2000 Legislation
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SENATE BILL NO. 1364 – Acupuncture Bd, self-governing agcy


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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
      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

Bill Text

  ||||              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
  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
  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:
  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-
  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.
  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 / Fiscal Impact

                       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

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