HOUSE BILL NO. 711

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Bill Status



H0711......................................................by STATE AFFAIRS
IDAHO STATE INDEPENDENT LIVING COUNCIL - Adds to and amends existing law to
provide legislative intent; to create the Idaho State Independent Living
Council; to provide exemption from certain state laws; to provide powers of
the Idaho State Independent Living Council; to provide for appointment of
directors of the Idaho State Independent Living Council; to provide for
allocation of funds by designated state units; and to create the Idaho
Independent Living Council Fund.
                                                                        
02/16    House intro - 1st rdg - to printing
02/17    Rpt prt - to St Aff
02/23    Rpt out - rec d/p - to 2nd rdg
02/24    2nd rdg - to 3rd rdg
02/26    3rd rdg - PASSED - 70-0-0
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      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, Langhorst, Martinez,
      McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
      Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
      Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
      Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Mr. Speaker
    Title apvd - to Senate
02/27    Senate intro - 1st rdg - to St Aff
03/15    Rpt out - rec d/p - to 2nd rdg
03/16    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand),
      Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon,
      Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge,
      Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce,
      Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk,
      Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Calabretta
    Title apvd - to House
03/20    To enrol - Rpt enrol - Sp signed - Pres signed
03/22    To Governor
03/24    Governor signed
         Session Law Chapter 327
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 711
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE IDAHO STATE INDEPENDENT LIVING  COUNCIL;  AMENDING  TITLE  56,
  3        IDAHO  CODE, BY THE ADDITION OF A NEW CHAPTER 12, TITLE 56, IDAHO CODE, TO
  4        PROVIDE LEGISLATIVE INTENT AND   TO CREATE  THE  IDAHO  STATE  INDEPENDENT
  5        LIVING  COUNCIL,  TO PROVIDE EXEMPTION FROM CERTAIN STATE LAWS, TO PROVIDE
  6        POWERS OF THE IDAHO STATE  INDEPENDENT  LIVING  COUNCIL,  TO  PROVIDE  FOR
  7        APPOINTMENT OF DIRECTORS OF THE IDAHO STATE INDEPENDENT LIVING COUNCIL, TO
  8        PROVIDE  ADDITIONAL POWERS AND DUTIES OF THE COUNCIL, TO PROVIDE FOR ALLO-
  9        CATION OF FUNDS BY DESIGNATED STATE UNITS AND TO CREATE  THE  IDAHO  STATE
 10        INDEPENDENT LIVING COUNCIL FUND.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION  1.  That Title 56, Idaho Code, be, and the same is hereby amended
 13    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 14    ter 12, Title 56, Idaho Code, and to read as follows:
                                                                        
 15                                      CHAPTER 12
 16                        IDAHO STATE INDEPENDENT LIVING COUNCIL
                                                                        
 17        56-1201.  IDAHO  STATE  INDEPENDENT  LIVING COUNCIL -- LEGISLATIVE INTENT.
 18    The Idaho state independent living council, as hereby created and as  provided
 19    for  in  this  chapter,  is  not  a single department of state government unto
 20    itself, nor is it  a part of any of the twenty (20) departments of state  gov-
 21    ernment authorized by section 20, article IV, of the constitution of the state
 22    of Idaho, or of the departments prescribed in section 67-2402, Idaho Code.
 23        It  is  legislative intent that the Idaho state independent living council
 24    operate and be recognized not as a state agency or department, but as  a  gov-
 25    ernmental  entity whose creation has been authorized by the state, much in the
 26    same manner as other single purpose districts. Pursuant to  this  intent,  and
 27    because  the  Idaho state independent living council is not a state department
 28    or agency, the Idaho state independent  living  council  is  exempt  from  the
 29    required  participation  in  the  services of the purchasing agent or employee
 30    liability coverage, as rendered by the department of administration.  However,
 31    nothing  shall prohibit the Idaho state independent living council from enter-
 32    ing into contractual arrangements with the department  of  administration,  or
 33    any other department of state government or an elected constitutional officer,
 34    for these or any other services.
 35        It  is legislative intent to require  compliance with the state merit sys-
 36    tem, and to affirm the participation of the  Idaho  state  independent  living
 37    council  in the public employee retirement system, chapter 13, title 59, Idaho
 38    Code, and the personnel system, chapter 53, title 67, Idaho Code.
 39        It is also legislative intent that the matters of location of  deposit  of
 40    Idaho  state independent living council funds, or the instruments or documents
 41    of payment from those funds shall be construed as no more than items of conve-
 42    nience for the conduct of business, and in no way reflect upon the  nature  or
                                                                        
                                           2
                                                                        
  1    status  of  the Idaho state independent living council as an entity of govern-
  2    ment.
  3        This section merely affirms that the Idaho state independent living  coun-
  4    cil created under this chapter is not a state agency and in no way changes the
  5    character  of it as it existed prior to this chapter. The functions previously
  6    performed by the state independent living council created by  executive  order
  7    no.  2002-05,  are  hereby  transferred  to the Idaho state independent living
  8    council pursuant to this chapter.
                                                                        
  9        56-1202.  IDAHO STATE INDEPENDENT LIVING COUNCIL --  POWERS.  The  council
 10    shall:
 11        (1)  Be independent of any state agency;
 12        (2)  Adopt bylaws and policies governing its operation;
 13        (3)  Provide  to  the  council's  employees  the  employee benefit package
 14    offered to state of Idaho employees; and
 15        (4)  Meet at least quarterly.
                                                                        
 16        56-1203.  DIRECTORS OF IDAHO STATE INDEPENDENT LIVING  COUNCIL.  Directors
 17    of  the  Idaho  state  independent  living council  shall be appointed by, and
 18    serve at the pleasure of, the governor. The governor  shall  comply  with  the
 19    provisions  of  29 U.S.C. section 796d(b) and 34 CFR 364.21 in making appoint-
 20    ments to the council. The council shall select an executive director to  carry
 21    out the executive functions of the council.
                                                                        
 22        56-1204.  ADDITIONAL  POWERS AND DUTIES. The council shall carry out those
 23    powers and duties set forth in 29 U.S.C. section 796d(c) and  34  CFR  364.21.
 24    The council shall also:
 25        (1)  Assess the need for services for Idahoans with disabilities and advo-
 26    cate with decision makers;
 27        (2)  Supervise  and  evaluate  such staff as may be necessary to carry out
 28    the functions of the council;
 29        (3)  Ensure that all regularly scheduled meetings of the council are  open
 30    to  the public and that sufficient advance notice of meetings is provided pur-
 31    suant to the open meeting law;
 32        (4)  Prepare reports and make recommendations, as necessary;
 33        (5)  Perform other activities the council deems necessary to increase  the
 34    ability of Idahoans with disabilities to live independently;
 35        (6)  Promulgate rules, as may be necessary, in compliance with chapter 52,
 36    title 67, Idaho Code.
                                                                        
 37        56-1205.  ALLOCATION  OF  FUNDS BY DESIGNATED STATE UNITS. The Idaho divi-
 38    sion of vocational rehabilitation shall enter into an agreement with the Idaho
 39    state independent living council for the allocation of funds  to  support  the
 40    council's activities. The funds shall be deposited in the Idaho state indepen-
 41    dent living council fund created pursuant to section 56-1206, Idaho Code. Such
 42    an  agreement  shall not be subject to the competitive bidding requirements as
 43    provided by law, and shall be limited to the amounts appropriated by the  leg-
 44    islature or the United States congress.
                                                                        
 45        56-1206.  IDAHO  STATE  INDEPENDENT  LIVING  COUNCIL FUND. There is hereby
 46    created in the state treasury the Idaho state independent living council fund.
 47    Moneys in the fund shall consist of  appropriations,  grants,  federal  funds,
 48    donations,  gifts,  or  moneys  from  any other source. Moneys in the fund are
 49    hereby perpetually  appropriated for purposes provided in  this  chapter.  The
 50    state treasurer shall invest idle moneys in the fund and any interest received
                                                                        
                                           3
                                                                        
  1    on those investments shall be returned to the fund.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 13910

The Rehabilitation Act Amendments of 1992 were signed into law in
October of 1992.  One of the requirements was the establishment
of State Independent Living Councils (SILCs).  The Idaho SILC was
created by Executive Order 93-01 in 1993.

The Federal Rehabilitation Act pertaining to the establishment
and the placement of the SILCs requires; "The SILC may not be
established as an entity within a state agency, including the
designated state agency or Designated State Unit (DSU).  The SILC
shall be independent of the DSU and all other state agencies. 
Although funds may flow through the DSU either directly to the
SILC or another entity operating under grant or contract
supporting the SILC, nothing in the grant or contract can serve
to limit the independence of the SILC."

By changing the placement of the SILC this legislation will bring
the SILC into compliance with federal law and is supported by the
Governor's Office, the Idaho SILC, the Idaho Commission for the
Blind and Visually Impaired and the Division of Vocational
Rehabilitation.

The structure of the SILC, its By-Laws and rules of operation
would remain the same and the Governor would continue to make the
appointments of all Council members.

                          FISCAL IMPACT

None


Contact
Name: Kelly Buckland, Executive Director, Idaho Independent
Living Council 
Phone: (208) 334-3800
Speaker Bruce Newcomb
Phone: (208) 332-1111



STATEMENT OF PURPOSE/FISCAL NOTE                     H 711