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S1246aa..............................................by JUDICIARY AND RULES
PROFESSIONAL-TECHNICAL EDUCATION - Amends existing law to change the name
of the Division of Vocational Education to the Division of
Professional-Technical Education.
03/02 Senate intro - 1st rdg - to printing
03/03 Rpt prt - to Educ
03/05 Rpt out - to 14th Ord
03/08 Rpt out amen - to engros
03/09 Rpt engros - 1st rdg - to 2nd rdg as amen
03/10 2nd rdg - to 3rd rdg as amen
03/11 3rd rdg as amen - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry, Twiggs
Floor Sponsor - Bunderson
Title apvd - to House
03/12 House intro - 1st rdg as amen - to Educ
03/17 Rpt out - rec d/p - to 2nd rdg as amen
03/18 2nd rdg - to 3rd rdg as amen
03/19 3rd rdg as amen - PASSED - 59-3-8
AYES -- Alltus, Barraclough, Barrett, Bell, Black, Boe, Bruneel,
Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Hadley, Hammond, Hansen(23),
Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell,
Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague,
Meyer(Duncan), Montgomery, Mortensen, Moyle, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smith,
Smylie, Stevenson, Stone, Taylor, Tippets, Trail, Watson, Wood
NAYS -- Bieter, Hansen(29), Stoicheff
Absent and excused -- Geddes, Gould, Limbaugh, Tilman, Wheeler,
Williams, Zimmermann, Mr Speaker
Floor Sponsor - Field(20)
Title apvd - to Senate - to enrol
03/22 Rpt enrol - Pres signed - Sp signed
03/23 To Governor
03/24 Governor signed
Session Law Chapter 329
Effective: 07/01/99
S1246|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1246, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO VOCATIONAL EDUCATION; AMENDING SECTION 33-123, IDAHO CODE, TO PRO- 3 VIDE FOR PROFESSIONAL-TECHNICAL TRAINING; AMENDING SECTION 33-1002G, IDAHO 4 CODE, TO PROVIDE REFERENCE TO PROFESSIONAL-TECHNICAL EDUCATION AND TO MAKE 5 A TECHNICAL CORRECTION; AMENDING SECTION 33-1252, IDAHO CODE, TO CHANGE 6 REFERENCES FOR THE DIVISION OF VOCATIONAL EDUCATION TO THE DIVISION OF 7 PROFESSIONAL-TECHNICAL EDUCATION; AMENDING SECTION 33-1612, IDAHO CODE, TO 8 PROVIDE FOR ENTRANCE TO PROFESSIONAL-TECHNICAL POSTSECONDARY EDUCATION AND 9 TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 33-2202, IDAHO CODE, TO 10 CHANGE REFERENCES FOR VOCATIONAL EDUCATION TO PROFESSIONAL-TECHNICAL EDU- 11 CATION, TO CHANGE REFERENCES FOR THE STATE BOARD FOR VOCATIONAL EDUCATION 12 TO THE STATE BOARD FOR PROFESSIONAL-TECHNICAL EDUCATION AND TO PROVIDE A 13 DEFINITION; AMENDING SECTION 33-2203, IDAHO CODE, TO CHANGE REFERENCES FOR 14 VOCATIONAL EDUCATION TO PROFESSIONAL-TECHNICAL EDUCATION AND TO MAKE A 15 TECHNICAL CORRECTION; AMENDING SECTION 33-2204, IDAHO CODE, TO CHANGE REF- 16 ERENCES FOR THE STATE BOARD FOR VOCATIONAL EDUCATION TO THE STATE BOARD 17 FOR PROFESSIONAL-TECHNICAL EDUCATION AND TO PROVIDE FOR FOUR REGULAR MEET- 18 INGS ANNUALLY; AMENDING SECTION 33-2205, IDAHO CODE, TO CHANGE REFERENCES 19 FOR THE STATE BOARD FOR VOCATIONAL EDUCATION TO THE STATE BOARD FOR 20 PROFESSIONAL-TECHNICAL EDUCATION AND TO CHANGE REFERENCES FOR THE ADMINIS- 21 TRATOR OF VOCATIONAL EDUCATION TO THE ADMINISTRATOR OF PROFESSIONAL- 22 TECHNICAL EDUCATION; AMENDING SECTION 33-2206, IDAHO CODE, TO CHANGE REF- 23 ERENCES FOR VOCATIONAL EDUCATION TO PROFESSIONAL-TECHNICAL EDUCATION AND 24 TO CHANGE REFERENCES FOR THE STATE BOARD FOR VOCATIONAL EDUCATION TO THE 25 STATE BOARD FOR PROFESSIONAL-TECHNICAL EDUCATION; AMENDING SECTION 26 33-2207, IDAHO CODE, TO CHANGE REFERENCES FOR VOCATIONAL EDUCATION TO 27 PROFESSIONAL-TECHNICAL EDUCATION, TO CHANGE REFERENCES FOR THE STATE BOARD 28 FOR VOCATIONAL EDUCATION TO THE STATE BOARD FOR PROFESSIONAL-TECHNICAL 29 EDUCATION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 33-2208, 30 IDAHO CODE, TO CHANGE REFERENCES FOR THE STATE BOARD FOR VOCATIONAL EDU- 31 CATION TO THE STATE BOARD FOR PROFESSIONAL-TECHNICAL EDUCATION, TO CHANGE 32 A REFERENCE FROM VOCATIONAL-TECHNICAL TRAINING TO PROFESSIONAL-TECHNICAL 33 TRAINING AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 33-2209, 34 IDAHO CODE, TO CHANGE REFERENCES FOR THE STATE BOARD FOR VOCATIONAL EDUCA- 35 TION TO THE STATE BOARD FOR PROFESSIONAL-TECHNICAL EDUCATION; AMENDING 36 SECTIONS 33-2210 AND 33-2211, IDAHO CODE, TO CHANGE REFERENCES FOR THE 37 STATE BOARD FOR VOCATIONAL EDUCATION TO THE STATE BOARD FOR PROFESSIONAL- 38 TECHNICAL EDUCATION; AMENDING SECTIONS 33-2212, 33-2303, 33-2306 AND 39 33-2308, IDAHO CODE, TO CHANGE REFERENCES FOR THE STATE BOARD FOR VOCA- 40 TIONAL EDUCATION TO THE STATE BOARD FOR PROFESSIONAL-TECHNICAL EDUCATION; 41 AMENDING SECTION 33-4305, IDAHO CODE, TO PROVIDE FOR SCHOLARSHIPS FOR 42 PROFESSIONAL-TECHNICAL PROGRAMS; AMENDING SECTION 33-4306, IDAHO CODE, TO 43 CHANGE REFERENCES FOR THE STATE BOARD FOR VOCATIONAL EDUCATION TO THE 44 STATE BOARD FOR PROFESSIONAL-TECHNICAL EDUCATION AND TO MAKE TECHNICAL 45 CORRECTIONS; AMENDING SECTION 33-4603, IDAHO CODE, TO PROVIDE FOR SCHOLAR- 46 SHIPS FOR PROFESSIONAL-TECHNICAL PROGRAMS; AMENDING SECTION 33-4803, IDAHO 2 1 CODE, TO CHANGE REFERENCES FOR THE VOCATIONAL EDUCATION SYSTEM TO THE 2 PROFESSIONAL-TECHNICAL EDUCATION SYSTEM; AMENDING SECTION 39-4902, IDAHO 3 CODE, TO REDESIGNATE THE SECTION AND TO CHANGE REFERENCES FOR THE DEPART- 4 MENT OF VOCATIONAL EDUCATION TO REFERENCES TO THE DIVISION OF 5 PROFESSIONAL-TECHNICAL EDUCATION; AMENDING SECTIONS 39-5009 AND 54-1007, 6 IDAHO CODE, TO CHANGE REFERENCES FOR THE STATE BOARD FOR VOCATIONAL EDUCA- 7 TION TO THE STATE BOARD FOR PROFESSIONAL-TECHNICAL EDUCATION; AMENDING 8 SECTION 67-3521, IDAHO CODE, TO PROVIDE FOR ENCUMBRANCES TO PROFESSIONAL- 9 TECHNICAL EDUCATION; AMENDING SECTION 67-5303, IDAHO CODE, TO CHANGE REF- 10 ERENCES FOR THE STATE BOARD FOR VOCATIONAL EDUCATION TO THE STATE BOARD 11 FOR PROFESSIONAL-TECHNICAL EDUCATION AND TO CHANGE REFERENCES FOR THE 12 DEPARTMENT OF VOCATIONAL EDUCATION TO REFERENCES TO THE DIVISION OF 13 PROFESSIONAL-TECHNICAL EDUCATION; AMENDING SECTION 72-517, IDAHO CODE, TO 14 CHANGE REFERENCES FOR THE STATE BOARD OF VOCATIONAL EDUCATION TO THE STATE 15 BOARD FOR PROFESSIONAL-TECHNICAL EDUCATION; AMENDING SECTION 33-107B, 16 IDAHO CODE, TO CHANGE REFERENCE TO POSTSECONDARY VOCATIONAL EDUCATION TO 17 POSTSECONDARY PROFESSIONAL-TECHNICAL EDUCATION; AMENDING SECTION 33-1002, 18 IDAHO CODE, TO CHANGE REFERENCE TO VOCATIONAL POSTSECONDARY EDUCATION PRO- 19 GRAMS TO POSTSECONDARY PROFESSIONAL-TECHNICAL EDUCATION PROGRAMS; AMENDING 20 SECTION 33-2110, IDAHO CODE, TO CHANGE REFERENCES TO VOCATIONAL EDUCATION 21 TO PROFESSIONAL-TECHNICAL EDUCATION; AMENDING SECTION 33-2401, IDAHO CODE, 22 TO ADD REFERENCES TO PROFESSIONAL-TECHNICAL EDUCATION; AMENDING SECTION 23 33-3002, IDAHO CODE, TO CHANGE REFERENCES TO VOCATIONAL COURSES TO 24 PROFESSIONAL-TECHNICAL COURSES; AMENDING SECTION 33-3101, IDAHO CODE, TO 25 CHANGE REFERENCE TO VOCATIONAL COURSES AND INCLUDE PROFESSIONAL-TECHNICAL 26 COURSES; AMENDING SECTION 33-4001, IDAHO CODE, TO CHANGE REFERENCES TO 27 VOCATIONAL PROGRAMS TO PROFESSIONAL-TECHNICAL PROGRAMS AND TO MAKE A TECH- 28 NICAL CORRECTION; AMENDING SECTION 33-4302, IDAHO CODE, TO CHANGE REFER- 29 ENCES TO VOCATIONAL-TECHNICAL SCHOOLS TO PROFESSIONAL-TECHNICAL SCHOOLS; 30 AMENDING SECTION 33-4302A, IDAHO CODE, TO CHANGE REFERENCE TO VOCATIONAL- 31 TECHNICAL SCHOOLS TO PROFESSIONAL-TECHNICAL SCHOOLS; AMENDING SECTION 32 33-4403, IDAHO CODE, TO CHANGE REFERENCES TO VOCATIONAL-TECHNICAL PROGRAMS 33 TO PROFESSIONAL-TECHNICAL PROGRAMS AND TO MAKE A TECHNICAL CORRECTION; 34 AMENDING SECTION 59-1302, IDAHO CODE, TO CHANGE REFERENCES TO VOCATIONAL- 35 TECHNICAL CENTERS TO PROFESSIONAL-TECHNICAL CENTERS; AMENDING SECTION 36 67-6902, IDAHO CODE, TO CHANGE REFERENCES TO VOCATIONAL-TECHNICAL TRAINING 37 TO PROFESSIONAL-TECHNICAL TRAINING AND TO MAKE TECHNICAL CORRECTIONS; 38 AMENDING SECTION 72-1347B, IDAHO CODE, TO CHANGE REFERENCE TO VOCATIONAL 39 EDUCATION TO PROFESSIONAL-TECHNICAL EDUCATION; AND AMENDING SECTION 40 72-501A, IDAHO CODE, TO CHANGE REFERENCE TO THE STATE BOARD OF VOCATIONAL 41 REHABILITATION TO THE STATE BOARD FOR PROFESSIONAL-TECHNICAL EDUCATION. 42 Be It Enacted by the Legislature of the State of Idaho: 43 SECTION 1. That Section 33-123, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 33-123. EDUCATION FOR INMATES UNDER JURISDICTION OF DEPARTMENT OF CORREC- 46 TION. The state board, in cooperation with the state board of correction, 47 shall have prepared suitable courses of study, includingvocational48professional-technical training, for prisoners held under 49 the jurisdiction of the department of correction, and the state board of cor- 50 rection shall make arrangements carrying into effect all provisions for the 51 education of prisoners who are under the jurisdiction of the department of 52 correction to the extent possible within the limits of moneys appropriated by 3 1 the state legislature. Such educational opportunities shall be limited to 2 those inmates who have a need, such need to be determined by the staff of the 3 department of correction, and can benefit from training, and those inmates 4 whose degree of custody classification allows participation in the classroom 5 environment provided. 6 SECTION 2. That Section 33-1002G, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 33-1002G. PROFESSIONAL-TECHNICAL SCHOOL ADDED COST UNITS. School dis- 9 tricts may establish professional-technical schools that qualify for funding 10 appropriated for the specific purpose of supporting the added cost of 11 professional-technical schools. These funds will be appropriated to the state 12 board forvocationalprofessional-technical educa- 13 tion, to be expended by the division ofvocational14 professional-technical education. The amount of the professional- 15 technical school added cost unit would be calculated as an additional .33 sec- 16 ondary units based on full-time equivalent average daily attendance at an 17 approved professional-technical school. In order for a school to qualify for 18 funding as a professional-technical school, it must make application to the 19 division ofvocationalprofessional-technical educa- 20 tion on or before the first Friday in July for the following fiscal year. For 21 fiscal year 19 99, applications must be made by May 1. All school 22 programs must have a professional-technical component and meet at least four 23 (4) of the five (5) following criteria: 24 (1) The school serves students from two (2) or more high school atten- 25 dance zones with a minimum of fifteen percent (15%) of the total student body 26 residing in attendance zones apart from the attendance zone of the majority of 27 students. 28 (2) The school offers a majority of its class offerings as dual credit 29 opportunities in conjunction with an accredited institution of higher educa- 30 tion. 31 (3) All school programs involve at least one (1) supervised field experi- 32 ence. 33 (4) The school is administered and funded as a distinct school separate 34 from schools that qualify for computation as regular secondary support units. 35 (5) The school is to be located at a separate site from regular high 36 school facilities. 37 Hardship exemptions for the separate site requirement may be granted by the 38 state board of education. 39 For funding purposes, students in attendance at a qualifying professional- 40 technical school will be reported in full or half days. The state board of 41 education will develop rules that will determine funding in instances where 42 students attend a professional-technical school on a regular basis, but in 43 increments of time that total less than 2.5 hours per day. 44 SECTION 3. That Section 33-1252, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 33-1252. PROFESSIONAL STANDARDS COMMISSION -- MEMBERS -- APPOINTMENT -- 47 TERMS. A professional standards commission is hereby created in the department 48 of education, consisting of eighteen (18) members, one (1) of whom shall be a 49 member of the staff of the state department of education, and one (1) of whom 50 shall be a member of the staff of the division ofvocational51 professional-technical education, to be appointed by the state 4 1 board of education. The members shall be representative of the teaching pro- 2 fession of the state of Idaho, and not less than seven (7) members shall be 3 certificated classroom teachers in the public school system of the state and 4 shall include at least one (1) teacher of exceptional children and at least 5 one (1) teacher in pupil personnel services. Such expansion of membership on 6 the professional standards commission shall not require reaffirmation of the 7 codes and standards of ethics and rules of procedure used by the professional 8 standards commission. 9 Except for the member from the staff of the state department of education, 10 and the member from the staff of the division ofvocational11 professional-technical education, three (3) nominees for each position 12 on the commission shall be submitted to the state superintendent of public 13 instruction, for the consideration of the state board of education. Any state 14 organization of teachers whose membership is open to all certificated teachers 15 in the state may submit nominees for positions to be held by classroom teach- 16 ers; the Idaho association of school superintendents may submit nominees for 17 one (1) position, the Idaho association of secondary school principals may 18 submit nominees for one (1) position; the Idaho association of elementary 19 school principals may submit nominees for one (1) position; the Idaho associa- 20 tion of school trustees may submit nominees for one (1) position; the Idaho 21 association of special education administrators may submit nominees for one 22 (1) position; the education departments of the private colleges of the state 23 may submit nominees for one (1) position, the community colleges and the edu- 24 cation departments of the public institutions of higher education may submit 25 nominees for two (2) positions, and the colleges of letters and sciences of 26 the institutions of higher education may submit nominees for one (1) position. 27 The state board of education shall appoint or reappoint members of the 28 commission for terms of three (3) years. 29 SECTION 4. That Section 33-1612, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 33-1612. THOROUGH SYSTEM OF PUBLIC SCHOOLS. The constitution of the state 32 of Idaho, section 1, article IX, charges the legislature with the duty to 33 establish and maintain a general, uniform and thorough system of public, free 34 common schools. In fulfillment of this duty, the people of the state of Idaho 35 have long enjoyed the benefits of a public school system, supported by the 36 legislature, which has recognized the value of education to the children of 37 this state. 38 In continuing recognition of the fundamental duty established by the con- 39 stitution, the legislature finds it in the public interest to define thorough- 40 ness and thereby establish the basic assumptions which govern provision of a 41 thorough system of public schools. 42 A thorough system of public schools in Idaho is one in which: 43 1. A safe environment conducive to learning is provided; 44 2. Educators are empowered to maintain classroom discipline; 45 3. The basic values of honesty, self-discipline, unselfishness, respect 46 for authority and the central importance of work are emphasized; 47 4. The skills necessary to communicate effectively are taught; 48 5. A basic curriculum necessary to enable students to enter academic or 49vocational post secondaryprofessional-technical post- 50 secondary educational programs is provided; 51 6. The skills necessary for students to enter the work force are taught; 52 7. The students are introduced to current technology; and 53 8. The importance of students acquiring the skills to enable them to be 5 1 responsible citizens of their homes, schools and communities is empha- 2 sized. 3 The state board shall adopt rules, pursuant to the provisions of chapter 4 52, title 67, Idaho Code, and section 33-105(3), Idaho Code, to establish a 5 thorough system of public schools with uniformity as required by the constitu- 6 tion, but shall not otherwise impinge upon the authority of the board of 7 trustees of the school districts. Authority to govern the school district, 8 vested in the board of trustees of the school district, not delegated to the 9 state board, is reserved to the board of trustees. Fulfillment of the 10 expectations of a thorough system of public schools will continue to depend 11 upon the vigilance of district patrons, the dedication of school trustees and 12 educators, the responsiveness of state rules, and meaningful oversight by the 13 legislature. 14 SECTION 5. That Section 33-2202, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 33-2202. STATE BOARD FORVOCATIONALPROFESSIONAL- 17 TECHNICAL EDUCATION -- POWERS AND DUTIES. The state board of education 18 is hereby designated as the state board forvocational19 professional-technical education for the purpose of carrying into 20 effect the provisions of the federal act, known as the Smith-Hughes Act, 21 amendments thereto and any subsequent acts now or in the future enacted by the 22 Congress affecting vocational education, and is hereby authorized to cooperate 23 with the United States office of education, vocational division, or any other 24 agency of the United States designated to administer such legislation, in the 25 administration and enforcement of the provisions of said act, or acts, and to 26 exercise such powers and perform such acts as are necessary to entitle the 27 state of Idaho to receive the benefits of the same, and to execute the laws of 28 the state of Idaho relative tovocationalprofessional- 29 technical education; to administer the funds provided by the federal 30 government and the state of Idaho under the provisions of this chapter for 31 promotion of education in agricultural subjects, trade and industrial sub- 32 jects,andhome economics subjects and other subjects 33 authorized by the board . Incident to the other powers and duties of the 34 boardof vocationalfor professional-technical edu- 35 cation, the boardof vocational educationmay hold title to real 36 property. 37 As used in this title, unless otherwise specifically defined, the 38 term "professional-technical education" means secondary, postsecondary and 39 adult courses, programs, training and services administered by the division of 40 professional-technical education for occupations or careers that require other 41 than a baccalaureate, master's or doctoral degree. The courses, programs, 42 training and services include, but are not limited to, vocational, technical 43 and applied technology education. They are delivered through the professional- 44 technical delivery system of public secondary and postsecondary schools and 45 colleges. 46 SECTION 6. That Section 33-2203, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 33-2203. FURTHER POWERS OF BOARD. It shall have full power to formulate 49 plans for the promotion ofvocationalprofessional- 50 technical education in such subjects as are an essential and integral 51 part of the public school system of the state of Idaho, and to provide for the 6 1 preparation of teachers of such subjects. It shall have full power to fix the 2 compensation of such officials and assistants as may be necessary to adminis- 3 ter the federal act herein referred to, and to pay such compensation and other 4 necessary expenses of administration from funds appropriated in this chapter 5 and from money received under the provisions of the federal act. It shall have 6 authority to make studies and investigations relating tovocational7professional-technical education in such subjects, to pro- 8 mote and aid in the establishment of local communities of schools, departments 9 or classes, giving training in such subjects; to cooperate with the local com- 10 munities in the maintenance of such schools, departments or classes; to pre- 11 scribe qualifications for teachers, directors and supervisors for such sub- 12 jects, and to have full authority to provide for the certification of such 13 teachers, directors and supervisors, subject to the laws and rules governing 14 the state board of education; to cooperate in the maintenance of classes sup- 15 ported and controlled by the public for the preparation of teachers, directors 16 and supervisors of such subjects, or to maintain such classes under its own 17 direction and control; to establish and determine by generalregulation18rule the qualifications to be possessed by persons engaged 19 in the training ofvocationalprofessional-technical 20 teachers. 21 SECTION 7. That Section 33-2204, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 33-2204. MEETINGS OF STATE BOARD. The state board of education, when act- 24 ing as the state board forvocationalprofessional- 25 technical education, shall holdtwo (2)four (4) 26 regular meetings annually at such time and place as may be directed by 27 said board, but special meetings may be called at any time and at a place des- 28 ignated in said call by the president. 29 SECTION 8. That Section 33-2205, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 33-2205. STATE BOARD TO APPOINT ADMINISTRATOR -- DESIGNATION OF ASSIS- 32 TANTS -- DUTIES. The state board of education shall appoint a person to serve 33 as an administrator to the state board forvocational34 professional-technical education, who shall be known as the administra- 35 tor ofvocationalprofessional-technical education. 36 He shall designate, by and with the advice and consent of the state board for 37vocationalprofessional-technical education, such 38 assistants as may be necessary to properly carry out the provisions of the 39 federal acts and this chapter for the state of Idaho. 40 The administrator ofvocationalprofessional-technical 41 education shall also carry into effect such rulesand regulations42as the state board forvocationalprofessional- 43 technical education may adopt, and shall coordinate all efforts in 44vocationalprofessional-technical education approved 45 by the board with the executive secretary, and shall prepare such reports con- 46 cerning the condition ofvocationalprofessional-technical 47 education in the state as the state board forvocational48 professional-technical education may require. 49 SECTION 9. That Section 33-2206, Idaho Code, be, and the same is hereby 50 amended to read as follows: 7 1 33-2206. REPORTS. The state board forvocational2 professional-technical education shall make annually to the governor 3 and legislature a report of all moneys expended forvocational4 professional-technical education both from state and federal 5 funds, and shall include such annual report in the annual report of the state 6 board of education. 7 SECTION 10. That Section 33-2207, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 33-2207. CUSTODY AND DISBURSEMENT OF MONEYS APPROPRIATED. The state trea- 10 surer is hereby designated and appointed custodian of all moneys received by 11 the state from the appropriation made by said act of Congress, and he is 12 authorized to receive and to provide for the proper custody of the same and to 13 make disbursement thereof in the manner provided in the said act, and for the 14 purposes therein specified. He shall also pay out any moneys appropriated by 15 the state of Idaho for the promotion ofvocational16 professional-technical education in accordance with the provisions of 17 sections 33-2201--through 33-2207 , Idaho 18 Code, and upon the order of the state board forvocational19 professional-technical education. 20 SECTION 11. That Section 33-2208, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 33-2208. EASTERN IDAHO TECHNICAL COLLEGE CREATED. There is hereby estab- 23 lished in Bonneville County, Idaho apost-secondarypost- 24 secondary technical college to be designated and known as the Eastern 25 Idaho Technical College, consisting of suchvocational and26 professional- technical training programs, including academic courses 27 necessarily included in such programs as the state board forvocational28professional-technical education may, from time to 29 time , authorize. 30 SECTION 12. That Section 33-2209, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 33-2209. COLLEGE IS BODY POLITIC AND CORPORATE -- SEAL -- POWER TO SUE 33 AND BE SUED. The Eastern Idaho Technical College is hereby declared to be a 34 body politic and corporate, with its own seal and having power to sue and be 35 sued in its own name. The general supervision, government and control of the 36 Eastern Idaho Technical College is vested in the state boardof voca-37tionalfor professional-technical education of the state 38 of Idaho. 39 SECTION 13. That Section 33-2210, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 33-2210. PROGRAMS AND COURSES OFFERED -- CERTIFICATES AND DEGREES. The 42 Eastern Idaho Technical College shall offer and give instruction in43vocational andprofessional- technical programs or courses 44 as approved by the state board forvocationalprofessional- 45 technical education. Such courses or programs may be given or conducted 46 on or off campus, or in night school, summer school, or by extension courses. 47 The state board forvocationalprofessional-technical 8 1 education shall grant certificates or associate of applied science 2 degrees for successful completion of courses or programs prescribed by the 3 college. 4 SECTION 14. That Section 33-2211, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 33-2211. POWERS OF STATE BOARD FORVOCATIONAL7 PROFESSIONAL-TECHNICAL EDUCATION. The state board forvocational8professional-technical education shall have the power: 9 1. To adopt rules for its own government and the government of the East- 10 ern Idaho Technical College; 11 2. To employ professional and nonprofessional persons and to prescribe 12 their qualifications; 13 3. To acquire and hold, and to dispose of, real and personal property, 14 and to construct, repair, remodel and remove buildings; 15 4. To contract for the acquisition, purchase or repair of buildings, in 16 the manner prescribed for trustees of school districts; 17 5. To dispose of real and personal property in the manner prescribed for 18 trustees of school districts; 19 6. To convey and transfer real property of the college upon which no 20 buildings used for instruction are situated, to nonprofit corporations, school 21 districts, community college housing commissions, counties or municipalities, 22 with or without consideration; to rent real or personal property for the use 23 of the college, its students or faculty, for such terms as may be determined 24 by the state board forvocationalprofessional-technical 25 education; and to lease real or personal property of the college not 26 actually in use for instructional purposes on such terms as may be determined 27 by the state board forvocationalprofessional-technical 28 education; 29 7. To acquire, hold, and dispose of, water rights; 30 8. To accept grants or gifts of money, materials, or property of any kind 31 from any governmental agency, or from any person, firm, or association, on 32 such terms as may be determined by the grantor; 33 9. To cooperate with any governmental agency, or any person, firm or 34 association in the conduct of any educational program; to accept grants from 35 any source for the conduct of such program, and to conduct such program on, or 36 off, campus; 37 10. To employ a president of the college and, with his advice, to appoint 38 such assistants, instructors, specialists and other employees as are required 39 for the operation of the college; to fix salaries and prescribe duties; and to 40 remove the president or any other employee for cause; 41 11. With the advice of the president, to prescribe the courses and pro- 42 grams of study, the requirements for admission, the time and standards for 43 completion of such courses and programs, and to grant certificates or associ- 44 ate of applied science degrees for those students entitled thereto; 45 12. To employ architects or engineers in planning the construction, remod- 46 eling or repair of any building or property and, whenever no other agency is 47 designated by law so to do, to let contracts for such construction, remodeling 48 or repair and to supervise the work thereof; 49 13. To have at all times, general supervision and control of all prop- 50 erty, real and personal, appertaining to the college, and to insure the same. 51 SECTION 15. That Section 33-2212, Idaho Code, be, and the same is hereby 52 amended to read as follows: 9 1 33-2212. CREATION OF ADVISORY COUNCIL -- MEMBERS -- COMPENSATION. The 2 state board forvocationalprofessional-technical 3 education may appoint an advisory council consisting of not less than twelve 4 (12) nor more than fifteen (15) persons to offer counsel and advice in the 5 organization, establishment and conduct of the Eastern Idaho Technical Col- 6 lege. Members of the council will serve without salary but shall be compen- 7 sated as provided by section 59-509(b), Idaho Code. Members of said council 8 shall be appointed from as nearly as is practicable the vocational area to be 9 served by the Eastern Idaho Technical College as determined by the state board 10 forvocationalprofessional-technical education. 11 SECTION 16. That Section 33-2303, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 33-2303. POWERS OF BOARD IN CARRYING OUT PROVISIONS. The board heretofore 14 designated as the state board forvocationalprofessional- 15 technical education is hereby designated as the state board for the 16 purpose of providing for the vocational rehabilitation of persons with dis- 17 abilities, other than those who are legally blind, and is empowered and 18 directed to cooperate in the administration of said act of Congress; to pre- 19 scribe and provide such courses of vocational services as may be necessary for 20 the vocational rehabilitation of persons with disabilities, other than those 21 who are legally blind, and provide for the supervision of such services; to 22 appoint such assistants as may be necessary to administer this act and said 23 act of Congress in this state; to fix the compensation of such assistants and 24 to direct the disbursement and administer the use of all funds provided by the 25 federal government and the state of Idaho for the vocational rehabilitation of 26 such persons. 27 SECTION 17. That Section 33-2306, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 33-2306. REPORT OF STATE BOARD. The state board forvocational30professional-technical education shall make annually to 31 the governor and legislature a report of all moneys expended for the voca- 32 tional rehabilitation of persons with disabilities, other than those who are 33 legally blind, both from state and federal funds, and shall include such 34 annual report in the annual report of the state board of education. 35 SECTION 18. That Section 33-2308, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 33-2308. ESTABLISHMENT OF VOCATIONAL REHABILITATION PROGRAM TO PROVIDE 38 TREATMENT TO PERSONS SUFFERING FROM CHRONIC RENAL DISEASES. The boardof39vocationalfor professional-technical education shall 40 establish a vocational rehabilitation program to provide treatment to persons 41 suffering from chronic renal diseases, including dialysis and other medical 42 procedures and techniques which will have a lifesaving effect in the care and 43 treatment of persons suffering from these diseases. The board shall extend 44 financial assistance to persons suffering from chronic renal diseases in 45 obtaining the medical, nursing, pharmaceutical, and technical services neces- 46 sary to care for such diseases, including the rental or purchase of home dial- 47 ysis equipment and supplies. The board shall establish standards for determin- 48 ing eligibility for care and treatment under this program in order that treat- 49 ment shall be provided to those who are financially unable to obtain such 10 1 treatment without causing severe economic imbalance in the family economic 2 unit. Such standards shall be established without reference to maximum or min- 3 imum income levels. 4 SECTION 19. That Section 33-4305, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 33-4305. PURPOSES. The purpose of this act is: (1) To establish a state 7 scholarship program for the most talented Idaho secondary school graduates who 8 will enroll in undergraduate nonreligious academic andvocational9 professional-technical programs in eligible postsecondary insti- 10 tutions in the state; and 11 (2) To designate the state board of education and the board of regents of 12 the University of Idaho as the administrative agency for the state scholarship 13 program. 14 SECTION 20. That Section 33-4306, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 33-4306. DEFINITIONS. As used in this act, unless the context otherwise 17 requires: 18 (1) "Eligible postsecondary institution" means an educational organiza- 19 tion within the state as follows: 20 (a) "Public postsecondary institution" means a public postsecondary orga- 21 nization governed or supervised by the state board of education, the board 22 of regents of the University of Idaho, a board of trustees of ajun-23iorcommunity college established pursuant to the pro- 24 visions of section 33-2106, Idaho Code, or the state boardof voca-25tionalfor professional-technical education. 26 (b) "Independent colleges and universities" means any educational organi- 27 zation which is operated privately and not for profit under the control of 28 an independent board and not directly controlled or administered by a pub- 29 lic or political subdivision. 30 (2) "Educational costs" means student costs for tuition, fees, room and 31 board, or expenses related to reasonable commuting, books and such other 32 expenses reasonably related to attendance at a postsecondary educational 33 institution. 34 (3) "Resident student" means an individual as defined in section 33-3717, 35 Idaho Code. 36 (4) "Full-time student" means an individual who is enrolled in and is 37 carrying a sufficient number of credit hours, or their equivalent; to secure 38 an individual's first degree, certificate, diploma, or less, toward which the 39 individual is working in no more than the number of semesters, or equivalent, 40 normally required by the postsecondary educational institution in the program 41 in which the individual is enrolled. 42 (5) "Undergraduate student" means an individual who is enrolled in a 43 postsecondary educational institution which leads to or is directly creditable 44 toward the individual's first baccalaureate degree, certificate, diploma, or 45 less; provided such baccalaureate degree, certificate, diploma or less program 46 requires at least six (6) months or equivalent of consecutive attendance. A 47 student engaged in a four (4) year baccalaureate program shall not be termi- 48 nated by having earned an intermediate degree, certificate, or diploma. 49 (6) "Enrollment" means the establishment and maintenance of an 50 individual's status as a student in a postsecondary educational institution, 51 regardless of the term used at the institution to describe such status. 11 1 (7) "Eligible student" means any graduate of an accredited secondary 2 school in the state of Idaho who declares his intention to matriculate in an 3 eligible postsecondary institution in the state of Idaho during the educa- 4 tional year immediately following such graduation. 5 (8) "Grant" means an award to an eligible student for matriculation in an 6 eligible postsecondary institution in the state of Idaho. 7 (9) "Educational year" means the period from July 1 of a year through 8 June 30 of the succeeding year. 9 (10) "Competitive examination" means standardized examination(s) measuring 10 achievement administered annually on a voluntary basis on a specified date and 11 at specified locations announced publicly. 12 (11) "High school record" means an individual's rank in his secondary 13 school class as certified by an official of such secondary school, and an 14 individual's secondary school deportment as evaluated by at least two (2) 15 officials of such secondary school. 16 SECTION 21. That Section 33-4603, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 33-4603. PURPOSES. The purposes of this chapter are: 19 (1) To establish a state scholarship program for talented "at-risk" per- 20 sons who will enroll in undergraduate academic andvocational21 professional-technical programs in postsecondary institutions in 22 the state; and 23 (2) To provide Idaho postsecondary institutions a tool to improve the 24 recruitment and graduation rates of Idaho residents who are at-risk persons as 25 defined in this chapter. 26 SECTION 22. That Section 33-4803, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 33-4803. DEFINITIONS. As used in this chapter: 29 (1) "Educational segments" are, individually, the public elementary and 30 secondary school system, the Idaho school for the deaf and blind, the31vocationalprofessional-technical education system, the 32 community colleges, and the four-year colleges and universities. 33 (2) "IPBS" means the Idaho public broadcasting service. 34 (3) "Instructional video service providers" means publicly and privately 35 funded television agencies that offer instructional video programming and ser- 36 vices without commercial advertising. 37 (4) "Libraries" means district, city, and school/community libraries as 38 described in chapters 26 and 27, title 33, Idaho Code. 39 (5) "Technology" means technology-based materials, equipment, systems, 40 and networks. 41 SECTION 23. That Section 39-4902, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 39-49025002 . DEFINITIONS. For purposes of this 44 chapter: 45 (a) "Displaced homemaker" means a person who: 46 (1) Has not worked in the labor force for a substantial number of years 47 but has, during those years, worked in the home providing household ser- 48 vices for family members without salary; 49 (2) Is unemployed or underemployed and is experiencing difficulty in 12 1 obtaining or upgrading employment; 2 (3) Has been dependent on the income of another family member but is no 3 longer supported by such income; has been dependent on federally funded 4 assistance but is no longer eligible for such assistance; or is supported 5 as the parent of minor children by government assistance or spousal sup- 6 port but whose children are within two (2) years of reaching their major- 7 ity, at which time such support will cease. 8 (b) "Administrator" means the administrator of thedepartment of9vocationaldivision of professional-technical education. 10 SECTION 24. That Section 39-5009, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 39-5009. DISPLACED HOMEMAKER ACCOUNT -- FEES ON FILING OF DIVORCE ACTION. 13 (1) There is hereby created in the state operating fund the displaced 14 homemaker account. All fees collected pursuant to subsection (2) of this sec- 15 tion shall be deposited in the account. All moneys in the account shall be 16 available for appropriation to the state board forvocational17 professional-technical education for the purposes of this chap- 18 ter. 19 (2) In addition to any other fees imposed for filing an action for 20 divorce in the district court, there shall be collected a fee of twenty dol- 21 lars ($20.00) for each divorce action. The clerk of the district court shall 22 remit such fees, separately identified, to the state treasurer for deposit in 23 the displaced homemaker account. Fees shall be remitted to the state treasurer 24 at the same time as other court fees are remitted. 25 SECTION 25. That Section 54-1007, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 54-1007. ISSUANCE OF LICENSES -- RECIPROCITY. (1) The administrator shall 28 issue licenses to such persons as have by examination shown themselves to be 29 fit, competent and qualified to engage in the trade of journeyman electrician, 30 or master journeyman electrician, and to such persons, firms, partnerships, 31 associations or corporations as have shown themselves to be fit, competent and 32 qualified to engage in the business of electrical contracting. Any person who 33 has worked as a journeyman electrician or as an apprentice electrician, as 34 herein defined, for a period of not less than four (4) years, shall be consid- 35 ered as qualified to apply for a journeyman electrician's license in this 36 state, provided that for each such year he is claiming to have worked as an 37 apprentice electrician, the apprentice registered with the division of build- 38 ing safety as an apprentice, paid an apprentice registration fee, and submit- 39 ted with his annual application for apprentice registration verification of 40 employment and hours worked. The electrical board may, by rule, fix the 41 apprentice registration fee, in an amount not to exceed the costs of issuing 42 apprentice registration certificates and enforcing the apprentice registration 43 provisions of this act, and may also by rule establish requirements relative 44 to the manner of verification of employment and hours worked. Before such 45 experience as an apprentice may be considered as qualifying the apprentice to 46 take the journeyman's examination, the apprentice must also complete the 47 required related instruction for electrical apprentices as approved by the 48 Idaho state board forvocationalprofessional-technical 49 education. Any person who has worked in this state for a period of not 50 less than two (2) years as a journeyman electrician shall be considered as 51 qualified to apply for a master journeyman electrician's license in this 13 1 state. 2 (2) To the extent that other states which provide for the licensing of 3 electricians provide for similar action, the administrator, on the recommenda- 4 tion of the Idaho electrical board, may grant licenses to electricians 5 licensed by such other states, upon payment by the applicant of the required 6 fee and upon furnishing proof to the board that the applicant has qualifica- 7 tions at least equal to those provided herein for applicants for written exam- 8 inations. Applicants who qualify for a license under this subsection are not 9 required to take a written examination. 10 SECTION 26. That Section 67-3521, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 67-3521. ENCUMBERING APPROPRIATIONS OR EXCESSIVE EXPENDITURES FORBIDDEN 13 -- ENCUMBRANCES TO REVERT -- APPROVAL. (1) No officer, department, bureau or 14 institution, shall encumber any appropriations or be allowed to make any 15 expenditures from appropriations in excess of the spending authority provided 16 by this act. 17 (2) Encumbrances shall be reported as reductions against appropriations 18 in anticipation of an object coded expenditure, shall be made only for a 19 legally contracted obligation or for the accrued cost of a specific product or 20 service due and payable prior to or as of the end of the current fiscal year 21 or for the term of the contract obligation, and shall not be used as a means 22 of reserving a portion of the appropriation of one (1) fiscal year to be used 23 in combination with the appropriation of the following year. Requests for 24 encumbrances shall be accompanied by proper identification of the accrued cost 25 which must be adequately covered by appropriated funds from the current fiscal 26 year. 27 (3) Encumbrances not liquidated by payment of the accrued cost during the 28 succeeding fiscal year shall revert to the fund from which encumbered, unless 29 approved for extension by the administrator of the division of financial man- 30 agement. 31 (4) Requests for encumbrances must have the approval of the administrator 32 of the division of financial management. 33 (5) Notwithstanding any of the above, all purchase orders issued by the 34 state purchasing agent, or purchase orders issued pursuant to a delegation of 35 purchasing authority to specified state officers and employees, shall be 36 encumbered, and such encumbrance shall not require the approval of the admin- 37 istrator of the division of financial management. 38 (6) When purchase requisitions are submitted by agencies prior to the 39 state purchasing agent's fiscal year-end cutoff date, but not processed either 40 due to workload or bid requirements, agencies may submit a request for encum- 41 brance to the administrator of the division of financial management. 42 (7) The provisions of this section shall not apply to encumbrances 43 involving vocational educational or professional-technical reim- 44 bursements to educational institutions or to encumbrances involving contracts 45 for the construction of highways, bridges, buildings or other primary struc- 46 tures or capital improvements. 47 SECTION 27. That Section 67-5303, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 67-5303. APPLICATION TO STATE EMPLOYEES. All departments of the state of 50 Idaho and all employees in such departments, except those employees specifi- 51 cally defined as nonclassified, shall be classified employees, who are subject 14 1 to this act and to the system of personnel administration which it prescribes. 2 Nonclassified employees shall be: 3 (a) Members of the state legislature and all other officers of the state 4 of Idaho elected by popular vote, and persons appointed to fill vacancies in 5 elective offices, and employees of the state legislature. 6 (b) Members of statutory boards and commissions and heads of departments 7 appointed by and serving at the pleasure of the governor, deputy directors 8 appointed by the director and members of advisory boards and councils 9 appointed by the departments. 10 (c) All employees and officers in the office, and at the residence, of 11 the governor; and all employees and officers in the offices of the lieutenant 12 governor, secretary of state, attorney general, state treasurer, state con- 13 troller, and state superintendent of public instruction who are appointed on 14 and after the effective date of this act. 15 (d) Except as otherwise provided by law, not more than one (1) declared 16 position for each board or commission and/or head of a participating depart- 17 ment in addition to those declared to be nonclassified by other provisions of 18 law. 19 (e) Part-time professional consultants who are paid on a fee basis for 20 any form of legal, medical or other professional service, and who are not 21 engaged in the performance of administrative duties for the state. 22 (f) Judges, temporary referees, receivers and jurors. 23 (g) All employees of the Idaho supreme court and district courts. 24 (h) All employees of the Idaho state bar. 25 (i) Assistant attorneys general attached to the office of the attorney 26 general. 27 (j) Officers, members of the teaching staffs of state educational insti- 28 tutions, the professional staff of the Idaho department of education adminis- 29 tered by the board of regents and the board of education, and the professional 30 staffs of the Idahodepartmentdivision of31vocationalprofessional-technical education and vocational 32 rehabilitation administered by the state board forvocational33 professional-technical education. "Teaching staff" includes 34 teachers, coaches, resident directors, librarians and those principally 35 engaged in academic research. The word "officer" means presidents, vice presi- 36 dents, deans, directors, or employees in positions designated by the state 37 board who receive an annual salary of not less than step "A" of the pay grade 38 equivalent to three hundred fifty-five (355) Hay points in the state compensa- 39 tion schedule. A nonclassified employee who is designated as an "officer" on 40 July 5, 1991, but does not meet the requirements of this subsection, may make 41 a one (1) time irrevocable election to remain nonclassified. Such an election 42 must be made not later than August 2, 1991. When such positions become vacant, 43 these positions will be reviewed and designated as either classified or non- 44 classified in accordance with this subsection. 45 (k) Employees of the military division. 46 (l) Patients, inmates or students employed in a state institution. 47 (m) Persons employed in positions established under federal grants, 48 which, by law, restrict employment eligibility to specific individuals or 49 groups on the basis of nonmerit selection requirements. Such employees shall 50 be termed "project exempt" and the tenure of their employment shall be limited 51 to the length of the project grant, or twenty-four (24) months, or four thou- 52 sand one hundred sixty (4,160) hours of credited state service, whichever is 53 of the shortest duration. No person hired on a project-exempt appointment 54 shall be employed in any position allocated to the classified service. 55 (n) Temporary employees. 15 1 (o) All employees and officers of the following named commodity commis- 2 sions, and all employees and officers of any commodity commission created 3 hereafter: the Idaho potato commission, as provided in chapter 12, title 22, 4 Idaho Code; the Idaho honey advertising commission, as provided in chapter 28, 5 title 22, Idaho Code; the Idaho bean commission, as provided in chapter 29, 6 title 22, Idaho Code; the Idaho prune commission, as provided in chapter 30, 7 title 22, Idaho Code; the Idaho hop grower's commission, as provided in chap- 8 ter 31, title 22, Idaho Code; the Idaho wheat commission, as provided in chap- 9 ter 33, title 22, Idaho Code; the Idaho pea and lentil commission, as provided 10 in chapter 35, title 22, Idaho Code; the Idaho apple commission, as provided 11 in chapter 36, title 22, Idaho Code; the Idaho cherry commission, as provided 12 in chapter 37, title 22, Idaho Code; the Idaho mint grower's commission, as 13 provided in chapter 38, title 22, Idaho Code; the state board of sheep commis- 14 sioners, as provided in chapter 1, title 25, Idaho Code; the state brand 15 board, as provided in chapter 11, title 25, Idaho Code; the Idaho beef coun- 16 cil, as provided in chapter 29, title 25, Idaho Code; and the Idaho dairy 17 products commission, as provided in chapter 31, title 25, Idaho Code. 18 (p) All inspectors of the fresh fruit and vegetable inspection service of 19 the Idaho department of agriculture, except those positions involved in the 20 management of the program. 21 (q) All employees of the division of correctional industries within the 22 department of correction. 23 (r) All wardens employed by the department of correction. 24 (s) All public information positions with the exception of secretarial 25 positions, in any department. 26 (t) Any division administrator. 27 (u) Any regional administrator or assistant administrator in the division 28 of environmental protection in the department of health and welfare. 29 (v) All employees of the division of financial management. 30 (w) All employees of the Idaho food quality assurance institute. 31 (x) The state appellate public defender, deputy state appellate public 32 defenders and all other employees of the office of the state appellate public 33 defender. 34 SECTION 28. That Section 72-517, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 72-517. COOPERATION WITH OTHER AGENCIES. The commission shall have the 37 authority to enter into cooperative agreements with the director of the 38 department of labor, the administrator of the division of building safety, the 39 director of the department of health and welfare, state board of education, 40 state boardof vocationalfor professional-technical 41 education, state nuclear energy commission, and with other state agencies and 42 with their successors, and with federal and private agencies, and to cooperate 43 with programs sponsored by all such agencies to facilitate the carrying out of 44 the purposes of this law. 45 SECTION 29. That Section 33-107B, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 33-107B. BOARD MAY ESTABLISH AN OPTIONAL RETIREMENT PROGRAM FOR COMMUNITY 48 COLLEGES AND POSTSECONDARYVOCATIONALPROFESSIONAL- 49 TECHNICAL EDUCATION INSTITUTIONS. (1) The state board of education may 50 establish an optional retirement program under which contracts providing 51 retirement and death benefits may be purchased for members of the teaching 16 1 staff and officers of community colleges and postsecondaryvocational2professional-technical education institutions, including 3 north Idaho college, college of southern Idaho and eastern Idaho technical 4 college, hired on or after July 1, 1997; provided however, that no such 5 employee shall be eligible to participate in an optional retirement program 6 unless he would otherwise be eligible for membership in the public employee 7 retirement system of Idaho. The benefits to be provided for or on behalf of 8 participants in an optional retirement program shall be provided through annu- 9 ity contracts or certificates, fixed or variable in nature, or a combination 10 thereof, whose benefits are owned by the participants in the program. 11 (2) The state board of education is hereby authorized to provide for the 12 administration of the optional retirement program and to perform or authorize 13 the performance of such functions as may be necessary for such purposes. The 14 board shall designate the company or companies from which contracts are to be 15 purchased under the optional retirement program and shall approve the form and 16 contents of such contracts. In making the designation and giving approval, 17 the board shall consider: 18 (a) The nature and extent of the rights and benefits to be provided by 19 such contracts for participants and their beneficiaries; 20 (b) The relation of such rights and benefits to the amount of contribu- 21 tions to be made; 22 (c) The suitability of such rights and benefits to the needs of the par- 23 ticipants and the interests of the institutions in the recruitment and 24 retention of staff members; and 25 (d) The ability of the designated company to provide such suitable rights 26 and benefits under such contracts. 27 (3) Elections to participate in an optional retirement program shall be 28 as follows: 29 (a) Eligible employees are the teaching staff and officers initially 30 appointed or hired on or after the effective date of this chapter. All 31 eligible employees, except those who are vested members of the public 32 employee retirement system of Idaho, shall participate in the optional 33 retirement program. 34 (b) Eligible employees who are vested members of the public employee 35 retirement system of Idaho may make a one (1) time irrevocable election to 36 transfer to the optional retirement program. The election shall be made in 37 writing and within sixty (60) days of the date of initial hire or appoint- 38 ment, or one hundred fifty (150) days after the effective date of this 39 chapter, whichever occurs later. The election shall be filed with the 40 administrative officer of the employing institution. The election shall 41 be effective not later than the first day of the second pay period follow- 42 ing the date of the election. 43 (c) Teaching staff and officers employed by the institution the day 44 before the effective date of this chapter may make a one (1) time irrevo- 45 cable election to participate in the optional retirement program. The 46 election shall be made in writing and within one hundred fifty (150) days 47 after the effective date of this chapter. The election shall be filed with 48 the administrative officer of the employing institution. The election 49 shall be effective not later than the first day of the second pay period 50 following the date of the election. 51 (d) The accumulated contributions of employees who make the one (1) time 52 irrevocable election or are required to participate in the optional 53 retirement program may be transferred by the public employee retirement 54 system of Idaho to such qualified plan, maintained under the optional 55 retirement program, as designated in writing by the employee. 17 1 (e) An election by an eligible employee of the optional retirement pro- 2 gram shall be irrevocable and shall be accompanied by an appropriate 3 application, where required, for issuance of a contract or contracts under 4 the program. 5 (4) (a) Each institution shall contribute on behalf of each participant 6 in its optional retirement program the following: 7 (i) To the designated company or companies, an amount equal to 8 seven and eighty-one hundredths percent (7.81%) of each participant's 9 salary, reduced by any amount necessary, if any, to provide contribu- 10 tions to a total disability program provided either by the state or 11 by a private insurance carrier licensed and authorized to provide 12 such benefits, or any combination thereof, but in no event less than 13 five percent (5%) of each participant's salary; and 14 (ii) To the public employee retirement system, an amount equal to 15 three and eighty-three hundredths percent (3.83%) of salaries of mem- 16 bers who are participants in the optional retirement program. This 17 amount shall be paid until July 1, 2011 and is in lieu of amortiza- 18 tion payments and withdrawal contributions required pursuant to chap- 19 ter 13, title 59, Idaho Code. 20 (b) For the purposes of section 59-1322, Idaho Code, the term "projected 21 salaries" shall include the sum of the annual salaries of all participants 22 in the optional retirement program established pursuant to this section. 23 (c) Each participant shall contribute an amount equal to six and ninety- 24 seven hundredths percent (6.97%). Employee contributions may be made by 25 employer pick-up pursuant to section 59-1332, Idaho Code. 26 (5) Any person participating in the optional retirement program shall be 27 ineligible for membership in the public employee retirement system of Idaho so 28 long as he remains continuously employed in any teaching staff position or as 29 an officer with any of the institutions under the jurisdiction of the state 30 board of education. 31 (6) A retirement, death or other benefit shall not be paid by the state 32 of Idaho or the state board of education for services credited under the 33 optional retirement program. Such benefits are payable to participants or 34 their beneficiaries only by the designated company or companies in accordance 35 with the terms of the contracts. 36 SECTION 30. That Section 33-1002, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 33-1002. EDUCATIONAL SUPPORT PROGRAM. The educational support program is 39 calculated as follows: 40 1. State Educational Support Funds. Add the state appropriation, includ- 41 ing the moneys available in the public school income fund, together with all 42 miscellaneous revenues to determine the total state funds. 43 2. From the total state funds subtract the following amounts needed for 44 state support of special programs provided by a school district: 45 a. Pupil tuition-equivalency allowances as provided in section 33-1002B, 46 Idaho Code; 47 b. Transportation support program as provided in section 33-1006, Idaho 48 Code; 49 c. Feasibility studies allowance as provided in section 33-1007A, Idaho 50 Code; 51 d. The approved costs for border district allowance, provided in section 52 33-1403, Idaho Code, as determined by the state superintendent of public 53 instruction; 18 1 e. The approved costs for exceptional child approved contract allowance, 2 provided in subsection 2. of section 33-2004, Idaho Code, as determined by 3 the state superintendent of public instruction; 4 f. Certain expectant and delivered mothers allowance as provided in sec- 5 tion 33-2006, Idaho Code; 6 g. Salary based apportionment calculated as provided in sections 33-1004 7 through 33-1004F, Idaho Code; 8 h. Unemployment insurance benefit payments according to the provisions of 9 section 72-1349A, Idaho Code; 10 i. For programs to provide basic curricula necessary to enable students 11 to enter academic orvocationalprofessional-technical 12 postsecondary education programs, an allocation of $300 per support 13 unit for the 1994-95 school year only; 14 j. For provision of teacher supplies to facilitate classroom instruction, 15 an allocation of $200 per support unit for the 1994-95 school year only; 16 k. For expenditure as provided by the public school technology program, 17 $10,400,000 for the 1994-95 school year; 18 l. For additional school innovation pilot project grants based on recom- 19 mendations of the Idaho school reform committee, $2,000,000 for the 20 1994-95 school year; and 21 m. For the support of provisions that provide a safe environment condu- 22 cive to student learning and maintain classroom discipline, an allocation 23 of $300 per support unit; 24 n. Any additional amounts as required by statute to effect administrative 25 adjustments or as specifically required by the provisions of any bill of 26 appropriation; 27 to secure the state educational support funds. 28 3. Local Districts' Contribution Calculation. Without including any 29 allowance as a credit for prepaid taxes as provided by section 63-1607, Idaho 30 Code, the local districts' contribution shall be four-tenths percent (.4%) 31 during fiscal year 1994-95 and each year thereafter, of the total state 32 adjusted market value for assessment purposes for the previous year with such 33 value being determined by the provisions of section 63-315, Idaho Code, and 34 four-tenths percent (.4%) during fiscal year 1994-95 and each year thereafter, 35 of the cooperative electrical associations' property values that have been 36 derived from the taxes paid in lieu of ad valorem taxes for the previous year 37 as provided in section 63-3502, Idaho Code. 38 4. Educational Support Program Distribution Funds. Add the local dis- 39 tricts' contribution, subsection 3. of this section, and the state educational 40 support program funds, subsection 1. of this section, together to secure the 41 total educational support program distribution funds. 42 5. Average Daily Attendance. The total state average daily attendance 43 shall be the sum of the average daily attendance of all of the school dis- 44 tricts of the state. The state board of education shall establish rules set- 45 ting forth the procedure to determine average daily attendance and the time 46 for, and method of, submission of such report. Average daily attendance calcu- 47 lation shall be carried out to the nearest hundredth. Computation of average 48 daily attendance shall also be governed by the provisions of section 33-1003A, 49 Idaho Code. 50 6. Support Units. The total state support units shall be determined by 51 using the tables set out hereafter called computation of kindergarten support 52 units, computation of elementary support units, computation of secondary sup- 53 port units, computation of exceptional education support units, and computa- 54 tion of alternative school secondary support units. The sum of all of the 55 total support units of all school districts of the state shall be the total 19 1 state support units. 2 COMPUTATION OF KINDERGARTEN SUPPORT UNITS 3 Average Daily 4 Attendance Attendance Divisor Units Allowed 5 41 or more .... 40....................... 1 or more as computed 6 31 - 40.99 ADA.... -....................... 1 7 26 - 30.99 ADA.... -....................... .85 8 21 - 25.99 ADA.... -....................... .75 9 16 - 20.99 ADA.... -....................... .6 10 8 - 15.99 ADA.... -....................... .5 11 1 - 7.99 ADA.... -....................... count as elementary 12 COMPUTATION OF ELEMENTARY SUPPORT UNITS 13 Average Daily 14 Attendance Attendance Divisor Minimum Units Allowed 15 300 or more ADA........................................ 15 16 ..23...grades 4,5 & 6.... 17 ..22...grades 1,2 & 3....1994-95 18 ..21...grades 1,2 & 3....1995-96 19 ..20...grades 1,2 & 3....1996-97 20 and each year thereafter. 21 160 to 299.99 ADA... 20..................... 8.4 22 110 to 159.99 ADA... 19..................... 6.8 23 71.1 to 109.99 ADA... 16..................... 4.7 24 51.7 to 71.0 ADA... 15..................... 4.0 25 33.6 to 51.6 ADA... 13..................... 2.8 26 16.6 to 33.5 ADA... 12..................... 1.4 27 1.0 to 16.5 ADA... n/a.................... 1.0 28 COMPUTATION OF SECONDARY SUPPORT UNITS 29 Average Daily 30 Attendance Attendance Divisor Minimum Units Allowed 31 750 or more .... 18.5..................... 47 32 400 - 749.99 ADA.... 16....................... 28 33 300 - 399.99 ADA.... 14.5..................... 22 34 200 - 299.99 ADA.... 13.5..................... 17 35 100 - 199.99 ADA.... 12....................... 9 36 99.99 or fewer Units allowed as follows: 37 Grades 7-12 ......................... 8 38 Grades 9-12 ......................... 6 39 Grades 7- 9 ......................... 1 per 14 ADA 40 Grades 7- 8 ......................... 1 per 16 ADA 41 COMPUTATION OF EXCEPTIONAL EDUCATION SUPPORT UNITS 42 Average Daily 43 Attendance Attendance Divisor Minimum Units Allowed 44 14 or more .... 14.5..................... 1 or more as computed 45 12 - 13.99.... -....................... 1 46 8 - 11.99.... -....................... .75 47 4 - 7.99.... -....................... .5 48 1 - 3.99.... -....................... .25 49 COMPUTATION OF ALTERNATIVE SCHOOL SECONDARY SUPPORT UNITS 50 Pupils in Attendance Attendance Divisor Minimum Units Allowed 51 12 or more.......... 12...................... 1 or more as computed 20 1 In applying these tables to any given separate attendance unit, no school 2 district shall receive less total money than it would receive if it had a 3 lesser average daily attendance in such separate attendance unit. In applying 4 the kindergarten table to a kindergarten program of less days than a full 5 school year, the support unit allowance shall be in ratio to the number of 6 days of a full school year. The tables for exceptional education and alterna- 7 tive school secondary support units shall be applicable only for programs 8 approved by the state department of education following rules established by 9 the state board of education. Moneys generated from computation of support 10 units for alternative schools shall be utilized for alternative school pro- 11 grams. School district administrative and facility costs may be included as 12 part of the alternative school expenditures. 13 7. State Distribution Factor per Support Unit. Divide educational support 14 program distribution funds, after subtracting the amounts necessary to pay the 15 obligations specified in subsection 2. of this section, by the total state 16 support units to secure the state distribution factor per support unit. 17 8. District Share of State Funds for Educational Support Program. Ascer- 18 tain a district's share of state funds for the educational support program as 19 follows: 20 a. District Contribution Calculation. Without including any allowance as 21 a credit for prepaid taxes, as provided in section 63-1607, Idaho Code, 22 the district contribution calculation shall be the rate determined under 23 subsection 3. of this section. 24 b. District Support Units. The number of support units for each school 25 district in the state shall be determined as follows: 26 (1) Divide the actual average daily attendance, excluding students 27 approved for inclusion in the exceptional child educational program, 28 for the administrative schools and each of the separate schools by 29 the appropriate divisor from the tables of support units in this sec- 30 tion, then add the quotients to obtain the district's support units 31 allowance for regular students, kindergarten through grade 12 includ- 32 ing alternative school secondary students. Calculations in applica- 33 tion of this subsection shall be carried out to the nearest tenth. 34 (2) Divide the combined totals of the average daily attendance of 35 all preschool, handicapped, kindergarten, elementary, secondary and 36 juvenile detention center students approved for inclusion in the 37 exceptional child program of the district by the appropriate divisor 38 from the table for computation of exceptional education support units 39 to obtain the number of support units allowed for the district's 40 approved exceptional child program. Calculations for this subsection 41 shall be carried out to the nearest tenth when more than one (1) unit 42 is allowed. 43 (3) The total number of support units of the district shall be the 44 sum of the total support units for regular students, subsection 45 8.b.(1) of this section, and the support units allowance for the 46 approved exceptional child program, subsection 8.b.(2) of this sec- 47 tion. 48 c. Total District Allowance Educational Program. Multiply the district's 49 total number of support units, carried out to the nearest tenth, by the 50 state distribution factor per support unit and to this product add the 51 approved amount of programs of the district provided in subsection 2. of 52 this section to secure the district's total allowance for the educational 53 support program. 54 d. District Share. To secure the district's share of state apportionment, 55 subtract the amount of the local district contribution calculation, sub- 21 1 section 3. of this section, from the amount of the total district allow- 2 ance, subsection 8.c. of this section. 3 e. Adjustment of District Share. The contract salary of every noncertifi- 4 cated teacher shall be subtracted from the district's share as calculated 5 from the provisions of subsection 8.d. of this section. 6 SECTION 31. That Section 33-2110, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 33-2110. TUITION. (1) All students of a community college shall pay 9 tuition that shall be fixed annually by the board of trustees not later than 10 the 1st day of August of each year. The tuition for full-time students taking 11 normal academic courses provided by the college, who are residents of the dis- 12 trict, shall be fixed at not less than three hundred fifty dollars ($350) per 13 annum, and may be increased by increments of not more than fifty dollars 14 ($50.00) per annum to a maximum tuition of nine hundred fifty dollars ($950) 15 per annum. For all other students taking such courses the tuition shall be, as 16 nearly as is practicable, the annual costs of all elements of providing the 17 courses of instruction, including interest on general obligation bonds, teach- 18 ing, administration, maintenance, operation and depreciation of equipment and 19 buildings, supplies and fuel, and other ordinary and necessary expenses of 20 operation incurred in providing courses by the community college, provided 21 that the tuition of students residing outside the district but within the 22 county or counties wherein the district is located shall be fixed after taking 23 into account moneys received by the community college district from any funds 24 allocated to the community college from the educational funds of the state of 25 Idaho, other than allocations forvocationalprofessional- 26 technical education; and provided that the tuition of students residing 27 outside the district and the county but within the state of Idaho shall be 28 fixed after taking into account moneys received from educational funds other 29 thanvocationalprofessional-technical moneys, as 30 referred to in this chapter, from the state of Idaho. Receipt of moneys, as 31 hereinbefore provided in this section, shall be based upon the receipts from 32 the sources referred to during the fiscal year preceding the fixing of the 33 tuition. A student in a community college shall not be deemed a resident of 34 the district or of the county or of the state of Idaho, unless that student is 35 deemed a resident as defined by section 33-2110B, Idaho Code, for the dis- 36 trict, county or state prior to the date of his first enrollment in the commu- 37 nity college, and no student who was not a resident of the district, county or 38 state shall gain residence while attending and enrolled in the community col- 39 lege. The residence of a minor shall be deemed to be the residence of his par- 40 ents or parent or guardian. Tuition shall be payable in advance, but the board 41 may, in its discretion, permit tuition to be paid in instalments. 42 (2) The board of trustees shall also fix fees for laboratory and other 43 special services provided by the community college and for special courses, 44 including, but not limited to, night school, off-campus courses, summer 45 school,vocationalprofessional-technical courses, 46 as otherwise provided in this chapter, and other special instruction provided 47 by the community college and nothing in this chapter shall be deemed to con- 48 trol the amount of tuition for special courses or fees for special services, 49 as herein provided, but the same shall be, as nearly as reasonable, sufficient 50 to cover the cost of all elements of providing courses as above defined. 51 (3) In this chapter unless the context requires otherwise, the following 52 definitions shall be uniformly applied. The application of these definitions 53 shall be retroactive and prospective. 22 1 (a) "Fees" shall include all charges imposed by the governing body, to 2 students, as a whole or individually, in excess of tuition. Student fees 3 may be imposed for special courses, instruction, and service: 4 (i) "Special course or instruction fee" means those fees charged for 5 any class or educational endeavor which shall have unique costs 6 beyond a traditional college lecture class; for example, foreign lan- 7 guage audio or visual instruction, specialized musical instruction, 8 computer class, art class involving supplies or audiovisual equip- 9 ment,vocationalprofessional-technical 10 instruction, laboratory class, remedial instruction, team teaching, 11 satellite transmissions, outside instructor, professionally assisted 12 instruction, etc. 13 (ii) "Special service fee" means those fees charged for activity, 14 benefit, or assistance offered to students which is beyond tradi- 15 tional classroom instruction; for example, student government sup- 16 port, providing of student health staff or facilities, student union 17 support, intramural and intercollegiate athletics, recreational 18 opportunities, financial aid services, graduation expense, automobile 19 parking, student yearbook/publication, insurance, registration, 20 noncapital library user fee, etc. 21 Fees shall not be imposed for any capital improvements except as specifi- 22 cally authorized in chapter 21, title 33, Idaho Code. 23 (b) "Tuition" shall mean a sum charged students for cost of college 24 instruction and shall include costs associated with maintenance and opera- 25 tion of physical plant, student services and institutional support. 26 SECTION 32. That Section 33-2401, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 33-2401. DEFINITIONS. For the purposes of chapter 24, title 33, Idaho 29 Code, the following words have the following meanings: 30 (1) "Accredited" means that a school has been recognized or approved as 31 meeting the standards established by an accrediting agency recognized by the 32 board or the United States department of education. 33 (2) "Agent" means any individual who solicits students for courses in 34 Idaho. 35 (3) "Agent's permit" means a nontransferable written document issued to 36 an agent by the board. 37 (4) "Board" means the state board of education. 38 (5) "Course of study" means either a single course or a set of related 39 courses for which a student enrolls. 40 (6) "Degree" means any academic, vocational , professional-technical 41 or honorary title or designation, mark, appellation, series of letters, 42 numbers or words such as, but not limited to, "bachelor's," "master's," 43 "doctorate," or "fellow," which signifies, purports, or is generally taken to 44 signify satisfactory completion of the requirements of an academic, 45 vocational , professional-technical , educational or professional 46 program of study beyond the secondary school level or for a recognized title 47 conferred for meritorious recognition and an associate of arts or associate of 48 science degree awarded by a community college or other institution which may 49 be used for any purpose whatsoever. 50 The state of Idaho recognizes and confirms the authority of any board of 51 directors, board of trustees or comparable authority of an accredited school 52 to confer degrees consistent with the requirements specified by the accredit- 53 ing agency of the school. 23 1 (7) "Person" means any individual or other legal entity conducting 2 courses. 3 (8) "Principal" means any person conducting courses. 4 (9) "Proprietary school" referred to as "school" means any postsecondary 5 or vocational or professional-technical educational school oper- 6 ated for a profit, or on a nonprofit basis, which maintains a place of busi- 7 ness within the state of Idaho or solicits business within the state of Idaho 8 offering degrees, career or job training programs and which is not specifi- 9 cally exempted by the provisions of this chapter. 10 (10) "Registrant" means a person or principal who has been issued a cer- 11 tificate authorizing the conduct of courses. 12 (11) "Student" means an Idaho resident enrolled in a proprietary school. 13 SECTION 33. That Section 33-3002, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 33-3002. PURPOSES OF IDAHO STATE UNIVERSITY. Idaho State University shall 16 be a comprehensive institution of higher education giving instruction in 17 undergraduate, professional and graduate education, as approved by the board 18 of trustees. 19 Courses of instruction in the college of pharmacy shall be such as shall 20 meet the standard requirements as are now, or hereafter may be, recommended by 21 the recognized accrediting agency for schools or colleges of pharmacy, and the 22 usual degrees shall be granted for completion of courses in pharmacy. 23 The board of trustees may establishvocational24 professional-technical and other courses or programs, as it may deem 25 necessary, and such courses or programs may be given or conducted on or off 26 campus, or in night schools, summer schools, or by extension courses. 27 SECTION 34. That Section 33-3101, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 33-3101. ESTABLISHMENT OF SCHOOL. An institute of higher education for 30 the state of Idaho is hereby established in the city of Lewiston, in the 31 county of Nez Perce, to be called the Lewis-Clark State College, heretofore 32 called the Lewis-Clark Normal School, the purposes of which shall be the 33 offering and the giving of instruction in four (4) year college courses in 34 science, arts and literature, and such courses or programs as are usually 35 included in liberal arts colleges leading to the granting of the degree of 36 Bachelor, upon completion of such courses or programs as have been approved by 37 the state board of education. 38 The board of trustees may also establish educational,vocational,39professional- technical and other courses or programs of 40 less than four (4) years, as it may deem necessary, and such courses or pro- 41 grams may be given or conducted on or off campus, or in night school, summer 42 schools, or by extension courses. 43 SECTION 35. That Section 33-4001, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 33-4001. BOISE STATE UNIVERSITY ESTABLISHED -- STANDARDS --VOCA-46TIONALPROFESSIONAL-TECHNICAL PROGRAMS. The college now 47 known as Boise state college and previously operated and conducted by Boise 48 community college district in Ada County, Idaho, known as Boisejunior49college, shall be established in the city of Boise, Idaho, as an insti- 24 1 tution of higher education of the state of Idaho, for the purpose of giving 2 instruction in college courses in sciences, arts and literature, professional, 3 technical and other courses of higher education, such courses being those that 4 are usually included in colleges and universities leading to the granting of 5 appropriate collegiate degrees, said college to be known as Boise State Uni- 6 versity. The standards of the courses and departments maintained in said uni- 7 versity shall be at least equal to, or on a parity with those maintained in 8 other similar colleges and universities in Idaho and other states. All pro- 9 grams in thevocationalprofessional-technical 10 departments, including terminal programs now established and maintained, may 11 be continued and such additionalvocationalprofessional- 12 technical and terminal programs may be added as the needs of the 13 students attending suchcollegeuniversity taking 14vocationalprofessional-technical and terminal pro- 15 grams shall warrant, and the appropriate certificate for completion thereof 16 shall be granted. The courses offered and degrees granted at said university 17 shall be determined by the board of trustees. 18 SECTION 36. That Section 33-4302, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 33-4302. SCHOLARSHIPS -- STATE AID. Children of any Idaho citizen who is 21 a resident of the state of Idaho on or after the effective date of this act 22 and who has been determined by the federal government to be a prisoner of war 23 or missing in action or died of injuries or wounds sustained in action in 24 southeast Asia, including Korea, or who shall become so hereafter, in any area 25 of armed conflict in which the United States is a party, shall be admitted to 26 attend any public institution of higher education or publicvocational27professional -technical school within the state of Idaho 28 without the necessity of paying tuition and fees therefor; that such student 29 shall be provided with books, equipment and supplies necessary for pursuit of 30 such program of enrollment not to exceed two hundred dollars ($200) per quar- 31 ter, semester, intensified semester, or like educational period; that such 32 student shall be furnished on-campus housing and subsistence not to exceed two 33 hundred dollars ($200) for each month he is enrolled under this program; pro- 34 vided, however, that such educational benefits shall not exceed a total of 35 thirty-six (36) months or four (4) nine (9) month periods; provided further, 36 that such child shall meet such other educational qualifications as such 37 institution of higher education orvocationalprofessional 38 -technical school has established for other prospective students of this 39 state. 40 Affected institutions shall in their preparation of future budgets include 41 therein costs resultant from such tuition, fee, book, equipment, supply, hous- 42 ing and subsistence loss for reimbursement thereof from appropriations of 43 state funds. 44 Applicants for the scholarship program herein prescribed shall provide 45 institutional administrative personnel with documentation of their rights 46 under this act. 47 SECTION 37. That Section 33-4302A, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 33-4302A. SCHOLARSHIPS -- STATE AID. Any dependent of a full-time peace 50 officer or firefighter employed in Idaho, which officer or firefighter is a 51 resident of the state of Idaho and which officer or firefighter is killed or 25 1 disabled in the line of duty shall be admitted to attend any public institu- 2 tion of higher education or publicvocationalprofessional 3 -technical school within the state of Idaho without the necessity of 4 paying tuition and fees in an amount not to exceed eight hundred dollars 5 ($800) and shall be provided with books, equipment and supplies necessary for 6 pursuit of their program of enrollment not to exceed three hundred dollars 7 ($300), per quarter, semester, intensified semester, or like education period. 8 The dependent shall be required to meet the educational qualifications as such 9 institution of higher education orvocationalprofessional 10 -technical school as established for other prospective students of this 11 state. 12 Affected institutions shall, in their preparation of future budgets, 13 include therein costs resulting from such tuition, fees, books, equipment and 14 supplies for reimbursement thereof from appropriation of state funds. 15 For the purposes of this section, a peace officer or firefighter, employed 16 in Idaho, is considered disabled if he or she is unable to perform with rea- 17 sonable continuity the material duties of any gainful occupation for which he 18 or she is reasonably fitted by education, training and experience. 19 SECTION 38. That Section 33-4403, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 33-4403. DEFINITIONS. As used in this chapter: 22 (1) "Accredited institution of higher education" means any public or pri- 23 vate university, college, or community college in Idaho accredited by the 24 northwest association of schools and colleges, or any publicvocational25professional -technical school operated by the state of 26 Idaho or any political subdivision thereof; provided, that no institution of 27 higher education shall be eligible to participate in the program unless it 28 agrees to and complies with program rules and regulations adopted by the board 29 pursuant to chapter 52, title 67, Idaho Code; provided, further, that private 30 accredited institutions of higher education which are controlled by sectarian 31 organizations, and students attending such institutions, may participate only 32 in the educational need, off-campus work experience portion of this program 33 and such off-campus employment may not be located at, or be performed on 34 behalf of, a sectarian or religious establishment. 35 (2) "Board" means the state board of education. 36 (3) "Program" means the Idaho work study program established pursuant to 37 this chapter. 38 (4) "Resident student" means an individual as defined in section 33-3717, 39 Idaho Code. 40 (5) "Student" means an individual currently at an Idaho school enrolled 41 in apost-secondarypostsecondary degree program, or 42 a state supportedvocationalprofessional -technical 43 program. 44 (6) "Student with educational need" means a post high school student in 45 good standing at an accredited institution of higher learning who is desirous 46 of obtaining work experience related to the student's course of academic 47 study, in either on-campus or approved off-campus employment, and who meets 48 the institutional requirements for determining educational need; provided, 49 however, a student whose academic course of study is sectarian in nature or 50 who is pursuing an educational program leading to a baccalaureate degree in 51 theology or divinity may not participate in this program. 52 (7) "Student with financial need" means a post high school student in 53 good standing at an accredited institution of higher learning who demonstrates 26 1 to the institution the financial inability, either through the student's par- 2 ents, family and/or personally, to meet the institutionally defined cost of 3 education, and further demonstrates the ability and willingness to work in a 4 student work study program, according to the stated needs of the institution. 5 SECTION 39. That Section 59-1302, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 59-1302. DEFINITIONS. (1) As used in this chapter, each of the terms 8 defined in this section shall have the meaning given in this section unless a 9 different meaning is clearly required by the context. 10 (2) "Active member" means any employee who is not establishing the right 11 to receive benefits through his or her employer's participation in any other 12 retirement system established for Idaho public employees, if such participa- 13 tion is mandated by applicable Idaho statutes other than this chapter. In no 14 case will an employee be entitled to any benefit under this chapter for public 15 service if such employee is establishing retirement benefit entitlements by 16 other Idaho statutes or federal statutes other than military service or social 17 security for that same service. 18 (3) "Accumulated contributions" means the sum of amounts contributed by a 19 member of the system, together with regular interest credit thereon. 20 (4) "Actuarial equivalent" means a benefit equal in value to another ben- 21 efit, when computed upon the basis of the actuarial tables in use by the sys- 22 tem. 23 (5) "Actuarial tables" means such tables as shall have been adopted by 24 the board in accordance with recommendations of the actuary. 25 (5A) "Alternate payee" means a spouse or former spouse of a member who is 26 recognized by an approved domestic retirement order as having a right to all 27 or a portion of the accrued benefits in the retirement system with respect to 28 such member. 29 (5B) "Approved domestic retirement order" means a domestic retirement 30 order which creates or recognizes the existence of an alternate payee's right 31 or assigns to an alternate payee the right to all or a portion of the accrued 32 benefits of a member under the retirement system, which directs the system to 33 establish a segregated account or disburse benefits to an alternate payee, and 34 which the executive director of the retirement system has determined meets the 35 requirements of sections 59-1319 and 59-1320, Idaho Code. 36 (5C) "Average monthly salary" means the member's average salary during 37 the base period as calculated pursuant to rules adopted by the retirement 38 board. 39 (5D) (a) "Base period" means the period of fifty-four (54) consecutive 40 calendar months during which the member earned: 41 (i) The highest average salary; and 42 (ii) Membership service of at least one-half (1/2) the number of 43 months in the period, excluding months of service attributable to: 44 A. Military service; 45 B. Service qualifying as minimum benefit pursuant to section 46 59-1342(5), Idaho Code; and 47 C. Worker's compensation income benefits. 48 (b) Effective October 1, 1993, the consecutive calendar months shall be 49 forty-eight (48). Effective October 1, 1994, the consecutive calendar 50 months shall be forty-two (42). 51 (c) Entitlement to a base period shall not vest until the effective date 52 of that base period. The retirement benefits shall be calculated on the 53 amounts, terms and conditions in effect at the date of the final contribu- 27 1 tion by the member. 2 (d) If no base period exists for a member, the member's average monthly 3 salary shall be determined by the board, using standards not inconsistent 4 with those established in this subsection. 5 (e) To assure equitable treatment for all members, salary increments 6 inconsistent with usual compensation patterns may be disallowed by the 7 board in determining average monthly salary and base period. 8 (6) "Beneficiary" means the person who is nominated by the written desig- 9 nation of a member, duly executed and filed with the board, to receive the 10 death benefit. 11 (7) "Calendar year" means twelve (12) calendar months commencing on the 12 first day of January. 13 (8) "Credited service" means the aggregate of membership service, prior 14 service and disabled service. 15 (9) "Date of establishment" means July 1, 1965, or a later date estab- 16 lished by the board or statute. 17 (10) "Death benefit" means the amount, if any, payable upon the death of a 18 member. 19 (11) "Disability retirement allowance" means the periodic payment becoming 20 payable upon an active member's ceasing to be an employee while eligible for 21 disability retirement. 22 (12) "Disabled" means: 23 (a) That the member is prevented from engaging in any occupation or 24 employment for remuneration or profit as a result of bodily injury or dis- 25 ease, either occupational or nonoccupational in cause, but excluding dis- 26 abilities resulting from service in the armed forces of any country, or 27 from an intentionally self-inflicted injury; and 28 (b) That the member will likely remain so disabled permanently and con- 29 tinuously during the remainder of the member's life. 30 It is not necessary that a person be absolutely helpless or entirely unable to 31 do anything worthy of compensation to be considered disabled. If the person is 32 so disabled that substantially all the avenues of employment are reasonably 33 closed to the person, that condition is within the meaning of "disabled." In 34 evaluating whether a person is disabled, medical factors and nonmedical fac- 35 tors including, but not limited to, education, economic and social environ- 36 ment, training and usable skills may be considered. 37 Refusal to submit to a medical examination ordered by the board before the 38 commencement of a disability retirement allowance or at any reasonable time 39 thereafter shall constitute proof that the member is not disabled. The board 40 shall be empowered to select for such medical examination one (1) or more phy- 41 sicians or surgeons who are licensed to practice medicine and perform surgery. 42 The fees and expenses of such examination shall be paid from the administra- 43 tion account of the fund. No member shall be required to undergo such exami- 44 nation more often than once each year after he has received a disability 45 retirement allowance continuously for two (2) years. 46 (12A) "Disabled service" means the total number of months elapsing from 47 the first day of the month next succeeding the final contribution of a member 48 prior to receiving a disability retirement allowance to the first day of the 49 month following the date of termination of such disability retirement allow- 50 ance. During such period, the member shall remain classified in the membership 51 category held during the month of final contribution. The total number of 52 months of disabled service credited for a person first becoming disabled after 53 the effective date of this chapter shall not exceed the excess, if any, of 54 three hundred sixty (360) over the total number of months of prior service and 55 membership service. 28 1 (12B) "Domestic retirement order" means any judgment, decree, or order, 2 including approval of a property settlement agreement which relates to the 3 provision of marital property rights to a spouse or former spouse of a member, 4 and is made pursuant to a domestic relations law, including the community 5 property law of the state of Idaho or of another state. 6 (13) "Early retirement allowance" means the periodic payment becoming pay- 7 able upon an active member's ceasing to be an employee while eligible for 8 early retirement. 9 (14) (A) "Employee" means: 10 (a) Any person who normally works twenty (20) hours or more per week for 11 an employer or a school teacher who works half-time or more for an 12 employer and who receives salary for services rendered for such employer; 13 or 14 (b) Elected officials or appointed officials of an employer who receive a 15 salary; or 16 (c) A person who is separated from service with less than five (5) con- 17 secutive months of employment and who is reemployed or reinstated by the 18 same employer within thirty (30) days. 19 (B) "Employee" does not include employment as: 20 (a) A person rendering service to an employer in the capacity of an inde- 21 pendent business, trade or profession; or 22 (b) A person whose employment with any employer does not total five (5) 23 consecutive months; or 24 (c) A person provided sheltered employment or made-work by a public 25 employer in an employment or industries program maintained for the benefit 26 of such person; or 27 (d) An inmate of a state institution, whether or not receiving compensa- 28 tion for services performed for the institution; or 29 (e) A student enrolled in an undergraduate, graduate, orvocational30professional -technical program at and employed by a 31 state college, university, community college orvocational32 professional -technical center when such employment is predi- 33 cated on student status; or 34 (f) A person making contributions to the United States civil service com- 35 mission under the United States Civil Service System Retirement Act except 36 that a person who receives separate remuneration for work currently per- 37 formed for an employer and the United States government may elect to be a 38 member of the retirement system in accordance with rules of the board; or 39 (g) A person occupying a position that does not exceed eight (8) consecu- 40 tive months in a calendar year with a city or county when the city or 41 county has certified, in writing to the system, the position is (i) sea- 42 sonal or casual; and (ii) affected by weather and the growing season, 43 including parks and golf course positions. 44 (15) "Employer" means the state of Idaho, or any political subdivision or 45 governmental entity, provided such subdivision or entity has elected to come 46 into the system. Governmental entity means any organization composed of units 47 of government of Idaho or organizations funded only by government or employee 48 contributions or organizations who discharge governmental responsibilities or 49 proprietary responsibilities that would otherwise be performed by government. 50 All governmental entities are deemed to be political subdivisions for the pur- 51 pose of this chapter. 52 (15A) "Final contribution" means the final contribution made by a member 53 pursuant to sections 59-1331 through 59-1334, Idaho Code. 54 (16) "Firefighter" means an employee, including paid firefighters hired on 55 or after October 1, 1980, whose primary occupation is that of preventing and 29 1 extinguishing fires as determined by the rules of the board. 2 (17) "Fiscal year" means the period beginning on July 1 in any year and 3 ending on June 30 of the next succeeding year. 4 (18) "Fund" means the public employee retirement fund established by this 5 chapter. 6 (19) "Funding agent" means any bank or banks, trust company or trust com- 7 panies, legal reserve life insurance company or legal reserve life insurance 8 companies, or combinations thereof, any thrift institution or credit union or 9 any investment management firm or individual investment manager selected by 10 the board to hold and/or invest the employers' and members' contributions and 11 pay certain benefits granted under this chapter. 12 (20) "Inactive member" means a former active member who is not an employee 13 and is not receiving any form of retirement allowance, but for whom a separa- 14 tion benefit has not become payable. 15 (20A) "Lifetime annuity" means periodic monthly payments of income by the 16 retirement system to an alternate payee. 17 (20B) "Lump sum distribution" means a payment by the retirement system of 18 the entire balance in the alternate payee's segregated account, together with 19 regular interest credited thereon. 20 (21) "Member" means an active member, inactive member or a retired member. 21 (22) "Membership service" means military service which occurs after the 22 commencement of contributions payable under sections 59-1331 through 59-1334, 23 Idaho Code, and service with respect to which contributions are payable under 24 sections 59-1331 through 59-1334, Idaho Code, which, except for benefit calcu- 25 lations described in sections 59-1342 and 59-1353, Idaho Code, includes ser- 26 vice transferred to a segregated account under an approved domestic retirement 27 order. 28 (23) "Military service" means active duty service in the armed forces of 29 the United States including the national guard and reserves, under the provi- 30 sions of title 10, title 32, and title 37, United States code. Provided, how- 31 ever, for the purposes of this chapter, military service SHALL NOT include: 32 (a) Any period ended by dishonorable discharge or during which termina- 33 tion of such service is available but not accepted; 34 (b) Any period which commences more than ninety (90) days after the per- 35 son ceases to be an employee or ends more than ninety (90) days before the 36 person again becomes an employee unless such ninety (90) day requirements 37 are waived by the board due to circumstances beyond the employee's con- 38 trol; or 39 (c) Any active duty service in excess of five (5) years if at the conve- 40 nience of the United States government, or in excess of four (4) years if 41 not at the convenience of the United States government. 42 (24) (a) "Police officer" for retirement purposes shall be as defined in 43 section 59-1303, Idaho Code. 44 (b) "POST" means the Idaho peace officer standards and training council 45 established in chapter 51, title 19, Idaho Code. 46 (25) "Prior service" means any period prior to July 1, 1965, of military 47 service or of employment for the state of Idaho or any political subdivision 48 or other employer of each employee who is an active member or in military ser- 49 vice or on leave of absence on the date of establishment, provided, however, 50 an employee who was not an active member or in military service or on leave of 51 absence on the date of establishment shall receive credit for the member's 52 service prior to July 1, 1965, on the basis of recognizing two (2) months of 53 such service for each month of membership service. For the purpose of comput- 54 ing such service, no deduction shall be made for any continuous period of 55 absence from service or military service of six (6) months or less. 30 1 (26) "Regular interest" means interest at the rate set from time to time 2 by the board. 3 (27) "Retired member" means a former active member receiving a retirement 4 allowance. 5 (28) "Retirement" means the acceptance of a retirement allowance under 6 this chapter upon termination of employment. 7 (29) "Retirement board" or "board" means the board provided for in sec- 8 tions 59-1304 and 59-1305, Idaho Code, to administer the retirement system. 9 (30) "Retirement system" or "system" means the public employee retirement 10 system of Idaho. 11 (31) (A) "Salary" means: 12 (a) The total salary or wages paid to a person who meets the definition 13 of employee by an employer for personal services performed and reported 14 by the employer for income tax purposes, including the cash value of all 15 remuneration in any medium other than cash. 16 (b) The total amount of any voluntary reduction in salary agreed to by 17 the member and employer where the reduction is used as an alternative form 18 of remuneration to the member. 19 (B) Salary in excess of the compensation limitations set forth in section 20 401(a)(17) of the Internal Revenue Code shall be disregarded for any person 21 who becomes a member of the system on or after July 1, 1996. The system had no 22 limitations on compensation in effect on July 1, 1993. The compensation limi- 23 tations set forth in section 401(1)(17) of the Internal Revenue Code shall not 24 apply for an "eligible employee." For purposes of this subsection, "eligible 25 employee" is an individual who was a member of the system before July 1, 1996. 26 (C) "Salary" does not include: 27 (a) Contributions by employers to employee held medical savings accounts, 28 as those accounts are defined in section 63-3022K, Idaho Code. 29 (b) Lump sum payments inconsistent with usual compensation patterns made 30 by the employer to the employee only upon termination from service includ- 31 ing, but not limited to, vacation payoffs, sick leave payoffs, early 32 retirement incentive payments and bonuses. 33 (31A) "Segregated account" means the account established by the retirement 34 system for the alternate payee of a member who is not a retired member. It 35 shall include the months of credited service and accumulated contributions 36 transferred from the member's account. 37 (32) "Separation benefit" means the amount, if any, payable upon or subse- 38 quent to separation from service. 39 (33) "Service" means being shown on an employer's payroll as an employee 40 receiving a salary. Service of fifteen (15) days or more during any calendar 41 month shall be credited as one (1) month of service. Service of fourteen (14) 42 days or less during any calendar month shall not be credited. No more than one 43 (1) month of service shall be credited for all service in any month. 44 (34) "Service retirement allowance" means the periodic payment becoming 45 payable upon an active member's ceasing to be an employee while eligible for 46 service retirement. 47 (35) "State" means the state of Idaho. 48 (36) "Vested retirement allowance" means the periodic payment becoming 49 payable upon an inactive member's becoming eligible for vested retirement. 50 (37) The masculine pronoun, wherever used, shall include the feminine pro- 51 noun. 52 SECTION 40. That Section 67-6902, Idaho Code, be, and the same is hereby 53 amended to read as follows: 31 1 67-6902. DEFINITIONS. As used in this chapter: 2 (1) "Public buildings" means the state capitol, all county courthouses, 3 and all city halls and buildings used primarily as governmental offices of the 4 state or any county or city. It does not include public schools or buildings 5 or institutions of higher education orvocationalprofes- 6 sional -technical training, buildings of the department of health and 7 welfare, or facilities of the state board of correction. 8 (2) "Food service facilities" include s restaurants, cafete- 9 rias, snack bars, and goods and services customarily offered in connection 10 with any of the foregoing, and also includes vending machines dispensing foods 11 when operated independently or in conjunction with such facilities. 12 (3) "Handicapped" means: 13 (a) A person who has a physical or mental impairment which substantially 14 limits one (1) or more major life activities (e.g. communica- 15 tion, ambulation, self-care, socialization, education, vocational train- 16 ing, transportation or employment); 17 (b) A person who has a record of such an impairment and the impairment is 18 expected to continue indefinitely; 19 (c) A person who is regarded or treated by others as having such an 20 impairment; 21 (d) Persons including, but not limited to, persons who are blind, deaf, 22 epileptic, autistic, mentally retarded or mentally ill or who have ortho- 23 pedic disorders or cerebral palsy. 24 (4) "Nonprofit organization representing the handicapped" means tax 25 exempt organizations as defined under section 501(c)(3) of the internal reve- 26 nue code and includes the Idaho commission for the blind and visually 27 impaired. 28 SECTION 41. That Section 72-1347B, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 72-1347B. WORKFORCE DEVELOPMENT TRAINING FUND. (1) There is established 31 in the state treasury a special trust fund, separate and apart from all other 32 public funds of this state, to be known as the workforce development training 33 fund, hereinafter "training fund." Except as provided herein, all proceeds 34 from the training tax defined in subsection (4) of this section shall be paid 35 into the training fund. The state treasurer shall be the custodian of the 36 training fund and shall invest said moneys in accordance with law. Any inter- 37 est earned on the moneys in the training fund shall be deposited in the train- 38 ing fund. Moneys in the training fund shall be disbursed in accordance with 39 the directions of the director. 40 (2) All moneys in the training fund are perpetually appropriated to the 41 director for expenditure in accordance with the provisions of this section. 42 The purpose of the training fund is to provide or expand training and retrain- 43 ing opportunities in an expeditious manner that would not otherwise exist for 44 Idaho's workforce. The training fund is intended to supplement, but not to 45 supplant or compete with, money available through existing training programs. 46 The moneys in the training fund shall be used for the following purposes: 47 (a) To provide training for skills necessary for specific economic oppor- 48 tunities and industrial expansion initiatives; 49 (b) To provide training to upgrade the skills of currently employed work- 50 ers at risk of being permanently laid off; 51 (c) For refunds of training taxes erroneously collected and deposited in 52 the workforce training fund; 53 (d) For all administrative expenses incurred by the department associated 32 1 with the collection of the training tax and any other administrative 2 expenses associated with the training fund. 3 (3) Expenditures from the training fund for purposes authorized in para- 4 graphs (a) and (b) of subsection (2) of this section shall be approved by the 5 director and the director of the department of commerce based on procedures, 6 criteria and performance measures established by the council appointed pursu- 7 ant to section 72-1336, Idaho Code. The activities funded by the training fund 8 will be coordinated with similar activities funded by the state division of 9vocationalprofessional-technical education. Expen- 10 ditures from the training fund for purposes authorized in paragraphs (c) and 11 (d) of subsection (2) of this section shall be approved by the director. The 12 director shall pay all approved expenditures as long as the training fund has 13 a positive balance. The council shall report annually to the governor and the 14 joint finance-appropriations committee the commitments and expenditures made 15 from the training fund in the preceding fiscal year and the results of the 16 activities funded by the training fund. 17 (4) A training tax is hereby imposed on all covered employers required to 18 pay contributions pursuant to section 72-1350, Idaho Code, with the exception 19 of deficit employers who have been assigned a taxable wage rate from rate 20 class six pursuant to section 72-1350, Idaho Code. The training tax rate shall 21 be equal to three percent (3%) of the taxable wage rate then in effect for 22 each eligible, standard-rated and deficit employer. The training tax shall be 23 due and payable at the same time and in the same manner as contributions. This 24 subsection is repealed effective January 1, 2002, unless, prior to that date, 25 the Idaho legislature approves the continuation of this subsection by repeal 26 of this sunset clause. 27 (5) The provisions of this chapter which apply to the payment and collec- 28 tion of contributions also apply to the payment and collection of the training 29 tax, including the same calculations, assessments, method of payment, penal- 30 ties, interest, costs, liens, injunctive relief, collection procedures and 31 refund procedures. In the administration of the provisions of this section, 32 the director is granted all rights, authority, and prerogatives granted under 33 the provisions of this chapter. Moneys collected from an employer delinquent 34 in paying contributions, reserve taxes and the training tax shall first be 35 applied to any penalty and interest imposed pursuant to the provisions of this 36 chapter and shall then be applied pro rata to delinquent contributions to the 37 employment security fund, section 72-1346, Idaho Code, delinquent reserve 38 taxes to the reserve fund, section 72-1347A, Idaho Code, and delinquent train- 39 ing taxes to the training fund. Any interest and penalties collected pursuant 40 to this subsection shall be paid into the state employment security adminis- 41 trative and reimbursement fund, section 72-1348, Idaho Code, and any interest 42 or penalties refunded under this subsection shall be paid out of that same 43 fund. Training taxes paid pursuant to this section shall not be credited to 44 the employer's experience rating account and may not be deducted by any 45 employer from the wages of individuals in its employ. All training taxes shall 46 be deposited in the clearing account of the employment security fund, section 47 72-1346, Idaho Code, for clearance only and shall not become part of such 48 fund. After clearance, the moneys shall be deposited in the training fund 49 established in subsection (1) of this section. 50 (6) Administrative costs related to the training fund shall be paid from 51 the training fund in accordance with subsection (3) of this section. 52 SECTION 42. That Section 72-501A, Idaho Code, be, and the same is hereby 53 amended to read as follows: 33 1 72-501A. REHABILITATION DIVISION -- BUDGET AND EXPENSE -- COMPOSITION AND 2 IMPLEMENTATION. (1) In order to assist in reducing the period of temporary 3 disability resulting from an injury and to aid in restoring the injured 4 employee to gainful employment with the least possible permanent physical 5 impairment, the commission shall establish within the commission a rehabilita- 6 tion division and adopt a program concerning itself with both physical and 7 vocational rehabilitation, the latter of which shall include job placement. 8 (2) The commission is authorized to budget and expend for such rehabili- 9 tation program such funds as may be paid into the industrial administration 10 fund or rehabilitation account thereof by a special premium tax provided by 11 law for this purpose. 12 (3) The composition of the rehabilitation division and implementation of 13 the rehabilitation program shall be in the discretion of the commission with 14 the counsel, advice, cooperation and expertise of representatives of industry, 15 labor, sureties and the legal and medical professions as well as institutions, 16 hospitals and clinics having physical rehabilitation facilities and with the 17 assistance of the state boardof vocational rehabilitation18 for professional-technical education, when such board is carrying out the 19 duties of chapter 23, title 33, Idaho Code .
AS1246|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Bunderson Seconded by Schroeder IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1246 1 AMENDMENT TO THE BILL 2 On page 14 of the printed bill, following line 49 insert: 3 "SECTION 29. That Section 33-107B, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 33-107B. BOARD MAY ESTABLISH AN OPTIONAL RETIREMENT PROGRAM FOR COMMUNITY 6 COLLEGES AND POSTSECONDARYVOCATIONALPROFESSIONAL- 7 TECHNICAL EDUCATION INSTITUTIONS. (1) The state board of education may 8 establish an optional retirement program under which contracts providing 9 retirement and death benefits may be purchased for members of the teaching 10 staff and officers of community colleges and postsecondaryvocational11professional-technical education institutions, including 12 north Idaho college, college of southern Idaho and eastern Idaho technical 13 college, hired on or after July 1, 1997; provided however, that no such 14 employee shall be eligible to participate in an optional retirement program 15 unless he would otherwise be eligible for membership in the public employee 16 retirement system of Idaho. The benefits to be provided for or on behalf of 17 participants in an optional retirement program shall be provided through annu- 18 ity contracts or certificates, fixed or variable in nature, or a combination 19 thereof, whose benefits are owned by the participants in the program. 20 (2) The state board of education is hereby authorized to provide for the 21 administration of the optional retirement program and to perform or authorize 22 the performance of such functions as may be necessary for such purposes. The 23 board shall designate the company or companies from which contracts are to be 24 purchased under the optional retirement program and shall approve the form and 25 contents of such contracts. In making the designation and giving approval, 26 the board shall consider: 27 (a) The nature and extent of the rights and benefits to be provided by 28 such contracts for participants and their beneficiaries; 29 (b) The relation of such rights and benefits to the amount of contribu- 30 tions to be made; 31 (c) The suitability of such rights and benefits to the needs of the par- 32 ticipants and the interests of the institutions in the recruitment and 33 retention of staff members; and 34 (d) The ability of the designated company to provide such suitable rights 35 and benefits under such contracts. 36 (3) Elections to participate in an optional retirement program shall be 37 as follows: 38 (a) Eligible employees are the teaching staff and officers initially 39 appointed or hired on or after the effective date of this chapter. All 40 eligible employees, except those who are vested members of the public 41 employee retirement system of Idaho, shall participate in the optional 42 retirement program. 2 1 (b) Eligible employees who are vested members of the public employee 2 retirement system of Idaho may make a one (1) time irrevocable election to 3 transfer to the optional retirement program. The election shall be made in 4 writing and within sixty (60) days of the date of initial hire or appoint- 5 ment, or one hundred fifty (150) days after the effective date of this 6 chapter, whichever occurs later. The election shall be filed with the 7 administrative officer of the employing institution. The election shall 8 be effective not later than the first day of the second pay period follow- 9 ing the date of the election. 10 (c) Teaching staff and officers employed by the institution the day 11 before the effective date of this chapter may make a one (1) time irrevo- 12 cable election to participate in the optional retirement program. The 13 election shall be made in writing and within one hundred fifty (150) days 14 after the effective date of this chapter. The election shall be filed with 15 the administrative officer of the employing institution. The election 16 shall be effective not later than the first day of the second pay period 17 following the date of the election. 18 (d) The accumulated contributions of employees who make the one (1) time 19 irrevocable election or are required to participate in the optional 20 retirement program may be transferred by the public employee retirement 21 system of Idaho to such qualified plan, maintained under the optional 22 retirement program, as designated in writing by the employee. 23 (e) An election by an eligible employee of the optional retirement pro- 24 gram shall be irrevocable and shall be accompanied by an appropriate 25 application, where required, for issuance of a contract or contracts under 26 the program. 27 (4) (a) Each institution shall contribute on behalf of each participant 28 in its optional retirement program the following: 29 (i) To the designated company or companies, an amount equal to 30 seven and eighty-one hundredths percent (7.81%) of each participant's 31 salary, reduced by any amount necessary, if any, to provide contribu- 32 tions to a total disability program provided either by the state or 33 by a private insurance carrier licensed and authorized to provide 34 such benefits, or any combination thereof, but in no event less than 35 five percent (5%) of each participant's salary; and 36 (ii) To the public employee retirement system, an amount equal to 37 three and eighty-three hundredths percent (3.83%) of salaries of mem- 38 bers who are participants in the optional retirement program. This 39 amount shall be paid until July 1, 2011 and is in lieu of amortiza- 40 tion payments and withdrawal contributions required pursuant to chap- 41 ter 13, title 59, Idaho Code. 42 (b) For the purposes of section 59-1322, Idaho Code, the term "projected 43 salaries" shall include the sum of the annual salaries of all participants 44 in the optional retirement program established pursuant to this section. 45 (c) Each participant shall contribute an amount equal to six and ninety- 46 seven hundredths percent (6.97%). Employee contributions may be made by 47 employer pick-up pursuant to section 59-1332, Idaho Code. 48 (5) Any person participating in the optional retirement program shall be 49 ineligible for membership in the public employee retirement system of Idaho so 50 long as he remains continuously employed in any teaching staff position or as 51 an officer with any of the institutions under the jurisdiction of the state 52 board of education. 53 (6) A retirement, death or other benefit shall not be paid by the state 54 of Idaho or the state board of education for services credited under the 55 optional retirement program. Such benefits are payable to participants or 3 1 their beneficiaries only by the designated company or companies in accordance 2 with the terms of the contracts. 3 SECTION 30. That Section 33-1002, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 33-1002. EDUCATIONAL SUPPORT PROGRAM. The educational support program is 6 calculated as follows: 7 1. State Educational Support Funds. Add the state appropriation, includ- 8 ing the moneys available in the public school income fund, together with all 9 miscellaneous revenues to determine the total state funds. 10 2. From the total state funds subtract the following amounts needed for 11 state support of special programs provided by a school district: 12 a. Pupil tuition-equivalency allowances as provided in section 33-1002B, 13 Idaho Code; 14 b. Transportation support program as provided in section 33-1006, Idaho 15 Code; 16 c. Feasibility studies allowance as provided in section 33-1007A, Idaho 17 Code; 18 d. The approved costs for border district allowance, provided in section 19 33-1403, Idaho Code, as determined by the state superintendent of public 20 instruction; 21 e. The approved costs for exceptional child approved contract allowance, 22 provided in subsection 2. of section 33-2004, Idaho Code, as determined by 23 the state superintendent of public instruction; 24 f. Certain expectant and delivered mothers allowance as provided in sec- 25 tion 33-2006, Idaho Code; 26 g. Salary based apportionment calculated as provided in sections 33-1004 27 through 33-1004F, Idaho Code; 28 h. Unemployment insurance benefit payments according to the provisions of 29 section 72-1349A, Idaho Code; 30 i. For programs to provide basic curricula necessary to enable students 31 to enter academic orvocationalprofessional-technical 32 postsecondary education programs, an allocation of $300 per support 33 unit for the 1994-95 school year only; 34 j. For provision of teacher supplies to facilitate classroom instruction, 35 an allocation of $200 per support unit for the 1994-95 school year only; 36 k. For expenditure as provided by the public school technology program, 37 $10,400,000 for the 1994-95 school year; 38 l. For additional school innovation pilot project grants based on recom- 39 mendations of the Idaho school reform committee, $2,000,000 for the 40 1994-95 school year; and 41 m. For the support of provisions that provide a safe environment condu- 42 cive to student learning and maintain classroom discipline, an allocation 43 of $300 per support unit; 44 n. Any additional amounts as required by statute to effect administrative 45 adjustments or as specifically required by the provisions of any bill of 46 appropriation; 47 to secure the state educational support funds. 48 3. Local Districts' Contribution Calculation. Without including any 49 allowance as a credit for prepaid taxes as provided by section 63-1607, Idaho 50 Code, the local districts' contribution shall be four-tenths percent (.4%) 51 during fiscal year 1994-95 and each year thereafter, of the total state 52 adjusted market value for assessment purposes for the previous year with such 53 value being determined by the provisions of section 63-315, Idaho Code, and 4 1 four-tenths percent (.4%) during fiscal year 1994-95 and each year thereafter, 2 of the cooperative electrical associations' property values that have been 3 derived from the taxes paid in lieu of ad valorem taxes for the previous year 4 as provided in section 63-3502, Idaho Code. 5 4. Educational Support Program Distribution Funds. Add the local dis- 6 tricts' contribution, subsection 3. of this section, and the state educational 7 support program funds, subsection 1. of this section, together to secure the 8 total educational support program distribution funds. 9 5. Average Daily Attendance. The total state average daily attendance 10 shall be the sum of the average daily attendance of all of the school dis- 11 tricts of the state. The state board of education shall establish rules set- 12 ting forth the procedure to determine average daily attendance and the time 13 for, and method of, submission of such report. Average daily attendance calcu- 14 lation shall be carried out to the nearest hundredth. Computation of average 15 daily attendance shall also be governed by the provisions of section 33-1003A, 16 Idaho Code. 17 6. Support Units. The total state support units shall be determined by 18 using the tables set out hereafter called computation of kindergarten support 19 units, computation of elementary support units, computation of secondary sup- 20 port units, computation of exceptional education support units, and computa- 21 tion of alternative school secondary support units. The sum of all of the 22 total support units of all school districts of the state shall be the total 23 state support units. 24 COMPUTATION OF KINDERGARTEN SUPPORT UNITS 25 Average Daily 26 Attendance Attendance Divisor Units Allowed 27 41 or more .... 40....................... 1 or more as computed 28 31 - 40.99 ADA.... -....................... 1 29 26 - 30.99 ADA.... -....................... .85 30 21 - 25.99 ADA.... -....................... .75 31 16 - 20.99 ADA.... -....................... .6 32 8 - 15.99 ADA.... -....................... .5 33 1 - 7.99 ADA.... -....................... count as elementary 34 COMPUTATION OF ELEMENTARY SUPPORT UNITS 35 Average Daily 36 Attendance Attendance Divisor Minimum Units Allowed 37 300 or more ADA........................................ 15 38 ..23...grades 4,5 & 6.... 39 ..22...grades 1,2 & 3....1994-95 40 ..21...grades 1,2 & 3....1995-96 41 ..20...grades 1,2 & 3....1996-97 42 and each year thereafter. 43 160 to 299.99 ADA... 20..................... 8.4 44 110 to 159.99 ADA... 19..................... 6.8 45 71.1 to 109.99 ADA... 16..................... 4.7 46 51.7 to 71.0 ADA... 15..................... 4.0 47 33.6 to 51.6 ADA... 13..................... 2.8 48 16.6 to 33.5 ADA... 12..................... 1.4 49 1.0 to 16.5 ADA... n/a.................... 1.0 50 COMPUTATION OF SECONDARY SUPPORT UNITS 51 Average Daily 52 Attendance Attendance Divisor Minimum Units Allowed 53 750 or more .... 18.5..................... 47 5 1 400 - 749.99 ADA.... 16....................... 28 2 300 - 399.99 ADA.... 14.5..................... 22 3 200 - 299.99 ADA.... 13.5..................... 17 4 100 - 199.99 ADA.... 12....................... 9 5 99.99 or fewer Units allowed as follows: 6 Grades 7-12 ......................... 8 7 Grades 9-12 ......................... 6 8 Grades 7- 9 ......................... 1 per 14 ADA 9 Grades 7- 8 ......................... 1 per 16 ADA 10 COMPUTATION OF EXCEPTIONAL EDUCATION SUPPORT UNITS 11 Average Daily 12 Attendance Attendance Divisor Minimum Units Allowed 13 14 or more .... 14.5..................... 1 or more as computed 14 12 - 13.99.... -....................... 1 15 8 - 11.99.... -....................... .75 16 4 - 7.99.... -....................... .5 17 1 - 3.99.... -....................... .25 18 COMPUTATION OF ALTERNATIVE SCHOOL SECONDARY SUPPORT UNITS 19 Pupils in Attendance Attendance Divisor Minimum Units Allowed 20 12 or more.......... 12...................... 1 or more as computed 21 In applying these tables to any given separate attendance unit, no school 22 district shall receive less total money than it would receive if it had a 23 lesser average daily attendance in such separate attendance unit. In applying 24 the kindergarten table to a kindergarten program of less days than a full 25 school year, the support unit allowance shall be in ratio to the number of 26 days of a full school year. The tables for exceptional education and alterna- 27 tive school secondary support units shall be applicable only for programs 28 approved by the state department of education following rules established by 29 the state board of education. Moneys generated from computation of support 30 units for alternative schools shall be utilized for alternative school pro- 31 grams. School district administrative and facility costs may be included as 32 part of the alternative school expenditures. 33 7. State Distribution Factor per Support Unit. Divide educational support 34 program distribution funds, after subtracting the amounts necessary to pay the 35 obligations specified in subsection 2. of this section, by the total state 36 support units to secure the state distribution factor per support unit. 37 8. District Share of State Funds for Educational Support Program. Ascer- 38 tain a district's share of state funds for the educational support program as 39 follows: 40 a. District Contribution Calculation. Without including any allowance as 41 a credit for prepaid taxes, as provided in section 63-1607, Idaho Code, 42 the district contribution calculation shall be the rate determined under 43 subsection 3. of this section. 44 b. District Support Units. The number of support units for each school 45 district in the state shall be determined as follows: 46 (1) Divide the actual average daily attendance, excluding students 47 approved for inclusion in the exceptional child educational program, 48 for the administrative schools and each of the separate schools by 49 the appropriate divisor from the tables of support units in this sec- 50 tion, then add the quotients to obtain the district's support units 51 allowance for regular students, kindergarten through grade 12 includ- 52 ing alternative school secondary students. Calculations in applica- 6 1 tion of this subsection shall be carried out to the nearest tenth. 2 (2) Divide the combined totals of the average daily attendance of 3 all preschool, handicapped, kindergarten, elementary, secondary and 4 juvenile detention center students approved for inclusion in the 5 exceptional child program of the district by the appropriate divisor 6 from the table for computation of exceptional education support units 7 to obtain the number of support units allowed for the district's 8 approved exceptional child program. Calculations for this subsection 9 shall be carried out to the nearest tenth when more than one (1) unit 10 is allowed. 11 (3) The total number of support units of the district shall be the 12 sum of the total support units for regular students, subsection 13 8.b.(1) of this section, and the support units allowance for the 14 approved exceptional child program, subsection 8.b.(2) of this sec- 15 tion. 16 c. Total District Allowance Educational Program. Multiply the district's 17 total number of support units, carried out to the nearest tenth, by the 18 state distribution factor per support unit and to this product add the 19 approved amount of programs of the district provided in subsection 2. of 20 this section to secure the district's total allowance for the educational 21 support program. 22 d. District Share. To secure the district's share of state apportionment, 23 subtract the amount of the local district contribution calculation, sub- 24 section 3. of this section, from the amount of the total district allow- 25 ance, subsection 8.c. of this section. 26 e. Adjustment of District Share. The contract salary of every noncertifi- 27 cated teacher shall be subtracted from the district's share as calculated 28 from the provisions of subsection 8.d. of this section. 29 SECTION 31. That Section 33-2110, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 33-2110. TUITION. (1) All students of a community college shall pay 32 tuition that shall be fixed annually by the board of trustees not later than 33 the 1st day of August of each year. The tuition for full-time students taking 34 normal academic courses provided by the college, who are residents of the dis- 35 trict, shall be fixed at not less than three hundred fifty dollars ($350) per 36 annum, and may be increased by increments of not more than fifty dollars 37 ($50.00) per annum to a maximum tuition of nine hundred fifty dollars ($950) 38 per annum. For all other students taking such courses the tuition shall be, as 39 nearly as is practicable, the annual costs of all elements of providing the 40 courses of instruction, including interest on general obligation bonds, teach- 41 ing, administration, maintenance, operation and depreciation of equipment and 42 buildings, supplies and fuel, and other ordinary and necessary expenses of 43 operation incurred in providing courses by the community college, provided 44 that the tuition of students residing outside the district but within the 45 county or counties wherein the district is located shall be fixed after taking 46 into account moneys received by the community college district from any funds 47 allocated to the community college from the educational funds of the state of 48 Idaho, other than allocations forvocationalprofessional- 49 technical education; and provided that the tuition of students residing 50 outside the district and the county but within the state of Idaho shall be 51 fixed after taking into account moneys received from educational funds other 52 thanvocationalprofessional-technical moneys, as 53 referred to in this chapter, from the state of Idaho. Receipt of moneys, as 7 1 hereinbefore provided in this section, shall be based upon the receipts from 2 the sources referred to during the fiscal year preceding the fixing of the 3 tuition. A student in a community college shall not be deemed a resident of 4 the district or of the county or of the state of Idaho, unless that student is 5 deemed a resident as defined by section 33-2110B, Idaho Code, for the dis- 6 trict, county or state prior to the date of his first enrollment in the commu- 7 nity college, and no student who was not a resident of the district, county or 8 state shall gain residence while attending and enrolled in the community col- 9 lege. The residence of a minor shall be deemed to be the residence of his par- 10 ents or parent or guardian. Tuition shall be payable in advance, but the board 11 may, in its discretion, permit tuition to be paid in instalments. 12 (2) The board of trustees shall also fix fees for laboratory and other 13 special services provided by the community college and for special courses, 14 including, but not limited to, night school, off-campus courses, summer 15 school,vocationalprofessional-technical courses, 16 as otherwise provided in this chapter, and other special instruction provided 17 by the community college and nothing in this chapter shall be deemed to con- 18 trol the amount of tuition for special courses or fees for special services, 19 as herein provided, but the same shall be, as nearly as reasonable, sufficient 20 to cover the cost of all elements of providing courses as above defined. 21 (3) In this chapter unless the context requires otherwise, the following 22 definitions shall be uniformly applied. The application of these definitions 23 shall be retroactive and prospective. 24 (a) "Fees" shall include all charges imposed by the governing body, to 25 students, as a whole or individually, in excess of tuition. Student fees 26 may be imposed for special courses, instruction, and service: 27 (i) "Special course or instruction fee" means those fees charged for 28 any class or educational endeavor which shall have unique costs 29 beyond a traditional college lecture class; for example, foreign lan- 30 guage audio or visual instruction, specialized musical instruction, 31 computer class, art class involving supplies or audiovisual equip- 32 ment,vocationalprofessional-technical 33 instruction, laboratory class, remedial instruction, team teaching, 34 satellite transmissions, outside instructor, professionally assisted 35 instruction, etc. 36 (ii) "Special service fee" means those fees charged for activity, 37 benefit, or assistance offered to students which is beyond tradi- 38 tional classroom instruction; for example, student government sup- 39 port, providing of student health staff or facilities, student union 40 support, intramural and intercollegiate athletics, recreational 41 opportunities, financial aid services, graduation expense, automobile 42 parking, student yearbook/publication, insurance, registration, 43 noncapital library user fee, etc. 44 Fees shall not be imposed for any capital improvements except as specifi- 45 cally authorized in chapter 21, title 33, Idaho Code. 46 (b) "Tuition" shall mean a sum charged students for cost of college 47 instruction and shall include costs associated with maintenance and opera- 48 tion of physical plant, student services and institutional support. 49 SECTION 32. That Section 33-2401, Idaho Code, be, and the same is hereby 50 amended to read as follows: 51 33-2401. DEFINITIONS. For the purposes of chapter 24, title 33, Idaho 52 Code, the following words have the following meanings: 53 (1) "Accredited" means that a school has been recognized or approved as 8 1 meeting the standards established by an accrediting agency recognized by the 2 board or the United States department of education. 3 (2) "Agent" means any individual who solicits students for courses in 4 Idaho. 5 (3) "Agent's permit" means a nontransferable written document issued to 6 an agent by the board. 7 (4) "Board" means the state board of education. 8 (5) "Course of study" means either a single course or a set of related 9 courses for which a student enrolls. 10 (6) "Degree" means any academic, vocational , professional-technical 11 or honorary title or designation, mark, appellation, series of letters, 12 numbers or words such as, but not limited to, "bachelor's," "master's," 13 "doctorate," or "fellow," which signifies, purports, or is generally taken to 14 signify satisfactory completion of the requirements of an academic, 15 vocational , professional-technical , educational or professional 16 program of study beyond the secondary school level or for a recognized title 17 conferred for meritorious recognition and an associate of arts or associate of 18 science degree awarded by a community college or other institution which may 19 be used for any purpose whatsoever. 20 The state of Idaho recognizes and confirms the authority of any board of 21 directors, board of trustees or comparable authority of an accredited school 22 to confer degrees consistent with the requirements specified by the accredit- 23 ing agency of the school. 24 (7) "Person" means any individual or other legal entity conducting 25 courses. 26 (8) "Principal" means any person conducting courses. 27 (9) "Proprietary school" referred to as "school" means any postsecondary 28 or vocational or professional-technical educational school oper- 29 ated for a profit, or on a nonprofit basis, which maintains a place of busi- 30 ness within the state of Idaho or solicits business within the state of Idaho 31 offering degrees, career or job training programs and which is not specifi- 32 cally exempted by the provisions of this chapter. 33 (10) "Registrant" means a person or principal who has been issued a cer- 34 tificate authorizing the conduct of courses. 35 (11) "Student" means an Idaho resident enrolled in a proprietary school. 36 SECTION 33. That Section 33-3002, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 33-3002. PURPOSES OF IDAHO STATE UNIVERSITY. Idaho State University shall 39 be a comprehensive institution of higher education giving instruction in 40 undergraduate, professional and graduate education, as approved by the board 41 of trustees. 42 Courses of instruction in the college of pharmacy shall be such as shall 43 meet the standard requirements as are now, or hereafter may be, recommended by 44 the recognized accrediting agency for schools or colleges of pharmacy, and the 45 usual degrees shall be granted for completion of courses in pharmacy. 46 The board of trustees may establishvocational47 professional-technical and other courses or programs, as it may deem 48 necessary, and such courses or programs may be given or conducted on or off 49 campus, or in night schools, summer schools, or by extension courses. 50 SECTION 34. That Section 33-3101, Idaho Code, be, and the same is hereby 51 amended to read as follows: 9 1 33-3101. ESTABLISHMENT OF SCHOOL. An institute of higher education for 2 the state of Idaho is hereby established in the city of Lewiston, in the 3 county of Nez Perce, to be called the Lewis-Clark State College, heretofore 4 called the Lewis-Clark Normal School, the purposes of which shall be the 5 offering and the giving of instruction in four (4) year college courses in 6 science, arts and literature, and such courses or programs as are usually 7 included in liberal arts colleges leading to the granting of the degree of 8 Bachelor, upon completion of such courses or programs as have been approved by 9 the state board of education. 10 The board of trustees may also establish educational,vocational,11professional- technical and other courses or programs of 12 less than four (4) years, as it may deem necessary, and such courses or pro- 13 grams may be given or conducted on or off campus, or in night school, summer 14 schools, or by extension courses. 15 SECTION 35. That Section 33-4001, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 33-4001. BOISE STATE UNIVERSITY ESTABLISHED -- STANDARDS --VOCA-18TIONALPROFESSIONAL-TECHNICAL PROGRAMS. The college now 19 known as Boise state college and previously operated and conducted by Boise 20 community college district in Ada County, Idaho, known as Boisejunior21college, shall be established in the city of Boise, Idaho, as an insti- 22 tution of higher education of the state of Idaho, for the purpose of giving 23 instruction in college courses in sciences, arts and literature, professional, 24 technical and other courses of higher education, such courses being those that 25 are usually included in colleges and universities leading to the granting of 26 appropriate collegiate degrees, said college to be known as Boise State Uni- 27 versity. The standards of the courses and departments maintained in said uni- 28 versity shall be at least equal to, or on a parity with those maintained in 29 other similar colleges and universities in Idaho and other states. All pro- 30 grams in thevocationalprofessional-technical 31 departments, including terminal programs now established and maintained, may 32 be continued and such additionalvocationalprofessional- 33 technical and terminal programs may be added as the needs of the 34 students attending suchcollegeuniversity taking 35vocationalprofessional-technical and terminal pro- 36 grams shall warrant, and the appropriate certificate for completion thereof 37 shall be granted. The courses offered and degrees granted at said university 38 shall be determined by the board of trustees. 39 SECTION 36. That Section 33-4302, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 33-4302. SCHOLARSHIPS -- STATE AID. Children of any Idaho citizen who is 42 a resident of the state of Idaho on or after the effective date of this act 43 and who has been determined by the federal government to be a prisoner of war 44 or missing in action or died of injuries or wounds sustained in action in 45 southeast Asia, including Korea, or who shall become so hereafter, in any area 46 of armed conflict in which the United States is a party, shall be admitted to 47 attend any public institution of higher education or publicvocational48professional -technical school within the state of Idaho 49 without the necessity of paying tuition and fees therefor; that such student 50 shall be provided with books, equipment and supplies necessary for pursuit of 51 such program of enrollment not to exceed two hundred dollars ($200) per quar- 10 1 ter, semester, intensified semester, or like educational period; that such 2 student shall be furnished on-campus housing and subsistence not to exceed two 3 hundred dollars ($200) for each month he is enrolled under this program; pro- 4 vided, however, that such educational benefits shall not exceed a total of 5 thirty-six (36) months or four (4) nine (9) month periods; provided further, 6 that such child shall meet such other educational qualifications as such 7 institution of higher education orvocationalprofessional 8 -technical school has established for other prospective students of this 9 state. 10 Affected institutions shall in their preparation of future budgets include 11 therein costs resultant from such tuition, fee, book, equipment, supply, hous- 12 ing and subsistence loss for reimbursement thereof from appropriations of 13 state funds. 14 Applicants for the scholarship program herein prescribed shall provide 15 institutional administrative personnel with documentation of their rights 16 under this act. 17 SECTION 37. That Section 33-4302A, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 33-4302A. SCHOLARSHIPS -- STATE AID. Any dependent of a full-time peace 20 officer or firefighter employed in Idaho, which officer or firefighter is a 21 resident of the state of Idaho and which officer or firefighter is killed or 22 disabled in the line of duty shall be admitted to attend any public institu- 23 tion of higher education or publicvocationalprofessional 24 -technical school within the state of Idaho without the necessity of 25 paying tuition and fees in an amount not to exceed eight hundred dollars 26 ($800) and shall be provided with books, equipment and supplies necessary for 27 pursuit of their program of enrollment not to exceed three hundred dollars 28 ($300), per quarter, semester, intensified semester, or like education period. 29 The dependent shall be required to meet the educational qualifications as such 30 institution of higher education orvocationalprofessional 31 -technical school as established for other prospective students of this 32 state. 33 Affected institutions shall, in their preparation of future budgets, 34 include therein costs resulting from such tuition, fees, books, equipment and 35 supplies for reimbursement thereof from appropriation of state funds. 36 For the purposes of this section, a peace officer or firefighter, employed 37 in Idaho, is considered disabled if he or she is unable to perform with rea- 38 sonable continuity the material duties of any gainful occupation for which he 39 or she is reasonably fitted by education, training and experience. 40 SECTION 38. That Section 33-4403, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 33-4403. DEFINITIONS. As used in this chapter: 43 (1) "Accredited institution of higher education" means any public or pri- 44 vate university, college, or community college in Idaho accredited by the 45 northwest association of schools and colleges, or any publicvocational46professional -technical school operated by the state of 47 Idaho or any political subdivision thereof; provided, that no institution of 48 higher education shall be eligible to participate in the program unless it 49 agrees to and complies with program rules and regulations adopted by the board 50 pursuant to chapter 52, title 67, Idaho Code; provided, further, that private 51 accredited institutions of higher education which are controlled by sectarian 11 1 organizations, and students attending such institutions, may participate only 2 in the educational need, off-campus work experience portion of this program 3 and such off-campus employment may not be located at, or be performed on 4 behalf of, a sectarian or religious establishment. 5 (2) "Board" means the state board of education. 6 (3) "Program" means the Idaho work study program established pursuant to 7 this chapter. 8 (4) "Resident student" means an individual as defined in section 33-3717, 9 Idaho Code. 10 (5) "Student" means an individual currently at an Idaho school enrolled 11 in apost-secondarypostsecondary degree program, or 12 a state supportedvocationalprofessional -technical 13 program. 14 (6) "Student with educational need" means a post high school student in 15 good standing at an accredited institution of higher learning who is desirous 16 of obtaining work experience related to the student's course of academic 17 study, in either on-campus or approved off-campus employment, and who meets 18 the institutional requirements for determining educational need; provided, 19 however, a student whose academic course of study is sectarian in nature or 20 who is pursuing an educational program leading to a baccalaureate degree in 21 theology or divinity may not participate in this program. 22 (7) "Student with financial need" means a post high school student in 23 good standing at an accredited institution of higher learning who demonstrates 24 to the institution the financial inability, either through the student's par- 25 ents, family and/or personally, to meet the institutionally defined cost of 26 education, and further demonstrates the ability and willingness to work in a 27 student work study program, according to the stated needs of the institution. 28 SECTION 39. That Section 59-1302, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 59-1302. DEFINITIONS. (1) As used in this chapter, each of the terms 31 defined in this section shall have the meaning given in this section unless a 32 different meaning is clearly required by the context. 33 (2) "Active member" means any employee who is not establishing the right 34 to receive benefits through his or her employer's participation in any other 35 retirement system established for Idaho public employees, if such participa- 36 tion is mandated by applicable Idaho statutes other than this chapter. In no 37 case will an employee be entitled to any benefit under this chapter for public 38 service if such employee is establishing retirement benefit entitlements by 39 other Idaho statutes or federal statutes other than military service or social 40 security for that same service. 41 (3) "Accumulated contributions" means the sum of amounts contributed by a 42 member of the system, together with regular interest credit thereon. 43 (4) "Actuarial equivalent" means a benefit equal in value to another ben- 44 efit, when computed upon the basis of the actuarial tables in use by the sys- 45 tem. 46 (5) "Actuarial tables" means such tables as shall have been adopted by 47 the board in accordance with recommendations of the actuary. 48 (5A) "Alternate payee" means a spouse or former spouse of a member who is 49 recognized by an approved domestic retirement order as having a right to all 50 or a portion of the accrued benefits in the retirement system with respect to 51 such member. 52 (5B) "Approved domestic retirement order" means a domestic retirement 53 order which creates or recognizes the existence of an alternate payee's right 12 1 or assigns to an alternate payee the right to all or a portion of the accrued 2 benefits of a member under the retirement system, which directs the system to 3 establish a segregated account or disburse benefits to an alternate payee, and 4 which the executive director of the retirement system has determined meets the 5 requirements of sections 59-1319 and 59-1320, Idaho Code. 6 (5C) "Average monthly salary" means the member's average salary during 7 the base period as calculated pursuant to rules adopted by the retirement 8 board. 9 (5D) (a) "Base period" means the period of fifty-four (54) consecutive 10 calendar months during which the member earned: 11 (i) The highest average salary; and 12 (ii) Membership service of at least one-half (1/2) the number of 13 months in the period, excluding months of service attributable to: 14 A. Military service; 15 B. Service qualifying as minimum benefit pursuant to section 16 59-1342(5), Idaho Code; and 17 C. Worker's compensation income benefits. 18 (b) Effective October 1, 1993, the consecutive calendar months shall be 19 forty-eight (48). Effective October 1, 1994, the consecutive calendar 20 months shall be forty-two (42). 21 (c) Entitlement to a base period shall not vest until the effective date 22 of that base period. The retirement benefits shall be calculated on the 23 amounts, terms and conditions in effect at the date of the final contribu- 24 tion by the member. 25 (d) If no base period exists for a member, the member's average monthly 26 salary shall be determined by the board, using standards not inconsistent 27 with those established in this subsection. 28 (e) To assure equitable treatment for all members, salary increments 29 inconsistent with usual compensation patterns may be disallowed by the 30 board in determining average monthly salary and base period. 31 (6) "Beneficiary" means the person who is nominated by the written desig- 32 nation of a member, duly executed and filed with the board, to receive the 33 death benefit. 34 (7) "Calendar year" means twelve (12) calendar months commencing on the 35 first day of January. 36 (8) "Credited service" means the aggregate of membership service, prior 37 service and disabled service. 38 (9) "Date of establishment" means July 1, 1965, or a later date estab- 39 lished by the board or statute. 40 (10) "Death benefit" means the amount, if any, payable upon the death of a 41 member. 42 (11) "Disability retirement allowance" means the periodic payment becoming 43 payable upon an active member's ceasing to be an employee while eligible for 44 disability retirement. 45 (12) "Disabled" means: 46 (a) That the member is prevented from engaging in any occupation or 47 employment for remuneration or profit as a result of bodily injury or dis- 48 ease, either occupational or nonoccupational in cause, but excluding dis- 49 abilities resulting from service in the armed forces of any country, or 50 from an intentionally self-inflicted injury; and 51 (b) That the member will likely remain so disabled permanently and con- 52 tinuously during the remainder of the member's life. 53 It is not necessary that a person be absolutely helpless or entirely unable to 54 do anything worthy of compensation to be considered disabled. If the person is 55 so disabled that substantially all the avenues of employment are reasonably 13 1 closed to the person, that condition is within the meaning of "disabled." In 2 evaluating whether a person is disabled, medical factors and nonmedical fac- 3 tors including, but not limited to, education, economic and social environ- 4 ment, training and usable skills may be considered. 5 Refusal to submit to a medical examination ordered by the board before the 6 commencement of a disability retirement allowance or at any reasonable time 7 thereafter shall constitute proof that the member is not disabled. The board 8 shall be empowered to select for such medical examination one (1) or more phy- 9 sicians or surgeons who are licensed to practice medicine and perform surgery. 10 The fees and expenses of such examination shall be paid from the administra- 11 tion account of the fund. No member shall be required to undergo such exami- 12 nation more often than once each year after he has received a disability 13 retirement allowance continuously for two (2) years. 14 (12A) "Disabled service" means the total number of months elapsing from 15 the first day of the month next succeeding the final contribution of a member 16 prior to receiving a disability retirement allowance to the first day of the 17 month following the date of termination of such disability retirement allow- 18 ance. During such period, the member shall remain classified in the membership 19 category held during the month of final contribution. The total number of 20 months of disabled service credited for a person first becoming disabled after 21 the effective date of this chapter shall not exceed the excess, if any, of 22 three hundred sixty (360) over the total number of months of prior service and 23 membership service. 24 (12B) "Domestic retirement order" means any judgment, decree, or order, 25 including approval of a property settlement agreement which relates to the 26 provision of marital property rights to a spouse or former spouse of a member, 27 and is made pursuant to a domestic relations law, including the community 28 property law of the state of Idaho or of another state. 29 (13) "Early retirement allowance" means the periodic payment becoming pay- 30 able upon an active member's ceasing to be an employee while eligible for 31 early retirement. 32 (14) (A) "Employee" means: 33 (a) Any person who normally works twenty (20) hours or more per week for 34 an employer or a school teacher who works half-time or more for an 35 employer and who receives salary for services rendered for such employer; 36 or 37 (b) Elected officials or appointed officials of an employer who receive a 38 salary; or 39 (c) A person who is separated from service with less than five (5) con- 40 secutive months of employment and who is reemployed or reinstated by the 41 same employer within thirty (30) days. 42 (B) "Employee" does not include employment as: 43 (a) A person rendering service to an employer in the capacity of an inde- 44 pendent business, trade or profession; or 45 (b) A person whose employment with any employer does not total five (5) 46 consecutive months; or 47 (c) A person provided sheltered employment or made-work by a public 48 employer in an employment or industries program maintained for the benefit 49 of such person; or 50 (d) An inmate of a state institution, whether or not receiving compensa- 51 tion for services performed for the institution; or 52 (e) A student enrolled in an undergraduate, graduate, orvocational53professional -technical program at and employed by a 54 state college, university, community college orvocational55 professional -technical center when such employment is predi- 14 1 cated on student status; or 2 (f) A person making contributions to the United States civil service com- 3 mission under the United States Civil Service System Retirement Act except 4 that a person who receives separate remuneration for work currently per- 5 formed for an employer and the United States government may elect to be a 6 member of the retirement system in accordance with rules of the board; or 7 (g) A person occupying a position that does not exceed eight (8) consecu- 8 tive months in a calendar year with a city or county when the city or 9 county has certified, in writing to the system, the position is (i) sea- 10 sonal or casual; and (ii) affected by weather and the growing season, 11 including parks and golf course positions. 12 (15) "Employer" means the state of Idaho, or any political subdivision or 13 governmental entity, provided such subdivision or entity has elected to come 14 into the system. Governmental entity means any organization composed of units 15 of government of Idaho or organizations funded only by government or employee 16 contributions or organizations who discharge governmental responsibilities or 17 proprietary responsibilities that would otherwise be performed by government. 18 All governmental entities are deemed to be political subdivisions for the pur- 19 pose of this chapter. 20 (15A) "Final contribution" means the final contribution made by a member 21 pursuant to sections 59-1331 through 59-1334, Idaho Code. 22 (16) "Firefighter" means an employee, including paid firefighters hired on 23 or after October 1, 1980, whose primary occupation is that of preventing and 24 extinguishing fires as determined by the rules of the board. 25 (17) "Fiscal year" means the period beginning on July 1 in any year and 26 ending on June 30 of the next succeeding year. 27 (18) "Fund" means the public employee retirement fund established by this 28 chapter. 29 (19) "Funding agent" means any bank or banks, trust company or trust com- 30 panies, legal reserve life insurance company or legal reserve life insurance 31 companies, or combinations thereof, any thrift institution or credit union or 32 any investment management firm or individual investment manager selected by 33 the board to hold and/or invest the employers' and members' contributions and 34 pay certain benefits granted under this chapter. 35 (20) "Inactive member" means a former active member who is not an employee 36 and is not receiving any form of retirement allowance, but for whom a separa- 37 tion benefit has not become payable. 38 (20A) "Lifetime annuity" means periodic monthly payments of income by the 39 retirement system to an alternate payee. 40 (20B) "Lump sum distribution" means a payment by the retirement system of 41 the entire balance in the alternate payee's segregated account, together with 42 regular interest credited thereon. 43 (21) "Member" means an active member, inactive member or a retired member. 44 (22) "Membership service" means military service which occurs after the 45 commencement of contributions payable under sections 59-1331 through 59-1334, 46 Idaho Code, and service with respect to which contributions are payable under 47 sections 59-1331 through 59-1334, Idaho Code, which, except for benefit calcu- 48 lations described in sections 59-1342 and 59-1353, Idaho Code, includes ser- 49 vice transferred to a segregated account under an approved domestic retirement 50 order. 51 (23) "Military service" means active duty service in the armed forces of 52 the United States including the national guard and reserves, under the provi- 53 sions of title 10, title 32, and title 37, United States code. Provided, how- 54 ever, for the purposes of this chapter, military service SHALL NOT include: 55 (a) Any period ended by dishonorable discharge or during which termina- 15 1 tion of such service is available but not accepted; 2 (b) Any period which commences more than ninety (90) days after the per- 3 son ceases to be an employee or ends more than ninety (90) days before the 4 person again becomes an employee unless such ninety (90) day requirements 5 are waived by the board due to circumstances beyond the employee's con- 6 trol; or 7 (c) Any active duty service in excess of five (5) years if at the conve- 8 nience of the United States government, or in excess of four (4) years if 9 not at the convenience of the United States government. 10 (24) (a) "Police officer" for retirement purposes shall be as defined in 11 section 59-1303, Idaho Code. 12 (b) "POST" means the Idaho peace officer standards and training council 13 established in chapter 51, title 19, Idaho Code. 14 (25) "Prior service" means any period prior to July 1, 1965, of military 15 service or of employment for the state of Idaho or any political subdivision 16 or other employer of each employee who is an active member or in military ser- 17 vice or on leave of absence on the date of establishment, provided, however, 18 an employee who was not an active member or in military service or on leave of 19 absence on the date of establishment shall receive credit for the member's 20 service prior to July 1, 1965, on the basis of recognizing two (2) months of 21 such service for each month of membership service. For the purpose of comput- 22 ing such service, no deduction shall be made for any continuous period of 23 absence from service or military service of six (6) months or less. 24 (26) "Regular interest" means interest at the rate set from time to time 25 by the board. 26 (27) "Retired member" means a former active member receiving a retirement 27 allowance. 28 (28) "Retirement" means the acceptance of a retirement allowance under 29 this chapter upon termination of employment. 30 (29) "Retirement board" or "board" means the board provided for in sec- 31 tions 59-1304 and 59-1305, Idaho Code, to administer the retirement system. 32 (30) "Retirement system" or "system" means the public employee retirement 33 system of Idaho. 34 (31) (A) "Salary" means: 35 (a) The total salary or wages paid to a person who meets the definition 36 of employee by an employer for personal services performed and reported 37 by the employer for income tax purposes, including the cash value of all 38 remuneration in any medium other than cash. 39 (b) The total amount of any voluntary reduction in salary agreed to by 40 the member and employer where the reduction is used as an alternative form 41 of remuneration to the member. 42 (B) Salary in excess of the compensation limitations set forth in section 43 401(a)(17) of the Internal Revenue Code shall be disregarded for any person 44 who becomes a member of the system on or after July 1, 1996. The system had no 45 limitations on compensation in effect on July 1, 1993. The compensation limi- 46 tations set forth in section 401(1)(17) of the Internal Revenue Code shall not 47 apply for an "eligible employee." For purposes of this subsection, "eligible 48 employee" is an individual who was a member of the system before July 1, 1996. 49 (C) "Salary" does not include: 50 (a) Contributions by employers to employee held medical savings accounts, 51 as those accounts are defined in section 63-3022K, Idaho Code. 52 (b) Lump sum payments inconsistent with usual compensation patterns made 53 by the employer to the employee only upon termination from service includ- 54 ing, but not limited to, vacation payoffs, sick leave payoffs, early 55 retirement incentive payments and bonuses. 16 1 (31A) "Segregated account" means the account established by the retirement 2 system for the alternate payee of a member who is not a retired member. It 3 shall include the months of credited service and accumulated contributions 4 transferred from the member's account. 5 (32) "Separation benefit" means the amount, if any, payable upon or subse- 6 quent to separation from service. 7 (33) "Service" means being shown on an employer's payroll as an employee 8 receiving a salary. Service of fifteen (15) days or more during any calendar 9 month shall be credited as one (1) month of service. Service of fourteen (14) 10 days or less during any calendar month shall not be credited. No more than one 11 (1) month of service shall be credited for all service in any month. 12 (34) "Service retirement allowance" means the periodic payment becoming 13 payable upon an active member's ceasing to be an employee while eligible for 14 service retirement. 15 (35) "State" means the state of Idaho. 16 (36) "Vested retirement allowance" means the periodic payment becoming 17 payable upon an inactive member's becoming eligible for vested retirement. 18 (37) The masculine pronoun, wherever used, shall include the feminine pro- 19 noun. 20 SECTION 40. That Section 67-6902, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 67-6902. DEFINITIONS. As used in this chapter: 23 (1) "Public buildings" means the state capitol, all county courthouses, 24 and all city halls and buildings used primarily as governmental offices of the 25 state or any county or city. It does not include public schools or buildings 26 or institutions of higher education orvocationalprofes- 27 sional -technical training, buildings of the department of health and 28 welfare, or facilities of the state board of correction. 29 (2) "Food service facilities" include s restaurants, cafete- 30 rias, snack bars, and goods and services customarily offered in connection 31 with any of the foregoing, and also includes vending machines dispensing foods 32 when operated independently or in conjunction with such facilities. 33 (3) "Handicapped" means: 34 (a) A person who has a physical or mental impairment which substantially 35 limits one (1) or more major life activities (e.g. communica- 36 tion, ambulation, self-care, socialization, education, vocational train- 37 ing, transportation or employment); 38 (b) A person who has a record of such an impairment and the impairment is 39 expected to continue indefinitely; 40 (c) A person who is regarded or treated by others as having such an 41 impairment; 42 (d) Persons including, but not limited to, persons who are blind, deaf, 43 epileptic, autistic, mentally retarded or mentally ill or who have ortho- 44 pedic disorders or cerebral palsy. 45 (4) "Nonprofit organization representing the handicapped" means tax 46 exempt organizations as defined under section 501(c)(3) of the internal reve- 47 nue code and includes the Idaho commission for the blind and visually 48 impaired. 49 SECTION 41. That Section 72-1347B, Idaho Code, be, and the same is hereby 50 amended to read as follows: 51 72-1347B. WORKFORCE DEVELOPMENT TRAINING FUND. (1) There is established 17 1 in the state treasury a special trust fund, separate and apart from all other 2 public funds of this state, to be known as the workforce development training 3 fund, hereinafter "training fund." Except as provided herein, all proceeds 4 from the training tax defined in subsection (4) of this section shall be paid 5 into the training fund. The state treasurer shall be the custodian of the 6 training fund and shall invest said moneys in accordance with law. Any inter- 7 est earned on the moneys in the training fund shall be deposited in the train- 8 ing fund. Moneys in the training fund shall be disbursed in accordance with 9 the directions of the director. 10 (2) All moneys in the training fund are perpetually appropriated to the 11 director for expenditure in accordance with the provisions of this section. 12 The purpose of the training fund is to provide or expand training and retrain- 13 ing opportunities in an expeditious manner that would not otherwise exist for 14 Idaho's workforce. The training fund is intended to supplement, but not to 15 supplant or compete with, money available through existing training programs. 16 The moneys in the training fund shall be used for the following purposes: 17 (a) To provide training for skills necessary for specific economic oppor- 18 tunities and industrial expansion initiatives; 19 (b) To provide training to upgrade the skills of currently employed work- 20 ers at risk of being permanently laid off; 21 (c) For refunds of training taxes erroneously collected and deposited in 22 the workforce training fund; 23 (d) For all administrative expenses incurred by the department associated 24 with the collection of the training tax and any other administrative 25 expenses associated with the training fund. 26 (3) Expenditures from the training fund for purposes authorized in para- 27 graphs (a) and (b) of subsection (2) of this section shall be approved by the 28 director and the director of the department of commerce based on procedures, 29 criteria and performance measures established by the council appointed pursu- 30 ant to section 72-1336, Idaho Code. The activities funded by the training fund 31 will be coordinated with similar activities funded by the state division of 32vocationalprofessional-technical education. Expen- 33 ditures from the training fund for purposes authorized in paragraphs (c) and 34 (d) of subsection (2) of this section shall be approved by the director. The 35 director shall pay all approved expenditures as long as the training fund has 36 a positive balance. The council shall report annually to the governor and the 37 joint finance-appropriations committee the commitments and expenditures made 38 from the training fund in the preceding fiscal year and the results of the 39 activities funded by the training fund. 40 (4) A training tax is hereby imposed on all covered employers required to 41 pay contributions pursuant to section 72-1350, Idaho Code, with the exception 42 of deficit employers who have been assigned a taxable wage rate from rate 43 class six pursuant to section 72-1350, Idaho Code. The training tax rate shall 44 be equal to three percent (3%) of the taxable wage rate then in effect for 45 each eligible, standard-rated and deficit employer. The training tax shall be 46 due and payable at the same time and in the same manner as contributions. This 47 subsection is repealed effective January 1, 2002, unless, prior to that date, 48 the Idaho legislature approves the continuation of this subsection by repeal 49 of this sunset clause. 50 (5) The provisions of this chapter which apply to the payment and collec- 51 tion of contributions also apply to the payment and collection of the training 52 tax, including the same calculations, assessments, method of payment, penal- 53 ties, interest, costs, liens, injunctive relief, collection procedures and 54 refund procedures. In the administration of the provisions of this section, 55 the director is granted all rights, authority, and prerogatives granted under 18 1 the provisions of this chapter. Moneys collected from an employer delinquent 2 in paying contributions, reserve taxes and the training tax shall first be 3 applied to any penalty and interest imposed pursuant to the provisions of this 4 chapter and shall then be applied pro rata to delinquent contributions to the 5 employment security fund, section 72-1346, Idaho Code, delinquent reserve 6 taxes to the reserve fund, section 72-1347A, Idaho Code, and delinquent train- 7 ing taxes to the training fund. Any interest and penalties collected pursuant 8 to this subsection shall be paid into the state employment security adminis- 9 trative and reimbursement fund, section 72-1348, Idaho Code, and any interest 10 or penalties refunded under this subsection shall be paid out of that same 11 fund. Training taxes paid pursuant to this section shall not be credited to 12 the employer's experience rating account and may not be deducted by any 13 employer from the wages of individuals in its employ. All training taxes shall 14 be deposited in the clearing account of the employment security fund, section 15 72-1346, Idaho Code, for clearance only and shall not become part of such 16 fund. After clearance, the moneys shall be deposited in the training fund 17 established in subsection (1) of this section. 18 (6) Administrative costs related to the training fund shall be paid from 19 the training fund in accordance with subsection (3) of this section. 20 SECTION 42. That Section 72-501A, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 72-501A. REHABILITATION DIVISION -- BUDGET AND EXPENSE -- COMPOSITION AND 23 IMPLEMENTATION. (1) In order to assist in reducing the period of temporary 24 disability resulting from an injury and to aid in restoring the injured 25 employee to gainful employment with the least possible permanent physical 26 impairment, the commission shall establish within the commission a rehabilita- 27 tion division and adopt a program concerning itself with both physical and 28 vocational rehabilitation, the latter of which shall include job placement. 29 (2) The commission is authorized to budget and expend for such rehabili- 30 tation program such funds as may be paid into the industrial administration 31 fund or rehabilitation account thereof by a special premium tax provided by 32 law for this purpose. 33 (3) The composition of the rehabilitation division and implementation of 34 the rehabilitation program shall be in the discretion of the commission with 35 the counsel, advice, cooperation and expertise of representatives of industry, 36 labor, sureties and the legal and medical professions as well as institutions, 37 hospitals and clinics having physical rehabilitation facilities and with the 38 assistance of the state boardof vocational rehabilitation39 for professional-technical education, when such board is carrying out the 40 duties of chapter 23, title 33, Idaho Code .". 41 CORRECTIONS TO TITLE 42 On page 1, in line 10, delete "ADULT"; on page 2, in line 8, delete 43 "INCUMBRANCES" and insert: "ENCUMBRANCES"; in line 13, delete "AND"; and in 44 line 15, following "EDUCATION" insert: "; AMENDING SECTION 33-107B, IDAHO 45 CODE, TO CHANGE REFERENCE TO POSTSECONDARY VOCATIONAL EDUCATION TO POST- 46 SECONDARY PROFESSIONAL-TECHNICAL EDUCATION; AMENDING SECTION 33-1002, IDAHO 47 CODE, TO CHANGE REFERENCE TO VOCATIONAL POSTSECONDARY EDUCATION PROGRAMS TO 48 POSTSECONDARY PROFESSIONAL-TECHNICAL EDUCATION PROGRAMS; AMENDING SECTION 49 33-2110, IDAHO CODE, TO CHANGE REFERENCES TO VOCATIONAL EDUCATION TO 50 PROFESSIONAL-TECHNICAL EDUCATION; AMENDING SECTION 33-2401, IDAHO CODE, TO ADD 51 REFERENCES TO PROFESSIONAL-TECHNICAL EDUCATION; AMENDING SECTION 33-3002, 52 IDAHO CODE, TO CHANGE REFERENCES TO VOCATIONAL COURSES TO PROFESSIONAL- 19 1 TECHNICAL COURSES; AMENDING SECTION 33-3101, IDAHO CODE, TO CHANGE REFERENCE 2 TO VOCATIONAL COURSES AND INCLUDE PROFESSIONAL-TECHNICAL COURSES; AMENDING 3 SECTION 33-4001, IDAHO CODE, TO CHANGE REFERENCES TO VOCATIONAL PROGRAMS TO 4 PROFESSIONAL-TECHNICAL PROGRAMS AND TO MAKE A TECHNICAL CORRECTION; AMENDING 5 SECTION 33-4302, IDAHO CODE, TO CHANGE REFERENCES TO VOCATIONAL-TECHNICAL 6 SCHOOLS TO PROFESSIONAL-TECHNICAL SCHOOLS; AMENDING SECTION 33-4302A, IDAHO 7 CODE, TO CHANGE REFERENCE TO VOCATIONAL-TECHNICAL SCHOOLS TO PROFESSIONAL- 8 TECHNICAL SCHOOLS; AMENDING SECTION 33-4403, IDAHO CODE, TO CHANGE REFERENCES 9 TO VOCATIONAL-TECHNICAL PROGRAMS TO PROFESSIONAL-TECHNICAL PROGRAMS AND TO 10 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 59-1302, IDAHO CODE, TO CHANGE 11 REFERENCES TO VOCATIONAL-TECHNICAL CENTERS TO PROFESSIONAL-TECHNICAL CENTERS; 12 AMENDING SECTION 67-6902, IDAHO CODE, TO CHANGE REFERENCES TO VOCATIONAL- 13 TECHNICAL TRAINING TO PROFESSIONAL-TECHNICAL TRAINING AND TO MAKE TECHNICAL 14 CORRECTIONS; AMENDING SECTION 72-1347B, IDAHO CODE, TO CHANGE REFERENCE TO 15 VOCATIONAL EDUCATION TO PROFESSIONAL-TECHNICAL EDUCATION; AND AMENDING SECTION 16 72-501A, IDAHO CODE, TO CHANGE REFERENCE TO THE STATE BOARD OF VOCATIONAL 17 REHABILITATION TO THE STATE BOARD FOR PROFESSIONAL-TECHNICAL EDUCATION.".
STATEMENT OF PURPOSE
RS 09128
This legislation changes the name of the Division of Vocational
Education of the Office of the State Board of Education to the
'Division of Professional-technical Education'.
The type of education required for people preparing for careers
has changed, and is changing, rapidly. The percentage of all
occupations requiring technical training, but less than a four-
year degree has grown from less than 20% in the 1950's to 65%
today. Jobs, especially those requiring less than a baccalaureate
degree, are becoming increasingly sophisticated, requiring
quality technical education as well as a solid academic
foundation. Vocational education has been the delivery system for
addressing these needs. In step with the changing economy,
vocational education has made significant changes in cirriculum,
scope and delivery of courses, services and programs.
Unfortunately, the perceptions created by the term 'vocational
education' have not kept up with the reality of these changes.
This problem with perception makes it more difficult to
communicate with the general public, business and industry and
most importantly, the students, about the opportunities in, and
requirements of, careers requiring less than a traditional 4-year, higher education degree.
A name change would provide one tool to improve this
communication. 'Professional-technical Education' would provide a
visual signal to reflect the new enviroment and new cirriculum
offered.
FISCAL NOTE
No fiscal impact.
CONTACT: Senators Bunderson and Schroeder
Representatives Field (20) and Tilman
332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE S1246