2002 Legislation
Print Friendly

HOUSE BILL NO. 388 – Aging Comm/staff, duties

HOUSE BILL NO. 388

View Daily Data Tracking History

View Bill Text

View Amendment

View Engrossed Bill (Original Bill with Amendment(s) Incorporated)

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0388aa......................................................by MR. SPEAKER
              Requested by: Department of Commission on Aging
COMMISSION ON AGING - Amends existing law relating to the Commission on
Aging to clarify duties of the commissioners; to specify duties of the
administrator and staff of the commission; and to govern appointment and
salary of the administrator.
                                                                        
01/07    House intro - 1st rdg - to printing
    Rpt prt - to Health/Wel
01/24    Rpt out - to Gen Ord
01/30    Rpt out amen - to engros
01/31    Rpt engros - 1st rdg - to 2nd rdg as amen
02/01    2nd rdg - to 3rd rdg as amen
02/05    3rd rdg as amen  - PASSED - 64-0-6
      AYES -- Aikele, Barraclough, Bedke, Bell, Bieter, Black, Block, Boe,
      Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
      Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce,
      Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson,
      Tilman, Trail, Wheeler, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Barret, Jaquet, Jones, Mader, Stone, Wood
    Floor Sponsor - Sali
    Title apvd - to Senate
02/07    Senate intro - 1st rdg - to St Aff
02/12    Rpt out - rec d/p - to 2nd rdg
02/13    2nd rdg - to 3rd rdg
02/18    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Frasure, Geddes,
      Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little,
      Lodge, Marley, Noh, Richardson, Risch, Schroeder, Sims, Sorensen,
      Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- Dunklin, Sandy
    Floor Sponsor - King-Barrutia
    Title apvd - to House
02/19    To enrol
02/20    Rpt enrol - Sp signed
02/21    Pres signed
02/22    To Governor
02/27    Governor signed
         Session Law Chapter 47
         Effective: 07/01/02

Bill Text


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 388
                                                                        
                                       BY MR. SPEAKER
                             Requested by: Commission on Aging
                                                                        
  1                                        AN ACT
  2    RELATING TO THE COMMISSION ON AGING; AMENDING SECTION 67-5001, IDAHO CODE,  TO
  3        DEFINE  APPLICATION  OF  TERMS;  AMENDING  SECTION 67-5002, IDAHO CODE, TO
  4        SPECIFY DUTIES OF THE COMMISSIONERS; AMENDING SECTION 67-5003, IDAHO CODE,
  5        TO SPECIFY DUTIES OF THE ADMINISTRATOR AND STAFF OF  THE  COMMISSION;  AND
  6        AMENDING  SECTION 67-5004, IDAHO CODE, TO GOVERN APPOINTMENT AND SALARY OF
  7        THE ADMINISTRATOR.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Section 67-5001, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:
                                                                        
 11        67-5001.  CREATION  OF  COMMISSION ON AGING -- COMPOSITION -- APPOINTMENT.
 12    There is hereby established in the executive office of the governor the  Idaho
 13    commission  on  aging,  hereafter referred to as the "commission," which shall
 14    have the duties, powers, and authorities as provided in this act. The  commis-
 15    sion  shall consist of include seven (7) members to be appointed by the gover-
 16    nor of the state of Idaho, hereafter referred to singly as a "commissioner" or
 17    collectively as "commissioners," who shall hold office during the pleasure  of
 18    the  governor and who shall be subject to removal by him the governor. No mem-
 19    ber commissioner shall hold any other elective or  appointive  office,  state,
 20    county  or  municipal,  or any office in any political party organization. Not
 21    more than four (4) members of said commissioners shall at any time  belong  to
 22    the  same political party. At least four (4) members commissioners must be age
 23    sixty (60) years or older. Each of the members of said commissioners shall  be
 24    a  citizen  of  the  United  States,  and  of the state of Idaho, and shall be
 25    appointed to assure appropriate geographic  representation  of  the  state  of
 26    Idaho.
 27        The  members  of  said commissioners shall be appointed for a term of four
 28    (4) years; provided, that in the case of death of any commissioner, or his  or
 29    her removal from office as hereinbefore provided, the governor shall appoint a
 30    successor from the same geographic area. Commencing July 1, 1995, the governor
 31    shall  appoint  three  (3)  members commissioners for a term of two (2) years,
 32    three (3) members commissioners for a term of three (3)  years,  and  one  (1)
 33    member  commissioner for a term of four (4) years. Thereafter all members com-
 34    missioners shall be appointed for a term of four (4) years. No member  commis-
 35    sioner  shall  serve more than two (2) consecutive terms, except that a member
 36    commissioner appointed to fill an unexpired term may be appointed to  two  (2)
 37    additional full terms.
                                                                        
 38        SECTION  2.  That  Section 67-5002, Idaho Code, be, and the same is hereby
 39    amended to read as follows:
                                                                        
 40        67-5002.  ORGANIZATION -- MEETINGS -- QUORUM -- COMPENSATION --  EXPENSES.
 41    (1)  The commissioners shall oversee the duties, powers and authorities of the
                                                                        
                                           2
                                                                        
  1    commission.
  2        (2)  The commissioners shall elect a chairman  and  vice-chairman  at  its
  3    first  meeting.  Thereafter,  the  chairman and vice-chairman shall be elected
  4    during the first meeting of each calendar year. The commissioners  shall  meet
  5    at least once every three (3) months and at such times as may be called by the
  6    chairman.  A  majority  of the commissioners shall constitute a quorum for the
  7    transaction of business, or for the exercise of any power.
  8        (23)  Each member of the commissioner shall be compensated as provided  in
  9    section 59-509(h), Idaho Code.
                                                                        
 10        SECTION  3.  That  Section 67-5003, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        67-5003.  POWERS AND DUTIES OF COMMISSION. The Idaho commission  on  aging
 13    administrator  and staff shall have carry out the following powers and duties,
 14    in consultation with the commissioners:
 15        (1)  Serve as an advocate within state government and  the  community  for
 16    older Idahoans;
 17        (2)  Serve  as an advisory body regarding state legislative issues affect-
 18    ing older Idahoans;
 19        (3)  In accordance with chapter 52,  title  67,  Idaho  Code,  promulgate,
 20    adopt,  amend  and rescind rules related to programs and services administered
 21    by the commission;
 22        (4)  Enter into funding agreements as grants and contracts within the lim-
 23    its of appropriated funds  to  carry  out  programs  and  services  for  older
 24    Idahoans;
 25        (5)  Conduct  public  hearings and evaluations to determine the health and
 26    social needs of older Idahoans, and determine the public and private resources
 27    to meet those needs;
 28        (6)  Designate "planning and service areas" and area agencies on aging  in
 29    accordance  with  the  older Americans act and federal regulations promulgated
 30    thereunder. The commission shall review the boundaries of  the  "planning  and
 31    service areas" periodically and shall change them as necessary;
 32        (7)  On or before the first day of December in 1995 and each year thereaf-
 33    ter,  submit  a  report to the governor and the legislature of its accomplish-
 34    ments and recommendations for improvements of programs and services for  older
 35    Idahoans;
 36        (8)  Administer  and  perform  any  other  related functions or activities
 37    assigned to the commission by the governor.
                                                                        
 38        SECTION 4.  That Section 67-5004, Idaho Code, be, and the same  is  hereby
 39    amended to read as follows:
                                                                        
 40        67-5004.  ADMINISTRATOR  --  APPOINTMENT AND TERM. An administrator of the
 41    Idaho commission on aging shall be appointed by the governor. after  consider-
 42    ing  recommendations  from the commission. The appointment shall be subject to
 43    confirmation by the senate. The administrator may be removed by  the  governor
 44    at  will.  His The administrator's compensation shall be fixed by the governor
 45    within the limits of appropriations available to the office. and based upon an
 46    annual performance evaluation of the commission.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                                     Moved by    Sali                
                                                                        
                                                     Seconded by Loertscher          
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENTS TO H.B. NO. 388
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 14, following "The" insert:  "board
  3    of";  in  line  15,  delete "sion" and insert: "sioners", and also in line 15,
  4    delete "consist of include" and insert: "consist of"; in  line  30,  following
  5    "area."  delete  the  remainder of the line and delete all of lines 31, 32 and
  6    33, and insert: "Commencing July 1, 1995, the governor shall appoint three (3)
  7    members for a term of two (2) years, three (3) members for a term of three (3)
  8    years, and one (1) member for a term of four (4) years. Thereafter all members
  9    All com-"; and in line 34, following "years" insert: "on a staggered basis".
                                                                        
 10                                AMENDMENT TO SECTION 4
 11        On page 2, in line 45, delete ". and based upon an"; in  line  46,  delete
 12    "annual performance evaluation of the commission." and insert: "and based upon
 13    an annual performance evaluation of by the commission.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 388, As Amended
                                                                        
                                       BY MR. SPEAKER
                             Requested by: Commission on Aging
                                                                        
  1                                        AN ACT
  2    RELATING TO THE COMMISSION ON AGING; AMENDING SECTION 67-5001, IDAHO CODE,  TO
  3        DEFINE  APPLICATION  OF  TERMS;  AMENDING  SECTION 67-5002, IDAHO CODE, TO
  4        SPECIFY DUTIES OF THE COMMISSIONERS; AMENDING SECTION 67-5003, IDAHO CODE,
  5        TO SPECIFY DUTIES OF THE ADMINISTRATOR AND STAFF OF  THE  COMMISSION;  AND
  6        AMENDING  SECTION 67-5004, IDAHO CODE, TO GOVERN APPOINTMENT AND SALARY OF
  7        THE ADMINISTRATOR.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Section 67-5001, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:
                                                                        
 11        67-5001.  CREATION  OF  COMMISSION ON AGING -- COMPOSITION -- APPOINTMENT.
 12    There is hereby established in the executive office of the governor the  Idaho
 13    commission  on  aging,  hereafter referred to as the "commission," which shall
 14    have the duties, powers, and authorities as provided in this act. The board of
 15    commissioners shall consist of seven (7) members to be appointed by the gover-
 16    nor of the state of Idaho, hereafter referred to singly as a "commissioner" or
 17    collectively as "commissioners," who shall hold office during the pleasure  of
 18    the  governor and who shall be subject to removal by him the governor. No mem-
 19    ber commissioner shall hold any other elective or  appointive  office,  state,
 20    county  or  municipal,  or any office in any political party organization. Not
 21    more than four (4) members of said commissioners shall at any time  belong  to
 22    the  same political party. At least four (4) members commissioners must be age
 23    sixty (60) years or older. Each of the members of said commissioners shall  be
 24    a  citizen  of  the  United  States,  and  of the state of Idaho, and shall be
 25    appointed to assure appropriate geographic  representation  of  the  state  of
 26    Idaho.
 27        The  members  of  said commissioners shall be appointed for a term of four
 28    (4) years; provided, that in the case of death of any commissioner, or his  or
 29    her removal from office as hereinbefore provided, the governor shall appoint a
 30    successor from the same geographic area. Commencing July 1, 1995, the governor
 31    shall  appoint  three (3) members  for a term of two (2) years, three (3) mem-
 32    bers for a term of three (3) years, and one (1) member for a term of four  (4)
 33    years.  Thereafter all members All commissioners shall be appointed for a term
 34    of four (4) years on a staggered basis. No  member  commissioner  shall  serve
 35    more  than  two  (2)  consecutive  terms,  except  that  a member commissioner
 36    appointed to fill an unexpired term may be appointed  to  two  (2)  additional
 37    full terms.
                                                                        
 38        SECTION  2.  That  Section 67-5002, Idaho Code, be, and the same is hereby
 39    amended to read as follows:
                                                                        
 40        67-5002.  ORGANIZATION -- MEETINGS -- QUORUM -- COMPENSATION --  EXPENSES.
 41    (1)  The commissioners shall oversee the duties, powers and authorities of the
                                                                        
                                           2
                                                                        
  1    commission.
  2        (2)  The commissioners shall elect a chairman  and  vice-chairman  at  its
  3    first  meeting.  Thereafter,  the  chairman and vice-chairman shall be elected
  4    during the first meeting of each calendar year. The commissioners  shall  meet
  5    at least once every three (3) months and at such times as may be called by the
  6    chairman.  A  majority  of the commissioners shall constitute a quorum for the
  7    transaction of business, or for the exercise of any power.
  8        (23)  Each member of the commissioner shall be compensated as provided  in
  9    section 59-509(h), Idaho Code.
                                                                        
 10        SECTION  3.  That  Section 67-5003, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        67-5003.  POWERS AND DUTIES OF COMMISSION. The Idaho commission  on  aging
 13    administrator  and staff shall have carry out the following powers and duties,
 14    in consultation with the commissioners:
 15        (1)  Serve as an advocate within state government and  the  community  for
 16    older Idahoans;
 17        (2)  Serve  as an advisory body regarding state legislative issues affect-
 18    ing older Idahoans;
 19        (3)  In accordance with chapter 52,  title  67,  Idaho  Code,  promulgate,
 20    adopt,  amend  and rescind rules related to programs and services administered
 21    by the commission;
 22        (4)  Enter into funding agreements as grants and contracts within the lim-
 23    its of appropriated funds  to  carry  out  programs  and  services  for  older
 24    Idahoans;
 25        (5)  Conduct  public  hearings and evaluations to determine the health and
 26    social needs of older Idahoans, and determine the public and private resources
 27    to meet those needs;
 28        (6)  Designate "planning and service areas" and area agencies on aging  in
 29    accordance  with  the  older Americans act and federal regulations promulgated
 30    thereunder. The commission shall review the boundaries of  the  "planning  and
 31    service areas" periodically and shall change them as necessary;
 32        (7)  On or before the first day of December in 1995 and each year thereaf-
 33    ter,  submit  a  report to the governor and the legislature of its accomplish-
 34    ments and recommendations for improvements of programs and services for  older
 35    Idahoans;
 36        (8)  Administer  and  perform  any  other  related functions or activities
 37    assigned to the commission by the governor.
                                                                        
 38        SECTION 4.  That Section 67-5004, Idaho Code, be, and the same  is  hereby
 39    amended to read as follows:
                                                                        
 40        67-5004.  ADMINISTRATOR  --  APPOINTMENT AND TERM. An administrator of the
 41    Idaho commission on aging shall be appointed by the governor. after  consider-
 42    ing  recommendations  from the commission. The appointment shall be subject to
 43    confirmation by the senate. The administrator may be removed by  the  governor
 44    at  will.  His The administrator's compensation shall be fixed by the governor
 45    within the limits of appropriations available to the office and based upon  an
 46    annual performance evaluation of by the commission.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                             RS 11423

     Clarification of duties, powers, and authorities of the board of 
commissioners by defining titles, relationships to Idaho Commission on
 Aging staff, and administrator.  Board's responsibility of oversight 
and advice to the Administrator and staff of Idaho Commission on 
Aging.  Eliminates the responsibility of the board to advise the 
Governor on appointment of the Administrator.
                         
			  FISCAL IMPACT

No fiscal impact.

CONTACT
Name:   Lois S. Bauer, Administrator
Agency: Aging, Commission on
Phone:  334-3833

Statement of Purpose/Fiscal Impact                          H0388