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S1316.................................................by HEALTH AND WELFARE
DEPARTMENT OF HEALTH AND WELFARE - Amends existing law to change the name
of the Department of Health and Welfare to the Department of Health and
Social Services.
02/16 Senate intro - 1st rdg - to printing
02/17 Rpt prt - to Health/Wel
02/23 Rpt out - rec d/p - to 2nd rdg
02/24 2nd rdg - to 3rd rdg
02/26 3rd rdg - FAILED - 15-16-4
AYES -- Brandt, Burkett, Calabretta, Compton, Davis, Goedde, Ingram,
Kennedy, Little, Malepeai, Marley, Noh, Schroeder, Stegner, Stennett
NAYS -- Bailey, Bunderson, Burtenshaw, Cameron, Darrington, Gannon,
Geddes, Hill, Keough, Lodge, McKenzie, McWilliams, Noble, Pearce,
Richardson, Sorensen
Absent and excused -- Andreason, Sweet, Werk, Williams
Floor Sponsor - Brandt
Filed in Office of the Secretary of Senate
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1316
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO THE DEPARTMENT OF HEALTH AND WELFARE; STATING FINDINGS OF THE LEG-
3 ISLATURE AND PROVIDING THAT THE NAME OF THE DEPARTMENT OF HEALTH AND WEL-
4 FARE SHALL BE CHANGED TO THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES;
5 AMENDING SECTION 56-1001, IDAHO CODE, TO PROVIDE A NAME CHANGE FOR THE
6 DEPARTMENT OF HEALTH AND WELFARE, AND THE BOARD OF HEALTH AND WELFARE AND
7 TO GOVERN REFERENCES TO THE DEPARTMENT OF HEALTH AND WELFARE; AND AMENDING
8 SECTIONS 67-2402 AND 67-2406, IDAHO CODE, TO PROVIDE A NAME CHANGE FOR THE
9 DEPARTMENT OF HEALTH AND WELFARE.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. LEGISLATIVE FINDINGS. It is the finding of the Legislature
12 that in order to accurately reflect and represent the responsibilities of that
13 agency of state government now designated the Department of Health and Wel-
14 fare, it is appropriate that the agency name be changed and therefore, the
15 agency shall hereafter be the Department of Health and Social Services. When-
16 ever in the Idaho Code or elsewhere, reference is made to the Department of
17 Health and Welfare it shall mean and hereafter be, the Department of Health
18 and Social Services.
19 SECTION 2. That Section 56-1001, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 56-1001. DEFINITIONS. Whenever used or referred to in this chapter,
22 unless a different meaning clearly appears from the context, the following
23 terms shall have the following meanings:
24 (1) "Board" means the board of health and welfare social services as cre-
25 ated in section 56-1005, Idaho Code.
26 (2) "Department" means the department of health and welfare social ser-
27 vices. Whenever in the Idaho Code or elsewhere, reference is made to the
28 department of health and welfare it shall mean and hereafter be the department
29 of health and social services.
30 (3) "Director" means the director of the department of health and welfare
31 social services.
32 (4) "Isolation" means the separation of infected persons, or of persons
33 suspected to be infected, from other persons to such places, under such condi-
34 tions, and for such time as will prevent transmission of the infectious agent.
35 (5) "Laboratory" means not only facilities for biological, serological,
36 biophysical, cytological and pathological tests, but also facilities for the
37 chemical or other examination of materials from water, air or other sub-
38 stances.
39 (6) "Person" means any individual, association, partnership, firm, joint
40 stock company, trust, estate, political subdivision, public or private corpo-
41 ration, state or federal governmental department, agency or instrumentality,
42 or any other legal entity which is recognized by law as the subject of rights
2
1 and duties.
2 (7) "Public swimming pool" means an artificial structure, and its appur-
3 tenances, which contains water more than two (2) feet deep which is used or
4 intended to be used for swimming or recreational bathing, and which is for the
5 use of any segment of the public pursuant to a general invitation but not an
6 invitation to a specific occasion or occasions. The term does not include a
7 swimming pool operated solely for and in conjunction with a hotel, motel or
8 other place of lodging, or a trailer park, apartment, condominium or any other
9 residential facility containing multiple dwellings.
10 (8) "Quarantine" means the restriction placed on the entrance to and exit
11 from the place or premises where an infectious agent or hazardous material
12 exists.
13 (9) "State" means the state of Idaho.
14 (10) "Substantive" means that which creates, defines or regulates the
15 rights of any person or implements, interprets or prescribes law or policy,
16 but does not include statements concerning only the internal management of the
17 department and not affecting private rights or procedures available to the
18 public.
19 SECTION 3. That Section 67-2402, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 67-2402. STRUCTURE OF THE EXECUTIVE BRANCH OF IDAHO STATE GOVERNMENT. (1)
22 Pursuant to section 20, article IV, Idaho constitution, all executive and
23 administrative offices, agencies, and instrumentalities of the executive
24 department of state, except for those assigned to the elected constitutional
25 officers, are allocated among and within the following departments:
26 Department of administration
27 Department of agriculture
28 Department of commerce
29 Department of correction
30 Department of labor
31 Department of environmental quality
32 Department of finance
33 Department of fish and game
34 Department of health and welfare social services
35 Department of insurance
36 Department of juvenile corrections
37 Idaho transportation department
38 Industrial commission
39 Department of lands
40 Idaho state police
41 Department of parks and recreation
42 Department of revenue and taxation
43 Department of self-governing agencies
44 Department of water resources
45 State board of education
46 The public school districts of Idaho, having condemnation authority, shall
47 be considered civil departments of state government for the purpose of and
48 limited to the purchase of state endowment land at appraised prices.
49 (2) The governor, lieutenant governor, secretary of state, state control-
50 ler, state treasurer, attorney general and superintendent of public instruc-
51 tion each heads a constitutional office.
52 (3) For its internal structure, unless specifically provided otherwise,
53 each department shall adhere to the following standard terms:
3
1 (a) The principal unit of a department is a division. Each division shall
2 be headed by an administrator. The administrator of any division shall be
3 exempt from the provisions of chapter 53, title 67, Idaho Code.
4 (b) The principal unit of a division is a bureau. Each bureau shall be
5 headed by a chief.
6 (c) The principal unit of a bureau is a section. Each section shall be
7 headed by a supervisor.
8 SECTION 4. That Section 67-2406, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 67-2406. DIRECTORS OF DEPARTMENTS ENUMERATED. The following department
11 directors are created:
12 Director, department of administration
13 Director, department of agriculture
14 Director, department of commerce
15 Director, department of correction
16 Director, department of labor
17 Director, department of finance
18 Director, department of fish and game
19 Director, department of environmental quality
20 Director, department of health and welfare social services
21 Director, department of insurance
22 Director, department of juvenile corrections
23 Director, Idaho transportation department
24 Director, department of lands
25 Director, Idaho state police
26 Director, department of parks and recreation
27 Director, department of water resources.
STATEMENT OF PURPOSE
RS 13641
Changing the name of the Department of Health and Welfare to
Department of Health and Social Services.
The Department has been known as Health and Welfare for many
years and the name no longer makes sense. It does not reflect the
widespread and critically important roles we play in local
communities in every corner of the state. It is time to change
the name. The old name suggests that "welfare" is half of what we
do, and nothing could be further from the truth.
Very little of what is done today can be considered "welfare" as
most people define it. Welfare goes back to the days when the
Department gave out cash assistance without expecting anything in
return. Today, that is no longer true.
I propose "social services" because that far more accurately
explains the services the Department provides communities. By
providing health and social services, we invest in people - some
of them in need, some of them in crisis. By doing so, the
Department also invests in local communities, local businesses,
and local jobs.
That is not welfare. That is investment in our communities, and
investment made through social services, not welfare.
FISCAL IMPACT
$30,000 for replacement of signs at Department facilities and
telephone book changes. Implementation is set for July 1, 2004.
CONTACT:
Name: Joyce McRoberts
Agency: Department of Health and Welfare
Phone: 334-5500
STATEMENT OF PURPOSE/FISCAL IMPACT S 1316