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H0629......................................................by STATE AFFAIRS
CODIFIER CORRECTIONS - Amends existing law to "clean up" various code
sections and subsections by renumbering those code sections or subsections
that were redesignated by the compiler of the Idaho Code as a result of
multiple amendments to code sections during the 2003 Legislative Session.
02/09 House intro - 1st rdg - to printing
02/10 Rpt prt - to St Aff
02/17 Rpt out - rec d/p - to 2nd rdg
02/18 2nd rdg - to 3rd rdg
02/23 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 - Black
Title apvd - to Senate
02/24 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 - President Pro Tem Geddes
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 318
Effective: 01/01/04 Section 12
03/24/04 All others
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 629
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO CODE CODIFIER'S CORRECTIONS; AMENDING SECTION 1-1624,
3 IDAHO CODE, AS ADDED BY SECTION 2, CHAPTER 291, LAWS OF 2003, TO REDESIG-
4 NATE THE SECTION; AMENDING SECTION 23-217, IDAHO CODE, TO PROVIDE A COR-
5 RECT CITATION; AMENDING SECTION 23-1303, IDAHO CODE, TO PROVIDE TECHNICAL
6 CORRECTIONS; AMENDING SECTION 31-808, IDAHO CODE, TO PROVIDE TECHNICAL
7 CORRECTIONS; AMENDING SECTION 39-5702, IDAHO CODE, TO PROVIDE TECHNICAL
8 CORRECTIONS; AMENDING THE HEADING FOR CHAPTER 84, TITLE 39, IDAHO CODE, AS
9 ADDED BY SECTION 1, CHAPTER 231, LAWS OF 2003, TO REDESIGNATE THE CHAPTER;
10 AMENDING SECTION 39-8401, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 231,
11 LAWS OF 2003, TO REDESIGNATE THE SECTION; AMENDING SECTION 39-8402, IDAHO
12 CODE, AS ADDED BY SECTION 1, CHAPTER 231, LAWS OF 2003, TO REDESIGNATE THE
13 SECTION; AMENDING SECTION 39-8403, IDAHO CODE, AS ADDED BY SECTION 1,
14 CHAPTER 231, LAWS OF 2003, TO REDESIGNATE THE SECTION AND TO PROVIDE A
15 CORRECT CODE REFERENCE; AMENDING SECTION 39-8404, IDAHO CODE, AS ADDED BY
16 SECTION 1, CHAPTER 231, LAWS OF 2003, TO REDESIGNATE THE SECTION; AMENDING
17 SECTION 41-1336, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 85, LAWS OF
18 2003, TO REDESIGNATE THE SECTION; AMENDING SECTION 63-3029E, IDAHO CODE,
19 TO REVISE THE DEFINITION OF "NEW EMPLOYEE"; AMENDING SECTION 65-202, IDAHO
20 CODE, TO MAKE A TECHNICAL CORRECTION; DECLARING AN EMERGENCY, PROVIDING
21 RETROACTIVE APPLICATION AND PROVIDING EFFECTIVE DATES.
22 Be It Enacted by the Legislature of the State of Idaho:
23 SECTION 1. That Section 1-1624, Idaho Code, as added by Section 2, Chap-
24 ter 291, Laws of 2003, be, and the same is hereby amended to read as follows:
25 1-16245. DRUG COURT AND FAMILY COURT SERVICES FUND. There is hereby cre-
26 ated in the office of the state treasurer a special fund to be known as the
27 drug court and family court services fund. Moneys deposited into the fund pur-
28 suant to section 23-217, Idaho Code, subject to appropriation by the legisla-
29 ture, shall be used by the supreme court for the operations of drug courts,
30 including drug testing, drug court substance abuse treatment and supervision,
31 and related court programs, as provided in chapter 56, title 19, Idaho Code,
32 and for the purpose of assisting children and families in the courts, as pro-
33 vided in chapter 14, title 32, Idaho Code.
34 SECTION 2. That Section 23-217, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 23-217. SURCHARGE ADDED TO PRICE OF GOODS SOLD -- COLLECTION AND REMIS-
37 SION BY SUPERINTENDENT. (1) The superintendent of the state liquor dispensary
38 is hereby authorized and directed to include in the price of goods hereafter
39 sold in the dispensary, and its branches, a surcharge equal to two percent
40 (2%) of the current price per unit computed to the nearest multiple of five
41 cents (5ยข).
2
1 (2) After the price of the surcharge has been included, the superintend-
2 ent of the state liquor dispensary is hereby authorized and directed to allow
3 a discount of five percent (5%) from the price of each order of goods sold to
4 any licensee, as defined in section 23-902(7), Idaho Code.
5 (3) The surcharge imposed pursuant to this section shall be collected and
6 credited monthly to the drug court and family court services fund, as set
7 forth in section 1-16245, Idaho Code.
8 SECTION 3. That Section 23-1303, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 23-1303. DEFINITIONS. The following terms as used in this chapter are
11 hereby defined as follows:
12 (a) "Table wine" shall mean any alcoholic beverage containing not more
13 than sixteen percent (16%) alcohol by volume obtained by the fermentation of
14 the natural sugar content of fruits or other agricultural products containing
15 sugar whether or not other ingredients are added.
16 (b) "Director" means the director of the Idaho state police.
17 (c) "Dessert wine" means only those beverages that are designated or
18 labeled, pursuant to the federal alcohol administration act, as "sherry,"
19 "madeira" or "port," which contain more than sixteen percent (16%) alcohol by
20 volume, but do not exceed twenty-one percent (21%) alcohol by volume. Dessert
21 wine as defined herein shall not be deemed to be a spirit based beverage for
22 the purposes of subsection (p) of this section.
23 (d) "Retail wine license" means a license issued by the director, autho-
24 rizing a person to sell table wine and/or dessert wine at retail for consump-
25 tion off the licensed premises.
26 (e) "Wine distributor's license" means a license issued by the director
27 to a person authorizing such person to distribute table wine or dessert wine
28 to retailers within the state of Idaho.
29 (f) "Wine importer's license" means a license issued by the director to a
30 person authorizing such person to import table wine or dessert wine into the
31 state of Idaho and to sell and distribute such wines to a distributor.
32 (g) "Retailer" means a person to whom a retail wine license has been
33 issued.
34 (h) "Distributor" means a person to whom a wine distributor's license has
35 been issued.
36 (i) "Importer" means a person to whom a wine importer's license has been
37 issued.
38 (j) "Winery" means a place, premises or establishment within the state of
39 Idaho for the manufacture or bottling of table wine or dessert wine for sale.
40 (k) "Winery license" means a license issued by the director authorizing a
41 person to maintain a winery.
42 (l) "Vintner" means a person who manufactures, bottles, or sells table
43 wine or dessert wine to importers for resale within this state other than a
44 licensed "winery" as herein defined.
45 (m) "Person" includes an individual, firm, copartnership, association,
46 corporation, or any group or combination acting as a unit, and includes the
47 plural as well as the singular unless the intent to give a more limited mean-
48 ing is disclosed by the context in which it is used.
49 (n) "Wine by the drink license" means a license to sell table wine or
50 dessert wine by the individual glass or opened bottle at retail, for consump-
51 tion on the premises only.
52 (o) "Domestic produced product" means wine at least seventy-five percent
53 (75%) of which by volume is derived from fruit or agricultural products grown
3
1 in Idaho.
2 (p) "Low proof spirit beverages" means any alcoholic beverage containing
3 not more than fourteen percent (14%) alcohol by volume obtained by distilla-
4 tion mixed with drinkable water, fruit juices and/or other ingredients in
5 solution. These products shall be considered and taxed as wine. Spirit based
6 beverages exceeding fourteen percent (14%) alcohol by volume shall be consid-
7 ered as liquor and sold only through the state liquor dispensary system.
8 (q) "Wine" includes table wine and dessert wine, unless the context
9 requires otherwise.
10 (r) "Theater" means a room, place or outside structure for performances
11 or readings of dramatic literature, plays or dramatic representations of an
12 art form not in violation of any provision of Idaho law.
13 (qs) "Live performance" means a performance occurring in a theater and
14 not otherwise in violation of any provision of Idaho law.
15 (rt) All other words and phrases used in this chapter, the definitions of
16 which are not herein given, shall be given their ordinary and commonly under-
17 stood and accepted meanings.
18 SECTION 4. That Section 31-808, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 31-808. SALE OF COUNTY PROPERTY -- GENERAL PROCEDURE -- SALE OF PROPERTY
21 ACQUIRED THROUGH TAX DEED -- PROCEDURE AFTER ATTEMPTED AUCTION -- EXCHANGE OF
22 COUNTY PROPERTY -- SALE OF CERTAIN ODD-LOT PROPERTY -- SALE, EXCHANGE OR DONA-
23 TION OF PROPERTY TO OTHER UNITS OF GOVERNMENT. (1) A board of county commis-
24 sioners shall have the power and authority to sell or offer for sale at public
25 auction any real or personal property belonging to the county not necessary
26 for its use. However, personal property not exceeding two hundred fifty dol-
27 lars ($250) in value may be sold at private sale without notice or public auc-
28 tion. Prior to offering the property for sale, the board of county commission-
29 ers shall advertise notice of the auction in a newspaper, as defined in sec-
30 tion 60-106, Idaho Code, either published in the county or having a general
31 circulation in the county, not less than ten (10) calendar days prior to the
32 auction. If the property to be sold is real property, the notice to be pub-
33 lished shall contain the legal description as well as the street address of
34 the property. If the property is outside the corporate limits of a city and
35 does not have a street address, then the description shall also contain the
36 distance and direction of the location of the real property from the closest
37 city. If the property to be sold is acquired by tax deed, the notice required
38 to be published shall include, next to the description of the property, the
39 name of the taxpayer as it appears in the delinquent tax certificate upon
40 which the tax deed was issued. The property shall be sold to the highest bid-
41 der. However, the board of county commissioners may reserve the right to
42 reject any and all bids and shall have discretionary authority to reject or
43 accept any bid which may be made for an amount less than the total amount of
44 all delinquent taxes, late charges, costs and interest which may have accrued
45 against any property so offered for sale, including the amount specified in
46 the tax deed to the county.
47 (2) Proceeds from the sale of county property not acquired by tax deed
48 shall be paid into the county treasury for the general use of the county. If
49 the property to be sold has been acquired by tax deed, pursuant to the provi-
50 sions of chapter 10, title 63, Idaho Code, the proceeds from the sale, after
51 reimbursement to the county for the cost of advertising and sale, shall be
52 apportioned to the taxing districts in which the property is situated accord-
53 ing to the levy applied to the year of delinquency upon which the tax deed was
4
1 issued to the county.
2 (3) Any property sold may be carried on a recorded contract with the
3 county for a term not to exceed ten (10) years and at an interest rate not to
4 exceed the rate of interest specified in section 28-22-104(1), Idaho Code. The
5 board of county commissioners shall have the authority to cancel any contract
6 if the purchaser fails to comply with any of the terms of the contract and the
7 county shall retain all payments made on the contract. The title to all prop-
8 erty sold on contract shall be retained in the name of the county until full
9 payment has been made by the purchaser. However, the purchaser shall be
10 responsible for payment of all property taxes during the period of the con-
11 tract.
12 (4) Any sale of property by the county shall vest in the purchaser all of
13 the right, title and interest of the county in the property, including all
14 delinquent taxes which have become a lien on the property since the date of
15 issue of the tax deed, if any.
16 (5) In addition to the purchase price, a purchaser of county property,
17 including property acquired by tax deed, shall pay all fees required by law
18 for the transfer of property. No deed for any real estate purchased pursuant
19 to the provisions of this section shall be delivered to a purchaser until such
20 deed has been recorded in the county making the sale.
21 (6) Should the county be unable to sell at a public auction any real or
22 personal property belonging to the county, including property acquired by tax
23 deed, it may sell the property without further notice by public or private
24 sale upon such terms and conditions as the county deems necessary. Distribu-
25 tion of the proceeds of sale shall be as set forth in subsection (2) of this
26 section.
27 (7) The board of county commissioners may at its discretion, when in the
28 county's best interest, exchange and do all things necessary to exchange any
29 of the real property now or hereafter held and owned by the county for real
30 property of equal value, public or private, to consolidate county real prop-
31 erty or aid the county in the control and management or use of county real
32 property.
33 (8) The board of county commissioners may, by resolution, declare certain
34 parcels of real property as odd-lot property, all or portions of which are not
35 needed for public purposes and are excess to the needs of the county. For pur-
36 poses of this subsection, odd-lot property is defined as that property that
37 has an irregular shape or is a remnant and has value primarily to an adjoining
38 property owner. Odd-lot property may be sold to an adjacent property owner for
39 fair market value that is estimated by a land appraiser licensed to appraise
40 property in the state of Idaho. If, after thirty (30) days' written notice, an
41 adjoining property owner or owners do not desire to purchase the odd-lot prop-
42 erty, the board of county commissioners may sell the property to any other
43 interested party for not less than the appraised value. When a sale of odd-lot
44 property is agreed to, a public advertisement of the pending sale shall be
45 published in one (1) edition of the newspaper as defined in subsection (1) of
46 this section, and the public shall have fifteen (15) days to object to the
47 sale in writing. The board of county commissioners shall make the final deter-
48 mination regarding the sale of odd-lot property in an open meeting.
49 (9) In addition to any other powers granted by law, the board of county
50 commissioners may at their discretion, grant to or exchange with the federal
51 government, the state of Idaho, any political subdivision or taxing district
52 of the state of Idaho or any local historical society which is incorporated as
53 an Idaho nonprofit corporation which operates primarily in the county or main-
54 tains a museum in the county, with or without compensation, any real or per-
55 sonal property or any interest in such property owned by the county or
5
1 acquired by tax deed, after adoption of a resolution by the board of county
2 commissioners that the grant or exchange of property is in the public inter-
3 est. Notice of such grant or exchange shall be as provided in subsection (1)
4 of this section and the decision may be made at any regularly or specially
5 scheduled meeting of the board of county commissioners. The execution and
6 delivery by the county of the deed conveying an interest in the property
7 shall operate to discharge and cancel all levies, liens and taxes made or cre-
8 ated for the benefit of the state, county or any other political subdivision
9 or taxing district and to cancel all titles or claims of title including
10 claims of redemption to such real property asserted or existing at the time of
11 such conveyance. However, if the property conveyed is subject to a lien for
12 one (1) or more unsatisfied special assessments, the lien shall continue until
13 all special assessments have been paid in full. At no time shall a lien for a
14 special assessment be extinguished prior to such special assessment having
15 been paid in full. Any property conveyed to any local historical society by
16 the county shall revert to the county when the property is no longer utilized
17 for the purposes for which it was conveyed.
18 (10) When the county has title to mineral rights severed from the property
19 to which they attach, and the mineral rights have value of less than twenty-
20 five dollars ($25.00) per acre, the board of county commissioners may act to
21 return the mineral rights to the land from which they were severed in the fol-
22 lowing manner: the proposed action must appear on the agenda of a regular
23 meeting of the board of county commissioners; and the motion to make the
24 return must be adopted unanimously by the board voting in open meeting. (11)
25 SECTION 5. That Section 39-5702, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 39-5702. DEFINITIONS. The terms used in this chapter are defined as fol-
28 lows:
29 (1) "Business" means any company, partnership, firm, sole proprietorship,
30 association, corporation, organization, or other legal entity, or a represen-
31 tative of the foregoing entities.
32 (2) "Delivery sale" means to distribute tobacco products to a consumer in
33 a state where either: (a) the individual submits the order for such sale by
34 means of a telephonic or other method of voice transmission, data transfer via
35 computer networks, including the internet and other online services, or fac-
36 simile, or the mails; or (b) the tobacco products are delivered by use of the
37 mails or a delivery service.
38 (3) "Delivery service" means any person who is engaged in the commercial
39 delivery of letters, packages or other containers.
40 (4) "Department" means the state department of health and welfare or its
41 duly authorized representative.
42 (5) "Distribute" means to give, deliver, sell, offer to give, offer to
43 deliver, offer to sell or cause any person to do the same or hire any person
44 to do the same.
45 (6) "Minor" means a person under eighteen (18) years of age.
46 (7) "Minor exempt permit" means a permittee location whose revenues from
47 the sale of alcoholic beverages for on-site consumption comprises at least
48 fifty-five percent (55%) of total revenues, or whose products and services are
49 primarily obscene, pornographic, profane or sexually oriented, is exempt from
50 inspections assisted by a minor, if minors are not allowed in the location and
51 such prohibition is posted clearly on all entrance doors.
52 (7)(6)(8) "Permit" means a permit issued by the department for the sale
53 or distribution of tobacco products.
6
1 (8)(7)(9) "Permittee" means the holder of a valid permit for the sale or
2 distribution of tobacco products.
3 (9)(8)(10) "Photographic identification" means state, district, territo-
4 rial, possession, provincial, national or other equivalent government driver's
5 license, identification card or military card, in all cases bearing a photo-
6 graph and a date of birth, or a valid passport.
7 (10)(9)(11) "Random unannounced inspection" means an inspection of retail
8 outlets by a law enforcement agency or by the department, with or without the
9 assistance of a minor, to monitor compliance of this chapter.
10 (11)(10)(12) "Seller" means the person who physically sells or distributes
11 tobacco products.
12 (12)(11)(13) "Tobacco product" means any substance that contains tobacco
13 including, but not limited to, cigarettes, cigars, pipes, snuff, smoking
14 tobacco, tobacco papers, or smokeless tobacco.
15 (13)(12)(14) "Vending machine" means any mechanical, electronic or other
16 similar device which, upon the insertion of tokens, money or any other form of
17 payment, dispenses tobacco products.
18 (14)(13)(15) "Vendor assisted sales" means any sale or distribution in
19 which the customer has no access to the product except through the assistance
20 of the seller.
21 (15)(14)(16) "Without a permit" means a business that has failed to obtain
22 a permit or a business whose permit is suspended or revoked.
23 SECTION 6. That the Heading for Chapter 84, Title 39, Idaho Code, as
24 added by Section 1, Chapter 231, Laws of 2003, be, and the same is hereby
25 amended to read as follows:
26 CHAPTER 845
27 LAKE PEND OREILLE, PEND OREILLE RIVER,
28 PRIEST LAKE AND PRIEST RIVER COMMISSION
29 SECTION 7. That Section 39-8401, Idaho Code, as added by Section 1, Chap-
30 ter 231, Laws of 2003, be, and the same is hereby amended to read as follows:
31 39-84018501. CREATION OF LAKE PEND OREILLE, PEND OREILLE RIVER, PRIEST
32 LAKE AND PRIEST RIVER COMMISSION. There is hereby created in the area in and
33 around Bonner county, the Lake Pend Oreille, Pend Oreille River, Priest Lake
34 and Priest River commission.
35 SECTION 8. That Section 39-8402, Idaho Code, as added by Section 1,
36 Chapter 231, Laws of 2003, be, and the same is hereby amended to read as fol-
37 lows:
38 39-84028502. MEMBERSHIP. The commission shall consist of seven (7) mem-
39 bers as follows: a chairman and four (4) members who may be residents of the
40 county of Bonner and shall be selected by the governor; the regional director
41 of the United States fish and wildlife service; and the attorney general of
42 the state of Idaho or the attorney general's designee. The governor of the
43 state of Montana or the Montana governor's designee shall be an ex officio
44 member of the commission. The terms of the members shall be three (3) years
45 with the initial term to be staggered in terms of one (1), two (2) and three
46 (3) years by the governor when he makes the appointment. A majority of the
47 commission shall constitute a quorum for the transaction of business. The
48 chairman and the four (4) members appointed by the governor shall be confirmed
49 by the senate. Members shall be compensated as provided in section 59-509(b),
7
1 Idaho Code.
2 SECTION 9. That Section 39-8403, Idaho Code, as added by Section 1, Chap-
3 ter 231, Laws of 2003, be, and the same is hereby amended to read as follows:
4 39-84038503. DUTIES OF THE COMMISSION. (1) The Lake Pend Oreille, Pend
5 Oreille River, Priest Lake and Priest River commission shall have the duty to
6 study, investigate and select ways and means of controlling the water quality
7 and water quantity as they relate to waters of Lake Pend Oreille, Pend Oreille
8 River, Priest Lake and Priest River for the communities' interests and inter-
9 ests of the state of Idaho and for the survival of the native species of fish
10 contiguous to the Pend Oreille Priest Basin. Those species are bull trout,
11 westslope cutthroat, mountain white fish, pike minnow and the forage base for
12 bull trout and kokanee salmon. The commission shall have the authority to
13 study, investigate, develop and select strategies with the department of water
14 resources, the department of environmental quality, the department of fish and
15 game, the department of lands, the United States fish and wildlife service,
16 and the U.S. army corps of engineers for the preservation of the said species
17 of native fish, scenic beauty, health, recreation, transportation and commer-
18 cial purposes necessary and desirable for all the inhabitants of the state.
19 The commission shall also have the authority to receive and direct any mitiga-
20 tion moneys into the Lake Pend Oreille, Pend Oreille River, Priest Lake and
21 Priest River commission fund created in section 39-84048504, Idaho Code.
22 (2) Nothing in this section shall be construed to authorize the commis-
23 sion to establish or require minimum stream flows or lake levels, which may
24 only be established under the provisions of chapter 15, title 42, Idaho Code.
25 SECTION 10. That Section 39-8404, Idaho Code, as added by Section 1,
26 Chapter 231, Laws of 2003, be, and the same is hereby amended to read as fol-
27 lows:
28 39-84048504. LAKE PEND OREILLE, PEND OREILLE RIVER, PRIEST LAKE AND
29 PRIEST RIVER COMMISSION FUND ESTABLISHED. There is hereby created in the state
30 treasury the Lake Pend Oreille, Pend Oreille River, Priest Lake and Priest
31 River commission fund. Moneys in the fund may consist of appropriations, fed-
32 eral funds, mitigation moneys, donations or moneys of any source. Moneys in
33 the fund may be dispersed for necessary corrective actions to complete the
34 corrective measures as they pertain to duties of the commission created under
35 this chapter. The release of any mitigation funds from the fund shall be
36 authorized by the state board of examiners. Moneys in the fund may be used to
37 pay the administrative costs of the commission.
38 SECTION 11. That Section 41-1336, Idaho Code, as added by Section 1,
39 Chapter 85, Laws of 2003, be, and the same is hereby amended to read as fol-
40 lows:
41 41-13367. LIFE INSURANCE -- PAYMENT OF INTEREST ON BENEFITS. (1) An
42 insurer shall pay the proceeds of any benefits under a policy of life insur-
43 ance not more than thirty (30) days after the insurer has received satisfac-
44 tory proof of death of the insured. Except as provided in subsection (2) of
45 this section, if the proceeds are not paid within the thirty (30) day period,
46 the insurer shall also pay interest on the proceeds from the date of death of
47 the insured to the date when the proceeds are paid.
48 (2) If satisfactory proof of death is received more than one hundred
49 eighty (180) days after the death of the insured and the death benefits are
8
1 not paid within thirty (30) days after satisfactory proof of death has been
2 received by the insurer, interest shall accrue from the date on which satis-
3 factory proof was received by the insurer to the date when proceeds are paid.
4 (3) The rate of interest to be paid by the insurer under subsections (1)
5 and (2) of this section shall be the current rate of interest on death pro-
6 ceeds on deposit with the insurer; provided however, that if the insurer holds
7 its deposits in a noninterest-bearing account or in an account bearing less
8 than two percent (2%) interest per annum, the rate of interest to be paid
9 shall be the one (1) month United States government securities treasury con-
10 stant maturity rate as disclosed in the federal reserve statistical release
11 publication H.15, selected interest rates, as of the first of the month pre-
12 ceding the date of death, plus two (2) percentage points.
13 (4) A payment of interest shall not be required under this section in any
14 case in which the beneficiary elects to receive the proceeds under the policy
15 by any means other than a lump sum payment.
16 SECTION 12. That Section 63-3029E, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 63-3029E. DEFINITIONS -- CONSTRUCTION OF TERMS. As used in this section
19 and in section 63-3029F, Idaho Code:
20 (1) (a) "New employee" means a person from whom subject to Idaho income
21 tax has been withholding whether or not any amounts are required to be
22 withheld, employed by the taxpayer in a revenue-producing enterprise cre-
23 ating value-added natural resource products, and covered for unemployment
24 insurance purposes under chapter 13, title 72, Idaho Code, during the tax-
25 able year for which the credit allowed by section 63-3029F, Idaho Code, is
26 claimed. A person shall be deemed to be so engaged if such person performs
27 duties on:
28 (i) A regular full-time basis; or
29 (ii) A part-time basis if such person is customarily performing such
30 duties at least twenty (20) hours per week.
31 No credit shall be earned unless the new employee shall have performed
32 such duties for the taxpayer for a minimum of nine (9) months during the
33 taxable year for which the credit is claimed.
34 (b) The provisions of paragraph (a) of this subsection notwithstanding,
35 no credit shall be allowed for employment of persons by a taxpayer who
36 acquires a revenue-producing enterprise from another taxpayer or who oper-
37 ates in a place of business the same or a substantially identical revenue-
38 producing value-added natural resource products enterprise as operated by
39 another taxpayer within the prior twelve (12) months, except as the prior
40 taxpayer would have qualified under the provisions of paragraph (c) of
41 this subsection. Employees transferred from a related taxpayer shall not
42 be included in the computation of the credit.
43 (c) The number of employees during any taxable year for any taxpayer
44 shall be the mathematical average of the number of employees reported to
45 the Idaho department of labor for employment security purposes during the
46 twelve (12) months of the taxable year which qualified under paragraph (a)
47 of this subsection. In the event the business is in operation for less
48 than the entire taxable year, the number of employees of the business for
49 the year shall be the average number actually employed during the months
50 of operation, providing that the qualifications of paragraph (a) of this
51 subsection are met.
52 (2) "Revenue-producing enterprise" means the production, assembly, fabri-
53 cation, manufacture or processing of any natural resource product.
9
1 (3) "Same or a substantially identical revenue-producing enterprise"
2 means a revenue-producing enterprise in which the products produced or sold,
3 or the activities conducted are the same in character and use and are pro-
4 duced, sold or conducted in the same manner as, or for the same types of cus-
5 tomers as, the products or activities produced, sold or conducted in another
6 revenue-producing enterprise.
7 SECTION 13. That Section 65-202, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 65-202. POWERS AND DUTIES. The administrator of the division of veterans
10 services shall have full power and authority on behalf of the state of Idaho,
11 in recognition of the services rendered by veterans of the armed forces of the
12 United States, to:
13 (1) Oversee the management and operation of the veterans homes in the
14 state and the state veterans cemetery, and provide care to veterans of the
15 armed forces of the United States under such rules as the administrator may
16 from time to time adopt.
17 (2) Extend financial relief and assistance to disabled or destitute war-
18 time veterans and to those dependent upon such disabled or destitute wartime
19 veterans as the commission shall determine to be reasonably required under
20 such rules as the administrator may, from time to time, adopt.
21 (3) Collect benefits paid by the United States department of veterans
22 affairs for burial and plot allowance for persons interred at the state vet-
23 erans cemetery and the administrator is hereby directed to cause such benefits
24 to be deposited in the veterans cemetery maintenance fund established in sec-
25 tion 65-107, Idaho Code.
26 (4) Prescribe, with the approval of the commission, the qualifications of
27 all personnel in accordance with the Idaho personnel system law. The adminis-
28 trators in charge of state veterans homes and the office of veterans advocacy
29 shall be considered nonclassified exempt employees pursuant to the provisions
30 of chapter 53, title 67, Idaho Code, and shall serve at the pleasure of the
31 administrator of the division of veterans services.
32 (5) Accept gifts, grants, contributions and bequests of funds, and per-
33 sonal property to the state of Idaho for the benefit of veterans of the armed
34 forces of the United States.
35 (6) Enter into contracts, within the limit of funds available therefor,
36 acquire services and personal property, and do and perform any acts that may
37 be necessary in the administration of services to veterans of the armed forces
38 of the United States.
39 (7) Administer, with the advice and approval of the commission, moneys in
40 the veterans cemetery maintenance fund established in section 65-107, Idaho
41 Code.
42 (8) Establish by rule charges related to interment, disinterment and
43 reinterment in the state veterans cemetery and the administrator is hereby
44 directed to cause such charges to be deposited in the veterans cemetery main-
45 tenance fund established in section 65-107, Idaho Code.
46 (89) In his discretion, assume control of the cremated remains of
47 deceased persons qualified for interment in the state veterans cemetery, apply
48 for burial and plot allowance benefits paid by the United States department of
49 veterans affairs for such deceased persons and inter in the state veterans
50 cemetery the cremated remains of deceased persons qualified for interment in
51 the state veterans cemetery.
52 SECTION 14. An emergency existing therefor, which emergency is hereby
10
1 declared to exist, Section 12 of this act shall be in full force and effect
2 on and after its passage and approval, and retroactively to January 1, 2004,
3 and the remaining sections of this act shall be in full force and effect on
4 and after passage and approval.
STATEMENT OF PURPOSE
RS 13712
The purpose of this bill is to make various codifier corrections
to the Idaho Code. In the course of a legislative session,
multiple amendments to a single code section, chapter or title
are frequently passed. Occasionally, these multiple amendments
result in conflicting numbering of sections or subsections. In
addition, in some instances, separate sections of the code
contain citations to sections or subsections which contain
conflicting numbering due to multiple amendments. Conflicting
citation numbering is identified at the time session laws for any
given year are incorporated into the existing code. Sections or
subsections containing conflicting numbering are redesignated by
the codifier. Redesignated code citations are set forth in
brackets following citations as set forth in session laws. The
bracketed citation remains in the code until the affected section
undergoes a future amendment and then, at that time, a correction
to the citation number is made. This method of indicating
codifier corrections is often confusing to the reader. Rather
than waiting for future amendment to the various affected
sections, this bill compiles those code sections affected in the
2003 legislative session that contain conflicting numbering so
that the designations may be promptly corrected.
FISCAL IMPACT
There is no fiscal impact as a result of this bill.
Contact
Name: Mike Nugent, Legislative Services Offices
Phone: 208/334-2475
STATEMENT OF PURPOSE/FISCAL NOTE H 629