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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 - 2003IN 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 AdaCcounty, 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., and51tThe state controller shall at the time ofthesuch serviceof such writ and52noticecollect a fee of ten dollars ($10.00) therefor from said officer.and53tThe 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 after2such service notify the board of examiners of the state of Idaho thereof, and3upon 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 6thereof so levied upon or garnisheed, or so much thereof as isnecessaryfor7the satisfaction of the writ of execution andto satisfy said judgmentupon8which the same was issued, and not subject toexcluding any exemption as pro- 9 videdforby law.and claimed by said person, shall be paid by the state con-10troller in the usual manner provided by law to the officer serving said writ11and notice, and saidThe 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 thestate controllerdirector 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 thestate controllerdirector 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 IdahoHhoney 34AadvertisingFfund. 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 38HhoneyAadvertisingFfund in the following manner:Vvouchers shall be approved 39 and submitted by the commission chairman, to the state controller, who shall,40upon approval by the state board of examiners, forthwith submit such vouchers41to the state treasurer for issue of warrants thereforto 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 thestate controllerdirector 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 thestate controllerdirector 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 thisactchapter. 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 thisactchapter. 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 controllerdirector 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 thestate controllerdirector 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 thestate controllerdirector 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 thestate controllerdirector 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 thestate controllerdirector 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 thestate controllerdirector 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 thisactchapter. 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 thestate controllerdirector 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 thestate controllerdirector 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 beunder the administrative direction of the48state controlleradministered 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 shallcause to be printed such number of blankauthorize 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 to51keep and maintain a record of the number of such licenses so printed, and to52hold tThe director shall manage the issuance of such licenses and be account- 53 able forsame and formoneys 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 generalaccountfund. 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 atanytimeany 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 thestate controllerdirector 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 exceedsthe 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,23after notice to the state treasurer,draw deficiency warrants in the autho- 24 rized amounts against the generalaccountfund. 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 drawdrafts32 warrants upon the state treasury for the transfer of the distributive sums 33 allocable to the several counties, highway districts and cities, whichdrafts34 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, after18notice 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 directlybenefitedben- 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 sobenefitedbenefitted 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 Idahobenefitedbenefitted 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 thestate controllerstate 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 tothe state control-27ler,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 44regulationsrules 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 thestate controllerdirector 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 totheinspectionand audit by the state auditor39and publicat 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 atanytimeany 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 legislativebudget officeservices, the stateauditorcontroller, 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 thestate auditordirector 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. Underrules and regulations23 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 suchrulespolicies 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, afterauditreview as 27 provided by law, shall draw his warrant against the public utilities commis- 28 sion fund for all such claims. 29 (3) Any moneyschapterremaining 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 utilitieschapteraccording 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 beregistered prior to issuance28 recorded in the office of the state controller.and a legend to that effect29shall 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 generalaccount of the state operat-36ingfund 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 rulesand regulationsfor 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 ruleor regulationof 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 ruleor reg-3ulationof 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 beauditedreviewed and allowed in the same manner as other 19 accounts against the state areauditedreviewed and allowed. When allowed the 20 state controller must draw his warrant on the state treasurer for the amount 21 soauditedreviewed 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 makeregulationsrules 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, article3III of the Idaho 39Cconstitution, 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 stateauditorcontroller 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 asisare 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 20a seal of office or sign, orand 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, prescriberulespolicies 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 preservedin his officefor not less than two 42 (2) years, and copies thereof, authenticated by the official seal of the state43controller, shall be given to any person interested therein who requires the44same. 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 --RULESPOLICIES. (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 formulaterulespolicies 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 fromoriginal controller's certificates anddata 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 notissue any certificate authoriz-24ing the treasurer to receive moneyrecord the receipt, nor file any claim 25 voucher for disbursement, until all data essential for classification purposes 26 regarding such document is set forthon such documentin 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 forsafe-keepingsafekeeping 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 underrules promulgated bypolicies 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 1Fund No. 0481-09the 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 fundcreationcreated 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 beforethe 20th day of January of each year for the preceding14fiscal yeara 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 thisactchapter and the policies,and rulesand regulationsof 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 thestate13controllerlegislative 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 thisactchapter or the rulesand regulationsof 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 rulesand regulationsof the lottery; 27 (ii) Make recommendations for changes in this chapter or the rules 28and regulationsof 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 rulesand31regulationsof 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 rulesand regulationsof 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 thestate controllerdirector 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 - 2003Moved 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 - 2003IN 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 AdaCcounty, 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., and47tThe state controller shall at the time ofthesuch serviceof such writ and48noticecollect a fee of ten dollars ($10.00) therefor from said officer.and49tThe state controller shall thereafter have a period of thirty (30) days in 50 which to answer said notice of garnishment.and he shall immediately after51such service notify the board of examiners of the state of Idaho thereof, and52upon 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 2thereof so levied upon or garnisheed, or so much thereof as isnecessaryfor3the satisfaction of the writ of execution andto satisfy said judgmentupon4which the same was issued, and not subject toexcluding any exemption as pro- 5 videdforby law.and claimed by said person, shall be paid by the state con-6troller in the usual manner provided by law to the officer serving said writ7and notice, and saidThe 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 thestate controllerdirector 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 thestate controllerdirector 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 IdahoHhoney 30AadvertisingFfund. 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 34HhoneyAadvertisingFfund in the following manner:Vvouchers shall be approved 35 and submitted by the commission chairman, to the state controller, who shall,36upon approval by the state board of examiners, forthwith submit such vouchers37to the state treasurer for issue of warrants thereforto 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 thestate controllerdirector 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 thestate controllerdirector 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 thisactchapter. 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 thisactchapter. 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 controllerdirector 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 thestate controllerdirector 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 thestate controllerdirector 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 thestate controllerdirector 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 thestate controllerdirector 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 thestate controllerdirector 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 thisactchapter. 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 thestate controllerdirector 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 thestate controllerdirector 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 shallcause to be printed such number of blankauthorize 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 to3keep and maintain a record of the number of such licenses so printed, and to4hold tThe director shall manage the issuance of such licenses and be account- 5 able forsame and formoneys 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 generalaccountfund. 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 atanytimeany 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 thestate controllerdirector 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 exceedsthe 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,29after notice to the state treasurer,draw deficiency warrants in the autho- 30 rized amounts against the generalaccountfund. 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 drawdrafts38 warrants upon the state treasury for the transfer of the distributive sums 39 allocable to the several counties, highway districts and cities, whichdrafts40 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, after24notice 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 directlybenefitedben- 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 sobenefitedbenefitted 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 Idahobenefitedbenefitted 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 thestate controllerstate 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 tothe state control-33ler,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 50regulationsrules 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 thestate controllerdirector 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 totheinspectionand audit by43the state auditor and publicat 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 atanytimeany 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 legislativebudget officeservices, the stateauditorcontroller, 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 thestate auditordirector 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. Underrules and regulations28 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 suchrulespolicies 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, afterauditreview as 30 provided by law, shall draw his warrant against the public utilities commis- 31 sion fund for all such claims. 32 (3) Any moneyschapterremaining 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 utilitieschapteraccording 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 beregistered prior to issuance32 recorded in the office of the state controller.and a legend to that effect33shall 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 generalaccount of the state operat-40ingfund 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 rulesand regulationsfor 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 ruleor regulationof 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 ruleor reg-7ulationof 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 beauditedreviewed and allowed in the same manner as other 23 accounts against the state areauditedreviewed and allowed. When allowed the 24 state controller must draw his warrant on the state treasurer for the amount 25 soauditedreviewed 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 makeregulationsrules 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, article3III of the Idaho 43Cconstitution, 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 stateauditorcontroller 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 asisare 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 24a seal of office or sign, orand 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, prescriberulespolicies 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 preservedin his officefor not less than two 46 (2) years, and copies thereof, authenticated by the official seal of the state47controller, shall be given to any person interested therein who requires the48same. 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 --RULESPOLICIES. (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 formulaterulespolicies 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 fromoriginal controller's certificates anddata 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 notissue any certificate authoriz-27ing the treasurer to receive moneyrecord the receipt, nor file any claim 28 voucher for disbursement, until all data essential for classification purposes 29 regarding such document is set forthon such documentin 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 forsafe-keepingsafekeeping 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 underrules promulgated bypolicies 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 6Fund No. 0481-09the 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 fundcreationcreated 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 beforethe 20th day of January of each year for the preceding19fiscal yeara 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 thisactchapter and the policies,and rulesand regulationsof 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 thestate18controllerlegislative 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 thisactchapter or the rulesand regulationsof 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 rulesand regulationsof the lottery; 32 (ii) Make recommendations for changes in this chapter or the rules 33and regulationsof 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 rulesand36regulationsof 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 rulesand regulationsof 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 thestate controllerdirector 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