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S1364.................................................by HEALTH AND WELFARE ACUPUNCTURE BOARD - Amends existing law to change the measure of compensation for members of the Board of Acupuncture; to put the Board of Acupuncture in the Department of Self-Governing Agencies; and to provide that the Bureau of Occupational Licenses is empowered to provide services to the Board of Acupuncture. 02/03 Senate intro - 1st rdg - to printing 02/04 Rpt prt - to Health/Wel 02/09 Rpt out - rec d/p - to 2nd rdg 02/10 2nd rdg - to 3rd rdg 02/14 3rd rdg - PASSED - 31-0-4 AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Keough, King-Barrutia, Lee, McLaughlin, Noh, Richardson, Riggs, Risch, Sandy, Schroeder, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS--None Absent and excused--Branch, Ipsen, Parry, Sorensen Floor Sponsor - Stegner Title apvd - to House 02/15 House intro - 1st rdg - to Health/Wel 03/07 Rpt out - rec d/p - to 2nd rdg 03/08 2nd rdg - to 3rd rdg 03/22 3rd rdg - PASSED - 62-1-7 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Hadley, Hammond, Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Wood, Zimmermann NAYS -- Gould Absent and excused -- Chase, Geddes, Hansen(23), Hansen(29),Trail, Wheeler, Mr Speaker Floor Sponsor - Sali Title apvd - to Senate 03/23 To enrol 03/24 Rpt enrol - Pres signed 03/27 Sp signed 03/28 To Governor 03/29 Governor signed Session Law Chapter 82 Effective: 07/01/00
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE SENATE SENATE BILL NO. 1364 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO THE BOARD OF ACUPUNCTURE; AMENDING SECTION 54-4704, IDAHO CODE, TO 3 CHANGE THE MEASURE OF COMPENSATION FOR MEMBERS OF THE BOARD OF ACUPUNC- 4 TURE; AMENDING SECTION 67-2601, IDAHO CODE, TO PUT THE BOARD OF ACUPUNC- 5 TURE IN THE DEPARTMENT OF SELF-GOVERNING AGENCIES; AND AMENDING SECTION 6 67-2602, IDAHO CODE, TO PROVIDE THAT THE BUREAU OF OCCUPATIONAL LICENSES 7 IS EMPOWERED TO PROVIDE SERVICES TO THE BOARD OF ACUPUNCTURE. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 54-4704, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 54-4704. BOARD OF ACUPUNCTURE CREATED -- APPOINTMENT -- TERMS. (1) There 12 is hereby established in the department of self-governing agencies a state 13 board of acupuncture and the members thereof shall be appointed by the gover- 14 nor within sixty (60) days following the effective date of this chapter. 15 (2) The board shall consist of five (5) members, three (3) of whom shall 16 be licensed pursuant to this chapter, one (1) of whom shall be certified pur- 17 suant to this chapter, and one (1) of whom shall be a member of the public 18 with an interest in the rights of the consumers of acupuncture services. 19 (3) In making appointments to the board of acupuncture, consideration 20 shall be given to recommendations made by the Idaho acupuncture association, 21 other similar professional organizations and individual acupuncturists and 22 physicians. 23 (4) All members of the board shall be current residents of the state of 24 Idaho and have been residents of the state of Idaho for a minimum of three (3) 25 years immediately preceding appointment. 26 (5) The initial three (3) licensed acupuncturist members of the board 27 shall be persons who are eligible to become licensed pursuant to this chapter, 28 and who shall, within thirty (30) days of their appointment, become licensed 29 pursuant to this chapter. The certified acupuncturist member shall be a person 30 with sufficient qualification to be eligible for certification pursuant to 31 this chapter and shall, within thirty (30) days of appointment, become certi- 32 fied. 33 (6) The initial board shall be appointed for staggered terms, the longer 34 of which shall not exceed four (4) years. After the initial appointments, all 35 terms shall be four (4) years, and a member may be reappointed. In the event 36 of death, resignation, or removal of any member before the expiration of the 37 term to which appointed, the vacancy shall be filled for the unexpired portion 38 of the term in the same manner as the original appointment. 39 (7) The governor may remove any member of the board for cause, prior to 40 the expiration of the member's term. 41 (8) The board shall, within thirty (30) days after its appointment, and 42 at least annually thereafter, hold a meeting and elect a chairman. The board 43 may hold additional meetings on the call of the chairman or at the written 2 1 request of any two (2) members of the board. The board may appoint such com- 2 mittees as it considers necessary to carry out its duties. A majority of the 3 members of the board shall constitute a quorum. 4 (9) Each member of the board shall be compensated as provided in section 5 59-509( hn), Idaho Code. 6 SECTION 2. That Section 67-2601, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 67-2601. DEPARTMENT CREATED -- ORGANIZATION -- DIRECTOR -- BUREAU OF 9 OCCUPATIONAL LICENSES CREATED. (1) There is hereby created the department of 10 self-governing agencies. The department shall, for the purposes of section 20, 11 article IV of the constitution of the state of Idaho, be an executive depart- 12 ment of the state government. 13 (2) The department shall consist of the following: 14 (a) agricultural commodity commissions: Idaho apple commission, as pro- 15 vided by chapter 36, title 22, Idaho Code; Idaho bean commission, as pro- 16 vided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided 17 by chapter 29, title 25, Idaho Code; Idaho cherry commission, as provided 18 by chapter 37, title 22, Idaho Code; Idaho dairy products commission, as 19 provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil commis- 20 sion, as provided by chapter 35, title 22, Idaho Code; Idaho potato com- 21 mission, as provided by chapter 12, title 22, Idaho Code; Idaho prune com- 22 mission, as provided by chapter 30, title 22, Idaho Code; and the Idaho 23 wheat commission, as provided by chapter 33, title 22, Idaho Code; and, 24 (b) professional and occupational licensing boards: Idaho state board of 25 certified public accountancy, as provided by chapter 2, title 54, Idaho 26 Code; board of acupuncture, as provided by chapter 47, title 54, Idaho 27 Code; board of architectural examiners, as provided by chapter 3, title 28 54, Idaho Code; office of the state athletic director, as provided by 29 chapter 4, title 54, Idaho Code; board of barber examiners, as provided by 30 chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state 31 bar, as provided by chapter 4, title 3, Idaho Code; board of chiropractic 32 physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of 33 cosmetology, as provided by chapter 8, title 54, Idaho Code; Idaho coun- 34 selor licensing board, as provided by chapter 34, title 54, Idaho Code; 35 state board of dentistry, as provided by chapter 9, title 54, Idaho Code; 36 state board of denturitry, as provided by chapter 33, title 54, Idaho 37 Code; state board of engineering examiners, as provided by chapter 12, 38 title 54, Idaho Code; board of environmental health specialists examiners, 39 as provided by chapter 24, title 54, Idaho Code; state board for registra- 40 tion of professional geologists, as provided by chapter 28, title 54, 41 Idaho Code; board of hearing aid dealers and fitters, as provided by chap- 42 ter 29, title 54, Idaho Code; Idaho state board of landscape architects, 43 as provided by chapter 30, title 54, Idaho Code; state board of medicine, 44 as provided by chapter 18, title 54, Idaho Code, and its associated physi- 45 cal therapist advisory board, as provided by chapter 22, title 54, Idaho 46 Code; state board of morticians, as provided by chapter 11, title 54, 47 Idaho Code; board of nurses, as provided by chapter 14, title 54, Idaho 48 Code; board of examiners of nursing home administrators, as provided by 49 chapter 16, title 54, Idaho Code; state board of optometry, as provided by 50 chapter 15, title 54, Idaho Code; Idaho outfitters and guides board, as 51 provided by chapter 21, title 36, Idaho Code; board of pharmacy, as pro- 52 vided by chapter 17, title 54, Idaho Code; state board of podiatry, as 53 provided by chapter 6, title 54, Idaho Code; Idaho state board of psychol- 3 1 ogist examiners, as provided by chapter 23, title 54, Idaho Code; public 2 works contractors licensing board, as provided by chapter 19, title 54, 3 Idaho Code; Idaho real estate commission, as provided by chapter 20, title 4 54, Idaho Code; real estate appraiser board, as provided by chapter 41, 5 title 54, Idaho Code; board of social work examiners, as provided by chap- 6 ter 32, title 54, Idaho Code; the board of veterinary medicine, as pro- 7 vided by chapter 21, title 54, Idaho Code; and the board of examiners of 8 residential care facility administrators, as provided by chapter 42, title 9 54, Idaho Code. 10 (c) the board of examiners, pursuant to section 67-2001, Idaho Code. 11 (d) the division of building safety, to be headed by a division adminis- 12 trator and comprised of four (4) bureaus: plumbing, electrical, buildings, 13 and logging and industrial safety. The division administrator and bureau 14 chiefs shall be nonclassified employees exempt from the provisions of 15 chapter 53, title 67, Idaho Code. The administrator of the division shall 16 administer the provisions of chapter 40, title 39, Idaho Code, relating to 17 manufactured homes and recreational vehicles; chapter 41, title 39, Idaho 18 Code, relating to modular buildings; chapter 21, title 44, Idaho Code, 19 relating to manufactured home dealer and broker licensing; chapter 10, 20 title 54, Idaho Code, relating to electrical contractors and journeymen; 21 chapter 26, title 54, Idaho Code, relating to plumbing and plumbers; and 22 shall perform such additional duties as are imposed upon him by law. The 23 division administrator shall cooperate with the industrial commission and 24 aid and assist the commission in its administration of sections 72-720, 25 72-721 and 72-723, Idaho Code, and at the request of the commission shall 26 make inspection of appliances, tools, equipment, machinery, practices or 27 conditions, and make a written report to the commission. The administrator 28 shall make recommendations to the commission to aid the commission in its 29 administration of sections 72-720, 72-721 and 72-723, Idaho Code, provided 30 however, that nothing herein shall be construed as transferring to the 31 administrator any of the authority or powers now vested in the industrial 32 commission. 33 (3) The bureau of occupational licenses is hereby created within the 34 department of self-governing agencies. 35 SECTION 3. That Section 67-2602, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 67-2602. BUREAU OF OCCUPATIONAL LICENSES. (1) The bureau of occupational 38 licenses created in the department of self-governing agencies by section 39 67-2601, Idaho Code, shall be empowered, by written agreement between the 40 bureau and each agency for which it provides administrative or other services 41 as provided by law, to provide such services for the board of acupuncture, 42 board of architectural examiners, board of barber examiners, board of chiro- 43 practic physicians, board of cosmetology, counselor licensing board, board of 44 environmental health specialist examiners, state board of denturitry, board of 45 hearing aid dealers and fitters, board of landscape architects, board of 46 morticians, board of examiners of nursing home administrators, board of optom- 47 etry, board of podiatrists, board of psychologist examiners, real estate 48 appraiser board, board of examiners of residential care facility administra- 49 tors, board of social work examiners and such other professional and occupa- 50 tional licensing boards or commodity commissions as may request such services. 51 The bureau may charge a reasonable fee for such services provided any agency 52 not otherwise provided for by law and shall maintain proper accounting methods 53 for all funds under its jurisdiction. 4 1 (2) Notwithstanding the statutes governing specific boards, for any board 2 that contracts with the bureau of occupational licenses, each board member 3 shall hold office until a successor has been duly appointed and qualified.
STATEMENT OF PURPOSE RS 09836 Section 1. This Statute allows Board of Acupuncture members to receive an honorarium of $50.00 per day for attending board meetings. Currently the honorarium is considered salary under 59-1302 of the Public Employees Retirement System statutes. When the honorarium is paid, a contribution to PERSI for the board members is processed. Board members, who contribute to employer or personal retirement programs in addition to PERSI, run into IRS restrictions due to the PERSI account. Some board members have opted to refuse the honorarium, which results in no contribution to a PERSI account. Those members must, however, still be set up in the PERSI system, as required by law, before they can be entered in the Idaho Employee Information System (EIS). Members must be entered in EIS before they can receive reimbursement for expenses incurred while conduction board business and lodging expenses. This change would result in the honorarium no longer being considered as a salary, and would hereafter be exempt those board members from participation in PERSI. Section 2. & 3. This would add the Board of Acupuncture to the list of professional and occupational licensing boards under the Bureau of Occupational License statute. FISCAL IMPACT There is no fiscal impact to the State of Idaho as a result of this legislation. Contact: Joe Stegner (208) 332-1342 STATEMENT OF PURPOSE/FISCAL NOTE S1364