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H0711......................................................by STATE AFFAIRS
IDAHO STATE INDEPENDENT LIVING COUNCIL - Adds to and amends existing law to
provide legislative intent; to create the Idaho State Independent Living
Council; to provide exemption from certain state laws; to provide powers of
the Idaho State Independent Living Council; to provide for appointment of
directors of the Idaho State Independent Living Council; to provide for
allocation of funds by designated state units; and to create the Idaho
Independent Living Council Fund.
02/16 House intro - 1st rdg - to printing
02/17 Rpt prt - to St Aff
02/23 Rpt out - rec d/p - to 2nd rdg
02/24 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 70-0-0
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
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, Langhorst, Martinez,
McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
Wood, Mr. Speaker
NAYS -- None
Absent and excused -- None
Floor Sponsor - Mr. Speaker
Title apvd - to Senate
02/27 Senate intro - 1st rdg - to St Aff
03/15 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand),
Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon,
Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge,
Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce,
Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk,
Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Calabretta
Title apvd - to House
03/20 To enrol - Rpt enrol - Sp signed - Pres signed
03/22 To Governor
03/24 Governor signed
Session Law Chapter 327
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 711
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO STATE INDEPENDENT LIVING COUNCIL; AMENDING TITLE 56,
3 IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 12, TITLE 56, IDAHO CODE, TO
4 PROVIDE LEGISLATIVE INTENT AND TO CREATE THE IDAHO STATE INDEPENDENT
5 LIVING COUNCIL, TO PROVIDE EXEMPTION FROM CERTAIN STATE LAWS, TO PROVIDE
6 POWERS OF THE IDAHO STATE INDEPENDENT LIVING COUNCIL, TO PROVIDE FOR
7 APPOINTMENT OF DIRECTORS OF THE IDAHO STATE INDEPENDENT LIVING COUNCIL, TO
8 PROVIDE ADDITIONAL POWERS AND DUTIES OF THE COUNCIL, TO PROVIDE FOR ALLO-
9 CATION OF FUNDS BY DESIGNATED STATE UNITS AND TO CREATE THE IDAHO STATE
10 INDEPENDENT LIVING COUNCIL FUND.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Title 56, Idaho Code, be, and the same is hereby amended
13 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
14 ter 12, Title 56, Idaho Code, and to read as follows:
15 CHAPTER 12
16 IDAHO STATE INDEPENDENT LIVING COUNCIL
17 56-1201. IDAHO STATE INDEPENDENT LIVING COUNCIL -- LEGISLATIVE INTENT.
18 The Idaho state independent living council, as hereby created and as provided
19 for in this chapter, is not a single department of state government unto
20 itself, nor is it a part of any of the twenty (20) departments of state gov-
21 ernment authorized by section 20, article IV, of the constitution of the state
22 of Idaho, or of the departments prescribed in section 67-2402, Idaho Code.
23 It is legislative intent that the Idaho state independent living council
24 operate and be recognized not as a state agency or department, but as a gov-
25 ernmental entity whose creation has been authorized by the state, much in the
26 same manner as other single purpose districts. Pursuant to this intent, and
27 because the Idaho state independent living council is not a state department
28 or agency, the Idaho state independent living council is exempt from the
29 required participation in the services of the purchasing agent or employee
30 liability coverage, as rendered by the department of administration. However,
31 nothing shall prohibit the Idaho state independent living council from enter-
32 ing into contractual arrangements with the department of administration, or
33 any other department of state government or an elected constitutional officer,
34 for these or any other services.
35 It is legislative intent to require compliance with the state merit sys-
36 tem, and to affirm the participation of the Idaho state independent living
37 council in the public employee retirement system, chapter 13, title 59, Idaho
38 Code, and the personnel system, chapter 53, title 67, Idaho Code.
39 It is also legislative intent that the matters of location of deposit of
40 Idaho state independent living council funds, or the instruments or documents
41 of payment from those funds shall be construed as no more than items of conve-
42 nience for the conduct of business, and in no way reflect upon the nature or
2
1 status of the Idaho state independent living council as an entity of govern-
2 ment.
3 This section merely affirms that the Idaho state independent living coun-
4 cil created under this chapter is not a state agency and in no way changes the
5 character of it as it existed prior to this chapter. The functions previously
6 performed by the state independent living council created by executive order
7 no. 2002-05, are hereby transferred to the Idaho state independent living
8 council pursuant to this chapter.
9 56-1202. IDAHO STATE INDEPENDENT LIVING COUNCIL -- POWERS. The council
10 shall:
11 (1) Be independent of any state agency;
12 (2) Adopt bylaws and policies governing its operation;
13 (3) Provide to the council's employees the employee benefit package
14 offered to state of Idaho employees; and
15 (4) Meet at least quarterly.
16 56-1203. DIRECTORS OF IDAHO STATE INDEPENDENT LIVING COUNCIL. Directors
17 of the Idaho state independent living council shall be appointed by, and
18 serve at the pleasure of, the governor. The governor shall comply with the
19 provisions of 29 U.S.C. section 796d(b) and 34 CFR 364.21 in making appoint-
20 ments to the council. The council shall select an executive director to carry
21 out the executive functions of the council.
22 56-1204. ADDITIONAL POWERS AND DUTIES. The council shall carry out those
23 powers and duties set forth in 29 U.S.C. section 796d(c) and 34 CFR 364.21.
24 The council shall also:
25 (1) Assess the need for services for Idahoans with disabilities and advo-
26 cate with decision makers;
27 (2) Supervise and evaluate such staff as may be necessary to carry out
28 the functions of the council;
29 (3) Ensure that all regularly scheduled meetings of the council are open
30 to the public and that sufficient advance notice of meetings is provided pur-
31 suant to the open meeting law;
32 (4) Prepare reports and make recommendations, as necessary;
33 (5) Perform other activities the council deems necessary to increase the
34 ability of Idahoans with disabilities to live independently;
35 (6) Promulgate rules, as may be necessary, in compliance with chapter 52,
36 title 67, Idaho Code.
37 56-1205. ALLOCATION OF FUNDS BY DESIGNATED STATE UNITS. The Idaho divi-
38 sion of vocational rehabilitation shall enter into an agreement with the Idaho
39 state independent living council for the allocation of funds to support the
40 council's activities. The funds shall be deposited in the Idaho state indepen-
41 dent living council fund created pursuant to section 56-1206, Idaho Code. Such
42 an agreement shall not be subject to the competitive bidding requirements as
43 provided by law, and shall be limited to the amounts appropriated by the leg-
44 islature or the United States congress.
45 56-1206. IDAHO STATE INDEPENDENT LIVING COUNCIL FUND. There is hereby
46 created in the state treasury the Idaho state independent living council fund.
47 Moneys in the fund shall consist of appropriations, grants, federal funds,
48 donations, gifts, or moneys from any other source. Moneys in the fund are
49 hereby perpetually appropriated for purposes provided in this chapter. The
50 state treasurer shall invest idle moneys in the fund and any interest received
3
1 on those investments shall be returned to the fund.
STATEMENT OF PURPOSE
RS 13910
The Rehabilitation Act Amendments of 1992 were signed into law in
October of 1992. One of the requirements was the establishment
of State Independent Living Councils (SILCs). The Idaho SILC was
created by Executive Order 93-01 in 1993.
The Federal Rehabilitation Act pertaining to the establishment
and the placement of the SILCs requires; "The SILC may not be
established as an entity within a state agency, including the
designated state agency or Designated State Unit (DSU). The SILC
shall be independent of the DSU and all other state agencies.
Although funds may flow through the DSU either directly to the
SILC or another entity operating under grant or contract
supporting the SILC, nothing in the grant or contract can serve
to limit the independence of the SILC."
By changing the placement of the SILC this legislation will bring
the SILC into compliance with federal law and is supported by the
Governor's Office, the Idaho SILC, the Idaho Commission for the
Blind and Visually Impaired and the Division of Vocational
Rehabilitation.
The structure of the SILC, its By-Laws and rules of operation
would remain the same and the Governor would continue to make the
appointments of all Council members.
FISCAL IMPACT
None
Contact
Name: Kelly Buckland, Executive Director, Idaho Independent
Living Council
Phone: (208) 334-3800
Speaker Bruce Newcomb
Phone: (208) 332-1111
STATEMENT OF PURPOSE/FISCAL NOTE H 711