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H0089aa.......................................................by STATE AFFAIRS
STATE CONTROLLER'S OFFICE - Amends and repeals existing law to complete the
implementation of the 1994 change in duties of the State Controller by placing
all post-audit functions with the Legislative Services Office; to update
terminology; to update procedures used in the Office of the State Controller
such as use of electronic signatures, references to policies and procedures
rather than rules and implementation of current standards of accounting.
01/21 House intro - 1st rdg - to printing
01/22 Rpt prt - to St Aff
02/03 Rpt out - to Gen Ord
02/07 Rpt out amen - to engros
02/10 Rpt engros - 1st rdg - to 2nd rdg as amen
02/11 2nd rdg - to 3rd rdg as amen
02/12 3rd rdg as amen - PASSED - 67-0-3
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Martinez, McGeachin,
McKague, Meyer, Miller, Moyle, Naccarato, Nielsen, Raybould, Ridinger,
Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
Schaefer(Schaefer), Shepherd, Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Langhorst, Mitchell, Tilman
Floor Sponsor - Clark
Title apvd - to Senate
02/13 Senate intro - 1st rdg - to St Aff
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/21 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta,
Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
Ingram, Kennedy, Keough, Little, Lodge, Malepeai(Ellis), Marley,
McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder,
Sorensen, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Bailey
Floor Sponsor - Richardson
Title apvd - to House
02/24 To enrol
02/25 Rpt enrol - Sp signed
02/26 Pres signed
02/27 To Governor
03/05 Governor signed
Session Law Chapter 32
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 89
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE POWERS AND DUTIES OF THE STATE CONTROLLER; REPEALING SECTIONS
3 50-1012 AND 57-726, IDAHO CODE; AMENDING SECTION 1-2008, IDAHO CODE, TO
4 STRIKE DUTY OF THE STATE CONTROLLER TO SIGN CERTAIN VOUCHERS; AMENDING
5 SECTION 11-202, IDAHO CODE, TO CLARIFY DUTIES OF THE STATE CONTROLLER WHEN
6 SERVED WITH NOTICE OF GARNISHMENT AND TO MAKE A TECHNICAL CORRECTION;
7 AMENDING SECTIONS 22-1209 AND 22-1803, IDAHO CODE, TO REQUIRE DELIVERY OF
8 AUDITS TO THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE STATE CON-
9 TROLLER; AMENDING SECTION 22-2809, IDAHO CODE, TO REQUIRE APPROVAL OF
10 CLAIMS AND ISSUANCE OF WARRANTS AND TO MAKE TECHNICAL CORRECTIONS; AMEND-
11 ING SECTIONS 22-2919 AND 22-3319, IDAHO CODE, TO REQUIRE DELIVERY OF
12 AUDITS TO THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE STATE CON-
13 TROLLER; AMENDING SECTION 22-3510, IDAHO CODE, TO REQUIRE DELIVERY OF
14 AUDITS TO THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE STATE CON-
15 TROLLER AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTIONS 22-3607,
16 22-3707, 22-4010, 22-4215 AND 22-4720, IDAHO CODE, TO REQUIRE DELIVERY OF
17 AUDITS TO THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE STATE CON-
18 TROLLER; AMENDING SECTION 25-156, IDAHO CODE, TO REQUIRE DELIVERY OF
19 AUDITS TO THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE STATE CON-
20 TROLLER AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 25-3112,
21 IDAHO CODE, TO REQUIRE DELIVERY OF AUDITS TO THE OFFICE OF LEGISLATIVE
22 SERVICES INSTEAD OF THE STATE CONTROLLER; AMENDING SECTION 36-115, IDAHO
23 CODE, TO STRIKE DUTY OF THE STATE CONTROLLER TO ADMINISTER THE BIG GAME
24 SECONDARY DEPREDATION ACCOUNT AND TO REQUIRE THE DIRECTOR OF THE DEPART-
25 MENT TO ADMINISTER THE ACCOUNT; AMENDING SECTION 36-301, IDAHO CODE, TO
26 STRIKE DUTY OF THE STATE CONTROLLER RELATING TO VARIOUS FISHING, HUNTING
27 AND TRAPPING LICENSES AND TO REQUIRE THE DIRECTOR OF THE DEPARTMENT TO
28 ACCOUNT FOR THE FORMS; AMENDING SECTION 38-131, IDAHO CODE, TO STRIKE
29 REQUIREMENT FOR NOTICE TO THE STATE TREASURER PRIOR TO ISSUE OF DEFICIENCY
30 WARRANTS AGAINST THE GENERAL FUND; AMENDING SECTION 38-131A, IDAHO CODE,
31 TO STRIKE THE REQUIREMENT FOR NOTICE TO THE STATE TREASURER PRIOR TO ISSUE
32 OF DEFICIENCY WARRANTS AGAINST THE GENERAL FUND AND TO MAKE A TECHNICAL
33 CORRECTION; AMENDING SECTION 38-1517, IDAHO CODE, TO REQUIRE DELIVERY OF
34 AUDITS TO THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE STATE CON-
35 TROLLER AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-7110, IDAHO
36 CODE, TO STRIKE REQUIREMENT FOR NOTICE TO THE STATE TREASURER PRIOR TO
37 ISSUE OF DEFICIENCY WARRANTS AGAINST THE GENERAL FUND AND TO MAKE TECHNI-
38 CAL CORRECTIONS; AMENDING SECTION 40-715, IDAHO CODE, TO CORRECT TERMINOL-
39 OGY REFERENCING WARRANTS; AMENDING SECTION 42-1718, IDAHO CODE, TO STRIKE
40 REQUIREMENT FOR NOTICE TO THE STATE TREASURER PRIOR TO ISSUE OF DEFICIENCY
41 WARRANTS AGAINST THE GENERAL FUND; AMENDING SECTION 42-2807, IDAHO CODE,
42 TO STRIKE REQUIREMENT OF NOTICE TO THE STATE CONTROLLER, TO REQUIRE NOTICE
43 TO THE STATE AGENCY RESPONSIBLE FOR MANAGEMENT OF AFFECTED STATE OWNED
44 LAND AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 50-1047, IDAHO
45 CODE, TO STRIKE REQUIREMENT FOR NOTICE TO THE STATE CONTROLLER OF CERTAIN
46 ORDINANCES OR AMENDMENTS; AMENDING SECTION 50-2611, IDAHO CODE, TO STRIKE
2
1 REFERENCE TO REGULATIONS AND INCLUDE REFERENCE TO RULES OR PROCEDURES;
2 AMENDING SECTION 54-3607, IDAHO CODE, TO REQUIRE DELIVERY OF AUDITS TO THE
3 DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE STATE CONTROLLER; AMENDING
4 SECTION 58-1408, IDAHO CODE, TO REQUIRE AUDITS BY THE OFFICE OF LEGISLA-
5 TIVE SERVICES AND ACCESS BY THE STATE CONTROLLER AND THE PUBLIC TO RECORDS
6 OF THE IDAHO RANGELAND RESOURCES COMMISSION; AMENDING SECTION 58-1415,
7 IDAHO CODE, TO ADOPT CORRECT TERMINOLOGY, TO REQUIRE DELIVERY OF AUDITS TO
8 THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE STATE CONTROLLER AND
9 TO MAKE A TECHNICAL CORRECTION; AMENDING SECTIONS 59-1105 AND 59-1108,
10 IDAHO CODE, TO ADOPT CORRECT TERMINOLOGY; AMENDING SECTION 61-1008, IDAHO
11 CODE, TO CORRECT TERMINOLOGY REGARDING AUTHORITY OF THE STATE CONTROLLER
12 TO REVIEW VOUCHERS OF THE PUBLIC UTILITIES COMMISSION AND TO MAKE A
13 CODIFIER CORRECTION; AMENDING SECTION 63-3202, IDAHO CODE, TO CORRECT TER-
14 MINOLOGY REGARDING RECORDING TAX ANTICIPATION NOTES AND TO MAKE A TECHNI-
15 CAL CORRECTION; AMENDING SECTION 66-118, IDAHO CODE, TO ADOPT CORRECT TER-
16 MINOLOGY REGARDING AUTHORITY OF THE STATE CONTROLLER TO REVIEW RECORDS OF
17 CERTAIN STATE OPERATED HOSPITALS; AMENDING SECTION 67-412, IDAHO CODE, TO
18 PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
19 SECTION 67-1004, IDAHO CODE, TO STRIKE REFERENCE TO A SEAL OF THE OFFICE
20 OF THE STATE CONTROLLER AND TO AUTHORIZE USE OF AN ELECTRONIC SIGNATURE;
21 AMENDING SECTION 67-1024, IDAHO CODE, TO ADOPT CORRECT TERMINOLOGY REGARD-
22 ING POLICIES AND PROCEDURES; AMENDING SECTION 67-1041, IDAHO CODE, TO
23 STRIKE REQUIREMENTS FOR RETENTION OF CERTAIN RECORDS BY THE STATE CONTROL-
24 LER; AMENDING SECTION 67-1081, IDAHO CODE, TO ADOPT CORRECT TERMINOLOGY
25 REGARDING POLICIES AND PROCEDURES; AMENDING SECTION 67-1102, IDAHO CODE,
26 TO STRIKE OBSOLETE REFERENCE TO ORIGINAL CONTROLLER'S CERTIFICATES; AMEND-
27 ING SECTION 67-1103, IDAHO CODE, TO PROVIDE CURRENT TERMINOLOGY GOVERNING
28 PROCEDURE TO RECORD RECEIPTS; AMENDING SECTION 67-1209, IDAHO CODE, TO
29 ADOPT CORRECT TERMINOLOGY REGARDING POLICIES AND PROCEDURES AND TO MAKE A
30 TECHNICAL CORRECTION; AMENDING SECTION 67-1610, IDAHO CODE, TO ADOPT COR-
31 RECT TERMINOLOGY REFERENCING THE CAPITOL PERMANENT ENDOWMENT FUND AND TO
32 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 67-3610, IDAHO CODE, TO
33 ALLOW THE STATE CONTROLLER AND THE STATE BOARD OF EDUCATION AND BOARD OF
34 REGENTS OF THE UNIVERSITY OF IDAHO TO ADOPT A MUTUALLY AGREED UPON DATE
35 FOR SUBMISSION OF FINANCIAL STATEMENT; AMENDING SECTION 67-7409, IDAHO
36 CODE, TO REQUIRE EXAMINATION OF FINANCIAL STATEMENTS BY THE LEGISLATIVE
37 SERVICES OFFICE INSTEAD OF THE STATE CONTROLLER AND TO MAKE TECHNICAL COR-
38 RECTIONS; AND AMENDING SECTION 67-8305, IDAHO CODE, TO REQUIRE DELIVERY OF
39 AUDITS TO THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE STATE CON-
40 TROLLER.
41 Be It Enacted by the Legislature of the State of Idaho:
42 SECTION 1. That Sections 50-1012 and 57-726, Idaho Code, be, and the same
43 are hereby repealed.
44 SECTION 2. That Section 1-2008, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 1-2008. INVESTMENT OF JUDGES' RETIREMENT FUND. The investment board shall
47 at the direction of the supreme court select and contract with a minimum of
48 one (1) investment manager to manage the investment of the judges' retirement
49 fund. The investment manager(s) shall, subject to the direction of the board,
50 exert control over the funds as though the investment manager(s) were the
51 owner thereof, subject to the limitation hereinafter provided. The investment
3
1 manager(s) is hereby authorized to invest the judges' retirement fund in the
2 following manner and in the following investments or securities and none
3 others:
4 (1) Bonds, notes or other obligations of the United States or any agency
5 or instrumentality thereof.
6 (2) Money market mutual funds.
7 (3) Bonds, notes, or other obligations of the state of Idaho and its
8 political subdivisions, or bonds, notes, or other obligations of other states
9 and their political subdivisions, provided such bonds, notes, or other obliga-
10 tions or the issuing agency for other than the state of Idaho and its politi-
11 cal subdivisions have, at the time of their purchase, an AAA rating by a com-
12 monly known rating service.
13 (4) Bonds, debentures or notes of any corporation organized, controlled,
14 and operating within the United States which have, at the time of their pur-
15 chase, an A rating or higher by a commonly known rating service.
16 (5) Corporate obligations designated as corporate convertible debt secu-
17 rities.
18 (6) Obligations secured by mortgages constituting a first lien upon real
19 property of the state of Idaho which are fully insured or guaranteed as to the
20 payment of the principal by the government of the United States or any agency
21 thereof.
22 (7) Time certificates of deposit and savings accounts.
23 (8) Common or preferred stocks of corporations.
24 (9) Commercial paper, which at the time of purchase, is rated prime 1 by
25 moody's investors service incorporated or is rated A-1 or higher by standard
26 and poor's corporation.
27 In acquiring, investing, reinvesting, exchanging, retaining, selling and
28 managing the moneys and securities of the fund, the investment manager(s)
29 shall be governed by the prudent man investment act, sections 68-501 through
30 68-506, Idaho Code; provided, however, that the supreme court may in its sole
31 discretion, limit the types, kinds and amounts of such investments. The
32 investment board shall be responsible for assuring that the investment
33 manager(s) complies with this act. The investment board, subject to the
34 approval of the supreme court, is hereby authorized to select and contract
35 with a bank or trust company located in the state of Idaho, to act as custo-
36 dian of the judges' retirement fund, who shall hold all securities and moneys
37 of the judges' retirement fund and shall collect the principal, dividends and
38 interest thereof when due and pay the same into the judges' retirement fund.
39 The state treasurer shall pay all warrants drawn on the judges' retirement
40 fund for making such investments when issued pursuant to vouchers signed by
41 the chief justice of the supreme court. and by the state controller.
42 SECTION 3. That Section 11-202, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 11-202. DEBTS OWING BY STATE OF IDAHO SUBJECT TO EXECUTION OR GARNISHMENT
45 AFTER JUDGMENT. Debts, moneys and credits due or owing by the state of Idaho
46 to any person whomsoever, except an elective official of the state of Idaho,
47 shall be subject to execution and garnishment after final judgment against
48 such person for the satisfaction of such judgment by service by the sheriff of
49 Ada Ccounty, Idaho, upon the state controller of a copy of the writ of execu-
50 tion and a notice of garnishment signed by such officer in duplicate., and
51 tThe state controller shall at the time of the such service of such writ and
52 notice collect a fee of ten dollars ($10.00) therefor from said officer. and
53 tThe state controller shall thereafter have a period of thirty (30) days in
4
1 which to answer said notice of garnishment. and he shall immediately after
2 such service notify the board of examiners of the state of Idaho thereof, and
3 upon the claim of such person being allowed by the state board of examiners,
4 The state controller shall pay, in the usual manner provided by law to the
5 officer serving said writ of execution and notice of judgment, the amount
6 thereof so levied upon or garnisheed, or so much thereof as is necessary for
7 the satisfaction of the writ of execution and to satisfy said judgment upon
8 which the same was issued, and not subject to excluding any exemption as pro-
9 vided for by law. and claimed by said person, shall be paid by the state con-
10 troller in the usual manner provided by law to the officer serving said writ
11 and notice, and said The officer's receipt therefor shall be a sufficient
12 release of the state of Idaho and the state controller, of said claim of such
13 person.
14 SECTION 4. That Section 22-1209, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 22-1209. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
17 all moneys received by the commission shall be deposited in one or more sepa-
18 rate accounts in the name of the commission in one or more banks or trust com-
19 panies approved under chapter 27, title 67, Idaho Code, as state depositories.
20 The commission shall designate such banks or trust companies. All funds so
21 deposited are hereby continuously appropriated for the purpose of carrying out
22 the provisions of this chapter.
23 (2) Funds can be withdrawn or paid out of such accounts only upon checks
24 or other orders upon such accounts signed by two (2) officers designated by
25 the commission.
26 (3) The right is reserved to the state of Idaho to audit the funds of the
27 commission at any time.
28 (4) On or before January 15 of each year, the commission shall file with
29 the senate agricultural affairs committee, the house agricultural affairs com-
30 mittee, the legislative services office, the state controller, and the divi-
31 sion of financial management, a report showing the annual income and expenses
32 by standard classification of the commission during the preceding fiscal year.
33 The report shall also include an estimate of income to the commission for the
34 current and next fiscal year and a projection of anticipated expenses by cate-
35 gory for the current and next fiscal year. From and after January 15, 1989,
36 the report shall also include a reconciliation between the estimated income
37 and expenses projected and the actual income and expenses of the preceding
38 fiscal year.
39 (5) All moneys received or expended by the commission shall be audited
40 annually by a certified public accountant designated by the commission, who
41 shall furnish a copy of such audit to the state controller director of legis-
42 lative services and to the senate agricultural affairs committee and the house
43 agricultural affairs committee. The audit shall be completed within ninety
44 (90) days following the close of the fiscal year.
45 (6) The expenditures of the commission are expressly exempted from the
46 provisions of sections 67-2007 and 67-2008, Idaho Code.
47 SECTION 5. That Section 22-1803, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 22-1803. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
50 all moneys received by the commission shall be deposited in one (1) or more
51 separate accounts in the name of the commission in one (1) or more banks or
5
1 trust companies approved under chapter 27, title 67, Idaho Code, as state
2 depositories. The commission shall designate such banks or trust companies.
3 All funds so deposited are hereby continuously appropriated for the purpose of
4 carrying out the provisions of this chapter. Any interest earned on the
5 investment of idle moneys in an account shall be returned to the account.
6 (2) Funds can be withdrawn or paid out of such accounts only upon checks
7 or other orders upon such accounts signed by two (2) officers designated by
8 the commission.
9 (3) The right is reserved to the state of Idaho to audit the funds of the
10 commission at any time.
11 (4) On or before January 15 of each year, the commission shall file with
12 the senate agricultural affairs committee, the house agricultural affairs com-
13 mittee, the legislative services office, the state controller, and the divi-
14 sion of financial management, a report showing the annual income and expenses
15 by standard classification of the commission during the preceding fiscal year.
16 The report shall also include an estimate of income to the commission for the
17 current and next fiscal year and a projection of anticipated expenses by cate-
18 gory for the current and next fiscal year. The report shall also include a
19 reconciliation between the estimated income and expenses projected and the
20 actual income and expenses of the preceding fiscal year.
21 (5) All moneys received or expended by the commission shall be audited
22 biennially, but shall address every year distinctly, by a certified public
23 accountant designated by the commission, who shall furnish a copy of such
24 audit to the state controller director of legislative services and to the sen-
25 ate agricultural affairs committee and the house of representatives agricul-
26 tural affairs committee. The audit shall be completed within ninety (90) days
27 following the close of the fiscal year.
28 (6) The expenditures of the commission are expressly exempted from the
29 provisions of sections 67-2007 and 67-2008, Idaho Code.
30 SECTION 6. That Section 22-2809, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 22-2809. PAYMENT OF EXPENSES AND COSTS. All expenses and costs incurred
33 in the administration of this act shall be paid out of the Idaho Hhoney
34 Aadvertising Ffund. The commission shall keep an accurate record of all costs
35 and expenditures and will report the same by publication on October 1st of
36 each year. All expenses and costs incurred and contracted for by the commis-
37 sion in performing its duties under this act shall be paid out of such Idaho
38 Hhoney Aadvertising Ffund in the following manner: Vvouchers shall be approved
39 and submitted by the commission chairman, to the state controller, who shall,
40 upon approval by the state board of examiners, forthwith submit such vouchers
41 to the state treasurer for issue of warrants therefor to the director or his
42 designated representative of the Idaho department of agriculture for approval
43 and subsequent issuance of a warrant by the state controller.
44 SECTION 7. That Section 22-2919, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 22-2919. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
47 all moneys received by the commission shall be deposited in one or more sepa-
48 rate accounts in the name of the commission in one or more banks or trust com-
49 panies approved under chapter 27, title 67, Idaho Code, as state depositories.
50 The commission shall designate such banks or trust companies. All funds so
51 deposited are hereby continuously appropriated for the purpose of carrying out
6
1 the provisions of this chapter.
2 (2) Funds can be withdrawn or paid out of such accounts only upon checks
3 or other orders upon such accounts signed by two (2) officers designated by
4 the commission.
5 (3) The right is reserved to the state of Idaho to audit the funds of the
6 commission at any time.
7 (4) On or before January 15 of each year, the commission shall file with
8 the senate agricultural affairs committee, the house agricultural affairs com-
9 mittee, the legislative services office, the state controller, and the divi-
10 sion of financial management, a report showing the annual income and expenses
11 by standard classification of the commission during the preceding fiscal year.
12 The report shall also include an estimate of income to the commission for the
13 current and next fiscal year and a projection of anticipated expenses by cate-
14 gory for the current and next fiscal year. From and after January 15, 1989,
15 the report shall also include a reconciliation between the estimated income
16 and expenses projected and the actual income and expenses of the preceding
17 fiscal year.
18 (5) All moneys received or expended by the commission shall be audited
19 biennially by a certified public accountant designated by the commission, who
20 shall furnish a copy of such audit to the state controller director of legis-
21 lative services and to the senate agricultural affairs committee and the house
22 agricultural affairs committee. The audit shall be completed within ninety
23 (90) days following the close of the fiscal year.
24 (6) The expenditures of the commission are expressly exempted from the
25 provisions of sections 67-2007 and 67-2008, Idaho Code.
26 SECTION 8. That Section 22-3319, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 22-3319. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
29 all moneys received by the commission shall be deposited in one or more sepa-
30 rate accounts in the name of the commission in one or more banks or trust com-
31 panies approved under chapter 27, title 67, Idaho Code, as state depositories.
32 The commission shall designate such banks or trust companies. All funds so
33 deposited are hereby continuously appropriated for the purpose of carrying out
34 the provisions of this chapter.
35 (2) Funds can be withdrawn or paid out of such accounts only upon checks
36 or other orders upon such accounts signed by two (2) officers designated by
37 the commission.
38 (3) The right is reserved to the state of Idaho to audit the funds of the
39 commission at any time.
40 (4) On or before January 15 of each year, the commission shall file with
41 the senate agricultural affairs committee, the house agricultural affairs com-
42 mittee, the legislative services office, the state controller, and the divi-
43 sion of financial management, a report showing the annual income and expenses
44 by standard classification of the commission during the preceding fiscal year.
45 The report shall also include an estimate of income to the commission for the
46 current and next fiscal year and a projection of anticipated expenses by cate-
47 gory for the current and next fiscal year. From and after January 15, 1989,
48 the report shall also include a reconciliation between the estimated income
49 and expenses projected and the actual income and expenses of the preceding
50 fiscal year.
51 (5) All moneys received or expended by the commission shall be audited
52 annually by a certified public accountant designated by the commission, who
53 shall furnish a copy of such audit to the state controller director of legis-
7
1 lative services and to the senate agricultural affairs committee and the house
2 agricultural affairs committee. The audit shall be completed within ninety
3 (90) days following the close of the fiscal year.
4 (6) The expenditures of the commission are expressly exempted from the
5 provisions of sections 67-2007 and 67-2008, Idaho Code.
6 SECTION 9. That Section 22-3510, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 22-3510. DUTIES AND POWERS OF COMMISSION. (1) Consistent with the general
9 purposes of this chapter, the commission shall establish the policies to be
10 followed in the accomplishments of such purposes.
11 (2) In the administration of the act, the commission shall have the fol-
12 lowing duties, authorities and powers:
13 (a) To conduct a campaign of research, education and publicity.
14 (b) To find new markets for pea and lentil products.
15 (c) To give, publicize and promulgate reliable information showing the
16 value of peas and lentils for any purpose for which they are found useful
17 and profitable.
18 (d) To make public and encourage the widespread national and interna-
19 tional use of the special kinds of pea and lentil products produced from
20 all varieties of peas and lentils grown in Idaho.
21 (e) To investigate and participate in studies of the problems peculiar to
22 the producers of peas and lentils in Idaho.
23 (f) To take such action as the commission deems necessary or advisable in
24 order to stabilize and protect the pea and lentil industry of the state.
25 (g) To sue and be sued.
26 (h) To enter into such contracts as may be necessary or advisable.
27 (i) To appoint and employ all necessary officers, agents and other per-
28 sonnel, including experts in agriculture and the publicizing of the prod-
29 ucts thereof, and to prescribe their duties and fix their compensation.
30 (j) To make use of such advertising means and methods as the commission
31 deems advisable and to enter into contracts and agreements for research
32 and advertising within and without the state.
33 (k) To cooperate with any local, state or national organization or
34 agency, whether voluntary or created by the law of any state or by
35 national law, engaged in work or activities similar to the work and activ-
36 ities of the commission, and to enter into contracts and agreements with
37 such organizations or agencies for carrying on a joint campaign of
38 research, education and publicity and reciprocal enforcement.
39 (l) To lease, purchase or own the real or personal property deemed neces-
40 sary in the administration of this act chapter.
41 (m) To prosecute in the name of the state of Idaho any suit or action for
42 collection of the assessment provided for in this act chapter.
43 (n) To adopt, rescind, modify and amend all necessary and proper orders,
44 resolutions and regulations for the procedure and exercise of its powers
45 and the performance of its duties.
46 (o) To incur indebtedness and repay the same, and carry on all business
47 activities.
48 (p) To keep or cause to be kept in accordance with accepted standards of
49 good accounting practice, accurate records of all assessments, collec-
50 tions, receipts, deposits, withdrawals, disbursements, paid outs, moneys
51 and other financial transactions made and done pursuant to this order.
52 Such records, books and accounts shall be audited subject to lawful, sound
53 procedures and methods of accounting at least annually and a copy of such
8
1 audit shall be delivered within thirty (30) days after completion thereof
2 to the governor, commissioner of agriculture, state controller director of
3 legislative services and the commission. The books, records and accounts
4 shall be open to inspection by the state controller and public at all
5 times.
6 (q) To mMake a full and complete report available to all Idaho pea and
7 lentil producers annually, and once every five (5) years, commencing May 1,
8 1970, poll each grower as to the advisability of continuing the commission. If
9 a majority of the growers representative of a majority of the pounds produced
10 request a repeal of this act, the commission shall at the next session of the
11 legislature request a repeal.
12 SECTION 10. That Section 22-3607, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 22-3607. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
15 all moneys received by the commission shall be deposited in one or more sepa-
16 rate accounts in the name of the commission in one or more banks or trust com-
17 panies approved under chapter 27, title 67, Idaho Code, as state depositories.
18 The commission shall designate such banks or trust companies. All funds so
19 deposited are hereby continuously appropriated for the purpose of carrying out
20 the provisions of this chapter.
21 (2) Funds can be withdrawn or paid out of such accounts only upon checks
22 or other orders upon such accounts signed by two (2) officers designated by
23 the commission.
24 (3) The right is reserved to the state of Idaho to audit the funds of the
25 commission at any time.
26 (4) On or before January 15 of each year, the commission shall file with
27 the senate agricultural affairs committee, the house agricultural affairs com-
28 mittee, the legislative services office, the state controller, and the divi-
29 sion of financial management, a report showing the annual income and expenses
30 by standard classification of the commission during the preceding fiscal year.
31 The report shall also include an estimate of income to the commission for the
32 current and next fiscal year and a projection of anticipated expenses by cate-
33 gory for the current and next fiscal year. From and after January 15, 1989,
34 the report shall also include a reconciliation between the estimated income
35 and expenses projected and the actual income and expenses of the preceding
36 fiscal year.
37 (5) All moneys received or expended by the commission shall be audited
38 biennially by a certified public accountant designated by the commission, who
39 shall furnish a copy of such audit to the state controller director of legis-
40 lative services and to the senate agricultural affairs committee and the house
41 agricultural affairs committee. The audit shall be completed within ninety
42 (90) days following the close of the fiscal year.
43 (6) The expenditures of the commission are expressly exempted from the
44 provisions of sections 67-2007 and 67-2008, Idaho Code.
45 SECTION 11. That Section 22-3707, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 22-3707. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
48 all moneys received by the commission shall be deposited in one or more sepa-
49 rate accounts in the name of the commission in one or more banks or trust com-
50 panies approved under chapter 27, title 67, Idaho Code, as state depositories.
51 The commission shall designate such banks or trust companies. All funds so
9
1 deposited are hereby continuously appropriated for the purpose of carrying out
2 the provisions of this chapter.
3 (2) Funds can be withdrawn or paid out of such accounts only upon checks
4 or other orders upon such accounts signed by two (2) officers designated by
5 the commission.
6 (3) The right is reserved to the state of Idaho to audit the funds of the
7 commission at any time.
8 (4) On or before January 15 of each year, the commission shall file with
9 the senate agricultural affairs committee, the house agricultural affairs com-
10 mittee, the legislative services office, the state controller, and the divi-
11 sion of financial management, a report showing the annual income and expenses
12 by standard classification of the commission during the preceding fiscal year.
13 The report shall also include an estimate of income to the commission for the
14 current and next fiscal year and a projection of anticipated expenses by cate-
15 gory for the current and next fiscal year. From and after January 15, 1990,
16 the report shall also include a reconciliation between the estimated income
17 and expenses projected and the actual income and expenses of the preceding
18 fiscal year.
19 (5) All moneys received or expended by the commission shall be audited
20 biennially by a certified public accountant designated by the commission, who
21 shall furnish a copy of such audit to the state controller director of legis-
22 lative services and to the senate agricultural affairs committee and the house
23 agricultural affairs committee. The audit shall be completed within ninety
24 (90) days following the close of the fiscal year.
25 (6) The expenditures of the commission are expressly exempted from the
26 provisions of sections 67-2007 and 67-2008, Idaho Code.
27 SECTION 12. That Section 22-4010, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 22-4010. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
30 all grants, donations and gifts of funds from any source for expenditure for
31 any purpose consistent with this chapter which may be specified as a condition
32 of any grant, donation or gift, and all of the revenues received under the
33 provisions of section 22-4017, Idaho Code, shall be deposited in one or more
34 separate accounts in the name of the commission in one or more banks or trust
35 companies approved under chapter 27, title 67, Idaho Code, as state deposito-
36 ries. The commission shall designate such banks or trust companies. All funds
37 so deposited are hereby continuously appropriated for the purpose of carrying
38 out the provisions of this chapter.
39 (2) Funds can be withdrawn or paid out of such accounts only upon checks
40 or other orders upon such accounts signed by two (2) officers designated by
41 the commission.
42 (3) The right is reserved to the state of Idaho to audit the funds of the
43 commission at any time.
44 (4) On or before January 15 of each year, the commission shall file with
45 the senate agricultural affairs committee, the house agricultural affairs com-
46 mittee, the legislative services office, the state controller, and the divi-
47 sion of financial management, a report showing the annual income to the com-
48 mission during the preceding fiscal year. The report shall also include an
49 estimate of income to the commission for the current fiscal year and a projec-
50 tion of anticipated expenses by category for the current fiscal year. From and
51 after January 15, 1989, the report shall also include a reconciliation between
52 the estimated income and expenses projected and the actual income and expenses
53 of the preceding fiscal year.
10
1 (5) All moneys received or expended by the commission shall be audited
2 every second year, but shall address every year distinctly, by a certified
3 public accountant designated by the commission, who shall furnish a copy of
4 such audit to the state controller director of legislative services and to the
5 senate agricultural affairs committee and the house agricultural affairs com-
6 mittee. The audit shall be completed within ninety (90) days following the
7 close of the fiscal year.
8 (6) The expenditures of the commission are expressly exempted from the
9 provisions of sections 67-2007 and 67-2008, Idaho Code.
10 SECTION 13. That Section 22-4215, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 22-4215. DEPOSIT OF ASSESSMENTS -- WITHDRAWAL METHOD -- EXPENSES -- BOND
13 REQUIRED -- AUDIT. (1) All receipts for the commission will be deposited
14 within five (5) working days of being received, all moneys received by the
15 commission from the assessment levied under section 22-4210, Idaho Code, and
16 all other moneys received by the commission shall be deposited in one (1) or
17 more separate accounts in the name of the commission in one (1) or more banks
18 or trust companies approved under chapter 27, title 67, Idaho Code, as state
19 depositories. The commission shall designate such accounts at such banks or
20 trust companies.
21 (2) (a) No money shall be withdrawn or paid out of such accounts except
22 upon order of the commission and upon checks or other orders upon such
23 accounts signed by such member of the commission as the commission desig-
24 nates and countersigned by such other member, officer or employee of the
25 commission as the commission designates. A receipt, voucher or other writ-
26 ten record, showing clearly the nature and items covered by each check or
27 other order, shall be kept.
28 (b) All moneys referred to in subsection (1) of this section shall be
29 used by the commission only for the payment of expenses of the commission
30 in carrying out the powers conferred on the commission.
31 (c) The commission may require any commission member or agent or employee
32 appointed by the commission to give a bond payable to the commission in
33 the amount and with the security and containing the terms and conditions
34 the commission may prescribe. The cost of such bond is an administrative
35 cost under this act.
36 (3) All moneys received or expended by the commission shall be audited
37 every second year, but shall address each year separately, by a certified pub-
38 lic accountant designated by the commission, who shall furnish a copy of such
39 audit to the state controller director of legislative services and to the sen-
40 ate agricultural affairs committee and the house agricultural affairs commit-
41 tee. The audit shall be completed within ninety (90) days following the close
42 of the fiscal year. The right is reserved to the state of Idaho to audit all
43 funds of the commission at any time.
44 SECTION 14. That Section 22-4720, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 22-4720. DEPOSITS AND DISBURSEMENT OF FUNDS. (1) Immediately upon
47 receipt, all moneys received by the commission shall be deposited in one (1)
48 or more separate accounts in the name of the commission in one (1) or more
49 banks or trust companies approved under chapter 27, title 67, Idaho Code, as
50 state depositories. The commission shall designate the banks or trust compa-
51 nies. All funds so deposited are hereby continuously appropriated for the pur-
11
1 pose of carrying out the provisions of this chapter.
2 (2) Funds can be withdrawn or paid out of such accounts only upon checks
3 or other orders upon such accounts signed by two (2) officers designated by
4 the commission.
5 (3) The right is reserved to the state of Idaho to audit the funds of the
6 commission at any time.
7 (4) On or before January 15 of each year, the commission shall file with
8 the senate agricultural affairs committee, the house agricultural affairs com-
9 mittee, the legislative council, the state controller, and the division of
10 financial management, a report showing the annual income and expenses by stan-
11 dard classification of the commission during the preceding fiscal year. The
12 report shall also include an estimate of income to the commission for the cur-
13 rent and next fiscal year. From and after January 15, 1999, the report shall
14 also include a reconciliation between the estimated income and expenses pro-
15 jected and the actual income and expenses of the preceding fiscal year.
16 (5) All moneys received or expended by the commission shall be audited
17 annually by a certified public accountant designated by the commission, who
18 shall furnish a copy of the audit to the state controller director of legisla-
19 tive services and to the senate agricultural affairs committee and the house
20 agricultural affairs committee. The audit shall be completed within ninety
21 (90) days following the close of the fiscal year.
22 (6) The expenditures of the commission are expressly exempted from the
23 provisions of sections 67-2007 and 67-2008, Idaho Code.
24 SECTION 15. That Section 25-156, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 25-156. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
27 all grants, donations and gifts of funds from any source for expenditure for
28 any purpose consistent with this chapter which may be specified as a condition
29 of any grant, donation or gift, and all of the revenues received under the
30 provisions of section 25-159, Idaho Code, shall be deposited in one (1) or
31 more separate accounts in the name of the commission in one (1) or more banks
32 or trust companies approved under chapter 27, title 67, Idaho Code, as state
33 depositories. The commission shall designate such banks or trust companies.
34 All funds so deposited are hereby continuously appropriated for the purpose of
35 carrying out the provisions of this act chapter.
36 (2) Funds can be withdrawn or paid out of such accounts only upon checks
37 or other orders upon such accounts signed by two (2) officers designated by
38 the commission.
39 (3) The right is reserved to the state of Idaho to audit the funds of the
40 commission at any time.
41 (4) On or before January 15 of each year, the commission shall file with
42 the senate agricultural affairs committee, the house agricultural affairs com-
43 mittee, the legislative council, the state controller, and the division of
44 financial management, a report showing the annual income to the commission
45 during the preceding fiscal year. The report shall also include an estimate of
46 income to the commission for the current fiscal year and a projection of
47 anticipated expenses by category for the current fiscal year. The report shall
48 also include a reconciliation between the estimated income and expenses pro-
49 jected and the actual income and expenses of the preceding fiscal year.
50 (5) All moneys received or expended by the commission shall be audited
51 annually by a certified public accountant designated by the commission, who
52 shall furnish a copy of such audit to the state controller director of legis-
53 lative services and to the senate agricultural affairs committee and the house
12
1 agricultural affairs committee. The audit shall be completed within ninety
2 (90) days following the close of the fiscal year.
3 (6) The expenditures of the commission are expressly exempted from the
4 provisions of sections 67-2007 and 67-2008, Idaho Code.
5 SECTION 16. That Section 25-3112, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 25-3112. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
8 all moneys received by the commission shall be deposited in one or more sepa-
9 rate accounts in the name of the commission in one or more banks or trust com-
10 panies approved under chapter 27, title 67, Idaho Code, as state depositories.
11 The commission shall designate such banks or trust companies. All funds so
12 deposited are hereby continuously appropriated for the purpose of carrying out
13 the provisions of this chapter.
14 (2) Funds can be withdrawn or paid out of such accounts only upon checks
15 or other orders upon such accounts signed by two (2) officers designated by
16 the commission.
17 (3) The right is reserved to the state of Idaho to audit the funds of the
18 commission at any time.
19 (4) On or before January 15 of each year, the commission shall file with
20 the senate agricultural affairs committee, the house agricultural affairs com-
21 mittee, the legislative services office, the state controller, and the divi-
22 sion of financial management, a report showing the annual income and expenses
23 by standard classification of the commission during the preceding fiscal year.
24 The report shall also include an estimate of income to the commission for the
25 current and next fiscal year and a projection of anticipated expenses by cate-
26 gory for the current and next fiscal year. From and after January 15, 1989,
27 the report shall also include a reconciliation between the estimated income
28 and expenses projected and the actual income and expenses of the preceding
29 fiscal year.
30 (5) All moneys received or expended by the commission shall be audited
31 annually by a certified public accountant designated by the commission, who
32 shall furnish a copy of such audit to the state controller director of legis-
33 lative services and to the senate agricultural affairs committee and the house
34 agricultural affairs committee. The audit shall be completed within ninety
35 (90) days following the close of the fiscal year.
36 (6) The expenditures of the commission are expressly exempted from the
37 provisions of sections 67-2007 and 67-2008, Idaho Code.
38 SECTION 17. That Section 36-115, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 36-115. BIG GAME SECONDARY DEPREDATION ACCOUNT. (a) The big game second-
41 ary depredation account is hereby created in the state treasury. Moneys in the
42 account are subject to appropriation for the purposes recited in section
43 36-1108(b), Idaho Code, section 36-114(d), Idaho Code, section 36-1109 and
44 section 36-1110, Idaho Code. Moneys in the account shall be invested as pro-
45 vided in section 67-1210, Idaho Code, and interest earned on investment of
46 idle moneys in the account shall be paid to the account. The big game second-
47 ary depredation account shall be under the administrative direction of the
48 state controller administered by the director.
49 (b) In addition to any moneys appropriated to the account from other
50 sources, the state controller shall transfer the earned interest not to exceed
51 two hundred and fifty thousand dollars ($250,000) from the fish and game
13
1 account to the big game secondary depredation account each fiscal year until a
2 total of one million two hundred fifty thousand dollars ($1,250,000) has been
3 transferred to the account.
4 (c) The principal amount in the account shall not be appropriated, but
5 only the interest earned on investment of the moneys in the account shall be
6 available for appropriation. The state controller shall annually report to the
7 legislature, the division of financial management, the director of the depart-
8 ment of agriculture and the director of the department of fish and game the
9 amount of interest earnings and the availability of such earnings for appro-
10 priation. However, should the balance in the account ever exceed three million
11 dollars ($3,000,000), interest earnings that exceed the amount appropriated
12 for any fiscal year shall be transferred to the fish and game set-aside
13 account for habitat rehabilitation. Transferred funds shall be spent pursuant
14 to an appropriation for the set-aside account.
15 (d) Any payment for damages pursuant to sections 36-1108(b) and
16 36-114(d), Idaho Code, is limited by the following conditions and require-
17 ments:
18 1. The full amount of any approved claim will not be paid at the time of
19 approval, but shall be subject to the following conditions and require-
20 ments:
21 (A) The director of the department of fish and game may order not
22 more than one-third (1/3) of the amount of the approved claim that is
23 to be paid from the big game secondary depredation account to be paid
24 immediately, if, in the judgment of the director, such payment is
25 within the estimated total claims liability for that fiscal year from
26 the big game secondary depredation account.
27 (B) The balance of all unpaid approved claim amounts, including
28 claims submitted under the provisions of sections 36-1109 and
29 36-1110, Idaho Code, shall be accumulated to a total as of June 30.
30 If the balance in the big game secondary depredation account appro-
31 priation is sufficient to pay the balance of all approved claims, the
32 director shall pay them. If the balance is not sufficient to pay all
33 approved claims, the director shall authorize a proportionate amount
34 to be paid to each claimant. However, claims filed under section
35 36-1108, Idaho Code, shall have priority and will be paid prior to
36 claims filed under sections 36-1109 and 36-1110, Idaho Code.
37 (C) The director shall encumber the balance of moneys appropriated
38 from the big game secondary depredation account, or moneys sufficient
39 to pay the approved claims, whichever is the lesser.
40 2. Each claimant must submit a statement of total damages sustained per
41 occurrence. For each such statement, the following conditions and require-
42 ments apply:
43 (A) The amount of one thousand dollars ($1,000) must be deducted
44 from each such statement. This deductible is a net loss to the owner
45 or lessee, and will not be compensated for from either the big game
46 primary depredation account or from the big game secondary depreda-
47 tion account, but the owner or lessee is required to absorb only a
48 single one thousand dollar ($1,000) deductible per claim, whether the
49 claim is paid solely from the big game primary depredation account or
50 from both depredation accounts.
51 (B) Provided however, that for claims in subsequent and consecutive
52 years for damage to standing or stored crops in the same location as
53 the first occurrence, the one thousand dollar ($1,000) deductible
54 will be waived as provided in section 36-114(d)(2)(F), Idaho Code.
55 3. Each approved claim must contain a certification by the director of
14
1 the department of fish and game, or his designee, that:
2 (A) All statutory requirements leading up to approval for payment
3 have been met.
4 (B) The claimant has certified that he will accept the amount
5 approved as payment in full for the claim submitted, subject to the
6 conditions and requirements of this subsection.
7 (e) Any claim for damages pursuant to section 36-1109, Idaho Code, is
8 limited by the following conditions and requirements:
9 1. The full amount of any approved claim will not be paid at the time of
10 approval, but shall be subject to the following conditions and require-
11 ments:
12 (A) The director of the department of fish and game may order that
13 not more than one-third (1/3) of the amount of the approved claim to
14 be paid immediately, if, in the judgment of the director, such pay-
15 ment is within the estimated total claims liability for that fiscal
16 year from the big game secondary depredation account.
17 (B) The balance of all unpaid approved claim amounts shall be accu-
18 mulated to a total as of June 30. If the balance in the big game sec-
19 ondary depredation account appropriation is sufficient to pay all
20 approved claims, the director shall promptly pay them. If the balance
21 is not sufficient to pay the balance of all approved claims, the
22 director shall pay a proportionate share to each claimant. However,
23 claims filed under section 36-1108, Idaho Code, shall have priority
24 and will be paid prior to claims filed under sections 36-1109 and
25 36-1110, Idaho Code.
26 (C) The director shall encumber the balance of the appropriation, or
27 moneys sufficient to pay the approved claims, whichever is the
28 lesser.
29 2. Each claimant must submit a statement of total damages sustained per
30 occurrence. For each such statement, the following condition applies: the
31 amount of one thousand dollars ($1,000) must be deducted from each such
32 statement. Provided however, if an owner or caretaker suffers damage to or
33 destruction of livestock in more than one (1) occurrence during the fiscal
34 year, then only one (1) deductible must be subtracted from the claims and
35 the deductible on subsequent claims will be waived. This deductible is a
36 net loss to the owner or caretaker, and will not be compensated for from
37 the big game secondary depredation account.
38 3. Each approved claim must contain a certification by the director of
39 the department of fish and game, or his designee, that:
40 (A) All statutory requirements leading up to approval for payment
41 have been met.
42 (B) The claimant has certified that he will accept the amount
43 approved as payment in full for the claim submitted, subject to the
44 conditions and requirements of this subsection.
45 (f) Any claim for damages to forage pursuant to section 36-1110, Idaho
46 Code, is limited by the following conditions and requirements:
47 1. The full amount of any approved claim will not be paid at the time of
48 approval, but shall be subject to the following conditions and require-
49 ments:
50 (A) The director of the department of fish and game may order not
51 more than one-third (1/3) of the amount of the approved claim to be
52 paid immediately, if, in the judgment of the director, such payment
53 is within the estimated total claims liability for that fiscal year
54 from the big game secondary depredation account.
55 (B) The balance of all unpaid approved claim amounts shall be accu-
15
1 mulated to a total as of June 30. If the balance in the big game sec-
2 ondary depredation account appropriation is sufficient to pay all
3 approved claims, the director shall pay them. If the balance is not
4 sufficient to pay all approved claims, the director shall authorize a
5 proportionate amount to be paid to each claimant. However, claims
6 filed under section 36-1108, Idaho Code, shall have priority and will
7 be paid prior to claims filed under sections 36-1109 and 36-1110,
8 Idaho Code.
9 (C) The director shall encumber the balance of the appropriation, or
10 moneys sufficient to pay the approved claims, whichever is the
11 lesser.
12 2. Each claimant must submit a statement of total damages sustained per
13 occurrence. For such statement, the following conditions and requirements
14 apply:
15 (A) The amount of one thousand dollars ($1,000) must be deducted
16 from each statement. This deductible is a net loss to the owner or
17 lessee, and will not be compensated for from the big game secondary
18 depredation account.
19 (B) The total amount of all claims for damages to forage that may be
20 paid from the big game secondary depredation account shall not exceed
21 twenty-five percent (25%) of the amount of interest earned from
22 investments of moneys in that account in any one (1) fiscal year.
23 3. Each approved claim must contain a certification by the director of
24 the department of fish and game, or his designee, that:
25 (A) All statutory requirements leading up to approval for payment
26 have been met.
27 (B) The claimant has certified that he will accept the amount
28 approved as payment in full for the claim submitted, subject to the
29 conditions and requirements of this subsection.
30 SECTION 18. That Section 36-301, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 36-301. FORMS OF LICENSES -- PRINTING -- CHARGEABLE TO DIRECTOR. (a) Com-
33 puterized licensing system. The fish and game commission shall prescribe by
34 rule:
35 1. The procedures for the issuance of licenses and applications by a com-
36 puterized licensing system.
37 2. The criteria for authorizing a person as a license vendor. In develop-
38 ing the criteria, the commission shall consider the cost to the state to
39 install and maintain a license vendor and the public's need to be able to
40 reasonably obtain the necessary license. The criteria should include, but
41 are not limited to, the remoteness of the location; availability of
42 licenses in the area; angling and hunting supplies and services at the
43 location; distance to the next closest license vendor; and the number of
44 licenses issued at the location.
45 (b) Forms. The forms of the various fishing, hunting and trapping
46 licenses and related applications shall be determined by the director. The
47 director shall cause to be printed such number of blank authorize printing the
48 licenses and related applications as may be required from time to time and
49 shall supervise the selling of same throughout the state.
50 (c) Accountability. It is hereby made the duty of the state controller to
51 keep and maintain a record of the number of such licenses so printed, and to
52 hold tThe director shall manage the issuance of such licenses and be account-
53 able for same and for moneys received therefor.
16
1 SECTION 19. That Section 38-131, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 38-131. DEFICIENCY WARRANTS FOR EXCESS COSTS OF FIRE SUPPRESSION. In
4 event the actual cost for the control or suppression of forest fires in any
5 forest protective district exceeds in any one (1) year the maximum moneys
6 available for forest protection in that district from the forest protection
7 fund or any other special or general fund provided for that purpose, the state
8 board of land commissioners may authorize the issuance of deficiency warrants
9 for the purpose of defraying such excess costs and when so authorized the
10 state controller shall, after notice to the state treasurer, draw deficiency
11 warrants against the general fund.
12 SECTION 20. That Section 38-131A, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 38-131A. DEFICIENCY WARRANTS FOR COSTS OF FIRE SUPPRESSION ON STATE-OWNED
15 RANGE LANDS. The state board of land commissioners may authorize the issuance
16 of deficiency warrants for the purpose of paying the costs of fire suppression
17 on state-owned range lands whether or not said lands are adjacent to or
18 intermingled with forest lands. When so authorized, the state controller
19 shall, after notice to the state treasurer, draw deficiency warrants against
20 the general account fund.
21 SECTION 21. That Section 38-1517, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 38-1517. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
24 all moneys received by the commission shall be deposited in one (1) or more
25 banks or trust companies approved under chapter 27, title 67, Idaho Code, as
26 state depositories. The commission shall designate such banks or trust compa-
27 nies. All funds so deposited are hereby continuously appropriated for the pur-
28 pose of carrying out the provisions of this chapter.
29 (2) Funds can be withdrawn or paid out of such accounts only upon checks
30 or other orders upon such accounts signed by two (2) officers designated by
31 the commission when the amount of such payments exceeds two thousand dollars
32 ($2,000). Such designees may include the members of the staff of the commis-
33 sion.
34 (3) The right is reserved to the state of Idaho to audit the funds to the
35 commission at anytime any time.
36 (4) On or before January 15 of each year, the commission shall file with
37 the senate and house committees responsible for natural resources, the legis-
38 lative services office, the state controller, and the division of financial
39 management, a report showing the annual income and expenses by standard clas-
40 sification of the commission for the preceding year. The report shall also
41 include an estimate of income of the commission for the current and next fis-
42 cal year and a projection of anticipated expenses by category for the current
43 and next fiscal year. From and after January 15, 1994, the report shall also
44 include a reconciliation between the estimated income and expenses projected
45 and the actual income and expenses of the preceding year.
46 (5) All moneys received or expended by the commission shall be audited
47 annually by a certified public accountant designated by the commission, who
48 shall furnish a copy of such audit to the state controller director of legis-
49 lative services. The audit shall be completed within ninety (90) days follow-
50 ing the close of the fiscal year.
17
1 (6) The expenditures of the commission are expressly exempted from the
2 provisions of sections 67-2007 and 67-2008, Idaho Code.
3 SECTION 22. That Section 39-7110, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 39-7110. DEFICIENCY WARRANTS FOR REIMBURSEMENT OF RESPONSE COSTS. (1) The
6 military division shall review all claims for reimbursement and make recommen-
7 dations as to payment or nonpayment of the claims to the board of examiners
8 within one hundred twenty (120) days after termination of the hazardous sub-
9 stance incident. The board of examiners may authorize the issuance of defi-
10 ciency warrants for the purpose of reimbursing reasonable and documented costs
11 associated with emergency response actions taken pursuant to this chapter. The
12 costs associated with routine firefighting procedures shall not be reimburs-
13 able costs under this chapter.
14 (2) Deficiency warrants authorized by the board of examiners shall not
15 exceed the sum of one hundred thousand dollars ($100,000) for reimbursement of
16 all claims made as a result of a single hazardous substance incident. In the
17 event all claims for reimbursement for a single hazardous substance incident
18 exceeds the sum of one hundred thousand dollars ($100,000), the board of exam-
19 iners shall determine an appropriate and equitable basis of payment of reim-
20 bursements.
21 (3) Upon authorization of deficiency warrants by the board of examiners
22 in accordance with the provisions of this section, the state controller shall,
23 after notice to the state treasurer, draw deficiency warrants in the autho-
24 rized amounts against the general account fund.
25 (4) Nothing contained in this section shall be construed to change or
26 impair any right of recovery or subrogation arising under any other provisions
27 of law.
28 SECTION 23. That Section 40-715, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 40-715. TRANSFER OF SUMS ALLOCABLE TO COUNTIES, HIGHWAY DISTRICTS AND
31 CITIES -- DISBURSEMENT. It is the duty of the state controller to draw drafts
32 warrants upon the state treasury for the transfer of the distributive sums
33 allocable to the several counties, highway districts and cities, which drafts
34 warrants shall be made payable directly to the county treasurers, highway dis-
35 trict secretary or city clerk. The county treasurers shall deposit the moneys
36 in the county highway fund, highway district secretaries shall deposit the
37 moneys in the highway district road fund and the city clerk shall deposit the
38 moneys in the city street fund.
39 SECTION 24. That Section 42-1718, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 42-1718. REMEDIAL MEANS FOR PROTECTION OF LIFE AND PROPERTY. The director
42 shall immediately employ any remedial means necessary to protect life and
43 property if either:
44 (a) The condition of any dam, reservoir or mine tailings impoundment
45 structure is so dangerous to the safety of life or property as not to permit
46 time for the issuance and enforcement of an order relative to maintenance or
47 operation.
48 (b) Passing or imminent floods threaten the safety of any dam, reservoir
49 or mine tailings impoundment structure.
18
1 In applying the remedial means provided for in this act, the department
2 may in emergency do any of the following:
3 (a) Lower the water level by releasing water from the reservoir or lower
4 mine tailings slurry level by releasing slurry from the mine tailings impound-
5 ment structure.
6 (b) Completely empty the reservoir.
7 (c) Take such other steps as may be essential to safeguard life and prop-
8 erty.
9 The director shall continue in full charge and control of such dam or res-
10 ervoir, or both, or mine tailings impoundment structure, or all, and its
11 appurtenances, until they are rendered safe or the emergency occasioning the
12 action has ceased.
13 If the cost of the emergency remedial action by the director for the pro-
14 tection of life and property exceeds the amount of money appropriated from the
15 general fund specifically for that purpose, the additional costs may be
16 defrayed by the issuance of deficiency warrants as may be authorized by the
17 board of examiners. When so authorized, the state controller shall, after
18 notice to the state treasurer, draw deficiency warrants against the general
19 fund.
20 The cost and expenses of the remedial means provided in this act, includ-
21 ing cost of any work done to render a dam, reservoir or mine tailings impound-
22 ment structure or its appurtenances safe, shall be recoverable by the state
23 from the owner. If not paid within sixty (60) days of invoice, action may be
24 brought by the director in the district court of the district wherein the dam,
25 reservoir or mine tailings impoundment structure or any part thereof is situ-
26 ated. The funds recovered shall be returned to the general fund to offset the
27 amount of the deficiency warrant.
28 No action shall be brought by the state against the owner for pollution
29 which may occur in the event that the director orders emergency dumping or
30 bypassing.
31 SECTION 25. That Section 42-2807, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 42-2807. LANDS ASSESSED -- STATE LANDS. All lands directly benefited ben-
34 efitted by any irrigation or drainage project, or any irrigation or drainage
35 works established under this chapter, and all public or corporate roads or
36 railroads so benefited benefitted in whole or in part, shall be assessed in
37 proportion to the benefits for the construction thereof. All lands owned by
38 the state of Idaho benefited benefitted by such project may be assessed for
39 such benefit the same as taxable land, provided a notice of the filing of the
40 petition and of the time and place of hearing and notice of hearing shall have
41 first been served on the state controller state agency responsible for the
42 management of such state owned lands: provided, that instead of paying the
43 said assessments so levied against the state lands, the state may promptly
44 offer said state lands for sale at public sale in the manner provided by law,
45 and as rapidly as permitted by the provisions of the state constitution, until
46 the entire acreage of state land in such project shall have been sold and if
47 the state does not make appropriations for the payment of such assessments
48 against such state lands, then the sale of such state land, when made, shall
49 be made under contract requiring the purchaser as a condition to receiving
50 title to such lands from the state, or to receiving any contract right or
51 interest therein, to pay all assessments duly levied against such lands under
52 the provisions of this chapter, and to pay to the proper county officer at the
53 time of such sale such annual assessments as may have come due prior to the
19
1 time of such sale, with interest thereon as hereinafter provided, and to con-
2 tinue the payment of such assessments until title passes from the state to
3 such purchaser, which conveyance shall be made from the state to the purchaser
4 subject to the liens herein provided for.
5 SECTION 26. That Section 50-1047, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 50-1047. GENERAL PROVISIONS. Any ordinance assessing a tax pursuant to
8 this act shall contain a finding by the local governing body of the city based
9 upon evidence presented to it that the condition set forth in section 50-1044,
10 Idaho Code, exists and shall provide the methods for reporting and collecting
11 taxes due. Taxes collected pursuant to any such ordinance shall be remitted to
12 the city official designated in such ordinance or other such official con-
13 tracting, pursuant to this act, with the city to provide collection services,
14 and shall constitute revenue of the city available for any lawful corporate
15 purpose approved by city voters subject to the provisions of this act. In any
16 election, the ordinance submitted to city voters shall: (a) state and define
17 the specific tax to be approved; (b) state the exact rate of the tax to be
18 assessed; (c) state the exact purpose or purposes for which the revenues
19 derived from the tax shall be used; and (d) state the duration of the tax. No
20 tax shall be redefined, no rate shall be increased, no purpose shall be modi-
21 fied, and no duration shall be extended without subsequent approval of city
22 voters. An ordinance adopting any local-option nonproperty tax authorized by
23 this act may provide for separate identification of taxes as may be appropri-
24 ate. The city clerk of any city adopting an ordinance pursuant to this act
25 shall, immediately following approval of such ordinance, or any amendment
26 thereto, forward a copy of said ordinance or amendment to the state control-
27 ler, the chairman of the state tax commission, and the chairman of the state
28 board of tax appeals.
29 SECTION 27. That Section 50-2611, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 50-2611. USE OF REVENUE -- CONTRACTS TO ADMINISTER OPERATION OF DISTRICT.
32 The legislative authority of each city shall have sole discretion as to how
33 the revenue derived from the special assessments is to be used within the
34 scope of the purposes; however, the legislative authority may appoint existing
35 advisory boards or commissions to make recommendations as to its use, or the
36 legislative authority may create a new advisory board or commission for the
37 purpose.
38 The legislative authority may contract with a chamber of commerce or other
39 similar business association operating primarily within the boundaries of the
40 legislative authority to administer the operation of a business improvement
41 district, including any funds derived pursuant thereto; provided, that such
42 administration must comply with all applicable provisions of law including
43 this chapter, with all county or city resolutions and ordinances, and with all
44 regulations rules or procedures lawfully imposed by the state controller or
45 other state agencies.
46 SECTION 28. That Section 54-3607, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 54-3607. COMMISSION ACCOUNT. (1) The commission may accept tax receipts,
49 grants, donations and gifts of funds from any source for expenditure for any
20
1 purpose consistent with this act, which may be specified as a condition of any
2 grant, donation or gift. All funds received under the provisions of this act
3 or as provided by law shall be paid to the commission and shall be deposited
4 into a bank account in the name of the Idaho grape growers and wine producers
5 commission. Moneys in the bank account are continuously appropriated and made
6 available for defraying the expenses of the commission in carrying out the
7 provisions of this chapter. Immediately upon receipt, all moneys received by
8 the commission shall be deposited in one (1) or more separate accounts in the
9 name of the commission in one (1) or more banks or trust companies approved
10 under chapter 27, title 67, Idaho Code, as state depositories. The commission
11 shall designate such banks or trust companies. All funds so deposited are
12 hereby continuously appropriated for the purpose of carrying out the provi-
13 sions of this chapter.
14 (2) Funds can be withdrawn or paid out of such accounts only upon checks
15 or other orders upon such accounts signed by two (2) officers designated by
16 the commission.
17 (3) The right is reserved to the state of Idaho to audit the funds of the
18 commission at any time.
19 (4) On or before January 15 of each year, the commission shall file with
20 the senate agricultural affairs committee, the house agricultural affairs com-
21 mittee, the legislative council, the state controller, and the division of
22 financial management, a report showing the annual income and expenses by stan-
23 dard classification of the commission during the preceding fiscal year. The
24 report shall also include an estimate of income to the commission for the cur-
25 rent and next fiscal year and a projection of anticipated expenses by category
26 for the current and next fiscal year. From and after January 15, 1989, the
27 report shall also include a reconciliation between the estimated income and
28 expenses projected and the actual income and expenses of the preceding fiscal
29 year.
30 (5) All moneys received or expended by the commission shall be audited
31 annually by a certified public accountant designated by the commission, who
32 shall furnish a copy of such audit to the state controller director of legis-
33 lative services and to the senate agricultural affairs committee and the house
34 agricultural affairs committee. The audit shall be completed within ninety
35 (90) days following the close of the fiscal year.
36 (6) The expenditures of the commission are expressly exempted from the
37 provisions of sections 67-2007 and 67-2008, Idaho Code.
38 SECTION 29. That Section 58-1408, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 58-1408. DUTIES AND POWERS OF THE COMMISSION. (1) Consistent with the
41 general purposes of this chapter, the commission shall establish the policies
42 to be followed in the accomplishments of such purposes.
43 (2) In the administration of the provisions of this chapter, the commis-
44 sion shall, in conjunction and cooperation with other entities which represent
45 the livestock grazing industry, have the following duties, authorities and
46 powers.
47 (a) Conduct research and surveys to determine public attitudes and levels
48 of knowledge regarding rangeland management and the livestock grazing
49 industry;
50 (b) Design educational campaigns and other needed efforts to provide the
51 public with accurate information regarding the management of Idaho's
52 rangelands and the livestock grazing industry;
53 (c) Be an advocate for the proper management of Idaho's rangelands and
21
1 for a healthy livestock grazing industry in the state;
2 (d) Be a source of accurate and timely data regarding the rangeland
3 resource and the livestock grazing industry;
4 (e) Make projections regarding availability of forage, new or existing
5 products and markets, and other biological or social trends which might
6 affect rangeland management or the livestock grazing industry in Idaho;
7 and
8 (f) Cooperate with any local, state or national organization or agency,
9 whether voluntary or created by the law of any state or by national law,
10 engaged in work or activities similar to the work and activities of the
11 commission, and to enter into contracts and agreements with such organiza-
12 tions or agencies for carrying on a joint campaign of research, education
13 and publicity.
14 (3) The commission shall also have the duty, power and authority:
15 (a) To take such actions as the commission deems necessary or advisable
16 to stabilize and protect the livestock grazing industry of the state and
17 the health and welfare of the public;
18 (b) To enter into such contracts as may be necessary or advisable;
19 (c) To appoint and employ officers, agents and other personnel, including
20 experts in publicizing rangeland management or the livestock grazing
21 industry, and to prescribe their duties and fix their compensation;
22 (d) To sue and be sued as a board, without individual liability of the
23 board members, when the board is acting within the scope of the powers of
24 the board;
25 (e) To make use of such advertising means and methods as the commission
26 deems advisable and to enter into contracts and agreements for research
27 and advertising within the state;
28 (f) To lease, purchase or own the real or personal property deemed neces-
29 sary in the administration of the provisions of this chapter;
30 (g) To prosecute in the name of the state of Idaho any suit or action for
31 collection of any assessment provided for in this chapter;
32 (h) To adopt, rescind, modify and amend all necessary and proper orders,
33 resolutions and regulations for the procedure and exercise of its powers
34 and the performance of its duties;
35 (i) To incur indebtedness and carry on all business activities; and
36 (j) To keep books and records and accounts of all its doings, which
37 books, records and accounts shall be audited by the legislative services
38 office as well as open to the inspection and audit by the state auditor
39 and public at all times by the state controller and the public.
40 SECTION 30. That Section 58-1415, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 58-1415. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
43 all moneys received by the commission shall be deposited in one (1) or more
44 banks or trust companies approved under chapter 27, title 67, Idaho Code, as
45 state depositories. The commission shall designate such banks or trust compa-
46 nies. All funds so deposited are hereby continuously appropriated for the pur-
47 pose of carrying out the provisions of this chapter.
48 (2) Funds can be withdrawn or paid out of such accounts only upon checks
49 or other orders upon such account signed by two (2) officers designated by the
50 commission when the amount of such payments exceeds two thousand dollars
51 ($2,000). Such designees may include the members of the staff of the commis-
52 sion.
53 (3) The right is reserved to the state of Idaho to audit the funds of the
22
1 commission at anytime any time.
2 (4) On or before January 15 of each year, the commission shall file with
3 the senate and house committees responsible for natural resources, the direc-
4 tor of legislative budget office services, the state auditor controller, and
5 the division of financial management, a report showing the annual income and
6 expenses by standard classification of the commission for the preceding year.
7 The report shall also include an estimate of income of the commission for the
8 current and next fiscal year and a projection of anticipated expenses by cat-
9 egory for the current and next fiscal year. From and after January 15, 1994,
10 the report shall also include a reconciliation between the estimated income
11 and expenses projected and the actual income and expenses of the preceding
12 year.
13 (5) All moneys received or expended by the commission shall be audited
14 annually by a certified public accountant designated by the commission, who
15 shall furnish a copy of such audit to the state auditor director of legisla-
16 tive services. The audit shall be completed within ninety (90) days following
17 the close of the fiscal year.
18 (6) The expenditures of the commission are expressly exempted from the
19 provisions of sections 67-2007 and 67-2008, Idaho Code.
20 SECTION 31. That Section 59-1105, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 59-1105. CONTRIBUTIONS FROM LOCAL ENTITIES. Under rules and regulations
23 policies and procedures to be prescribed by the state controller, each munici-
24 pal corporation, political subdivision, drainage or irrigation district, here-
25 inafter referred to as public employer, coming within the provisions of this
26 chapter, shall remit to the state controller the amounts required to be with-
27 held from the salary or wages of each officer and employee together with the
28 matching contribution of such public employer and any interest or penalties
29 imposed for late remittances, in the manner and form prescribed by the state
30 controller. Such moneys shall be deposited in the social security trust
31 account.
32 In case any public employer does not make, at the time or times due, the
33 payments provided for under an agreement pursuant to this section, there shall
34 be added, as part of the amounts due, interest at the rate of six percent (6%)
35 per annum from the date due until paid plus a penalty of six percent (6%) and
36 the state controller may, at his discretion, deduct any delinquent amounts
37 including interest and penalty from any funds or moneys due such delinquent
38 public employer as may be in the possession of the state treasurer, and credit
39 the same to the social security trust account.
40 If any public employer is delinquent in the payment of any moneys required
41 to be paid under the provisions of this chapter, and is so delinquent for more
42 than thirty (30) days, the state controller shall so notify the board of
43 county commissioners who shall thereupon order the county treasurer to with-
44 hold the equivalent amount of such moneys as are delinquent, together with the
45 equivalent amount of any penalty or interest which may be due as a result of
46 such delinquency, from any funds or moneys due such delinquent public employer
47 as may be in the possession of the county treasurer, and to pay the same over
48 to the state controller, for the credit of the social security trust account.
49 SECTION 32. That Section 59-1108, Idaho Code, be, and the same is hereby
50 amended to read as follows:
51 59-1108. RECEIPTS OF STATE TRUST FUND. Collections into said fund shall
23
1 be paid into said fund under such rules policies and procedures as shall be
2 prescribed by the state controller, and shall consist of all moneys received
3 from the various political subdivisions of the state, all state contributions
4 for participation in the Federal Old Age and Survivors Insurance program, and
5 all taxes collected from employees covered by said program.
6 SECTION 33. That Section 61-1008, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 61-1008. EXPENDITURE -- PUBLIC UTILITIES COMMISSION FUND -- CREATION --
9 APPROPRIATION -- DISPOSITION OF SURPLUS. (1) At each regular session, the leg-
10 islature shall determine the amount of money that may be expended by the pub-
11 lic utilities commission during the next ensuing fiscal year.
12 (2) The state treasurer shall be custodian of the "public utilities com-
13 mission fund," into which shall be paid and deposited all funds accruing or
14 received under any and all provisions of this chapter, and all fees, licenses,
15 charges, assessments, fines and penalties, now or hereafter payable to, col-
16 lected or recovered by the commission under any other law of this state, and
17 all funds otherwise appropriated or made available to said fund. All moneys
18 from whatever source accruing to and received into said fund are hereby appro-
19 priated, within the limits of funds determined therefor by the legislature,
20 for the payment of the administrative and maintenance expenses of the commis-
21 sion, including salaries and wages of the commissioners and employees, travel,
22 supplies, equipment, fixed charges, refunds of fees and all other necessary
23 expenses of the commission, not otherwise provided for. Moneys shall be paid
24 out of the public utilities commission fund by the state treasurer only upon
25 claim vouchers prepared and approved by the commission, certified by the
26 president of the commission to the state controller who, after audit review as
27 provided by law, shall draw his warrant against the public utilities commis-
28 sion fund for all such claims.
29 (3) Any moneys chapter remaining in the public utilities commission fund
30 at the end of any fiscal year, shall be retained in said fund for the use of
31 the commission for the purposes specified in this chapter. Remaining funds
32 shall be credited ratably by the commission to the respective railroad corpo-
33 rations and other public utilities chapter according to the respective por-
34 tions of such fees determined hereunder to be assessable against each such
35 railroad corporation and other public utility, respectively, for the ensuing
36 fiscal year. The respective fee assessed against each railroad corporation and
37 public utility for such ensuing fiscal year shall be correspondingly reduced;
38 provided that, only moneys paid under the provisions of this chapter by rail-
39 road corporations and other public utilities shall be considered in determin-
40 ing the surplus to be so credited by the commission.
41 SECTION 34. That Section 63-3202, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 63-3202. PROCEDURE FOR ISSUANCE OF NOTES. (1) Whenever the state trea-
44 surer shall deem it to the best interests of the state of Idaho to issue state
45 of Idaho tax anticipation notes, as provided in section 63-3201, Idaho Code,
46 the state treasurer shall make written application to the state board of exam-
47 iners, stating the amount of state of Idaho tax anticipation notes the state
48 treasurer deems advisable to issue. Upon approval of the state board of exam-
49 iners by order or resolution duly entered on the minutes of the state board of
50 examiners, the state treasurer shall issue the tax anticipation notes in
51 accordance with the provisions of this chapter.
24
1 (2) Prior to the public issuance and public sale of any tax anticipation
2 note, the state treasurer shall prepare a written plan of financing which
3 shall be filed in the office of the governor. The plan of financing shall pro-
4 vide for the terms and conditions under which the tax anticipation notes shall
5 be issued, sold and delivered, the taxes to be anticipated, the maximum amount
6 of tax anticipation notes which may be outstanding at any one time under the
7 plan of financing, the sources of payment of the tax anticipation notes issued
8 pursuant to the plan of financing, which may include the proceeds of sale of
9 notes issued to refund outstanding tax anticipation notes and to pay accrued
10 interest thereon, and all other details necessary in connection with the issu-
11 ance, sale and delivery of the tax anticipation notes. The plan of financing
12 shall specify a method pursuant to which the interest rate or rates on the tax
13 anticipation notes may be determined during the time the tax anticipation
14 notes are outstanding and shall also set forth the maximum interest rate which
15 the tax anticipation notes may bear.
16 (3) The tax anticipation notes shall bear interest, shall be in the form,
17 shall be executed in the manner, shall be payable, shall be sold in the manner
18 and at prices, either at, in excess of, or below the face value thereof, and
19 generally shall be issued in the manner and with the details as shall be set
20 forth in an order of the state treasurer, all in conformity with any applica-
21 ble plan of financing and with this chapter.
22 (4) Each tax anticipation note shall recite that it is a valid and bind-
23 ing obligation of the state of Idaho and that the faith and credit of the
24 state of Idaho is solemnly pledged for the payment of the principal of and
25 interest thereon in accordance with its terms and the constitution and laws of
26 the state of Idaho.
27 (5) Each tax anticipation note shall be registered prior to issuance
28 recorded in the office of the state controller. and a legend to that effect
29 shall appear on each tax anticipation note.
30 (6) Immediately upon the completion of any sale, the state treasurer
31 shall make a verified return of said sale to the state controller, specifying
32 the amount of notes sold, the person or persons to whom said notes were sold
33 and the price, terms and conditions of the sale. Immediately upon the sale of
34 any tax anticipation notes, the state treasurer shall credit the proceeds of
35 sale, other than accrued interest, to the general account of the state operat-
36 ing fund of the state.
37 SECTION 35. That Section 66-118, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 66-118. POWERS AND DUTIES OF THE BOARD -- HOSPITALS MANAGED BY -- ANNUAL
40 REPORT. The board shall have complete authority to manage and operate the
41 State Hospital North, at Orofino; the State Hospital South, at Blackfoot; the
42 Idaho State School and Hospital at Nampa; with authority to establish profes-
43 sional standards of qualifications for doctors, nurses, superintendents, gen-
44 eral managers, farm managers, attendants, and all other personnel and may
45 employ a general business manager for each of said hospitals, and hospital
46 personnel at said hospitals and medical superintendents for each of said hos-
47 pitals, at its discretion, or a superintendent, or director, or manager who
48 may be over all hospitals. The board shall have complete authority to, or it
49 is the duty of the board:
50 (a) To make rules and regulations for the government of said hospitals
51 and to define the duties of all employees; provided, that the members of the
52 board shall not be personally liable for any act of any employee done in
53 violation of any law, or contrary to any rule or regulation of the board; nor
25
1 shall any administrative employee of the board be responsible for the act of
2 any other employee done in violation of any laws of the state, or rule or reg-
3 ulation of the board, or order of the administrative employee;
4 (b) To receive, take and hold property, both real and personal, in trust
5 for the state and for the use and benefit of such hospitals;
6 (c) To visit each of said hospitals at such times as it deems necessary
7 and to keep itself advised of all expenses and the condition of buildings and
8 property, the safety and treatment of patients, and require the general man-
9 ager or superintendent to make periodic reports as to the condition of each
10 hospital and treatment of the patients;
11 (d) To require the keeping of a complete and accurate set of books of
12 each hospital in accordance with the accounting required of other institutions
13 of the state; to examine and audit the expenditures of each hospital and to
14 certify the same to the state controller. The board shall require that all
15 itemized bills, purchases and other expenditures made, must be examined and
16 approved by the head of the hospital making such purchases or expenditures and
17 then the same must be certified by the board, and transmitted to the state
18 controller to be audited reviewed and allowed in the same manner as other
19 accounts against the state are audited reviewed and allowed. When allowed the
20 state controller must draw his warrant on the state treasurer for the amount
21 so audited reviewed and allowed, and the state treasurer is hereby authorized
22 and required to pay the same out of any money in the state treasury appropri-
23 ated therefor;
24 (e) To make regulations rules and fix the terms and conditions of payment
25 of costs of care and treatment of mentally ill persons who are not indigent or
26 who are not residents of the state, who are admitted to said State Hospital
27 North, State Hospital South, or Idaho State School and Hospital, all receipts
28 from such persons to be paid into the state treasury and credited to salaries
29 and wages, other current expense, or capital outlay of the general fund of the
30 remitting hospital, at the discretion of the board;
31 (f) To enter into reciprocal agreements with similar boards of other
32 states for the transfer of residents of those states, who have been involun-
33 tarily hospitalized to any of the aforesaid hospitals in this state, or the
34 transfer of Idaho residents, who have been involuntarily hospitalized to simi-
35 lar hospitals in those states, to the appropriate hospital in this state;
36 (g) To recognize that or to proceed on the fact that any order of invol-
37 untary hospitalization of an Idaho resident, by judicial action of another
38 state, shall be sufficient for admitting such resident, without further judi-
39 cial action in this state, to a similar hospital in this state;
40 (h) To remove patients in case of necessity, or when they feel it is for
41 the betterment of the patient's welfare, to an appropriate place at the dis-
42 cretion of the board, and to make necessary negotiations to carry out such a
43 procedure;
44 (i) To purchase insurance for any of the medical staff in any of the hos-
45 pitals against liability for alleged malpractice by reason of any act, or
46 omission, while in the service of the state of Idaho;
47 (j) To remove and transfer from one (1) state hospital to another, or
48 from a state hospital to a private hospital, or to a hospital of another
49 state, or other government agency, any person confined therein, for the pur-
50 pose of grouping together classes of mentally ill persons, or to give them
51 better medical aid and care;
52 (k) To report to the governor each year, a statement of receipts and
53 expenditures, the condition of each hospital, the number of patients under
54 treatment at each hospital during the preceding year and such other matters as
55 may be pertinent, and to make an annual report to the governor in substan-
26
1 tially the same manner on or before the 1st day of December prior to each reg-
2 ular session of the legislature;
3 (l) To delegate to the head of the hospital, or to a director or superin-
4 tendent, or manager of all hospitals the powers and duties vested by law in
5 the board, at its discretion;
6 (m) To initiate, create, or promote procedures, policies and practices
7 either as a body or in cooperation with other governmental departments or
8 agencies for the general welfare and betterment of the mental health of the
9 people of the state of Idaho.
10 SECTION 36. That Section 67-412, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 67-412. ALLOWANCE FOR MEMBERS. (1) From and after December 1, 1976, a
13 member of the legislature of the state of Idaho who, while serving during any
14 session of the legislature, and a lieutenant-governor while performing his
15 duties as president of the senate who maintains a second home in Ada County
16 during such period shall receive an allowance of forty dollars ($40.00) per
17 day while away from home during such period for his away from home expenses.
18 Such expenses shall be allowed for one (1) extra day prior to and immediately
19 following each session of the legislature.
20 (2) A member of the legislature and a lieutenant-governor of the state of
21 Idaho who does not maintain a second residence in Ada County during any legis-
22 lative session, but who commutes to the legislative sessions from his home,
23 shall be reimbursed for actual travel expenses necessarily incurred in travel-
24 ing to and from the legislature at the rate per mile allowed by the board of
25 examiners for official travel, not to exceed one (1) round trip per day and
26 not to exceed ten dollars ($10.00) total expenses per day, during each day of
27 the legislative session, including each day after December 1, 1976, which
28 expenses shall be accounted for to the presiding officer of the legislative
29 body in which the member serves, and shall additionally receive the sum of
30 thirty dollars ($30.00) per day as expenses for board, necessary committee
31 expenses, and the necessary expenses of maintaining the office of a legisla-
32 tor.
33 (3) The legislature of the state of Idaho further finds and declares that
34 in the discharge of their official duties it is important that legislators
35 return to their legislative districts on occasion during the term of each leg-
36 islative session to confer and consult with their constituents concerning
37 pending legislation. Therefore, commencing January 11, 1971, in addition to
38 the travel expenses allowed in section 23, article 3 III of the Idaho
39 Cconstitution, each member of the legislature shall be reimbursed for actual
40 expenses necessarily incurred in travel to and from his home legislative dis-
41 trict on four (4) occasions during each regular legislative session. Reim-
42 bursement shall be upon voucher submitted in the usual form.
43 (4) The legislature of the state of Idaho finds and declares that to
44 enable the legislature to carry out its constitutional duties and to function
45 responsibly and effectively as an independent branch of state government, its
46 members are required during periods when the legislature is not in session, to
47 meet and correspond with officials of the departments and agencies of the
48 executive and judicial branches of state government and local governments as
49 well as individual constituents and groups of constituents concerning state
50 and area problems and concerns, proposed legislation, existing laws, and to
51 study and prepare proposed legislation. To offset the expense incurred in per-
52 forming such services and maintaining the office of legislator, each member of
53 the forty-fourth legislature of the state of Idaho, and each member of subse-
27
1 quent legislatures, shall receive for legislative expenses and for the expense
2 of maintaining the office of legislator while the legislature is not in ses-
3 sion, the sum of five dollars ($5.00) per day during each day the legislature
4 is not in session. This expense allowance shall be paid in regular
5 installments as determined by the state auditor controller and shall be in
6 addition to all other compensation, either as per diem or expense, paid to any
7 member of the legislature under the previous subsections or as an officer or
8 member of any council, board, commission or other agency or instrumentality of
9 the state of Idaho.
10 (5) Members of the legislature shall receive the same per diem allowances
11 and be reimbursed for actual expenses necessarily incurred in attending meet-
12 ings or performing services previously authorized by the legislature and held
13 during the interim between legislative sessions in the same manner and in the
14 same amounts as is are provided for members of the legislative council,
15 including each day so spent after December 1, 1976.
16 SECTION 37. That Section 67-1004, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 67-1004. SEAL OF OFFICE -- CERTIFIED COPIES OF DOCUMENTS AS EVIDENCE. The
19 state controller must, in addition to his original handwritten signature, keep
20 a seal of office or sign, or and use a facsimile signature, or electronic sig-
21 nature for the authentication of all papers, writings, and documents required
22 by law to be certified by him, and copies so authenticated and certified, of
23 all papers and documents lawfully deposited in his office, must be received in
24 evidence as the original.
25 SECTION 38. That Section 67-1024, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 67-1024. REGULATING CLAIMS REQUIRING PAYMENT IN ADVANCE. When an expendi-
28 ture authorized to be made by any state department, body or officer is of such
29 a nature as to require payment in advance of performance or delivery, then the
30 right of the officer to obtain such service or property on behalf of or in the
31 service of the state shall constitute a claim against the state to be pre-
32 sented and allowed as are other claims. The board of examiners may, in its
33 discretion, prescribe rules policies and procedures with respect to the filing
34 and allowance of such claims and the subsequent accounting therefor. Any money
35 obtained upon such claim and not expended on behalf of or in the service of
36 the state shall be repaid by the claimant to the state.
37 SECTION 39. That Section 67-1041, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 67-1041. VOUCHERS AND ACCOUNTS PRESERVED. Evidence of all accounts,
40 vouchers, and/or documents settled, or to be settled, by the state controller
41 or board of examiners must be preserved in his office for not less than two
42 (2) years, and copies thereof, authenticated by the official seal of the state
43 controller, shall be given to any person interested therein who requires the
44 same. After the legislative council has indicated no further need, such
45 records may be disposed of unless a specific written request for further
46 retention has been made to the state controller.
47 SECTION 40. That Section 67-1081, Idaho Code, be, and the same is hereby
48 amended to read as follows:
28
1 67-1081. SUBMISSION OF ANNUAL FINANCIAL STATEMENT TO STATE CONTROLLER BY
2 ALL TAXING UNITS OF GOVERNMENT -- RULES POLICIES. (1) When requested in addi-
3 tion to any other statement of financial condition required by law, the audi-
4 tor of every county, and the treasurer of any other taxing unit of government,
5 shall submit to the state controller an annual financial report, under oath,
6 as in this act provided. The state controller shall formulate rules policies
7 necessary hereunder.
8 (2) The state controller shall report to the prosecuting attorney, the
9 refusal or neglect of county officers to obey his instructions. The prosecut-
10 ing attorney, in case of county or municipal officers, shall promptly take
11 action to enforce a compliance with such instructions of the state controller.
12 SECTION 41. That Section 67-1102, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 67-1102. RECEIPTS AND DISBURSEMENTS -- CLASSIFICATION -- TABULATION BY
15 CALENDAR MONTHS. It shall be the duty of the state controller to classify,
16 according to the aforesaid standards, all remittances received into the state
17 treasury and all disbursements authorized therefrom, and to tabulate the same
18 by calendar months from original controller's certificates and data on file in
19 his office.
20 SECTION 42. That Section 67-1103, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 67-1103. CERTIFICATES AND CLAIM VOUCHERS TO CONTAIN DATA ESSENTIAL TO
23 CLASSIFICATION. The state controller shall not issue any certificate authoriz-
24 ing the treasurer to receive money record the receipt, nor file any claim
25 voucher for disbursement, until all data essential for classification purposes
26 regarding such document is set forth on such document in accordance with the
27 policies and procedures of the state controller.
28 SECTION 43. That Section 67-1209, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 67-1209. SUSPENSE ACCOUNT. Any state officer, department, board or insti-
31 tution having or receiving money in trust or for safe-keeping safekeeping
32 pending its final disposition or distribution shall deposit the same in the
33 state treasury in a special suspense account from which it may be withdrawn or
34 distributed under rules promulgated by policies and procedures of the state
35 controller.
36 SECTION 44. That Section 67-1610, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 67-1610. CAPITOL PERMANENT ENDOWMENT FUND. There is hereby created a per-
39 manent fund within the state treasury to be known as the capitol permanent
40 endowment fund, consisting of, from this point forward: (a) the proceeds of
41 the sale of lands granted to the state of Idaho for the purpose of facilitat-
42 ing the construction, repair, furnishing and improvement of public buildings
43 at its capitol by an Act of Congress (26 Stat. L. 214, ch. 656 (1890) (as
44 amended)) entitled "An Act to Provide for the Admission of the State of Idaho
45 into the Union," comprising thirty-two thousand (32,000) acres, or any portion
46 thereof, or mineral therein; (b) all unappropriated and unencumbered moneys in
47 the public building fund shown on the state controller's chart of accounts as
29
1 Fund No. 0481-09 the capitol permanent endowment fund; (c) retained earnings
2 to compensate for the effects of inflation; and (d) legislative appropria-
3 tions. The fund shall be managed by the endowment fund investment board in
4 accordance with chapter 5, title 68, Idaho Code. All realized earnings shall
5 be credited to the capitol endowment income fund creation created in section
6 67-1611, Idaho Code.
7 SECTION 45. That Section 67-3610, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 67-3610. UNIVERSITY OF IDAHO -- ANNUAL AUDITED FINANCIAL STATEMENT. As a
10 condition to availability of appropriations made to it, and to institutions
11 and activities under its control or supervision, the state board of education
12 and board of regents of the University of Idaho shall file with the state con-
13 troller on or before the 20th day of January of each year for the preceding
14 fiscal year a date mutually agreed upon by the state controller and the state
15 board of education and board of regents of the university of Idaho, an audited
16 financial statement showing receipt of moneys from state and federal appropri-
17 ations, endowment funds, local and institutional incomes, or from any other
18 source, made to it and to institutions and activities under its control or
19 supervision.
20 SECTION 46. That Section 67-7409, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 67-7409. POWERS AND DUTIES OF THE DIRECTOR. The director shall be respon-
23 sible for the daily operations of the lottery, and shall have the following
24 duties, powers and responsibilities in addition to others herein granted:
25 (1) The director shall:
26 (a) Operate and administer the lottery in accordance with the provisions
27 of this act chapter and the policies, and rules and regulations of the
28 lottery;
29 (b) Appoint deputy directors, sales personnel and security staff, who
30 shall be exempt from the provisions of chapter 53, title 67, Idaho Code,
31 as may be required to carry out the functions and duties of his office;
32 and
33 (c) Hire professional, technical and other employees as may be necessary
34 to perform the duties of his office subject to the provisions of chapter
35 53, title 67, Idaho Code.
36 (2) The director shall:
37 (a) Confer regularly with the commission on the operation and administra-
38 tion of the lottery;
39 (b) Make available for inspection by the commission, on request, all
40 books, records, files, and other information and documents of the lottery;
41 and
42 (c) Advise the commission and make such recommendations as the director
43 considers necessary and advisable to improve the operation and administra-
44 tion of the lottery.
45 (3) The director may enter into contracts for marketing, advertising,
46 promotion, research and studies for the lottery and for products and services
47 for effectuating the purposes of this chapter, however, contracts for major
48 procurements must be approved by the commission. The director may not enter
49 into contracts for the administration of the lottery.
50 (4) The director shall:
51 (a) Submit quarterly financial statements to the commission, the gover-
30
1 nor, the state treasurer, and the legislature. Such financial statements
2 shall be prepared in accordance with generally accepted accounting princi-
3 ples and shall include a balance sheet, a statement of operations, a
4 statement of changes in financial position, and related footnotes. Such
5 financial statements are to be provided within forty-five (45) days of the
6 last day of each quarter;
7 (b) Submit annual financial statements to the commission, the governor,
8 the state treasurer, and each member of the legislature. Such financial
9 statements shall be prepared in accordance with generally accepted
10 accounting principles and shall include a balance sheet, a statement of
11 operations, a statement of changes in financial position, and related
12 footnotes. Such financial statements shall have been examined by the state
13 controller legislative services office or a firm of independent certified
14 public accountants in accordance with generally accepted auditing stan-
15 dards and shall be provided within ninety (90) days of the last day of the
16 lottery's fiscal year;
17 (c) Report to the governor and the legislature any matters which require
18 immediate changes in the laws of this state in order to prevent abuses and
19 evasions of this act chapter or the rules and regulations of the lottery
20 or to rectify undesirable conditions in connection with administration or
21 operation of the lottery;
22 (d) Carry on a continuous study and investigation of the lottery to:
23 (i) Identify any defects in the provisions of this chapter or in
24 the rules and regulations of the commission leading to an abuse in
25 the administration or operation of the lottery or an evasion of this
26 act or the rules and regulations of the lottery;
27 (ii) Make recommendations for changes in this chapter or the rules
28 and regulations of the lottery to prevent abuses or evasions or to
29 improve the efficiency of the lottery;
30 (iii) Ensure that the provisions of this chapter and the rules and
31 regulations of the lottery are administered and formulated to serve
32 the purposes of this chapter;
33 (iv) Prevent the use of the lottery, the provisions of this chapter,
34 or the rules and regulations of the lottery from fostering profes-
35 sional gambling or crime;
36 (e) Make a continuous study and investigation of:
37 (i) The operation and administration of similar laws and lotteries
38 in other states and countries;
39 (ii) The available information on the subject of lotteries and
40 related subjects;
41 (iii) Any federal laws which may affect the operation of the lottery;
42 and
43 (iv) The reaction of citizens of this state to existing and poten-
44 tial features of the lottery with a view to recommending or effecting
45 changes that will tend to serve the purposes of this chapter.
46 (5) The director shall provide for secure lottery facilities and lottery
47 systems, including data processing facilities and systems.
48 (6) The director shall be responsible for monitoring class III gaming on
49 Indian reservations as may be required by compacts entered into by the state
50 in accordance with state statutory law and pursuant to the Indian Gaming Regu-
51 latory Act, 25 U.S.C. section 2701 et seq. and 18 U.S.C. sections 1166-1168.
52 (7) The director shall perform all other acts necessary to carry out the
53 purposes and provisions of this chapter.
54 SECTION 47. That Section 67-8305, Idaho Code, be, and the same is hereby
31
1 amended to read as follows:
2 67-8305. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
3 all moneys received by the institute shall be deposited in one (1) or more
4 separate accounts in the name of the institute in one (1) or more banks or
5 trust companies approved under chapter 27, title 67, Idaho Code, as state
6 depositories. The institute shall designate such banks or trust companies. All
7 funds so deposited are hereby continuously appropriated for the purpose of
8 carrying out the provisions of this chapter.
9 (2) Funds can be withdrawn or paid out of such accounts only upon checks
10 or other orders upon such accounts signed by two (2) officers designated by
11 the institute.
12 (3) The right is reserved to the state of Idaho to audit the funds of the
13 institute at any time.
14 (4) On or before January 15 of each year, the institute shall file with
15 the senate agricultural affairs committee, the house agricultural affairs com-
16 mittee, the legislative services office, the state controller, and the divi-
17 sion of financial management, a report showing the annual income and expenses
18 by standard classification of the institute during the preceding fiscal year.
19 The report shall also include an estimate of income to the institute for the
20 current and next fiscal year and a projection of anticipated expenses by cate-
21 gory for the current and next fiscal year. From and after January 15, 1998,
22 the report shall also include a reconciliation between the estimated income
23 and expenses projected and the actual income and expenses of the preceding
24 fiscal year.
25 (5) All moneys received or expended by the institute shall be audited
26 annually by a certified public accountant designated by the institute, who
27 shall furnish a copy of such audit to the state controller director of legis-
28 lative services and to the senate agricultural affairs committee and the house
29 agricultural affairs committee. The audit shall be completed within ninety
30 (90) days following the close of the fiscal year.
31 (6) The expenditures of the institute are expressly exempted from the
32 provisions of sections 67-2007 and 67-2008, Idaho Code.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
Moved by Clark
Seconded by Miller
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO H.B. NO. 89
1 AMENDMENT TO SECTION 29
2 On page 21 of the printed bill, in lines 37 and 38, delete "audited by the
3 legislative services office as well as".
4 AMENDMENTS TO THE BILL
5 On page 12, delete lines 38 through 51, delete pages 13 and 14, and on
6 page 15, delete lines 1 through 29, and renumber subsequent sections of the
7 bill accordingly.
8 CORRECTIONS TO TITLE
9 On page 1, in line 22, following "CONTROLLER;" delete the remainder of the
10 line, delete all of lines 23 and 24, and in line 25, delete "MENT TO ADMINIS-
11 TER THE ACCOUNT;"; and on page 2, in line 4, following "REQUIRE" delete the
12 remainder of the line, and in line 5, delete "TIVE SERVICES AND".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 89, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE POWERS AND DUTIES OF THE STATE CONTROLLER; REPEALING SECTIONS
3 50-1012 AND 57-726, IDAHO CODE; AMENDING SECTION 1-2008, IDAHO CODE, TO
4 STRIKE DUTY OF THE STATE CONTROLLER TO SIGN CERTAIN VOUCHERS; AMENDING
5 SECTION 11-202, IDAHO CODE, TO CLARIFY DUTIES OF THE STATE CONTROLLER WHEN
6 SERVED WITH NOTICE OF GARNISHMENT AND TO MAKE A TECHNICAL CORRECTION;
7 AMENDING SECTIONS 22-1209 AND 22-1803, IDAHO CODE, TO REQUIRE DELIVERY OF
8 AUDITS TO THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE STATE CON-
9 TROLLER; AMENDING SECTION 22-2809, IDAHO CODE, TO REQUIRE APPROVAL OF
10 CLAIMS AND ISSUANCE OF WARRANTS AND TO MAKE TECHNICAL CORRECTIONS; AMEND-
11 ING SECTIONS 22-2919 AND 22-3319, IDAHO CODE, TO REQUIRE DELIVERY OF
12 AUDITS TO THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE STATE CON-
13 TROLLER; AMENDING SECTION 22-3510, IDAHO CODE, TO REQUIRE DELIVERY OF
14 AUDITS TO THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE STATE CON-
15 TROLLER AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTIONS 22-3607,
16 22-3707, 22-4010, 22-4215 AND 22-4720, IDAHO CODE, TO REQUIRE DELIVERY OF
17 AUDITS TO THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE STATE CON-
18 TROLLER; AMENDING SECTION 25-156, IDAHO CODE, TO REQUIRE DELIVERY OF
19 AUDITS TO THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE STATE CON-
20 TROLLER AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 25-3112,
21 IDAHO CODE, TO REQUIRE DELIVERY OF AUDITS TO THE OFFICE OF LEGISLATIVE
22 SERVICES INSTEAD OF THE STATE CONTROLLER; AMENDING SECTION 36-301, IDAHO
23 CODE, TO STRIKE DUTY OF THE STATE CONTROLLER RELATING TO VARIOUS FISHING,
24 HUNTING AND TRAPPING LICENSES AND TO REQUIRE THE DIRECTOR OF THE DEPART-
25 MENT TO ACCOUNT FOR THE FORMS; AMENDING SECTION 38-131, IDAHO CODE, TO
26 STRIKE REQUIREMENT FOR NOTICE TO THE STATE TREASURER PRIOR TO ISSUE OF
27 DEFICIENCY WARRANTS AGAINST THE GENERAL FUND; AMENDING SECTION 38-131A,
28 IDAHO CODE, TO STRIKE THE REQUIREMENT FOR NOTICE TO THE STATE TREASURER
29 PRIOR TO ISSUE OF DEFICIENCY WARRANTS AGAINST THE GENERAL FUND AND TO MAKE
30 A TECHNICAL CORRECTION; AMENDING SECTION 38-1517, IDAHO CODE, TO REQUIRE
31 DELIVERY OF AUDITS TO THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE
32 STATE CONTROLLER AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
33 39-7110, IDAHO CODE, TO STRIKE REQUIREMENT FOR NOTICE TO THE STATE TREA-
34 SURER PRIOR TO ISSUE OF DEFICIENCY WARRANTS AGAINST THE GENERAL FUND AND
35 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 40-715, IDAHO CODE, TO
36 CORRECT TERMINOLOGY REFERENCING WARRANTS; AMENDING SECTION 42-1718, IDAHO
37 CODE, TO STRIKE REQUIREMENT FOR NOTICE TO THE STATE TREASURER PRIOR TO
38 ISSUE OF DEFICIENCY WARRANTS AGAINST THE GENERAL FUND; AMENDING SECTION
39 42-2807, IDAHO CODE, TO STRIKE REQUIREMENT OF NOTICE TO THE STATE CONTROL-
40 LER, TO REQUIRE NOTICE TO THE STATE AGENCY RESPONSIBLE FOR MANAGEMENT OF
41 AFFECTED STATE OWNED LAND AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC-
42 TION 50-1047, IDAHO CODE, TO STRIKE REQUIREMENT FOR NOTICE TO THE STATE
43 CONTROLLER OF CERTAIN ORDINANCES OR AMENDMENTS; AMENDING SECTION 50-2611,
44 IDAHO CODE, TO STRIKE REFERENCE TO REGULATIONS AND INCLUDE REFERENCE TO
45 RULES OR PROCEDURES; AMENDING SECTION 54-3607, IDAHO CODE, TO REQUIRE
46 DELIVERY OF AUDITS TO THE DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE
2
1 STATE CONTROLLER; AMENDING SECTION 58-1408, IDAHO CODE, TO REQUIRE ACCESS
2 BY THE STATE CONTROLLER AND THE PUBLIC TO RECORDS OF THE IDAHO RANGELAND
3 RESOURCES COMMISSION; AMENDING SECTION 58-1415, IDAHO CODE, TO ADOPT COR-
4 RECT TERMINOLOGY, TO REQUIRE DELIVERY OF AUDITS TO THE DIRECTOR OF LEGIS-
5 LATIVE SERVICES INSTEAD OF THE STATE CONTROLLER AND TO MAKE A TECHNICAL
6 CORRECTION; AMENDING SECTIONS 59-1105 AND 59-1108, IDAHO CODE, TO ADOPT
7 CORRECT TERMINOLOGY; AMENDING SECTION 61-1008, IDAHO CODE, TO CORRECT TER-
8 MINOLOGY REGARDING AUTHORITY OF THE STATE CONTROLLER TO REVIEW VOUCHERS OF
9 THE PUBLIC UTILITIES COMMISSION AND TO MAKE A CODIFIER CORRECTION; AMEND-
10 ING SECTION 63-3202, IDAHO CODE, TO CORRECT TERMINOLOGY REGARDING RECORD-
11 ING TAX ANTICIPATION NOTES AND TO MAKE A TECHNICAL CORRECTION; AMENDING
12 SECTION 66-118, IDAHO CODE, TO ADOPT CORRECT TERMINOLOGY REGARDING AUTHOR-
13 ITY OF THE STATE CONTROLLER TO REVIEW RECORDS OF CERTAIN STATE OPERATED
14 HOSPITALS; AMENDING SECTION 67-412, IDAHO CODE, TO PROVIDE CORRECT TERMI-
15 NOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 67-1004, IDAHO
16 CODE, TO STRIKE REFERENCE TO A SEAL OF THE OFFICE OF THE STATE CONTROLLER
17 AND TO AUTHORIZE USE OF AN ELECTRONIC SIGNATURE; AMENDING SECTION 67-1024,
18 IDAHO CODE, TO ADOPT CORRECT TERMINOLOGY REGARDING POLICIES AND PROCE-
19 DURES; AMENDING SECTION 67-1041, IDAHO CODE, TO STRIKE REQUIREMENTS FOR
20 RETENTION OF CERTAIN RECORDS BY THE STATE CONTROLLER; AMENDING SECTION
21 67-1081, IDAHO CODE, TO ADOPT CORRECT TERMINOLOGY REGARDING POLICIES AND
22 PROCEDURES; AMENDING SECTION 67-1102, IDAHO CODE, TO STRIKE OBSOLETE REF-
23 ERENCE TO ORIGINAL CONTROLLER'S CERTIFICATES; AMENDING SECTION 67-1103,
24 IDAHO CODE, TO PROVIDE CURRENT TERMINOLOGY GOVERNING PROCEDURE TO RECORD
25 RECEIPTS; AMENDING SECTION 67-1209, IDAHO CODE, TO ADOPT CORRECT TERMINOL-
26 OGY REGARDING POLICIES AND PROCEDURES AND TO MAKE A TECHNICAL CORRECTION;
27 AMENDING SECTION 67-1610, IDAHO CODE, TO ADOPT CORRECT TERMINOLOGY
28 REFERENCING THE CAPITOL PERMANENT ENDOWMENT FUND AND TO MAKE A TECHNICAL
29 CORRECTION; AMENDING SECTION 67-3610, IDAHO CODE, TO ALLOW THE STATE CON-
30 TROLLER AND THE STATE BOARD OF EDUCATION AND BOARD OF REGENTS OF THE UNI-
31 VERSITY OF IDAHO TO ADOPT A MUTUALLY AGREED UPON DATE FOR SUBMISSION OF
32 FINANCIAL STATEMENT; AMENDING SECTION 67-7409, IDAHO CODE, TO REQUIRE
33 EXAMINATION OF FINANCIAL STATEMENTS BY THE LEGISLATIVE SERVICES OFFICE
34 INSTEAD OF THE STATE CONTROLLER AND TO MAKE TECHNICAL CORRECTIONS; AND
35 AMENDING SECTION 67-8305, IDAHO CODE, TO REQUIRE DELIVERY OF AUDITS TO THE
36 DIRECTOR OF LEGISLATIVE SERVICES INSTEAD OF THE STATE CONTROLLER.
37 Be It Enacted by the Legislature of the State of Idaho:
38 SECTION 1. That Sections 50-1012 and 57-726, Idaho Code, be, and the same
39 are hereby repealed.
40 SECTION 2. That Section 1-2008, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 1-2008. INVESTMENT OF JUDGES' RETIREMENT FUND. The investment board shall
43 at the direction of the supreme court select and contract with a minimum of
44 one (1) investment manager to manage the investment of the judges' retirement
45 fund. The investment manager(s) shall, subject to the direction of the board,
46 exert control over the funds as though the investment manager(s) were the
47 owner thereof, subject to the limitation hereinafter provided. The investment
48 manager(s) is hereby authorized to invest the judges' retirement fund in the
49 following manner and in the following investments or securities and none
50 others:
51 (1) Bonds, notes or other obligations of the United States or any agency
3
1 or instrumentality thereof.
2 (2) Money market mutual funds.
3 (3) Bonds, notes, or other obligations of the state of Idaho and its
4 political subdivisions, or bonds, notes, or other obligations of other states
5 and their political subdivisions, provided such bonds, notes, or other obliga-
6 tions or the issuing agency for other than the state of Idaho and its politi-
7 cal subdivisions have, at the time of their purchase, an AAA rating by a com-
8 monly known rating service.
9 (4) Bonds, debentures or notes of any corporation organized, controlled,
10 and operating within the United States which have, at the time of their pur-
11 chase, an A rating or higher by a commonly known rating service.
12 (5) Corporate obligations designated as corporate convertible debt secu-
13 rities.
14 (6) Obligations secured by mortgages constituting a first lien upon real
15 property of the state of Idaho which are fully insured or guaranteed as to the
16 payment of the principal by the government of the United States or any agency
17 thereof.
18 (7) Time certificates of deposit and savings accounts.
19 (8) Common or preferred stocks of corporations.
20 (9) Commercial paper, which at the time of purchase, is rated prime 1 by
21 moody's investors service incorporated or is rated A-1 or higher by standard
22 and poor's corporation.
23 In acquiring, investing, reinvesting, exchanging, retaining, selling and
24 managing the moneys and securities of the fund, the investment manager(s)
25 shall be governed by the prudent man investment act, sections 68-501 through
26 68-506, Idaho Code; provided, however, that the supreme court may in its sole
27 discretion, limit the types, kinds and amounts of such investments. The
28 investment board shall be responsible for assuring that the investment
29 manager(s) complies with this act. The investment board, subject to the
30 approval of the supreme court, is hereby authorized to select and contract
31 with a bank or trust company located in the state of Idaho, to act as custo-
32 dian of the judges' retirement fund, who shall hold all securities and moneys
33 of the judges' retirement fund and shall collect the principal, dividends and
34 interest thereof when due and pay the same into the judges' retirement fund.
35 The state treasurer shall pay all warrants drawn on the judges' retirement
36 fund for making such investments when issued pursuant to vouchers signed by
37 the chief justice of the supreme court. and by the state controller.
38 SECTION 3. That Section 11-202, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 11-202. DEBTS OWING BY STATE OF IDAHO SUBJECT TO EXECUTION OR GARNISHMENT
41 AFTER JUDGMENT. Debts, moneys and credits due or owing by the state of Idaho
42 to any person whomsoever, except an elective official of the state of Idaho,
43 shall be subject to execution and garnishment after final judgment against
44 such person for the satisfaction of such judgment by service by the sheriff of
45 Ada Ccounty, Idaho, upon the state controller of a copy of the writ of execu-
46 tion and a notice of garnishment signed by such officer in duplicate., and
47 tThe state controller shall at the time of the such service of such writ and
48 notice collect a fee of ten dollars ($10.00) therefor from said officer. and
49 tThe state controller shall thereafter have a period of thirty (30) days in
50 which to answer said notice of garnishment. and he shall immediately after
51 such service notify the board of examiners of the state of Idaho thereof, and
52 upon the claim of such person being allowed by the state board of examiners,
53 The state controller shall pay, in the usual manner provided by law to the
4
1 officer serving said writ of execution and notice of judgment, the amount
2 thereof so levied upon or garnisheed, or so much thereof as is necessary for
3 the satisfaction of the writ of execution and to satisfy said judgment upon
4 which the same was issued, and not subject to excluding any exemption as pro-
5 vided for by law. and claimed by said person, shall be paid by the state con-
6 troller in the usual manner provided by law to the officer serving said writ
7 and notice, and said The officer's receipt therefor shall be a sufficient
8 release of the state of Idaho and the state controller, of said claim of such
9 person.
10 SECTION 4. That Section 22-1209, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 22-1209. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
13 all moneys received by the commission shall be deposited in one or more sepa-
14 rate accounts in the name of the commission in one or more banks or trust com-
15 panies approved under chapter 27, title 67, Idaho Code, as state depositories.
16 The commission shall designate such banks or trust companies. All funds so
17 deposited are hereby continuously appropriated for the purpose of carrying out
18 the provisions of this chapter.
19 (2) Funds can be withdrawn or paid out of such accounts only upon checks
20 or other orders upon such accounts signed by two (2) officers designated by
21 the commission.
22 (3) The right is reserved to the state of Idaho to audit the funds of the
23 commission at any time.
24 (4) On or before January 15 of each year, the commission shall file with
25 the senate agricultural affairs committee, the house agricultural affairs com-
26 mittee, the legislative services office, the state controller, and the divi-
27 sion of financial management, a report showing the annual income and expenses
28 by standard classification of the commission during the preceding fiscal year.
29 The report shall also include an estimate of income to the commission for the
30 current and next fiscal year and a projection of anticipated expenses by cate-
31 gory for the current and next fiscal year. From and after January 15, 1989,
32 the report shall also include a reconciliation between the estimated income
33 and expenses projected and the actual income and expenses of the preceding
34 fiscal year.
35 (5) All moneys received or expended by the commission shall be audited
36 annually by a certified public accountant designated by the commission, who
37 shall furnish a copy of such audit to the state controller director of legis-
38 lative services and to the senate agricultural affairs committee and the house
39 agricultural affairs committee. The audit shall be completed within ninety
40 (90) days following the close of the fiscal year.
41 (6) The expenditures of the commission are expressly exempted from the
42 provisions of sections 67-2007 and 67-2008, Idaho Code.
43 SECTION 5. That Section 22-1803, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 22-1803. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
46 all moneys received by the commission shall be deposited in one (1) or more
47 separate accounts in the name of the commission in one (1) or more banks or
48 trust companies approved under chapter 27, title 67, Idaho Code, as state
49 depositories. The commission shall designate such banks or trust companies.
50 All funds so deposited are hereby continuously appropriated for the purpose of
51 carrying out the provisions of this chapter. Any interest earned on the
5
1 investment of idle moneys in an account shall be returned to the account.
2 (2) Funds can be withdrawn or paid out of such accounts only upon checks
3 or other orders upon such accounts signed by two (2) officers designated by
4 the commission.
5 (3) The right is reserved to the state of Idaho to audit the funds of the
6 commission at any time.
7 (4) On or before January 15 of each year, the commission shall file with
8 the senate agricultural affairs committee, the house agricultural affairs com-
9 mittee, the legislative services office, the state controller, and the divi-
10 sion of financial management, a report showing the annual income and expenses
11 by standard classification of the commission during the preceding fiscal year.
12 The report shall also include an estimate of income to the commission for the
13 current and next fiscal year and a projection of anticipated expenses by cate-
14 gory for the current and next fiscal year. The report shall also include a
15 reconciliation between the estimated income and expenses projected and the
16 actual income and expenses of the preceding fiscal year.
17 (5) All moneys received or expended by the commission shall be audited
18 biennially, but shall address every year distinctly, by a certified public
19 accountant designated by the commission, who shall furnish a copy of such
20 audit to the state controller director of legislative services and to the sen-
21 ate agricultural affairs committee and the house of representatives agricul-
22 tural affairs committee. The audit shall be completed within ninety (90) days
23 following the close of the fiscal year.
24 (6) The expenditures of the commission are expressly exempted from the
25 provisions of sections 67-2007 and 67-2008, Idaho Code.
26 SECTION 6. That Section 22-2809, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 22-2809. PAYMENT OF EXPENSES AND COSTS. All expenses and costs incurred
29 in the administration of this act shall be paid out of the Idaho Hhoney
30 Aadvertising Ffund. The commission shall keep an accurate record of all costs
31 and expenditures and will report the same by publication on October 1st of
32 each year. All expenses and costs incurred and contracted for by the commis-
33 sion in performing its duties under this act shall be paid out of such Idaho
34 Hhoney Aadvertising Ffund in the following manner: Vvouchers shall be approved
35 and submitted by the commission chairman, to the state controller, who shall,
36 upon approval by the state board of examiners, forthwith submit such vouchers
37 to the state treasurer for issue of warrants therefor to the director or his
38 designated representative of the Idaho department of agriculture for approval
39 and subsequent issuance of a warrant by the state controller.
40 SECTION 7. That Section 22-2919, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 22-2919. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
43 all moneys received by the commission shall be deposited in one or more sepa-
44 rate accounts in the name of the commission in one or more banks or trust com-
45 panies approved under chapter 27, title 67, Idaho Code, as state depositories.
46 The commission shall designate such banks or trust companies. All funds so
47 deposited are hereby continuously appropriated for the purpose of carrying out
48 the provisions of this chapter.
49 (2) Funds can be withdrawn or paid out of such accounts only upon checks
50 or other orders upon such accounts signed by two (2) officers designated by
51 the commission.
6
1 (3) The right is reserved to the state of Idaho to audit the funds of the
2 commission at any time.
3 (4) On or before January 15 of each year, the commission shall file with
4 the senate agricultural affairs committee, the house agricultural affairs com-
5 mittee, the legislative services office, the state controller, and the divi-
6 sion of financial management, a report showing the annual income and expenses
7 by standard classification of the commission during the preceding fiscal year.
8 The report shall also include an estimate of income to the commission for the
9 current and next fiscal year and a projection of anticipated expenses by cate-
10 gory for the current and next fiscal year. From and after January 15, 1989,
11 the report shall also include a reconciliation between the estimated income
12 and expenses projected and the actual income and expenses of the preceding
13 fiscal year.
14 (5) All moneys received or expended by the commission shall be audited
15 biennially by a certified public accountant designated by the commission, who
16 shall furnish a copy of such audit to the state controller director of legis-
17 lative services and to the senate agricultural affairs committee and the house
18 agricultural affairs committee. The audit shall be completed within ninety
19 (90) days following the close of the fiscal year.
20 (6) The expenditures of the commission are expressly exempted from the
21 provisions of sections 67-2007 and 67-2008, Idaho Code.
22 SECTION 8. That Section 22-3319, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 22-3319. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
25 all moneys received by the commission shall be deposited in one or more sepa-
26 rate accounts in the name of the commission in one or more banks or trust com-
27 panies approved under chapter 27, title 67, Idaho Code, as state depositories.
28 The commission shall designate such banks or trust companies. All funds so
29 deposited are hereby continuously appropriated for the purpose of carrying out
30 the provisions of this chapter.
31 (2) Funds can be withdrawn or paid out of such accounts only upon checks
32 or other orders upon such accounts signed by two (2) officers designated by
33 the commission.
34 (3) The right is reserved to the state of Idaho to audit the funds of the
35 commission at any time.
36 (4) On or before January 15 of each year, the commission shall file with
37 the senate agricultural affairs committee, the house agricultural affairs com-
38 mittee, the legislative services office, the state controller, and the divi-
39 sion of financial management, a report showing the annual income and expenses
40 by standard classification of the commission during the preceding fiscal year.
41 The report shall also include an estimate of income to the commission for the
42 current and next fiscal year and a projection of anticipated expenses by cate-
43 gory for the current and next fiscal year. From and after January 15, 1989,
44 the report shall also include a reconciliation between the estimated income
45 and expenses projected and the actual income and expenses of the preceding
46 fiscal year.
47 (5) All moneys received or expended by the commission shall be audited
48 annually by a certified public accountant designated by the commission, who
49 shall furnish a copy of such audit to the state controller director of legis-
50 lative services and to the senate agricultural affairs committee and the house
51 agricultural affairs committee. The audit shall be completed within ninety
52 (90) days following the close of the fiscal year.
53 (6) The expenditures of the commission are expressly exempted from the
7
1 provisions of sections 67-2007 and 67-2008, Idaho Code.
2 SECTION 9. That Section 22-3510, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 22-3510. DUTIES AND POWERS OF COMMISSION. (1) Consistent with the general
5 purposes of this chapter, the commission shall establish the policies to be
6 followed in the accomplishments of such purposes.
7 (2) In the administration of the act, the commission shall have the fol-
8 lowing duties, authorities and powers:
9 (a) To conduct a campaign of research, education and publicity.
10 (b) To find new markets for pea and lentil products.
11 (c) To give, publicize and promulgate reliable information showing the
12 value of peas and lentils for any purpose for which they are found useful
13 and profitable.
14 (d) To make public and encourage the widespread national and interna-
15 tional use of the special kinds of pea and lentil products produced from
16 all varieties of peas and lentils grown in Idaho.
17 (e) To investigate and participate in studies of the problems peculiar to
18 the producers of peas and lentils in Idaho.
19 (f) To take such action as the commission deems necessary or advisable in
20 order to stabilize and protect the pea and lentil industry of the state.
21 (g) To sue and be sued.
22 (h) To enter into such contracts as may be necessary or advisable.
23 (i) To appoint and employ all necessary officers, agents and other per-
24 sonnel, including experts in agriculture and the publicizing of the prod-
25 ucts thereof, and to prescribe their duties and fix their compensation.
26 (j) To make use of such advertising means and methods as the commission
27 deems advisable and to enter into contracts and agreements for research
28 and advertising within and without the state.
29 (k) To cooperate with any local, state or national organization or
30 agency, whether voluntary or created by the law of any state or by
31 national law, engaged in work or activities similar to the work and activ-
32 ities of the commission, and to enter into contracts and agreements with
33 such organizations or agencies for carrying on a joint campaign of
34 research, education and publicity and reciprocal enforcement.
35 (l) To lease, purchase or own the real or personal property deemed neces-
36 sary in the administration of this act chapter.
37 (m) To prosecute in the name of the state of Idaho any suit or action for
38 collection of the assessment provided for in this act chapter.
39 (n) To adopt, rescind, modify and amend all necessary and proper orders,
40 resolutions and regulations for the procedure and exercise of its powers
41 and the performance of its duties.
42 (o) To incur indebtedness and repay the same, and carry on all business
43 activities.
44 (p) To keep or cause to be kept in accordance with accepted standards of
45 good accounting practice, accurate records of all assessments, collec-
46 tions, receipts, deposits, withdrawals, disbursements, paid outs, moneys
47 and other financial transactions made and done pursuant to this order.
48 Such records, books and accounts shall be audited subject to lawful, sound
49 procedures and methods of accounting at least annually and a copy of such
50 audit shall be delivered within thirty (30) days after completion thereof
51 to the governor, commissioner of agriculture, state controller director of
52 legislative services and the commission. The books, records and accounts
53 shall be open to inspection by the state controller and public at all
8
1 times.
2 (q) To mMake a full and complete report available to all Idaho pea and
3 lentil producers annually, and once every five (5) years, commencing May 1,
4 1970, poll each grower as to the advisability of continuing the commission. If
5 a majority of the growers representative of a majority of the pounds produced
6 request a repeal of this act, the commission shall at the next session of the
7 legislature request a repeal.
8 SECTION 10. That Section 22-3607, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 22-3607. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
11 all moneys received by the commission shall be deposited in one or more sepa-
12 rate accounts in the name of the commission in one or more banks or trust com-
13 panies approved under chapter 27, title 67, Idaho Code, as state depositories.
14 The commission shall designate such banks or trust companies. All funds so
15 deposited are hereby continuously appropriated for the purpose of carrying out
16 the provisions of this chapter.
17 (2) Funds can be withdrawn or paid out of such accounts only upon checks
18 or other orders upon such accounts signed by two (2) officers designated by
19 the commission.
20 (3) The right is reserved to the state of Idaho to audit the funds of the
21 commission at any time.
22 (4) On or before January 15 of each year, the commission shall file with
23 the senate agricultural affairs committee, the house agricultural affairs com-
24 mittee, the legislative services office, the state controller, and the divi-
25 sion of financial management, a report showing the annual income and expenses
26 by standard classification of the commission during the preceding fiscal year.
27 The report shall also include an estimate of income to the commission for the
28 current and next fiscal year and a projection of anticipated expenses by cate-
29 gory for the current and next fiscal year. From and after January 15, 1989,
30 the report shall also include a reconciliation between the estimated income
31 and expenses projected and the actual income and expenses of the preceding
32 fiscal year.
33 (5) All moneys received or expended by the commission shall be audited
34 biennially by a certified public accountant designated by the commission, who
35 shall furnish a copy of such audit to the state controller director of legis-
36 lative services and to the senate agricultural affairs committee and the house
37 agricultural affairs committee. The audit shall be completed within ninety
38 (90) days following the close of the fiscal year.
39 (6) The expenditures of the commission are expressly exempted from the
40 provisions of sections 67-2007 and 67-2008, Idaho Code.
41 SECTION 11. That Section 22-3707, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 22-3707. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
44 all moneys received by the commission shall be deposited in one or more sepa-
45 rate accounts in the name of the commission in one or more banks or trust com-
46 panies approved under chapter 27, title 67, Idaho Code, as state depositories.
47 The commission shall designate such banks or trust companies. All funds so
48 deposited are hereby continuously appropriated for the purpose of carrying out
49 the provisions of this chapter.
50 (2) Funds can be withdrawn or paid out of such accounts only upon checks
51 or other orders upon such accounts signed by two (2) officers designated by
9
1 the commission.
2 (3) The right is reserved to the state of Idaho to audit the funds of the
3 commission at any time.
4 (4) On or before January 15 of each year, the commission shall file with
5 the senate agricultural affairs committee, the house agricultural affairs com-
6 mittee, the legislative services office, the state controller, and the divi-
7 sion of financial management, a report showing the annual income and expenses
8 by standard classification of the commission during the preceding fiscal year.
9 The report shall also include an estimate of income to the commission for the
10 current and next fiscal year and a projection of anticipated expenses by cate-
11 gory for the current and next fiscal year. From and after January 15, 1990,
12 the report shall also include a reconciliation between the estimated income
13 and expenses projected and the actual income and expenses of the preceding
14 fiscal year.
15 (5) All moneys received or expended by the commission shall be audited
16 biennially by a certified public accountant designated by the commission, who
17 shall furnish a copy of such audit to the state controller director of legis-
18 lative services and to the senate agricultural affairs committee and the house
19 agricultural affairs committee. The audit shall be completed within ninety
20 (90) days following the close of the fiscal year.
21 (6) The expenditures of the commission are expressly exempted from the
22 provisions of sections 67-2007 and 67-2008, Idaho Code.
23 SECTION 12. That Section 22-4010, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 22-4010. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
26 all grants, donations and gifts of funds from any source for expenditure for
27 any purpose consistent with this chapter which may be specified as a condition
28 of any grant, donation or gift, and all of the revenues received under the
29 provisions of section 22-4017, Idaho Code, shall be deposited in one or more
30 separate accounts in the name of the commission in one or more banks or trust
31 companies approved under chapter 27, title 67, Idaho Code, as state deposito-
32 ries. The commission shall designate such banks or trust companies. All funds
33 so deposited are hereby continuously appropriated for the purpose of carrying
34 out the provisions of this chapter.
35 (2) Funds can be withdrawn or paid out of such accounts only upon checks
36 or other orders upon such accounts signed by two (2) officers designated by
37 the commission.
38 (3) The right is reserved to the state of Idaho to audit the funds of the
39 commission at any time.
40 (4) On or before January 15 of each year, the commission shall file with
41 the senate agricultural affairs committee, the house agricultural affairs com-
42 mittee, the legislative services office, the state controller, and the divi-
43 sion of financial management, a report showing the annual income to the com-
44 mission during the preceding fiscal year. The report shall also include an
45 estimate of income to the commission for the current fiscal year and a projec-
46 tion of anticipated expenses by category for the current fiscal year. From and
47 after January 15, 1989, the report shall also include a reconciliation between
48 the estimated income and expenses projected and the actual income and expenses
49 of the preceding fiscal year.
50 (5) All moneys received or expended by the commission shall be audited
51 every second year, but shall address every year distinctly, by a certified
52 public accountant designated by the commission, who shall furnish a copy of
53 such audit to the state controller director of legislative services and to the
10
1 senate agricultural affairs committee and the house agricultural affairs com-
2 mittee. The audit shall be completed within ninety (90) days following the
3 close of the fiscal year.
4 (6) The expenditures of the commission are expressly exempted from the
5 provisions of sections 67-2007 and 67-2008, Idaho Code.
6 SECTION 13. That Section 22-4215, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 22-4215. DEPOSIT OF ASSESSMENTS -- WITHDRAWAL METHOD -- EXPENSES -- BOND
9 REQUIRED -- AUDIT. (1) All receipts for the commission will be deposited
10 within five (5) working days of being received, all moneys received by the
11 commission from the assessment levied under section 22-4210, Idaho Code, and
12 all other moneys received by the commission shall be deposited in one (1) or
13 more separate accounts in the name of the commission in one (1) or more banks
14 or trust companies approved under chapter 27, title 67, Idaho Code, as state
15 depositories. The commission shall designate such accounts at such banks or
16 trust companies.
17 (2) (a) No money shall be withdrawn or paid out of such accounts except
18 upon order of the commission and upon checks or other orders upon such
19 accounts signed by such member of the commission as the commission desig-
20 nates and countersigned by such other member, officer or employee of the
21 commission as the commission designates. A receipt, voucher or other writ-
22 ten record, showing clearly the nature and items covered by each check or
23 other order, shall be kept.
24 (b) All moneys referred to in subsection (1) of this section shall be
25 used by the commission only for the payment of expenses of the commission
26 in carrying out the powers conferred on the commission.
27 (c) The commission may require any commission member or agent or employee
28 appointed by the commission to give a bond payable to the commission in
29 the amount and with the security and containing the terms and conditions
30 the commission may prescribe. The cost of such bond is an administrative
31 cost under this act.
32 (3) All moneys received or expended by the commission shall be audited
33 every second year, but shall address each year separately, by a certified pub-
34 lic accountant designated by the commission, who shall furnish a copy of such
35 audit to the state controller director of legislative services and to the sen-
36 ate agricultural affairs committee and the house agricultural affairs commit-
37 tee. The audit shall be completed within ninety (90) days following the close
38 of the fiscal year. The right is reserved to the state of Idaho to audit all
39 funds of the commission at any time.
40 SECTION 14. That Section 22-4720, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 22-4720. DEPOSITS AND DISBURSEMENT OF FUNDS. (1) Immediately upon
43 receipt, all moneys received by the commission shall be deposited in one (1)
44 or more separate accounts in the name of the commission in one (1) or more
45 banks or trust companies approved under chapter 27, title 67, Idaho Code, as
46 state depositories. The commission shall designate the banks or trust compa-
47 nies. All funds so deposited are hereby continuously appropriated for the pur-
48 pose of carrying out the provisions of this chapter.
49 (2) Funds can be withdrawn or paid out of such accounts only upon checks
50 or other orders upon such accounts signed by two (2) officers designated by
51 the commission.
11
1 (3) The right is reserved to the state of Idaho to audit the funds of the
2 commission at any time.
3 (4) On or before January 15 of each year, the commission shall file with
4 the senate agricultural affairs committee, the house agricultural affairs com-
5 mittee, the legislative council, the state controller, and the division of
6 financial management, a report showing the annual income and expenses by stan-
7 dard classification of the commission during the preceding fiscal year. The
8 report shall also include an estimate of income to the commission for the cur-
9 rent and next fiscal year. From and after January 15, 1999, the report shall
10 also include a reconciliation between the estimated income and expenses pro-
11 jected and the actual income and expenses of the preceding fiscal year.
12 (5) All moneys received or expended by the commission shall be audited
13 annually by a certified public accountant designated by the commission, who
14 shall furnish a copy of the audit to the state controller director of legisla-
15 tive services and to the senate agricultural affairs committee and the house
16 agricultural affairs committee. The audit shall be completed within ninety
17 (90) days following the close of the fiscal year.
18 (6) The expenditures of the commission are expressly exempted from the
19 provisions of sections 67-2007 and 67-2008, Idaho Code.
20 SECTION 15. That Section 25-156, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 25-156. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
23 all grants, donations and gifts of funds from any source for expenditure for
24 any purpose consistent with this chapter which may be specified as a condition
25 of any grant, donation or gift, and all of the revenues received under the
26 provisions of section 25-159, Idaho Code, shall be deposited in one (1) or
27 more separate accounts in the name of the commission in one (1) or more banks
28 or trust companies approved under chapter 27, title 67, Idaho Code, as state
29 depositories. The commission shall designate such banks or trust companies.
30 All funds so deposited are hereby continuously appropriated for the purpose of
31 carrying out the provisions of this act chapter.
32 (2) Funds can be withdrawn or paid out of such accounts only upon checks
33 or other orders upon such accounts signed by two (2) officers designated by
34 the commission.
35 (3) The right is reserved to the state of Idaho to audit the funds of the
36 commission at any time.
37 (4) On or before January 15 of each year, the commission shall file with
38 the senate agricultural affairs committee, the house agricultural affairs com-
39 mittee, the legislative council, the state controller, and the division of
40 financial management, a report showing the annual income to the commission
41 during the preceding fiscal year. The report shall also include an estimate of
42 income to the commission for the current fiscal year and a projection of
43 anticipated expenses by category for the current fiscal year. The report shall
44 also include a reconciliation between the estimated income and expenses pro-
45 jected and the actual income and expenses of the preceding fiscal year.
46 (5) All moneys received or expended by the commission shall be audited
47 annually by a certified public accountant designated by the commission, who
48 shall furnish a copy of such audit to the state controller director of legis-
49 lative services and to the senate agricultural affairs committee and the house
50 agricultural affairs committee. The audit shall be completed within ninety
51 (90) days following the close of the fiscal year.
52 (6) The expenditures of the commission are expressly exempted from the
53 provisions of sections 67-2007 and 67-2008, Idaho Code.
12
1 SECTION 16. That Section 25-3112, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 25-3112. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
4 all moneys received by the commission shall be deposited in one or more sepa-
5 rate accounts in the name of the commission in one or more banks or trust com-
6 panies approved under chapter 27, title 67, Idaho Code, as state depositories.
7 The commission shall designate such banks or trust companies. All funds so
8 deposited are hereby continuously appropriated for the purpose of carrying out
9 the provisions of this chapter.
10 (2) Funds can be withdrawn or paid out of such accounts only upon checks
11 or other orders upon such accounts signed by two (2) officers designated by
12 the commission.
13 (3) The right is reserved to the state of Idaho to audit the funds of the
14 commission at any time.
15 (4) On or before January 15 of each year, the commission shall file with
16 the senate agricultural affairs committee, the house agricultural affairs com-
17 mittee, the legislative services office, the state controller, and the divi-
18 sion of financial management, a report showing the annual income and expenses
19 by standard classification of the commission during the preceding fiscal year.
20 The report shall also include an estimate of income to the commission for the
21 current and next fiscal year and a projection of anticipated expenses by cate-
22 gory for the current and next fiscal year. From and after January 15, 1989,
23 the report shall also include a reconciliation between the estimated income
24 and expenses projected and the actual income and expenses of the preceding
25 fiscal year.
26 (5) All moneys received or expended by the commission shall be audited
27 annually by a certified public accountant designated by the commission, who
28 shall furnish a copy of such audit to the state controller director of legis-
29 lative services and to the senate agricultural affairs committee and the house
30 agricultural affairs committee. The audit shall be completed within ninety
31 (90) days following the close of the fiscal year.
32 (6) The expenditures of the commission are expressly exempted from the
33 provisions of sections 67-2007 and 67-2008, Idaho Code.
34 SECTION 17. That Section 36-301, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 36-301. FORMS OF LICENSES -- PRINTING -- CHARGEABLE TO DIRECTOR. (a) Com-
37 puterized licensing system. The fish and game commission shall prescribe by
38 rule:
39 1. The procedures for the issuance of licenses and applications by a com-
40 puterized licensing system.
41 2. The criteria for authorizing a person as a license vendor. In develop-
42 ing the criteria, the commission shall consider the cost to the state to
43 install and maintain a license vendor and the public's need to be able to
44 reasonably obtain the necessary license. The criteria should include, but
45 are not limited to, the remoteness of the location; availability of
46 licenses in the area; angling and hunting supplies and services at the
47 location; distance to the next closest license vendor; and the number of
48 licenses issued at the location.
49 (b) Forms. The forms of the various fishing, hunting and trapping
50 licenses and related applications shall be determined by the director. The
51 director shall cause to be printed such number of blank authorize printing the
52 licenses and related applications as may be required from time to time and
13
1 shall supervise the selling of same throughout the state.
2 (c) Accountability. It is hereby made the duty of the state controller to
3 keep and maintain a record of the number of such licenses so printed, and to
4 hold tThe director shall manage the issuance of such licenses and be account-
5 able for same and for moneys received therefor.
6 SECTION 18. That Section 38-131, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 38-131. DEFICIENCY WARRANTS FOR EXCESS COSTS OF FIRE SUPPRESSION. In
9 event the actual cost for the control or suppression of forest fires in any
10 forest protective district exceeds in any one (1) year the maximum moneys
11 available for forest protection in that district from the forest protection
12 fund or any other special or general fund provided for that purpose, the state
13 board of land commissioners may authorize the issuance of deficiency warrants
14 for the purpose of defraying such excess costs and when so authorized the
15 state controller shall, after notice to the state treasurer, draw deficiency
16 warrants against the general fund.
17 SECTION 19. That Section 38-131A, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 38-131A. DEFICIENCY WARRANTS FOR COSTS OF FIRE SUPPRESSION ON STATE-OWNED
20 RANGE LANDS. The state board of land commissioners may authorize the issuance
21 of deficiency warrants for the purpose of paying the costs of fire suppression
22 on state-owned range lands whether or not said lands are adjacent to or
23 intermingled with forest lands. When so authorized, the state controller
24 shall, after notice to the state treasurer, draw deficiency warrants against
25 the general account fund.
26 SECTION 20. That Section 38-1517, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 38-1517. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
29 all moneys received by the commission shall be deposited in one (1) or more
30 banks or trust companies approved under chapter 27, title 67, Idaho Code, as
31 state depositories. The commission shall designate such banks or trust compa-
32 nies. All funds so deposited are hereby continuously appropriated for the pur-
33 pose of carrying out the provisions of this chapter.
34 (2) Funds can be withdrawn or paid out of such accounts only upon checks
35 or other orders upon such accounts signed by two (2) officers designated by
36 the commission when the amount of such payments exceeds two thousand dollars
37 ($2,000). Such designees may include the members of the staff of the commis-
38 sion.
39 (3) The right is reserved to the state of Idaho to audit the funds to the
40 commission at anytime any time.
41 (4) On or before January 15 of each year, the commission shall file with
42 the senate and house committees responsible for natural resources, the legis-
43 lative services office, the state controller, and the division of financial
44 management, a report showing the annual income and expenses by standard clas-
45 sification of the commission for the preceding year. The report shall also
46 include an estimate of income of the commission for the current and next fis-
47 cal year and a projection of anticipated expenses by category for the current
48 and next fiscal year. From and after January 15, 1994, the report shall also
49 include a reconciliation between the estimated income and expenses projected
14
1 and the actual income and expenses of the preceding year.
2 (5) All moneys received or expended by the commission shall be audited
3 annually by a certified public accountant designated by the commission, who
4 shall furnish a copy of such audit to the state controller director of legis-
5 lative services. The audit shall be completed within ninety (90) days follow-
6 ing the close of the fiscal year.
7 (6) The expenditures of the commission are expressly exempted from the
8 provisions of sections 67-2007 and 67-2008, Idaho Code.
9 SECTION 21. That Section 39-7110, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 39-7110. DEFICIENCY WARRANTS FOR REIMBURSEMENT OF RESPONSE COSTS. (1) The
12 military division shall review all claims for reimbursement and make recommen-
13 dations as to payment or nonpayment of the claims to the board of examiners
14 within one hundred twenty (120) days after termination of the hazardous sub-
15 stance incident. The board of examiners may authorize the issuance of defi-
16 ciency warrants for the purpose of reimbursing reasonable and documented costs
17 associated with emergency response actions taken pursuant to this chapter. The
18 costs associated with routine firefighting procedures shall not be reimburs-
19 able costs under this chapter.
20 (2) Deficiency warrants authorized by the board of examiners shall not
21 exceed the sum of one hundred thousand dollars ($100,000) for reimbursement of
22 all claims made as a result of a single hazardous substance incident. In the
23 event all claims for reimbursement for a single hazardous substance incident
24 exceeds the sum of one hundred thousand dollars ($100,000), the board of exam-
25 iners shall determine an appropriate and equitable basis of payment of reim-
26 bursements.
27 (3) Upon authorization of deficiency warrants by the board of examiners
28 in accordance with the provisions of this section, the state controller shall,
29 after notice to the state treasurer, draw deficiency warrants in the autho-
30 rized amounts against the general account fund.
31 (4) Nothing contained in this section shall be construed to change or
32 impair any right of recovery or subrogation arising under any other provisions
33 of law.
34 SECTION 22. That Section 40-715, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 40-715. TRANSFER OF SUMS ALLOCABLE TO COUNTIES, HIGHWAY DISTRICTS AND
37 CITIES -- DISBURSEMENT. It is the duty of the state controller to draw drafts
38 warrants upon the state treasury for the transfer of the distributive sums
39 allocable to the several counties, highway districts and cities, which drafts
40 warrants shall be made payable directly to the county treasurers, highway dis-
41 trict secretary or city clerk. The county treasurers shall deposit the moneys
42 in the county highway fund, highway district secretaries shall deposit the
43 moneys in the highway district road fund and the city clerk shall deposit the
44 moneys in the city street fund.
45 SECTION 23. That Section 42-1718, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 42-1718. REMEDIAL MEANS FOR PROTECTION OF LIFE AND PROPERTY. The director
48 shall immediately employ any remedial means necessary to protect life and
49 property if either:
15
1 (a) The condition of any dam, reservoir or mine tailings impoundment
2 structure is so dangerous to the safety of life or property as not to permit
3 time for the issuance and enforcement of an order relative to maintenance or
4 operation.
5 (b) Passing or imminent floods threaten the safety of any dam, reservoir
6 or mine tailings impoundment structure.
7 In applying the remedial means provided for in this act, the department
8 may in emergency do any of the following:
9 (a) Lower the water level by releasing water from the reservoir or lower
10 mine tailings slurry level by releasing slurry from the mine tailings impound-
11 ment structure.
12 (b) Completely empty the reservoir.
13 (c) Take such other steps as may be essential to safeguard life and prop-
14 erty.
15 The director shall continue in full charge and control of such dam or res-
16 ervoir, or both, or mine tailings impoundment structure, or all, and its
17 appurtenances, until they are rendered safe or the emergency occasioning the
18 action has ceased.
19 If the cost of the emergency remedial action by the director for the pro-
20 tection of life and property exceeds the amount of money appropriated from the
21 general fund specifically for that purpose, the additional costs may be
22 defrayed by the issuance of deficiency warrants as may be authorized by the
23 board of examiners. When so authorized, the state controller shall, after
24 notice to the state treasurer, draw deficiency warrants against the general
25 fund.
26 The cost and expenses of the remedial means provided in this act, includ-
27 ing cost of any work done to render a dam, reservoir or mine tailings impound-
28 ment structure or its appurtenances safe, shall be recoverable by the state
29 from the owner. If not paid within sixty (60) days of invoice, action may be
30 brought by the director in the district court of the district wherein the dam,
31 reservoir or mine tailings impoundment structure or any part thereof is situ-
32 ated. The funds recovered shall be returned to the general fund to offset the
33 amount of the deficiency warrant.
34 No action shall be brought by the state against the owner for pollution
35 which may occur in the event that the director orders emergency dumping or
36 bypassing.
37 SECTION 24. That Section 42-2807, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 42-2807. LANDS ASSESSED -- STATE LANDS. All lands directly benefited ben-
40 efitted by any irrigation or drainage project, or any irrigation or drainage
41 works established under this chapter, and all public or corporate roads or
42 railroads so benefited benefitted in whole or in part, shall be assessed in
43 proportion to the benefits for the construction thereof. All lands owned by
44 the state of Idaho benefited benefitted by such project may be assessed for
45 such benefit the same as taxable land, provided a notice of the filing of the
46 petition and of the time and place of hearing and notice of hearing shall have
47 first been served on the state controller state agency responsible for the
48 management of such state owned lands: provided, that instead of paying the
49 said assessments so levied against the state lands, the state may promptly
50 offer said state lands for sale at public sale in the manner provided by law,
51 and as rapidly as permitted by the provisions of the state constitution, until
52 the entire acreage of state land in such project shall have been sold and if
53 the state does not make appropriations for the payment of such assessments
16
1 against such state lands, then the sale of such state land, when made, shall
2 be made under contract requiring the purchaser as a condition to receiving
3 title to such lands from the state, or to receiving any contract right or
4 interest therein, to pay all assessments duly levied against such lands under
5 the provisions of this chapter, and to pay to the proper county officer at the
6 time of such sale such annual assessments as may have come due prior to the
7 time of such sale, with interest thereon as hereinafter provided, and to con-
8 tinue the payment of such assessments until title passes from the state to
9 such purchaser, which conveyance shall be made from the state to the purchaser
10 subject to the liens herein provided for.
11 SECTION 25. That Section 50-1047, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 50-1047. GENERAL PROVISIONS. Any ordinance assessing a tax pursuant to
14 this act shall contain a finding by the local governing body of the city based
15 upon evidence presented to it that the condition set forth in section 50-1044,
16 Idaho Code, exists and shall provide the methods for reporting and collecting
17 taxes due. Taxes collected pursuant to any such ordinance shall be remitted to
18 the city official designated in such ordinance or other such official con-
19 tracting, pursuant to this act, with the city to provide collection services,
20 and shall constitute revenue of the city available for any lawful corporate
21 purpose approved by city voters subject to the provisions of this act. In any
22 election, the ordinance submitted to city voters shall: (a) state and define
23 the specific tax to be approved; (b) state the exact rate of the tax to be
24 assessed; (c) state the exact purpose or purposes for which the revenues
25 derived from the tax shall be used; and (d) state the duration of the tax. No
26 tax shall be redefined, no rate shall be increased, no purpose shall be modi-
27 fied, and no duration shall be extended without subsequent approval of city
28 voters. An ordinance adopting any local-option nonproperty tax authorized by
29 this act may provide for separate identification of taxes as may be appropri-
30 ate. The city clerk of any city adopting an ordinance pursuant to this act
31 shall, immediately following approval of such ordinance, or any amendment
32 thereto, forward a copy of said ordinance or amendment to the state control-
33 ler, the chairman of the state tax commission, and the chairman of the state
34 board of tax appeals.
35 SECTION 26. That Section 50-2611, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 50-2611. USE OF REVENUE -- CONTRACTS TO ADMINISTER OPERATION OF DISTRICT.
38 The legislative authority of each city shall have sole discretion as to how
39 the revenue derived from the special assessments is to be used within the
40 scope of the purposes; however, the legislative authority may appoint existing
41 advisory boards or commissions to make recommendations as to its use, or the
42 legislative authority may create a new advisory board or commission for the
43 purpose.
44 The legislative authority may contract with a chamber of commerce or other
45 similar business association operating primarily within the boundaries of the
46 legislative authority to administer the operation of a business improvement
47 district, including any funds derived pursuant thereto; provided, that such
48 administration must comply with all applicable provisions of law including
49 this chapter, with all county or city resolutions and ordinances, and with all
50 regulations rules or procedures lawfully imposed by the state controller or
51 other state agencies.
17
1 SECTION 27. That Section 54-3607, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 54-3607. COMMISSION ACCOUNT. (1) The commission may accept tax receipts,
4 grants, donations and gifts of funds from any source for expenditure for any
5 purpose consistent with this act, which may be specified as a condition of any
6 grant, donation or gift. All funds received under the provisions of this act
7 or as provided by law shall be paid to the commission and shall be deposited
8 into a bank account in the name of the Idaho grape growers and wine producers
9 commission. Moneys in the bank account are continuously appropriated and made
10 available for defraying the expenses of the commission in carrying out the
11 provisions of this chapter. Immediately upon receipt, all moneys received by
12 the commission shall be deposited in one (1) or more separate accounts in the
13 name of the commission in one (1) or more banks or trust companies approved
14 under chapter 27, title 67, Idaho Code, as state depositories. The commission
15 shall designate such banks or trust companies. All funds so deposited are
16 hereby continuously appropriated for the purpose of carrying out the provi-
17 sions of this chapter.
18 (2) Funds can be withdrawn or paid out of such accounts only upon checks
19 or other orders upon such accounts signed by two (2) officers designated by
20 the commission.
21 (3) The right is reserved to the state of Idaho to audit the funds of the
22 commission at any time.
23 (4) On or before January 15 of each year, the commission shall file with
24 the senate agricultural affairs committee, the house agricultural affairs com-
25 mittee, the legislative council, the state controller, and the division of
26 financial management, a report showing the annual income and expenses by stan-
27 dard classification of the commission during the preceding fiscal year. The
28 report shall also include an estimate of income to the commission for the cur-
29 rent and next fiscal year and a projection of anticipated expenses by category
30 for the current and next fiscal year. From and after January 15, 1989, the
31 report shall also include a reconciliation between the estimated income and
32 expenses projected and the actual income and expenses of the preceding fiscal
33 year.
34 (5) All moneys received or expended by the commission shall be audited
35 annually by a certified public accountant designated by the commission, who
36 shall furnish a copy of such audit to the state controller director of legis-
37 lative services and to the senate agricultural affairs committee and the house
38 agricultural affairs committee. The audit shall be completed within ninety
39 (90) days following the close of the fiscal year.
40 (6) The expenditures of the commission are expressly exempted from the
41 provisions of sections 67-2007 and 67-2008, Idaho Code.
42 SECTION 28. That Section 58-1408, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 58-1408. DUTIES AND POWERS OF THE COMMISSION. (1) Consistent with the
45 general purposes of this chapter, the commission shall establish the policies
46 to be followed in the accomplishments of such purposes.
47 (2) In the administration of the provisions of this chapter, the commis-
48 sion shall, in conjunction and cooperation with other entities which represent
49 the livestock grazing industry, have the following duties, authorities and
50 powers.
51 (a) Conduct research and surveys to determine public attitudes and levels
52 of knowledge regarding rangeland management and the livestock grazing
18
1 industry;
2 (b) Design educational campaigns and other needed efforts to provide the
3 public with accurate information regarding the management of Idaho's
4 rangelands and the livestock grazing industry;
5 (c) Be an advocate for the proper management of Idaho's rangelands and
6 for a healthy livestock grazing industry in the state;
7 (d) Be a source of accurate and timely data regarding the rangeland
8 resource and the livestock grazing industry;
9 (e) Make projections regarding availability of forage, new or existing
10 products and markets, and other biological or social trends which might
11 affect rangeland management or the livestock grazing industry in Idaho;
12 and
13 (f) Cooperate with any local, state or national organization or agency,
14 whether voluntary or created by the law of any state or by national law,
15 engaged in work or activities similar to the work and activities of the
16 commission, and to enter into contracts and agreements with such organiza-
17 tions or agencies for carrying on a joint campaign of research, education
18 and publicity.
19 (3) The commission shall also have the duty, power and authority:
20 (a) To take such actions as the commission deems necessary or advisable
21 to stabilize and protect the livestock grazing industry of the state and
22 the health and welfare of the public;
23 (b) To enter into such contracts as may be necessary or advisable;
24 (c) To appoint and employ officers, agents and other personnel, including
25 experts in publicizing rangeland management or the livestock grazing
26 industry, and to prescribe their duties and fix their compensation;
27 (d) To sue and be sued as a board, without individual liability of the
28 board members, when the board is acting within the scope of the powers of
29 the board;
30 (e) To make use of such advertising means and methods as the commission
31 deems advisable and to enter into contracts and agreements for research
32 and advertising within the state;
33 (f) To lease, purchase or own the real or personal property deemed neces-
34 sary in the administration of the provisions of this chapter;
35 (g) To prosecute in the name of the state of Idaho any suit or action for
36 collection of any assessment provided for in this chapter;
37 (h) To adopt, rescind, modify and amend all necessary and proper orders,
38 resolutions and regulations for the procedure and exercise of its powers
39 and the performance of its duties;
40 (i) To incur indebtedness and carry on all business activities; and
41 (j) To keep books and records and accounts of all its doings, which
42 books, records and accounts shall be open to the inspection and audit by
43 the state auditor and public at all times by the state controller and the
44 public.
45 SECTION 29. That Section 58-1415, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 58-1415. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
48 all moneys received by the commission shall be deposited in one (1) or more
49 banks or trust companies approved under chapter 27, title 67, Idaho Code, as
50 state depositories. The commission shall designate such banks or trust compa-
51 nies. All funds so deposited are hereby continuously appropriated for the pur-
52 pose of carrying out the provisions of this chapter.
53 (2) Funds can be withdrawn or paid out of such accounts only upon checks
19
1 or other orders upon such account signed by two (2) officers designated by the
2 commission when the amount of such payments exceeds two thousand dollars
3 ($2,000). Such designees may include the members of the staff of the commis-
4 sion.
5 (3) The right is reserved to the state of Idaho to audit the funds of the
6 commission at anytime any time.
7 (4) On or before January 15 of each year, the commission shall file with
8 the senate and house committees responsible for natural resources, the direc-
9 tor of legislative budget office services, the state auditor controller, and
10 the division of financial management, a report showing the annual income and
11 expenses by standard classification of the commission for the preceding year.
12 The report shall also include an estimate of income of the commission for the
13 current and next fiscal year and a projection of anticipated expenses by cat-
14 egory for the current and next fiscal year. From and after January 15, 1994,
15 the report shall also include a reconciliation between the estimated income
16 and expenses projected and the actual income and expenses of the preceding
17 year.
18 (5) All moneys received or expended by the commission shall be audited
19 annually by a certified public accountant designated by the commission, who
20 shall furnish a copy of such audit to the state auditor director of legisla-
21 tive services. The audit shall be completed within ninety (90) days following
22 the close of the fiscal year.
23 (6) The expenditures of the commission are expressly exempted from the
24 provisions of sections 67-2007 and 67-2008, Idaho Code.
25 SECTION 30. That Section 59-1105, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 59-1105. CONTRIBUTIONS FROM LOCAL ENTITIES. Under rules and regulations
28 policies and procedures to be prescribed by the state controller, each munici-
29 pal corporation, political subdivision, drainage or irrigation district, here-
30 inafter referred to as public employer, coming within the provisions of this
31 chapter, shall remit to the state controller the amounts required to be with-
32 held from the salary or wages of each officer and employee together with the
33 matching contribution of such public employer and any interest or penalties
34 imposed for late remittances, in the manner and form prescribed by the state
35 controller. Such moneys shall be deposited in the social security trust
36 account.
37 In case any public employer does not make, at the time or times due, the
38 payments provided for under an agreement pursuant to this section, there shall
39 be added, as part of the amounts due, interest at the rate of six percent (6%)
40 per annum from the date due until paid plus a penalty of six percent (6%) and
41 the state controller may, at his discretion, deduct any delinquent amounts
42 including interest and penalty from any funds or moneys due such delinquent
43 public employer as may be in the possession of the state treasurer, and credit
44 the same to the social security trust account.
45 If any public employer is delinquent in the payment of any moneys required
46 to be paid under the provisions of this chapter, and is so delinquent for more
47 than thirty (30) days, the state controller shall so notify the board of
48 county commissioners who shall thereupon order the county treasurer to with-
49 hold the equivalent amount of such moneys as are delinquent, together with the
50 equivalent amount of any penalty or interest which may be due as a result of
51 such delinquency, from any funds or moneys due such delinquent public employer
52 as may be in the possession of the county treasurer, and to pay the same over
53 to the state controller, for the credit of the social security trust account.
20
1 SECTION 31. That Section 59-1108, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 59-1108. RECEIPTS OF STATE TRUST FUND. Collections into said fund shall
4 be paid into said fund under such rules policies and procedures as shall be
5 prescribed by the state controller, and shall consist of all moneys received
6 from the various political subdivisions of the state, all state contributions
7 for participation in the Federal Old Age and Survivors Insurance program, and
8 all taxes collected from employees covered by said program.
9 SECTION 32. That Section 61-1008, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 61-1008. EXPENDITURE -- PUBLIC UTILITIES COMMISSION FUND -- CREATION --
12 APPROPRIATION -- DISPOSITION OF SURPLUS. (1) At each regular session, the leg-
13 islature shall determine the amount of money that may be expended by the pub-
14 lic utilities commission during the next ensuing fiscal year.
15 (2) The state treasurer shall be custodian of the "public utilities com-
16 mission fund," into which shall be paid and deposited all funds accruing or
17 received under any and all provisions of this chapter, and all fees, licenses,
18 charges, assessments, fines and penalties, now or hereafter payable to, col-
19 lected or recovered by the commission under any other law of this state, and
20 all funds otherwise appropriated or made available to said fund. All moneys
21 from whatever source accruing to and received into said fund are hereby appro-
22 priated, within the limits of funds determined therefor by the legislature,
23 for the payment of the administrative and maintenance expenses of the commis-
24 sion, including salaries and wages of the commissioners and employees, travel,
25 supplies, equipment, fixed charges, refunds of fees and all other necessary
26 expenses of the commission, not otherwise provided for. Moneys shall be paid
27 out of the public utilities commission fund by the state treasurer only upon
28 claim vouchers prepared and approved by the commission, certified by the
29 president of the commission to the state controller who, after audit review as
30 provided by law, shall draw his warrant against the public utilities commis-
31 sion fund for all such claims.
32 (3) Any moneys chapter remaining in the public utilities commission fund
33 at the end of any fiscal year, shall be retained in said fund for the use of
34 the commission for the purposes specified in this chapter. Remaining funds
35 shall be credited ratably by the commission to the respective railroad corpo-
36 rations and other public utilities chapter according to the respective por-
37 tions of such fees determined hereunder to be assessable against each such
38 railroad corporation and other public utility, respectively, for the ensuing
39 fiscal year. The respective fee assessed against each railroad corporation and
40 public utility for such ensuing fiscal year shall be correspondingly reduced;
41 provided that, only moneys paid under the provisions of this chapter by rail-
42 road corporations and other public utilities shall be considered in determin-
43 ing the surplus to be so credited by the commission.
44 SECTION 33. That Section 63-3202, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 63-3202. PROCEDURE FOR ISSUANCE OF NOTES. (1) Whenever the state trea-
47 surer shall deem it to the best interests of the state of Idaho to issue state
48 of Idaho tax anticipation notes, as provided in section 63-3201, Idaho Code,
49 the state treasurer shall make written application to the state board of exam-
50 iners, stating the amount of state of Idaho tax anticipation notes the state
21
1 treasurer deems advisable to issue. Upon approval of the state board of exam-
2 iners by order or resolution duly entered on the minutes of the state board of
3 examiners, the state treasurer shall issue the tax anticipation notes in
4 accordance with the provisions of this chapter.
5 (2) Prior to the public issuance and public sale of any tax anticipation
6 note, the state treasurer shall prepare a written plan of financing which
7 shall be filed in the office of the governor. The plan of financing shall pro-
8 vide for the terms and conditions under which the tax anticipation notes shall
9 be issued, sold and delivered, the taxes to be anticipated, the maximum amount
10 of tax anticipation notes which may be outstanding at any one time under the
11 plan of financing, the sources of payment of the tax anticipation notes issued
12 pursuant to the plan of financing, which may include the proceeds of sale of
13 notes issued to refund outstanding tax anticipation notes and to pay accrued
14 interest thereon, and all other details necessary in connection with the issu-
15 ance, sale and delivery of the tax anticipation notes. The plan of financing
16 shall specify a method pursuant to which the interest rate or rates on the tax
17 anticipation notes may be determined during the time the tax anticipation
18 notes are outstanding and shall also set forth the maximum interest rate which
19 the tax anticipation notes may bear.
20 (3) The tax anticipation notes shall bear interest, shall be in the form,
21 shall be executed in the manner, shall be payable, shall be sold in the manner
22 and at prices, either at, in excess of, or below the face value thereof, and
23 generally shall be issued in the manner and with the details as shall be set
24 forth in an order of the state treasurer, all in conformity with any applica-
25 ble plan of financing and with this chapter.
26 (4) Each tax anticipation note shall recite that it is a valid and bind-
27 ing obligation of the state of Idaho and that the faith and credit of the
28 state of Idaho is solemnly pledged for the payment of the principal of and
29 interest thereon in accordance with its terms and the constitution and laws of
30 the state of Idaho.
31 (5) Each tax anticipation note shall be registered prior to issuance
32 recorded in the office of the state controller. and a legend to that effect
33 shall appear on each tax anticipation note.
34 (6) Immediately upon the completion of any sale, the state treasurer
35 shall make a verified return of said sale to the state controller, specifying
36 the amount of notes sold, the person or persons to whom said notes were sold
37 and the price, terms and conditions of the sale. Immediately upon the sale of
38 any tax anticipation notes, the state treasurer shall credit the proceeds of
39 sale, other than accrued interest, to the general account of the state operat-
40 ing fund of the state.
41 SECTION 34. That Section 66-118, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 66-118. POWERS AND DUTIES OF THE BOARD -- HOSPITALS MANAGED BY -- ANNUAL
44 REPORT. The board shall have complete authority to manage and operate the
45 State Hospital North, at Orofino; the State Hospital South, at Blackfoot; the
46 Idaho State School and Hospital at Nampa; with authority to establish profes-
47 sional standards of qualifications for doctors, nurses, superintendents, gen-
48 eral managers, farm managers, attendants, and all other personnel and may
49 employ a general business manager for each of said hospitals, and hospital
50 personnel at said hospitals and medical superintendents for each of said hos-
51 pitals, at its discretion, or a superintendent, or director, or manager who
52 may be over all hospitals. The board shall have complete authority to, or it
53 is the duty of the board:
22
1 (a) To make rules and regulations for the government of said hospitals
2 and to define the duties of all employees; provided, that the members of the
3 board shall not be personally liable for any act of any employee done in
4 violation of any law, or contrary to any rule or regulation of the board; nor
5 shall any administrative employee of the board be responsible for the act of
6 any other employee done in violation of any laws of the state, or rule or reg-
7 ulation of the board, or order of the administrative employee;
8 (b) To receive, take and hold property, both real and personal, in trust
9 for the state and for the use and benefit of such hospitals;
10 (c) To visit each of said hospitals at such times as it deems necessary
11 and to keep itself advised of all expenses and the condition of buildings and
12 property, the safety and treatment of patients, and require the general man-
13 ager or superintendent to make periodic reports as to the condition of each
14 hospital and treatment of the patients;
15 (d) To require the keeping of a complete and accurate set of books of
16 each hospital in accordance with the accounting required of other institutions
17 of the state; to examine and audit the expenditures of each hospital and to
18 certify the same to the state controller. The board shall require that all
19 itemized bills, purchases and other expenditures made, must be examined and
20 approved by the head of the hospital making such purchases or expenditures and
21 then the same must be certified by the board, and transmitted to the state
22 controller to be audited reviewed and allowed in the same manner as other
23 accounts against the state are audited reviewed and allowed. When allowed the
24 state controller must draw his warrant on the state treasurer for the amount
25 so audited reviewed and allowed, and the state treasurer is hereby authorized
26 and required to pay the same out of any money in the state treasury appropri-
27 ated therefor;
28 (e) To make regulations rules and fix the terms and conditions of payment
29 of costs of care and treatment of mentally ill persons who are not indigent or
30 who are not residents of the state, who are admitted to said State Hospital
31 North, State Hospital South, or Idaho State School and Hospital, all receipts
32 from such persons to be paid into the state treasury and credited to salaries
33 and wages, other current expense, or capital outlay of the general fund of the
34 remitting hospital, at the discretion of the board;
35 (f) To enter into reciprocal agreements with similar boards of other
36 states for the transfer of residents of those states, who have been involun-
37 tarily hospitalized to any of the aforesaid hospitals in this state, or the
38 transfer of Idaho residents, who have been involuntarily hospitalized to simi-
39 lar hospitals in those states, to the appropriate hospital in this state;
40 (g) To recognize that or to proceed on the fact that any order of invol-
41 untary hospitalization of an Idaho resident, by judicial action of another
42 state, shall be sufficient for admitting such resident, without further judi-
43 cial action in this state, to a similar hospital in this state;
44 (h) To remove patients in case of necessity, or when they feel it is for
45 the betterment of the patient's welfare, to an appropriate place at the dis-
46 cretion of the board, and to make necessary negotiations to carry out such a
47 procedure;
48 (i) To purchase insurance for any of the medical staff in any of the hos-
49 pitals against liability for alleged malpractice by reason of any act, or
50 omission, while in the service of the state of Idaho;
51 (j) To remove and transfer from one (1) state hospital to another, or
52 from a state hospital to a private hospital, or to a hospital of another
53 state, or other government agency, any person confined therein, for the pur-
54 pose of grouping together classes of mentally ill persons, or to give them
55 better medical aid and care;
23
1 (k) To report to the governor each year, a statement of receipts and
2 expenditures, the condition of each hospital, the number of patients under
3 treatment at each hospital during the preceding year and such other matters as
4 may be pertinent, and to make an annual report to the governor in substan-
5 tially the same manner on or before the 1st day of December prior to each reg-
6 ular session of the legislature;
7 (l) To delegate to the head of the hospital, or to a director or superin-
8 tendent, or manager of all hospitals the powers and duties vested by law in
9 the board, at its discretion;
10 (m) To initiate, create, or promote procedures, policies and practices
11 either as a body or in cooperation with other governmental departments or
12 agencies for the general welfare and betterment of the mental health of the
13 people of the state of Idaho.
14 SECTION 35. That Section 67-412, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 67-412. ALLOWANCE FOR MEMBERS. (1) From and after December 1, 1976, a
17 member of the legislature of the state of Idaho who, while serving during any
18 session of the legislature, and a lieutenant-governor while performing his
19 duties as president of the senate who maintains a second home in Ada County
20 during such period shall receive an allowance of forty dollars ($40.00) per
21 day while away from home during such period for his away from home expenses.
22 Such expenses shall be allowed for one (1) extra day prior to and immediately
23 following each session of the legislature.
24 (2) A member of the legislature and a lieutenant-governor of the state of
25 Idaho who does not maintain a second residence in Ada County during any legis-
26 lative session, but who commutes to the legislative sessions from his home,
27 shall be reimbursed for actual travel expenses necessarily incurred in travel-
28 ing to and from the legislature at the rate per mile allowed by the board of
29 examiners for official travel, not to exceed one (1) round trip per day and
30 not to exceed ten dollars ($10.00) total expenses per day, during each day of
31 the legislative session, including each day after December 1, 1976, which
32 expenses shall be accounted for to the presiding officer of the legislative
33 body in which the member serves, and shall additionally receive the sum of
34 thirty dollars ($30.00) per day as expenses for board, necessary committee
35 expenses, and the necessary expenses of maintaining the office of a legisla-
36 tor.
37 (3) The legislature of the state of Idaho further finds and declares that
38 in the discharge of their official duties it is important that legislators
39 return to their legislative districts on occasion during the term of each leg-
40 islative session to confer and consult with their constituents concerning
41 pending legislation. Therefore, commencing January 11, 1971, in addition to
42 the travel expenses allowed in section 23, article 3 III of the Idaho
43 Cconstitution, each member of the legislature shall be reimbursed for actual
44 expenses necessarily incurred in travel to and from his home legislative dis-
45 trict on four (4) occasions during each regular legislative session. Reim-
46 bursement shall be upon voucher submitted in the usual form.
47 (4) The legislature of the state of Idaho finds and declares that to
48 enable the legislature to carry out its constitutional duties and to function
49 responsibly and effectively as an independent branch of state government, its
50 members are required during periods when the legislature is not in session, to
51 meet and correspond with officials of the departments and agencies of the
52 executive and judicial branches of state government and local governments as
53 well as individual constituents and groups of constituents concerning state
24
1 and area problems and concerns, proposed legislation, existing laws, and to
2 study and prepare proposed legislation. To offset the expense incurred in per-
3 forming such services and maintaining the office of legislator, each member of
4 the forty-fourth legislature of the state of Idaho, and each member of subse-
5 quent legislatures, shall receive for legislative expenses and for the expense
6 of maintaining the office of legislator while the legislature is not in ses-
7 sion, the sum of five dollars ($5.00) per day during each day the legislature
8 is not in session. This expense allowance shall be paid in regular
9 installments as determined by the state auditor controller and shall be in
10 addition to all other compensation, either as per diem or expense, paid to any
11 member of the legislature under the previous subsections or as an officer or
12 member of any council, board, commission or other agency or instrumentality of
13 the state of Idaho.
14 (5) Members of the legislature shall receive the same per diem allowances
15 and be reimbursed for actual expenses necessarily incurred in attending meet-
16 ings or performing services previously authorized by the legislature and held
17 during the interim between legislative sessions in the same manner and in the
18 same amounts as is are provided for members of the legislative council,
19 including each day so spent after December 1, 1976.
20 SECTION 36. That Section 67-1004, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 67-1004. SEAL OF OFFICE -- CERTIFIED COPIES OF DOCUMENTS AS EVIDENCE. The
23 state controller must, in addition to his original handwritten signature, keep
24 a seal of office or sign, or and use a facsimile signature, or electronic sig-
25 nature for the authentication of all papers, writings, and documents required
26 by law to be certified by him, and copies so authenticated and certified, of
27 all papers and documents lawfully deposited in his office, must be received in
28 evidence as the original.
29 SECTION 37. That Section 67-1024, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 67-1024. REGULATING CLAIMS REQUIRING PAYMENT IN ADVANCE. When an expendi-
32 ture authorized to be made by any state department, body or officer is of such
33 a nature as to require payment in advance of performance or delivery, then the
34 right of the officer to obtain such service or property on behalf of or in the
35 service of the state shall constitute a claim against the state to be pre-
36 sented and allowed as are other claims. The board of examiners may, in its
37 discretion, prescribe rules policies and procedures with respect to the filing
38 and allowance of such claims and the subsequent accounting therefor. Any money
39 obtained upon such claim and not expended on behalf of or in the service of
40 the state shall be repaid by the claimant to the state.
41 SECTION 38. That Section 67-1041, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 67-1041. VOUCHERS AND ACCOUNTS PRESERVED. Evidence of all accounts,
44 vouchers, and/or documents settled, or to be settled, by the state controller
45 or board of examiners must be preserved in his office for not less than two
46 (2) years, and copies thereof, authenticated by the official seal of the state
47 controller, shall be given to any person interested therein who requires the
48 same. After the legislative council has indicated no further need, such
49 records may be disposed of unless a specific written request for further
25
1 retention has been made to the state controller.
2 SECTION 39. That Section 67-1081, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 67-1081. SUBMISSION OF ANNUAL FINANCIAL STATEMENT TO STATE CONTROLLER BY
5 ALL TAXING UNITS OF GOVERNMENT -- RULES POLICIES. (1) When requested in addi-
6 tion to any other statement of financial condition required by law, the audi-
7 tor of every county, and the treasurer of any other taxing unit of government,
8 shall submit to the state controller an annual financial report, under oath,
9 as in this act provided. The state controller shall formulate rules policies
10 necessary hereunder.
11 (2) The state controller shall report to the prosecuting attorney, the
12 refusal or neglect of county officers to obey his instructions. The prosecut-
13 ing attorney, in case of county or municipal officers, shall promptly take
14 action to enforce a compliance with such instructions of the state controller.
15 SECTION 40. That Section 67-1102, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 67-1102. RECEIPTS AND DISBURSEMENTS -- CLASSIFICATION -- TABULATION BY
18 CALENDAR MONTHS. It shall be the duty of the state controller to classify,
19 according to the aforesaid standards, all remittances received into the state
20 treasury and all disbursements authorized therefrom, and to tabulate the same
21 by calendar months from original controller's certificates and data on file in
22 his office.
23 SECTION 41. That Section 67-1103, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 67-1103. CERTIFICATES AND CLAIM VOUCHERS TO CONTAIN DATA ESSENTIAL TO
26 CLASSIFICATION. The state controller shall not issue any certificate authoriz-
27 ing the treasurer to receive money record the receipt, nor file any claim
28 voucher for disbursement, until all data essential for classification purposes
29 regarding such document is set forth on such document in accordance with the
30 policies and procedures of the state controller.
31 SECTION 42. That Section 67-1209, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 67-1209. SUSPENSE ACCOUNT. Any state officer, department, board or insti-
34 tution having or receiving money in trust or for safe-keeping safekeeping
35 pending its final disposition or distribution shall deposit the same in the
36 state treasury in a special suspense account from which it may be withdrawn or
37 distributed under rules promulgated by policies and procedures of the state
38 controller.
39 SECTION 43. That Section 67-1610, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 67-1610. CAPITOL PERMANENT ENDOWMENT FUND. There is hereby created a per-
42 manent fund within the state treasury to be known as the capitol permanent
43 endowment fund, consisting of, from this point forward: (a) the proceeds of
44 the sale of lands granted to the state of Idaho for the purpose of facilitat-
45 ing the construction, repair, furnishing and improvement of public buildings
26
1 at its capitol by an Act of Congress (26 Stat. L. 214, ch. 656 (1890) (as
2 amended)) entitled "An Act to Provide for the Admission of the State of Idaho
3 into the Union," comprising thirty-two thousand (32,000) acres, or any portion
4 thereof, or mineral therein; (b) all unappropriated and unencumbered moneys in
5 the public building fund shown on the state controller's chart of accounts as
6 Fund No. 0481-09 the capitol permanent endowment fund; (c) retained earnings
7 to compensate for the effects of inflation; and (d) legislative appropria-
8 tions. The fund shall be managed by the endowment fund investment board in
9 accordance with chapter 5, title 68, Idaho Code. All realized earnings shall
10 be credited to the capitol endowment income fund creation created in section
11 67-1611, Idaho Code.
12 SECTION 44. That Section 67-3610, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 67-3610. UNIVERSITY OF IDAHO -- ANNUAL AUDITED FINANCIAL STATEMENT. As a
15 condition to availability of appropriations made to it, and to institutions
16 and activities under its control or supervision, the state board of education
17 and board of regents of the University of Idaho shall file with the state con-
18 troller on or before the 20th day of January of each year for the preceding
19 fiscal year a date mutually agreed upon by the state controller and the state
20 board of education and board of regents of the university of Idaho, an audited
21 financial statement showing receipt of moneys from state and federal appropri-
22 ations, endowment funds, local and institutional incomes, or from any other
23 source, made to it and to institutions and activities under its control or
24 supervision.
25 SECTION 45. That Section 67-7409, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 67-7409. POWERS AND DUTIES OF THE DIRECTOR. The director shall be respon-
28 sible for the daily operations of the lottery, and shall have the following
29 duties, powers and responsibilities in addition to others herein granted:
30 (1) The director shall:
31 (a) Operate and administer the lottery in accordance with the provisions
32 of this act chapter and the policies, and rules and regulations of the
33 lottery;
34 (b) Appoint deputy directors, sales personnel and security staff, who
35 shall be exempt from the provisions of chapter 53, title 67, Idaho Code,
36 as may be required to carry out the functions and duties of his office;
37 and
38 (c) Hire professional, technical and other employees as may be necessary
39 to perform the duties of his office subject to the provisions of chapter
40 53, title 67, Idaho Code.
41 (2) The director shall:
42 (a) Confer regularly with the commission on the operation and administra-
43 tion of the lottery;
44 (b) Make available for inspection by the commission, on request, all
45 books, records, files, and other information and documents of the lottery;
46 and
47 (c) Advise the commission and make such recommendations as the director
48 considers necessary and advisable to improve the operation and administra-
49 tion of the lottery.
50 (3) The director may enter into contracts for marketing, advertising,
51 promotion, research and studies for the lottery and for products and services
27
1 for effectuating the purposes of this chapter, however, contracts for major
2 procurements must be approved by the commission. The director may not enter
3 into contracts for the administration of the lottery.
4 (4) The director shall:
5 (a) Submit quarterly financial statements to the commission, the gover-
6 nor, the state treasurer, and the legislature. Such financial statements
7 shall be prepared in accordance with generally accepted accounting princi-
8 ples and shall include a balance sheet, a statement of operations, a
9 statement of changes in financial position, and related footnotes. Such
10 financial statements are to be provided within forty-five (45) days of the
11 last day of each quarter;
12 (b) Submit annual financial statements to the commission, the governor,
13 the state treasurer, and each member of the legislature. Such financial
14 statements shall be prepared in accordance with generally accepted
15 accounting principles and shall include a balance sheet, a statement of
16 operations, a statement of changes in financial position, and related
17 footnotes. Such financial statements shall have been examined by the state
18 controller legislative services office or a firm of independent certified
19 public accountants in accordance with generally accepted auditing stan-
20 dards and shall be provided within ninety (90) days of the last day of the
21 lottery's fiscal year;
22 (c) Report to the governor and the legislature any matters which require
23 immediate changes in the laws of this state in order to prevent abuses and
24 evasions of this act chapter or the rules and regulations of the lottery
25 or to rectify undesirable conditions in connection with administration or
26 operation of the lottery;
27 (d) Carry on a continuous study and investigation of the lottery to:
28 (i) Identify any defects in the provisions of this chapter or in
29 the rules and regulations of the commission leading to an abuse in
30 the administration or operation of the lottery or an evasion of this
31 act or the rules and regulations of the lottery;
32 (ii) Make recommendations for changes in this chapter or the rules
33 and regulations of the lottery to prevent abuses or evasions or to
34 improve the efficiency of the lottery;
35 (iii) Ensure that the provisions of this chapter and the rules and
36 regulations of the lottery are administered and formulated to serve
37 the purposes of this chapter;
38 (iv) Prevent the use of the lottery, the provisions of this chapter,
39 or the rules and regulations of the lottery from fostering profes-
40 sional gambling or crime;
41 (e) Make a continuous study and investigation of:
42 (i) The operation and administration of similar laws and lotteries
43 in other states and countries;
44 (ii) The available information on the subject of lotteries and
45 related subjects;
46 (iii) Any federal laws which may affect the operation of the lottery;
47 and
48 (iv) The reaction of citizens of this state to existing and poten-
49 tial features of the lottery with a view to recommending or effecting
50 changes that will tend to serve the purposes of this chapter.
51 (5) The director shall provide for secure lottery facilities and lottery
52 systems, including data processing facilities and systems.
53 (6) The director shall be responsible for monitoring class III gaming on
54 Indian reservations as may be required by compacts entered into by the state
55 in accordance with state statutory law and pursuant to the Indian Gaming Regu-
28
1 latory Act, 25 U.S.C. section 2701 et seq. and 18 U.S.C. sections 1166-1168.
2 (7) The director shall perform all other acts necessary to carry out the
3 purposes and provisions of this chapter.
4 SECTION 46. That Section 67-8305, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 67-8305. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
7 all moneys received by the institute shall be deposited in one (1) or more
8 separate accounts in the name of the institute in one (1) or more banks or
9 trust companies approved under chapter 27, title 67, Idaho Code, as state
10 depositories. The institute shall designate such banks or trust companies. All
11 funds so deposited are hereby continuously appropriated for the purpose of
12 carrying out the provisions of this chapter.
13 (2) Funds can be withdrawn or paid out of such accounts only upon checks
14 or other orders upon such accounts signed by two (2) officers designated by
15 the institute.
16 (3) The right is reserved to the state of Idaho to audit the funds of the
17 institute at any time.
18 (4) On or before January 15 of each year, the institute shall file with
19 the senate agricultural affairs committee, the house agricultural affairs com-
20 mittee, the legislative services office, the state controller, and the divi-
21 sion of financial management, a report showing the annual income and expenses
22 by standard classification of the institute during the preceding fiscal year.
23 The report shall also include an estimate of income to the institute for the
24 current and next fiscal year and a projection of anticipated expenses by cate-
25 gory for the current and next fiscal year. From and after January 15, 1998,
26 the report shall also include a reconciliation between the estimated income
27 and expenses projected and the actual income and expenses of the preceding
28 fiscal year.
29 (5) All moneys received or expended by the institute shall be audited
30 annually by a certified public accountant designated by the institute, who
31 shall furnish a copy of such audit to the state controller director of legis-
32 lative services and to the senate agricultural affairs committee and the house
33 agricultural affairs committee. The audit shall be completed within ninety
34 (90) days following the close of the fiscal year.
35 (6) The expenditures of the institute are expressly exempted from the
36 provisions of sections 67-2007 and 67-2008, Idaho Code.
STATEMENT OF PURPOSE
RS 12426C1
In 1994, the name and duties of the state controller were amended
in the Idaho Constitution and statutes. Since these amendments,
the state controller no longer performs any post-audit functions,
yet many sections of Idaho Code still call for the state
controller to participate in post-audit activities. Additionally,
some sections of Idaho law fail to reflect current accounting
standards and practices as well as the use of modern electronic
financial transmittals.
Lastly, Idaho code generically refers to rules and regulations
set by the state controller, yet elected officials implement
policies and procedures by convention.
This legislation proposes to update the statutes relating to the
Idaho State Controller and the state accounting and payroll
systems by reflecting current practices and organizational
structure of state government more accurately. As such, this
legislation will correct errors and codify existing policies and
practices of state government that:
1) Adapt current post-audit practices;
2) Comply with current standards of accounting;
3) Clarify existing delegation of fiscal review and approval
authority to state agencies, local governments, and
affiliated organizations;
4) Utilize electronic signatures, transfers and storage
mechanisms in modern financial transmittals;
5) Safeguard state funds by eliminating fund account numbers
in statutes;
6) Remove the state controller's seal as an authentication
practice for official documents, warrants, etc.;
7) Adjust linguistic form for policies and procedures as set
by elected officials; and
8) Clarify statutory duties, memberships and title of the
state controller.
FISCAL IMPACT
No fiscal impact.
Contact
Name: Keith Johnson
Agency: State Controller
Phone: 208-334-3100
Name: Rep. Jim Clark
Phone: 208-332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H89