1998 Legislation
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HOUSE BILL NO. 692 – Advisory Comm/Intergovtl Relations

HOUSE BILL NO. 692

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H0692...................................................by LOCAL GOVERNMENT
ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS - Adds to existing law
to create an Advisory Commission on Intergovernmental Relations to study
and report on issues affecting the structure, powers, functions and
relationships between and among units of government.

02/13    House intro - 1st rdg - to printing
02/16    Rpt prt - to Loc Gov
02/25    Rpt out - rec d/p - to 2nd rdg
02/26    2nd rdg - to 3rd rdg
03/04    3rd rdg - PASSED - 40-30-0
      AYES -- Barraclough, Barrett, Bell, Bieter, Black(15) Boe, Campbell,
      Chase, Cuddy, Deal, Field(13), Gagner, Gould Hadley, Hansen, Henbest,
      Hornbeck, Jaquet, Jones(9), Jones(22) Judd, Kellogg, Kempton,
      Kjellander, Linford, Marley, Meyer, Miller, Pischner, Pomeroy,
      Richman, Ridinger, Robison, Stone, Stubbs, Tippets, Trail, Watson,
      Zimmermann, Mr. Speaker
      NAYS -- Alltus, Bivens, Black(23), Bruneel, Callister, Clark, Crane,
      Crow, Denney, Ellsworth, Field(20), Geddes, Jones(20), Kendell, Kunz,
      Lake, Loertscher, Mader, McKague, Mortensen, Newcomb, Reynolds, Sali,
      Schaefer, Stevenson, Stoicheff, Taylor, Tilman, Wheeler, Wood
      Absent and excused -- None
    Floor Sponsor - Watson
    Title apvd - to Senate
03/04    Senate intro - 1st rdg - to Loc Gov

Bill Text


H0692


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 692

                              BY LOCAL GOVERNMENT COMMITTEE

 1                                        AN ACT
 2    RELATING TO AN ADVISORY COMMISSION ON  INTERGOVERNMENTAL  RELATIONS;  AMENDING
 3        CHAPTER 26, TITLE 67, IDAHO CODE, BY THE ADDITION OF NEW SECTIONS 67-2630,
 4        67-2631,  67-2632,  67-2633, 67-2634 AND 67-2635, IDAHO CODE, TO PROVIDE A
 5        STATEMENT OF PURPOSE, TO DEFINE TERMS, TO CREATE THE  ADVISORY  COMMISSION
 6        ON  INTERGOVERNMENTAL  RELATIONS, TO PROVIDE POWERS AND DUTIES OF THE COM-
 7        MISSION, TO PROVIDE RESOURCES  AND  STAFFING  AND  TO  REQUIRE  AN  ANNUAL
 8        REPORT; AND PROVIDING AN EFFECTIVE DATE.

 9    Be It Enacted by the Legislature of the State of Idaho:

10        SECTION  1.  That  Chapter  26,  Title 67, Idaho Code, be, and the same is
11    hereby amended by the addition thereto of  NEW  SECTIONS  ,  to  be
12    known  and  designated as Sections 67-2630, 67-2631, 67-2632, 67-2633, 67-2634
13    and 67-2635, Idaho Code, and to read as follows:

14        67-2630.  PURPOSE. The purpose of the provisions of  this  chapter  is  to
15    establish  a permanent intergovernmental commission to study and report on the
16    following subject areas:
17        (1)  The current local government structure and its viability;
18        (2)  The powers and functions of  local government;
19        (3)  The existing, necessary and desirable relationships between and among
20    local governments and the state;
21        (4)  The existing, necessary and desirable allocation of state  and  local
22    fiscal resources;
23        (5)  The actions of state government that directly or indirectly prescribe
24    the  manner,  standards, level and conditions of public service to be provided
25    by the local governments of the state and  the  fiscal  consequences  of  such
26    actions upon the affected local governments;
27        (6)  The  actions  of  the  federal government that directly or indirectly
28    prescribe the manner, standards, level and conditions of public service to  be
29    provided  by the local governments of the state and the fiscal consequences of
30    such actions upon the affected local governments;
31        (7)  The special problems in interstate areas facing their  local  govern-
32    ments.
33        Such  studies  shall also include a proposal for legislative or gubernato-
34    rial action required to implement commission recommendations.

35        67-2631.  DEFINITIONS. As used in sections 67-2631 through 67-2635,  Idaho
36    Code:
37        (1)  "Commission" means the advisory commission on intergovernmental rela-
38    tions established pursuant to section 67-2632, Idaho Code.
39        (2)  "Fiscal  impact"  means  the  amount of money needed for a program or
40    service, the scope or level of which would be reduced, increased, extended  or
41    enhanced  by  a  local  government's compliance with the provisions of a state
42    law, rule or order.  This definition does not apply when the state,  in  order


                                          2

 1    to  comply with federal laws and regulations changes a program or service, and
 2    the moneys provided by the federal government to the state  are  disbursed  to
 3    the  local  governments  in  accordance  with  proportionate responsibility of
 4    implementing the action.
 5        (3)  "Local governments" means the governing bodies and the  officers  and
 6    employees of cities or counties.
 7        (4)  "Net additional cost" means the cost or costs incurred or anticipated
 8    to be incurred within a one (1) year period by local governments in performing
 9    or administering a new or expanded program or service required by a state law,
10    rule  or  order, after subtracting  therefrom any revenues received or receiv-
11    able by the local government on account of the program or  service  including,
12    but not limited to:
13        (a)  Fees charged to the recipients of the program or service;
14        (b)  State or federal aid paid specifically or categorically in connection
15        with the program or service; and
16        (c)  Any  offsetting  savings resulting from the diminution or elimination
17        of any other program or service directly attributable to  the  performance
18        or administration of the required program or service.

19        67-2632.  COMMISSION  CREATED  -- APPOINTMENT OF MEMBERS -- TERM OF OFFICE
20    -- COMPENSATION. (1) There is hereby created in the executive  office  of  the
21    governor the Idaho advisory commission on intergovernmental relations, hereaf-
22    ter referred to as the commission.
23        (2)  The  commission  shall  consist  of twelve (12) members: two (2) city
24    officials to be appointed by the president of the association of Idaho cities;
25    two (2) county officials to be appointed by the president of the Idaho associ-
26    ation of counties; two (2) members to be appointed by the president  pro  tem-
27    pore of the senate from members of the senate; two (2) members to be appointed
28    by  the speaker of the house of representatives from the members of the house;
29    two (2) officials  from  the  executive  branch  of  state  government  to  be
30    appointed  by  the governor; and two (2) representatives of the general public
31    to be appointed by the governor.
32        (3)  One (1) person from each of  the  two-person  appointments  shall  be
33    appointed  for a one (1) year term and the other person shall be appointed for
34    a two (2) year term.  All initial appointments shall commence on July 1, 1998.
35    All subsequent terms shall be for two (2) years. Vacancies shall be filled  in
36    the  same manner as the original appointments and for the balance of the unex-
37    pired term. The chairman and vice-chairman shall be elected by members of  the
38    commission from among its members.
39        (4)  Members  of  the commission shall not receive compensation but may be
40    reimbursed for their expenses as provided in section 59-509(c), Idaho Code.

41        67-2633.  POWERS AND DUTIES.  The  commission  shall  have  the  following
42    powers and duties:
43        (1)  To serve as a forum for the discussion and resolution of intergovern-
44    mental problems;
45        (2)  To engage in such activities and make such studies and investigations
46    as  are  necessary  or desirable in the accomplishment of the purposes of this
47    chapter;
48        (3)  To review, on its own initiative or as may be requested by the gover-
49    nor or leadership of the legislature, any law or proposed law, or state agency
50    rule or proposed rule, to determine the fiscal impact of the law or  rule  and
51    whether  their implementation resulted in or will result in any net additional
52    cost to local governments;
53        (4)  To consider ways and means of fostering better relations among  local


                                          3

 1    governments  and  between local governments, the state government and the fed-
 2    eral government;
 3        (5)  To encourage, and where appropriate, coordinate studies  relating  to
 4    intergovernmental  relations conducted by colleges, universities, state, local
 5    and federal agencies, and research and consulting organizations;
 6        (6)  To advise the governor, legislature, state agencies and local govern-
 7    ments on the nature and magnitude of  problems  facing  the  intergovernmental
 8    system;
 9        (7)  To  establish  special  advisory  committees  on specific subjects or
10    projects;
11        (8)  To establish such procedures for its own governance as may be  deemed
12    necessary  by  the  commission and which are not inconsistent with the laws of
13    this state.

14        67-2634.  RESOURCES AND STAFFING. The commission may secure both financial
15    and personnel resources, when necessary, from federal, state and  local  agen-
16    cies as well as the private sector. Any staff retained by the commission shall
17    be  exempt  from the provisions of chapter 53, title 67, Idaho Code. The staff
18    of the Idaho association of counties or association of Idaho cities may  serve
19    as staff for the commission.

20        67-2635.  ANNUAL  REPORT  OF  THE  COMMISSION. The commission may issue an
21    annual report of its activities to the  governor  and  legislature  and  shall
22    report  on its findings and recommendations from time to time as may be deemed
23    appropriate by the commission.

24        SECTION 2.  This act shall be in full force and effect beginning  on  July
25    1,  1998,  and continue for five years from the effective date of this act and
26    concluding on June 30, 2003.

Statement of Purpose / Fiscal Impact


    





                            STATEMENT OF PURPOSE
    
                                  RS 07848
    
    The proposed legislation would establish a permanent 
    intergovernmental advisory commission, within the executive 
    office of the governor, composed of 12 representatives from 
    the executive branch, the legislature, local governments, and 
    the general public. These representatives would study and 
    report on issues; consider ways to foster better relationships 
    among governments; review fiscal impacts on issues; advise on 
    problems; and serve as a forum for the resolution of 
    intergovernmental problems.
    
                                FISCAL NOTE
    
    The projected cost to the state general fund will be 
    approximately $23,200. The breakdown includes: Annual Report 
    printing 600 copies of a 30 page report $1500; travel for 12 
    individuals @ $400 for a 2 day meeting, anticipated 4 meetings 
    per year at a cost of $19,200; miscellaneous expenses of 
    $2500. Staffing costs will be provided by the Idaho 
    Association of Counties and the Association of Idaho Cities.
    
             CONTACT:                         Speaker Simpson - 332-1111
                                                 Mike Brassey - 336-7930
                     Idaho Association of Counties: Dan Chadwick, Tony
                                    Poinelli, Lorna Jorgensen - 345-9126
                     Association of Idaho Cities: Ken Harward - 344-8594
    
    STATEMENT OF PURPOSE/FISCAL NOTE
    
    H 692