by
 43        the  state auditor and public at all times by the state controller and the
 44        public.
                                                                        
 45        SECTION 29.  That Section 58-1415, Idaho Code, be, and the same is  hereby
 46    amended to read as follows:
                                                                        
 47        58-1415.  DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
 48    all  moneys  received  by the commission shall be deposited in one (1) or more
 49    banks or trust companies approved under chapter 27, title 67, Idaho  Code,  as
 50    state  depositories. The commission shall designate such banks or trust compa-
 51    nies. All funds so deposited are hereby continuously appropriated for the pur-
 52    pose of carrying out the provisions of this chapter.
 53        (2)  Funds can be withdrawn or paid out of such accounts only upon  checks
                                                                        
                                           19
                                                                        
  1    or other orders upon such account signed by two (2) officers designated by the
  2    commission  when  the  amount  of  such  payments exceeds two thousand dollars
  3    ($2,000). Such designees may include the members of the staff of  the  commis-
  4    sion.
  5        (3)  The right is reserved to the state of Idaho to audit the funds of the
  6    commission at anytime any time.
  7        (4)  On  or before January 15 of each year, the commission shall file with
  8    the senate and house committees responsible for natural resources, the  direc-
  9    tor  of  legislative budget office services, the state auditor controller, and
 10    the division of financial management, a report showing the annual  income  and
 11    expenses  by standard classification of the commission for the preceding year.
 12    The report shall also include an estimate of income of the commission for  the
 13    current and next fiscal year and a projection  of anticipated expenses by cat-
 14    egory  for  the current and next fiscal year. From and after January 15, 1994,
 15    the report shall also include a reconciliation between  the  estimated  income
 16    and  expenses  projected  and  the actual income and expenses of the preceding
 17    year.
 18        (5)  All moneys received or expended by the commission  shall  be  audited
 19    annually  by  a  certified public accountant designated by the commission, who
 20    shall furnish a copy of such audit to the state auditor director  of  legisla-
 21    tive  services. The audit shall be completed within ninety (90) days following
 22    the close of the fiscal year.
 23        (6)  The expenditures of the commission are expressly  exempted  from  the
 24    provisions of sections 67-2007 and 67-2008, Idaho Code.
                                                                        
 25        SECTION  30.  That Section 59-1105, Idaho Code, be, and the same is hereby
 26    amended to read as follows:
                                                                        
 27        59-1105.  CONTRIBUTIONS FROM LOCAL ENTITIES. Under rules  and  regulations
 28    policies and procedures to be prescribed by the state controller, each munici-
 29    pal corporation, political subdivision, drainage or irrigation district, here-
 30    inafter  referred  to as public employer, coming within the provisions of this
 31    chapter, shall remit to the state controller the amounts required to be  with-
 32    held  from  the salary or wages of each officer and employee together with the
 33    matching contribution of such public employer and any  interest  or  penalties
 34    imposed   for late remittances, in the manner and form prescribed by the state
 35    controller. Such moneys shall  be  deposited  in  the  social  security  trust
 36    account.
 37        In  case  any public employer does not make, at the time or times due, the
 38    payments provided for under an agreement pursuant to this section, there shall
 39    be added, as part of the amounts due, interest at the rate of six percent (6%)
 40    per annum from the date due until paid plus a penalty of six percent (6%)  and
 41    the  state  controller  may,  at his discretion, deduct any delinquent amounts
 42    including interest and penalty from any funds or moneys  due  such  delinquent
 43    public employer as may be in the possession of the state treasurer, and credit
 44    the same to the social security trust account.
 45        If any public employer is delinquent in the payment of any moneys required
 46    to be paid under the provisions of this chapter, and is so delinquent for more
 47    than  thirty  (30)  days,  the  state  controller shall so notify the board of
 48    county commissioners who shall thereupon order the county treasurer  to  with-
 49    hold the equivalent amount of such moneys as are delinquent, together with the
 50    equivalent  amount  of any penalty or interest which may be due as a result of
 51    such delinquency, from any funds or moneys due such delinquent public employer
 52    as may be in the possession of the county treasurer, and to pay the same  over
 53    to the state controller, for the credit of the social security trust account.
                                                                        
                                           20
                                                                        
  1        SECTION  31.  That Section 59-1108, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        59-1108.  RECEIPTS OF STATE TRUST FUND. Collections into said  fund  shall
  4    be  paid  into  said fund under such rules policies and procedures as shall be
  5    prescribed by the state controller, and shall consist of all  moneys  received
  6    from  the various political subdivisions of the state, all state contributions
  7    for participation in the Federal Old Age and Survivors Insurance program,  and
  8    all taxes collected from employees covered by said program.
                                                                        
  9        SECTION  32.  That Section 61-1008, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        61-1008.  EXPENDITURE -- PUBLIC UTILITIES COMMISSION FUND --  CREATION  --
 12    APPROPRIATION -- DISPOSITION OF SURPLUS. (1) At each regular session, the leg-
 13    islature  shall determine the amount of money that may be expended by the pub-
 14    lic utilities commission during the next ensuing fiscal year.
 15        (2)  The state treasurer shall be custodian of the "public utilities  com-
 16    mission  fund,"  into  which shall be paid and deposited all funds accruing or
 17    received under any and all provisions of this chapter, and all fees, licenses,
 18    charges, assessments, fines and penalties, now or hereafter payable  to,  col-
 19    lected  or  recovered by the commission under any other law of this state, and
 20    all funds otherwise appropriated or made available to said  fund.  All  moneys
 21    from whatever source accruing to and received into said fund are hereby appro-
 22    priated,  within  the  limits of funds determined therefor by the legislature,
 23    for the payment of the administrative and maintenance expenses of the  commis-
 24    sion, including salaries and wages of the commissioners and employees, travel,
 25    supplies,  equipment,  fixed  charges, refunds of fees and all other necessary
 26    expenses of the commission, not otherwise provided for. Moneys shall  be  paid
 27    out  of  the public utilities commission fund by the state treasurer only upon
 28    claim vouchers prepared and  approved by  the  commission,  certified  by  the
 29    president of the commission to the state controller who, after audit review as
 30    provided  by  law, shall draw his warrant against the public utilities commis-
 31    sion fund for all such claims.
 32        (3)  Any moneys chapter remaining in the public utilities commission  fund
 33    at  the  end of any fiscal year, shall be retained in said fund for the use of
 34    the commission for the purposes specified in  this  chapter.  Remaining  funds
 35    shall  be credited ratably by the commission to the respective railroad corpo-
 36    rations and other public utilities chapter according to  the  respective  por-
 37    tions  of  such  fees  determined hereunder to be assessable against each such
 38    railroad corporation and other public utility, respectively, for  the  ensuing
 39    fiscal year. The respective fee assessed against each railroad corporation and
 40    public  utility for such ensuing fiscal year shall be correspondingly reduced;
 41    provided that, only moneys paid under the provisions of this chapter by  rail-
 42    road  corporations and other public utilities shall be considered in determin-
 43    ing the surplus to be so credited by the commission.
                                                                        
 44        SECTION 33.  That Section 63-3202, Idaho Code, be, and the same is  hereby
 45    amended to read as follows:
                                                                        
 46        63-3202.  PROCEDURE  FOR  ISSUANCE  OF NOTES. (1) Whenever the state trea-
 47    surer shall deem it to the best interests of the state of Idaho to issue state
 48    of Idaho tax anticipation notes, as provided in section 63-3201,  Idaho  Code,
 49    the state treasurer shall make written application to the state board of exam-
 50    iners,  stating  the amount of state of Idaho tax anticipation notes the state
                                                                        
                                           21
                                                                        
  1    treasurer deems advisable to issue. Upon approval of the state board of  exam-
  2    iners by order or resolution duly entered on the minutes of the state board of
  3    examiners,  the  state  treasurer  shall  issue  the tax anticipation notes in
  4    accordance with the provisions of this chapter.
  5        (2)  Prior to the public issuance and public sale of any tax  anticipation
  6    note,  the  state  treasurer  shall  prepare a written plan of financing which
  7    shall be filed in the office of the governor. The plan of financing shall pro-
  8    vide for the terms and conditions under which the tax anticipation notes shall
  9    be issued, sold and delivered, the taxes to be anticipated, the maximum amount
 10    of tax anticipation notes which may be outstanding at any one time  under  the
 11    plan of financing, the sources of payment of the tax anticipation notes issued
 12    pursuant  to  the plan of financing, which may include the proceeds of sale of
 13    notes issued to refund outstanding tax anticipation notes and to  pay  accrued
 14    interest thereon, and all other details necessary in connection with the issu-
 15    ance,  sale  and delivery of the tax anticipation notes. The plan of financing
 16    shall specify a method pursuant to which the interest rate or rates on the tax
 17    anticipation notes may be determined during  the  time  the  tax  anticipation
 18    notes are outstanding and shall also set forth the maximum interest rate which
 19    the tax anticipation notes may bear.
 20        (3)  The tax anticipation notes shall bear interest, shall be in the form,
 21    shall be executed in the manner, shall be payable, shall be sold in the manner
 22    and  at  prices, either at, in excess of, or below the face value thereof, and
 23    generally shall be issued in the manner and with the details as shall  be  set
 24    forth  in an order of the state treasurer, all in conformity with any applica-
 25    ble plan of financing and with this chapter.
 26        (4)  Each tax anticipation note shall recite that it is a valid and  bind-
 27    ing  obligation  of  the  state  of Idaho and that the faith and credit of the
 28    state of Idaho is solemnly pledged for the payment of  the  principal  of  and
 29    interest thereon in accordance with its terms and the constitution and laws of
 30    the state of Idaho.
 31        (5)  Each  tax  anticipation  note  shall  be registered prior to issuance
 32    recorded in the office of the state controller. and a legend  to  that  effect
 33    shall appear on each tax anticipation note.
 34        (6)  Immediately  upon  the  completion  of  any sale, the state treasurer
 35    shall make a verified return of said sale to the state controller,  specifying
 36    the  amount  of notes sold, the person or persons to whom said notes were sold
 37    and the price, terms and conditions of the sale. Immediately upon the sale  of
 38    any  tax  anticipation notes, the state treasurer shall credit the proceeds of
 39    sale, other than accrued interest, to the general account of the state operat-
 40    ing fund of the state.
                                                                        
 41        SECTION 34.  That Section 66-118, Idaho Code, be, and the same  is  hereby
 42    amended to read as follows:
                                                                        
 43        66-118.  POWERS  AND DUTIES OF THE BOARD -- HOSPITALS MANAGED BY -- ANNUAL
 44    REPORT. The board shall have complete authority  to  manage  and  operate  the
 45    State  Hospital North, at Orofino; the State Hospital South, at Blackfoot; the
 46    Idaho State School and Hospital at Nampa; with authority to establish  profes-
 47    sional  standards of qualifications for doctors, nurses, superintendents, gen-
 48    eral managers, farm managers, attendants, and  all  other  personnel  and  may
 49    employ  a  general  business  manager for each of said hospitals, and hospital
 50    personnel at said hospitals and medical superintendents for each of said  hos-
 51    pitals,  at  its  discretion, or a superintendent, or director, or manager who
 52    may be over all hospitals. The board shall have complete authority to,  or  it
 53    is the duty of the board:
                                                                        
                                           22
                                                                        
  1        (a)  To  make  rules  and regulations for the government of said hospitals
  2    and to define the duties of all employees; provided, that the members  of  the
  3    board  shall  not  be  personally  liable  for any act of any employee done in
  4    violation of any law, or contrary to any rule or regulation of the board;  nor
  5    shall  any  administrative employee of the board be responsible for the act of
  6    any other employee done in violation of any laws of the state, or rule or reg-
  7    ulation of the board, or order of the administrative employee;
  8        (b)  To receive, take and hold property, both real and personal, in  trust
  9    for the state and for the use and benefit of such hospitals;
 10        (c)  To  visit  each of said hospitals at such times as it deems necessary
 11    and to keep itself advised of all expenses and the condition of buildings  and
 12    property,  the  safety and treatment of patients, and require the general man-
 13    ager or superintendent to make periodic reports as to the  condition  of  each
 14    hospital and treatment of the patients;
 15        (d)  To  require  the  keeping  of a complete and accurate set of books of
 16    each hospital in accordance with the accounting required of other institutions
 17    of the state; to examine and audit the expenditures of each  hospital  and  to
 18    certify  the  same  to  the state controller. The board shall require that all
 19    itemized bills, purchases and other expenditures made, must  be  examined  and
 20    approved by the head of the hospital making such purchases or expenditures and
 21    then  the  same  must  be certified by the board, and transmitted to the state
 22    controller to be audited reviewed and allowed in  the  same  manner  as  other
 23    accounts  against the state are audited reviewed and allowed. When allowed the
 24    state controller must draw his warrant on the state treasurer for  the  amount
 25    so  audited reviewed and allowed, and the state treasurer is hereby authorized
 26    and required to pay the same out of any money in the state treasury  appropri-
 27    ated therefor;
 28        (e)  To make regulations rules and fix the terms and conditions of payment
 29    of costs of care and treatment of mentally ill persons who are not indigent or
 30    who  are  not  residents of the state, who are admitted to said State Hospital
 31    North, State Hospital South, or Idaho State School and Hospital, all  receipts
 32    from  such persons to be paid into the state treasury and credited to salaries
 33    and wages, other current expense, or capital outlay of the general fund of the
 34    remitting hospital, at the discretion of the board;
 35        (f)  To enter into reciprocal agreements  with  similar  boards  of  other
 36    states  for  the transfer of residents of those states, who have been involun-
 37    tarily hospitalized to any of the aforesaid hospitals in this  state,  or  the
 38    transfer of Idaho residents, who have been involuntarily hospitalized to simi-
 39    lar hospitals in those states, to the appropriate hospital in this state;
 40        (g)  To  recognize that or to proceed on the fact that any order of invol-
 41    untary hospitalization of an Idaho resident, by  judicial  action  of  another
 42    state,  shall be sufficient for admitting such resident, without further judi-
 43    cial action in this state, to a similar hospital in this state;
 44        (h)  To remove patients in case of necessity, or when they feel it is  for
 45    the  betterment  of the patient's welfare, to an appropriate place at the dis-
 46    cretion of the board, and to make necessary negotiations to carry out  such  a
 47    procedure;
 48        (i)  To purchase insurance for any of the medical staff in any of the hos-
 49    pitals  against  liability  for  alleged  malpractice by reason of any act, or
 50    omission, while in the service of the state of Idaho;
 51        (j)  To remove and transfer from one (1) state  hospital  to  another,  or
 52    from  a  state  hospital  to  a  private hospital, or to a hospital of another
 53    state, or other government agency, any person confined therein, for  the  pur-
 54    pose  of  grouping  together  classes of mentally ill persons, or to give them
 55    better medical aid and care;
                                                                        
                                           23
                                                                        
  1        (k)  To report to the governor each year,  a  statement  of  receipts  and
  2    expenditures,  the  condition  of  each hospital, the number of patients under
  3    treatment at each hospital during the preceding year and such other matters as
  4    may be pertinent, and to make an annual report to  the  governor  in  substan-
  5    tially the same manner on or before the 1st day of December prior to each reg-
  6    ular session of the legislature;
  7        (l)  To delegate to the head of the hospital, or to a director or superin-
  8    tendent,  or  manager  of all hospitals the powers and duties vested by law in
  9    the board, at its discretion;
 10        (m)  To initiate, create, or promote procedures,  policies  and  practices
 11    either  as  a  body  or  in cooperation with other governmental departments or
 12    agencies for the general welfare and betterment of the mental  health  of  the
 13    people of the state of Idaho.
                                                                        
 14        SECTION  35.  That  Section 67-412, Idaho Code, be, and the same is hereby
 15    amended to read as follows:
                                                                        
 16        67-412.  ALLOWANCE FOR MEMBERS. (1) From and after  December  1,  1976,  a
 17    member  of the legislature of the state of Idaho who, while serving during any
 18    session of the legislature, and a  lieutenant-governor  while  performing  his
 19    duties  as  president  of the senate who maintains a second home in Ada County
 20    during such period shall receive an allowance of forty  dollars  ($40.00)  per
 21    day  while  away from home during such period for his away from home expenses.
 22    Such expenses shall be allowed for one (1) extra day prior to and  immediately
 23    following each session of the legislature.
 24        (2)  A member of the legislature and a lieutenant-governor of the state of
 25    Idaho who does not maintain a second residence in Ada County during any legis-
 26    lative  session,   but who commutes to the legislative sessions from his home,
 27    shall be reimbursed for actual travel expenses necessarily incurred in travel-
 28    ing to and from the legislature at the rate per mile allowed by the  board  of
 29    examiners  for  official  travel, not to exceed one (1) round trip per day and
 30    not to exceed ten dollars ($10.00) total expenses per day, during each day  of
 31    the  legislative  session,  including  each day after December 1, 1976,  which
 32    expenses shall be accounted for to the presiding officer  of  the  legislative
 33    body  in  which  the  member serves, and shall additionally receive the sum of
 34    thirty dollars ($30.00) per day as expenses  for  board,  necessary  committee
 35    expenses,  and  the necessary expenses of maintaining the office of a legisla-
 36    tor.
 37        (3)  The legislature of the state of Idaho further finds and declares that
 38    in the discharge of their official duties it  is  important  that  legislators
 39    return to their legislative districts on occasion during the term of each leg-
 40    islative  session  to  confer  and  consult with their constituents concerning
 41    pending legislation. Therefore, commencing January 11, 1971,  in  addition  to
 42    the  travel  expenses  allowed  in  section  23,  article  3  III of the Idaho
 43    Cconstitution, each member of the legislature shall be reimbursed  for  actual
 44    expenses  necessarily incurred in travel to and from his home legislative dis-
 45    trict on four (4) occasions during each  regular  legislative  session.  Reim-
 46    bursement shall be upon voucher submitted in the usual form.
 47        (4)  The  legislature  of  the  state  of Idaho finds and declares that to
 48    enable the legislature to carry out its constitutional duties and to  function
 49    responsibly  and effectively as an independent branch of state government, its
 50    members are required during periods when the legislature is not in session, to
 51    meet and correspond with officials of the  departments  and  agencies  of  the
 52    executive  and  judicial branches of state government and local governments as
 53    well as individual constituents and groups of  constituents  concerning  state
                                                                        
                                           24
                                                                        
  1    and  area  problems  and concerns, proposed legislation, existing laws, and to
  2    study and prepare proposed legislation. To offset the expense incurred in per-
  3    forming such services and maintaining the office of legislator, each member of
  4    the forty-fourth legislature of the state of Idaho, and each member of  subse-
  5    quent legislatures, shall receive for legislative expenses and for the expense
  6    of  maintaining  the office of legislator while the legislature is not in ses-
  7    sion, the sum of five dollars ($5.00) per day during each day the  legislature
  8    is   not  in  session.  This  expense  allowance  shall  be  paid  in  regular
  9    installments as determined by the state auditor controller  and  shall  be  in
 10    addition to all other compensation, either as per diem or expense, paid to any
 11    member  of  the legislature under the previous subsections or as an officer or
 12    member of any council, board, commission or other agency or instrumentality of
 13    the state of Idaho.
 14        (5)  Members of the legislature shall receive the same per diem allowances
 15    and be reimbursed for actual expenses necessarily incurred in attending  meet-
 16    ings  or performing services previously authorized by the legislature and held
 17    during the interim between legislative sessions in the same manner and in  the
 18    same  amounts  as  is  are  provided  for  members of the legislative council,
 19    including each day so spent after December 1, 1976.
                                                                        
 20        SECTION 36.  That Section 67-1004, Idaho Code, be, and the same is  hereby
 21    amended to read as follows:
                                                                        
 22        67-1004.  SEAL OF OFFICE -- CERTIFIED COPIES OF DOCUMENTS AS EVIDENCE. The
 23    state controller must, in addition to his original handwritten signature, keep
 24    a seal of office or sign, or and use a facsimile signature, or electronic sig-
 25    nature  for the authentication of all papers, writings, and documents required
 26    by law to be certified by him, and copies so authenticated  and certified,  of
 27    all papers and documents lawfully deposited in his office, must be received in
 28    evidence as the original.
                                                                        
 29        SECTION  37.  That Section 67-1024, Idaho Code, be, and the same is hereby
 30    amended to read as follows:
                                                                        
 31        67-1024.  REGULATING CLAIMS REQUIRING PAYMENT IN ADVANCE. When an expendi-
 32    ture authorized to be made by any state department, body or officer is of such
 33    a nature as to require payment in advance of performance or delivery, then the
 34    right of the officer to obtain such service or property on behalf of or in the
 35    service of the state shall constitute a claim against the  state  to  be  pre-
 36    sented  and  allowed  as  are other claims. The board of examiners may, in its
 37    discretion, prescribe rules policies and procedures with respect to the filing
 38    and allowance of such claims and the subsequent accounting therefor. Any money
 39    obtained upon such claim and not expended on behalf of or in  the  service  of
 40    the state shall be repaid by the claimant to the state.
                                                                        
 41        SECTION  38.  That Section 67-1041, Idaho Code, be, and the same is hereby
 42    amended to read as follows:
                                                                        
 43        67-1041.  VOUCHERS AND  ACCOUNTS  PRESERVED.  Evidence  of  all  accounts,
 44    vouchers,  and/or documents settled, or to be settled, by the state controller
 45    or board of examiners must be preserved in his office for not  less  than  two
 46    (2) years, and copies thereof, authenticated by the official seal of the state
 47    controller,  shall  be given to any person interested therein who requires the
 48    same. After the legislative  council  has  indicated  no  further  need,  such
 49    records  may  be  disposed  of  unless  a specific written request for further
                                                                        
                                           25
                                                                        
  1    retention has been made to the state controller.
                                                                        
  2        SECTION 39.  That Section 67-1081, Idaho Code, be, and the same is  hereby
  3    amended to read as follows:
                                                                        
  4        67-1081.  SUBMISSION  OF ANNUAL FINANCIAL STATEMENT TO STATE CONTROLLER BY
  5    ALL TAXING UNITS OF GOVERNMENT -- RULES POLICIES. (1) When requested in  addi-
  6    tion  to any other statement of financial condition required by law, the audi-
  7    tor of every county, and the treasurer of any other taxing unit of government,
  8    shall submit to the state controller an annual financial report,  under  oath,
  9    as  in  this act provided. The state controller shall formulate rules policies
 10    necessary hereunder.
 11        (2)  The state controller shall report to the  prosecuting  attorney,  the
 12    refusal  or neglect of county officers to obey his instructions. The prosecut-
 13    ing attorney, in case of county or municipal  officers,  shall  promptly  take
 14    action to enforce a compliance with such instructions of the state controller.
                                                                        
 15        SECTION  40.  That Section 67-1102, Idaho Code, be, and the same is hereby
 16    amended to read as follows:
                                                                        
 17        67-1102.  RECEIPTS AND DISBURSEMENTS -- CLASSIFICATION  --  TABULATION  BY
 18    CALENDAR  MONTHS.  It  shall  be the duty of the state controller to classify,
 19    according to the aforesaid standards, all remittances received into the  state
 20    treasury  and all disbursements authorized therefrom, and to tabulate the same
 21    by calendar months from original controller's certificates and data on file in
 22    his office.
                                                                        
 23        SECTION 41.  That Section 67-1103, Idaho Code, be, and the same is  hereby
 24    amended to read as follows:
                                                                        
 25        67-1103.  CERTIFICATES  AND  CLAIM  VOUCHERS  TO CONTAIN DATA ESSENTIAL TO
 26    CLASSIFICATION. The state controller shall not issue any certificate authoriz-
 27    ing the treasurer to receive money record the  receipt,  nor  file  any  claim
 28    voucher for disbursement, until all data essential for classification purposes
 29    regarding  such  document is set forth on such document in accordance with the
 30    policies and procedures of the state controller.
                                                                        
 31        SECTION 42.  That Section 67-1209, Idaho Code, be, and the same is  hereby
 32    amended to read as follows:
                                                                        
 33        67-1209.  SUSPENSE ACCOUNT. Any state officer, department, board or insti-
 34    tution  having  or  receiving  money  in trust or for safe-keeping safekeeping
 35    pending its final disposition or distribution shall deposit the  same  in  the
 36    state treasury in a special suspense account from which it may be withdrawn or
 37    distributed  under  rules  promulgated by policies and procedures of the state
 38    controller.
                                                                        
 39        SECTION 43.  That Section 67-1610, Idaho Code, be, and the same is  hereby
 40    amended to read as follows:
                                                                        
 41        67-1610.  CAPITOL PERMANENT ENDOWMENT FUND. There is hereby created a per-
 42    manent  fund  within  the  state treasury to be known as the capitol permanent
 43    endowment fund, consisting of, from this point forward: (a)  the  proceeds  of
 44    the  sale of lands granted to the state of Idaho for the purpose of facilitat-
 45    ing the construction, repair, furnishing and improvement of  public  buildings
                                                                        
                                           26
                                                                        
  1    at  its  capitol  by  an  Act of Congress (26 Stat. L. 214, ch. 656 (1890) (as
  2    amended)) entitled "An Act to Provide for the Admission of the State of  Idaho
  3    into the Union," comprising thirty-two thousand (32,000) acres, or any portion
  4    thereof, or mineral therein; (b) all unappropriated and unencumbered moneys in
  5    the  public building fund shown on the state controller's chart of accounts as
  6    Fund No. 0481-09 the capitol permanent endowment fund; (c)  retained  earnings
  7    to  compensate  for  the  effects of inflation; and (d) legislative appropria-
  8    tions. The fund shall be managed by the endowment  fund  investment  board  in
  9    accordance  with  chapter 5, title 68, Idaho Code. All realized earnings shall
 10    be credited to the capitol endowment income fund creation created  in  section
 11    67-1611, Idaho Code.
                                                                        
 12        SECTION  44.  That Section 67-3610, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        67-3610.  UNIVERSITY OF IDAHO -- ANNUAL AUDITED FINANCIAL STATEMENT. As  a
 15    condition  to  availability  of appropriations made to it, and to institutions
 16    and activities under its control or supervision, the state board of  education
 17    and board of regents of the University of Idaho shall file with the state con-
 18    troller  on  or  before the 20th day of January of each year for the preceding
 19    fiscal year a date mutually agreed upon by the state controller and the  state
 20    board of education and board of regents of the university of Idaho, an audited
 21    financial statement showing receipt of moneys from state and federal appropri-
 22    ations,  endowment  funds,  local and institutional incomes, or from any other
 23    source, made to it and to institutions and activities  under  its  control  or
 24    supervision.
                                                                        
 25        SECTION  45.  That Section 67-7409, Idaho Code, be, and the same is hereby
 26    amended to read as follows:
                                                                        
 27        67-7409.  POWERS AND DUTIES OF THE DIRECTOR. The director shall be respon-
 28    sible for the daily operations of the lottery, and shall  have  the  following
 29    duties, powers and responsibilities in addition to others herein granted:
 30        (1)  The director shall:
 31        (a)  Operate  and administer the lottery in accordance with the provisions
 32        of this act chapter and the policies, and rules  and  regulations  of  the
 33        lottery;
 34        (b)  Appoint  deputy  directors,  sales  personnel and security staff, who
 35        shall be exempt from the provisions of chapter 53, title 67,  Idaho  Code,
 36        as  may  be  required to carry out the functions and duties of his office;
 37        and
 38        (c)  Hire professional, technical and other employees as may be  necessary
 39        to  perform  the duties of his office subject to the provisions of chapter
 40        53, title 67, Idaho Code.
 41        (2)  The director shall:
 42        (a)  Confer regularly with the commission on the operation and administra-
 43        tion of the lottery;
 44        (b)  Make available for inspection by  the  commission,  on  request,  all
 45        books, records, files, and other information and documents of the lottery;
 46        and
 47        (c)  Advise  the  commission and make such recommendations as the director
 48        considers necessary and advisable to improve the operation and administra-
 49        tion of the lottery.
 50        (3)  The director may enter into  contracts  for  marketing,  advertising,
 51    promotion,  research and studies for the lottery and for products and services
                                                                        
                                           27
                                                                        
  1    for effectuating the purposes of this chapter, however,  contracts  for  major
  2    procurements  must  be  approved by the commission. The director may not enter
  3    into contracts for the administration of the lottery.
  4        (4)  The director shall:
  5        (a)  Submit quarterly financial statements to the commission,  the  gover-
  6        nor,  the  state treasurer, and the legislature. Such financial statements
  7        shall be prepared in accordance with generally accepted accounting princi-
  8        ples and shall include a balance  sheet,  a  statement  of  operations,  a
  9        statement  of  changes  in financial position, and related footnotes. Such
 10        financial statements are to be provided within forty-five (45) days of the
 11        last day of each quarter;
 12        (b)  Submit annual financial statements to the commission,  the  governor,
 13        the  state  treasurer,  and each member of the legislature. Such financial
 14        statements  shall  be  prepared  in  accordance  with  generally  accepted
 15        accounting principles and shall include  a balance sheet, a  statement  of
 16        operations,  a  statement  of  changes  in financial position, and related
 17        footnotes. Such financial statements shall have been examined by the state
 18        controller legislative services office or a firm of independent  certified
 19        public  accountants  in  accordance with generally accepted auditing stan-
 20        dards and shall be provided within ninety (90) days of the last day of the
 21        lottery's fiscal year;
 22        (c)  Report to the governor and the legislature any matters which  require
 23        immediate changes in the laws of this state in order to prevent abuses and
 24        evasions  of  this act chapter or the rules and regulations of the lottery
 25        or to rectify undesirable conditions in connection with administration  or
 26        operation of the lottery;
 27        (d)  Carry on a continuous study and investigation of the lottery to:
 28             (i)   Identify  any  defects  in the provisions of this chapter or in
 29             the rules and regulations of the commission leading to  an  abuse  in
 30             the  administration or operation of the lottery or an evasion of this
 31             act or the rules and regulations of the lottery;
 32             (ii)  Make recommendations for changes in this chapter or  the  rules
 33             and  regulations  of  the lottery to prevent abuses or evasions or to
 34             improve the efficiency of the lottery;
 35             (iii) Ensure that the provisions of this chapter and  the  rules  and
 36             regulations  of  the lottery are administered and formulated to serve
 37             the purposes of this chapter;
 38             (iv)  Prevent the use of the lottery, the provisions of this chapter,
 39             or the rules and regulations of the lottery  from  fostering  profes-
 40             sional gambling or crime;
 41        (e)  Make a continuous study and investigation of:
 42             (i)   The  operation and administration of similar laws and lotteries
 43             in other states and countries;
 44             (ii)  The available information  on  the  subject  of  lotteries  and
 45             related subjects;
 46             (iii) Any federal laws which may affect the operation of the lottery;
 47             and
 48             (iv)  The  reaction  of citizens of this state to existing and poten-
 49             tial features of the lottery with a view to recommending or effecting
 50             changes that will tend to serve the purposes of this chapter.
 51        (5)  The director shall provide for secure lottery facilities and  lottery
 52    systems, including data processing facilities and systems.
 53        (6)  The  director shall be responsible for monitoring class III gaming on
 54    Indian reservations as may be required by compacts entered into by  the  state
 55    in accordance with state statutory law and pursuant to the Indian Gaming Regu-
                                                                        
                                           28
                                                                        
  1    latory Act, 25 U.S.C. section 2701 et seq. and 18 U.S.C. sections 1166-1168.
  2        (7)  The  director shall perform all other acts necessary to carry out the
  3    purposes and provisions of this chapter.
                                                                        
  4        SECTION 46.  That Section 67-8305, Idaho Code, be, and the same is  hereby
  5    amended to read as follows:
                                                                        
  6        67-8305.  DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
  7    all  moneys  received  by  the institute shall be deposited in one (1) or more
  8    separate accounts in the name of the institute in one (1)  or  more  banks  or
  9    trust  companies  approved  under  chapter  27, title 67, Idaho Code, as state
 10    depositories. The institute shall designate such banks or trust companies. All
 11    funds so deposited are hereby continuously appropriated  for  the  purpose  of
 12    carrying out the provisions of this chapter.
 13        (2)  Funds  can be withdrawn or paid out of such accounts only upon checks
 14    or other orders upon such accounts signed by two (2)  officers  designated  by
 15    the institute.
 16        (3)  The right is reserved to the state of Idaho to audit the funds of the
 17    institute at any time.
 18        (4)  On  or  before January 15 of each year, the institute shall file with
 19    the senate agricultural affairs committee, the house agricultural affairs com-
 20    mittee, the legislative services office, the state controller, and  the  divi-
 21    sion  of financial management, a report showing the annual income and expenses
 22    by standard classification of the institute during the preceding fiscal  year.
 23    The  report  shall also include an estimate of income to the institute for the
 24    current and next fiscal year and a projection of anticipated expenses by cate-
 25    gory for the current and next fiscal year. From and after  January  15,  1998,
 26    the  report  shall  also include a reconciliation between the estimated income
 27    and expenses projected and the actual income and  expenses  of  the  preceding
 28    fiscal year.
 29        (5)  All  moneys  received  or  expended by the institute shall be audited
 30    annually by a certified public accountant designated  by  the  institute,  who
 31    shall  furnish a copy of such audit to the state controller director of legis-
 32    lative services and to the senate agricultural affairs committee and the house
 33    agricultural affairs committee. The audit shall  be  completed  within  ninety
 34    (90) days following the close of the fiscal year.
 35        (6)  The  expenditures  of  the  institute are expressly exempted from the
 36    provisions of sections 67-2007 and 67-2008, Idaho Code.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 12426C1
In 1994, the name and duties of the state controller were amended
in the Idaho Constitution and statutes. Since these amendments,
the state controller no longer performs any post-audit functions,
yet many sections of Idaho Code still call for the state
controller to participate in post-audit activities. Additionally,
some sections of Idaho law fail to reflect current accounting
standards and practices as well as the use of modern electronic
financial transmittals.
Lastly, Idaho code generically refers to rules and regulations
set by the state controller, yet elected officials implement
policies and procedures by convention.

This legislation proposes to update the statutes relating to the
Idaho State Controller and the state accounting and payroll
systems by reflecting current practices and organizational
structure of state government more accurately. As such, this
legislation will correct errors and codify existing policies and
practices of state government that:

     1) Adapt current post-audit practices;
     2) Comply with current standards of accounting;
     3) Clarify existing delegation of fiscal review and approval
     authority to state agencies, local governments, and
     affiliated organizations;
     4) Utilize electronic signatures, transfers and storage
     mechanisms in modern financial transmittals;
     5) Safeguard state funds by eliminating fund account numbers
     in statutes;
     6) Remove the state controller's seal as an authentication
     practice for official documents, warrants, etc.;
     7) Adjust linguistic form for policies and procedures as set
     by elected officials; and
     8) Clarify statutory duties, memberships and title of the
     state controller.
                         FISCAL IMPACT
 No fiscal impact.


Contact
Name:     Keith Johnson
Agency:   State Controller
Phone:    208-334-3100

Name:     Rep. Jim Clark
Phone:    208-332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                          H89