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H0003.......................................by COMMERCE AND HUMAN RESOURCES
COMMERCE AND LABOR DEPARTMENT - Amends existing law to rename and revise
the membership of advisory councils to the Department of Commerce and
Labor; and to provide proper terminology.
01/14 House intro - 1st rdg - to printing
01/17 Rpt prt - to Com/HuRes
01/18 Rpt out - rec d/p - to 2nd rdg
01/19 2nd rdg - to 3rd rdg
01/20 3rd rdg - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bedke, Bell,
Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
Wills, Wood
NAYS -- None
Absent and excused -- Bayer, Mr. Speaker
Floor Sponsor - Mathews
Title apvd - to Senate
01/21 Senate intro - 1st rdg - to Com/HuRes
02/04 Rpt out - rec d/p - to 2nd rdg
02/07 2nd rdg - to 3rd rdg
02/08 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, Marley, McGee, McKenzie, Noble, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Compton
Title apvd - to House
02/09 To enrol
02/10 Rpt enrol - Sp signed
02/11 Pres signed
02/14 To Governor
02/18 Governor signed
Session Law Chapter 13
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 3
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO ADVISORY COUNCILS TO THE DEPARTMENT OF COMMERCE AND LABOR; AMEND-
3 ING SECTION 67-4704, IDAHO CODE, TO RENAME THE ADVISORY COUNCIL, TO
4 INCREASE MEMBERSHIP OF THE COUNCIL FROM SIX TO SEVEN PERSONS, TO PROVIDE
5 THREE-YEAR TERMS FOR ALL MEMBERS AND TO PROVIDE THAT ONE MEMBER SHALL
6 SERVE IN A STATEWIDE CAPACITY; AMENDING SECTION 67-4711, IDAHO CODE, TO
7 DEFINE "ACT," TO PROVIDE CODE REFERENCES AND CORRECT TERMINOLOGY AND TO
8 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 67-4712, IDAHO CODE, TO PRO-
9 VIDE A CORRECT REFERENCE TO MEMBERSHIP OF THE COUNCIL, TO DELETE OBSOLETE
10 LANGUAGE AND TO PROVIDE PROPER TERMINOLOGY; AMENDING SECTION 67-4715,
11 IDAHO CODE, TO PROVIDE PROPER TERMINOLOGY; AND AMENDING SECTION 72-1336,
12 IDAHO CODE, TO PROVIDE THAT A WORKFORCE DEVELOPMENT COUNCIL SHALL SERVE AS
13 AN ADVISORY BODY TO THE DEPARTMENT AND TO PRESCRIBE THE DUTIES AND FUNC-
14 TIONS OF THE COUNCIL.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That Section 67-4704, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 67-4704. ECONOMIC ADVISORY COUNCIL -- APPOINTMENT OF MEMBERS -- QUALIFI-
19 CATIONS. There shall be an economic advisory council to advise the department
20 in the preparation and execution of plans, projects and programs in the fur-
21 therance of the power and duties conferred by section 67-4703, Idaho Code. The
22 director shall consult, confer and advise with the advisory council in connec-
23 tion with all decisions concerning the administration and development of such
24 plans, projects and programs. The approval of the advisory council shall be a
25 condition precedent to the undertaking of action in the implementation of such
26 plans, projects and programs by the department. The advisory council shall
27 consist of six seven (67) persons, who shall be appointed by the governor, and
28 who shall serve for three (3) year terms, with two (2) members' terms expiring
29 each year. They shall serve and shall be compensated as provided by section
30 59-509(b), Idaho Code. One (1) person shall be appointed to represent each of
31 the six (6) planning regions of the state and one (1) member shall serve in a
32 statewide capacity. Membership shall be divided between political parties.
33 SECTION 2. That Section 67-4711, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 67-4711. DEFINITIONS. As used in this act sections 67-4710 through
36 67-4719, Idaho Code, unless the context requires otherwise:
37 (1) "Act" means sections 67-4710 through 67-4719, Idaho Code.
38 (2) "Campground" means any privately owned business which rents areas or
39 places used for camping or parking campers, travel trailers, motorhomes or
40 tents.
41 (23) "Council" means the state of Idaho travel and convention industry
2
1 council.
2 (34) "Department" means the department of commerce and labor.
3 (45) "Hotel/Motel" means an establishment which provides lodging to mem-
4 bers of the public for a fee, and shall include condominiums, townhouses or
5 any other establishment which makes a sale as herein defined.
6 (56) "Planning regions" means those seven (7) districts which shall be
7 designated by number and shall embrace the several counties as follows:
8 No. 1. The counties of Benewah, Bonner, Boundary, Kootenai and Shoshone.
9 No. 2. The counties of Clearwater, Idaho, Latah, Lewis and Nez Perce.
10 No. 3. The counties of Adams, Canyon, Gem, Payette, Washington, Ada, Owy-
11 hee, Elmore, Boise and Valley.
12 No. 4. The counties of Cassia, Gooding, Jerome, Lincoln, Minidoka and
13 Twin Falls.
14 No. 5. The counties of Bannock, Caribou, Bear Lake, Franklin, Oneida,
15 Power and Bingham.
16 No. 6. The counties of Clark, Jefferson, Fremont, Madison, Teton and Bon-
17 neville.
18 No. 7. The counties of Blaine, Camas, Lemhi, Custer and Butte.
19 (67) "Sale" means the renting of a place to sleep, to an individual by a
20 hotel, motel, or campground for a period of less than thirty-one (31) continu-
21 ous days. "Sale" shall not include the renting of a place to sleep to an indi-
22 vidual by the Idaho Ronald McDonald House.
23 SECTION 3. That Section 67-4712, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 67-4712. IDAHO TRAVEL AND CONVENTION INDUSTRY COUNCIL -- CREATED --
26 APPOINTMENT OF MEMBERS. There is hereby created an advisory council to advise,
27 as provided by this act, the department on matters related to the travel and
28 convention industry. The council shall consist of seven eight (78) persons,
29 who shall be appointed by the governor. Two (2) of the original members shall
30 serve for one (1) year; two (2) of the original members shall serve for two
31 (2) years; and three (3) of the original members shall serve for three (3)
32 years. The term of office of members of the committee thereafter council shall
33 be three (3) years commencing on July 1.
34 SECTION 4. That Section 67-4715, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 67-4715. DUTIES AND POWERS OF THE COUNCIL. (1) Consistent with the gen-
37 eral purposes of this chapter, the council shall advise the department upon
38 the establishment of policies to be followed in the accomplishments of the
39 purposes of this act.
40 (2) In the administration of this act, the council shall have the follow-
41 ing duties, authorities and powers:
42 (a) To review and recommend acceptance or denial of local grant requests
43 submitted by nonprofit groups or organizations, for uses consistent with
44 the purposes of this act. Such power shall include the right to approve
45 disbursal of the department moneys to such nonprofit groups under the
46 grant program created by section 67-4717, Idaho Code.
47 (b) To counsel and advise the department on matters concerning the promo-
48 tion and marketing of Idaho tourism, including, but not limited to the
49 following: (1) the type of promotion, (2) the media source of promotion,
50 (3) market areas for promotion and (4) areas for travel and industry
51 emphasis.
3
1 (c) To encourage and assist in the coordination of the activities of per-
2 sons, firms, associations, corporations, civic groups and governmental
3 agencies engaged in publicizing, developing and promoting the scenic
4 attractions and tourist advantages of the state.
5 (d) To recommend such action as the council deems necessary and advisable
6 in order to stabilize and promote the travel industry of the state so as
7 to benefit the health and welfare of the public.
8 (e) To cooperate with any local, state, or national organization or
9 agency, whether voluntary or created by the law of any state or by federal
10 legislation, engaged in activities similar to the work of the council. The
11 council may, through the department, enter into contracts and agreements
12 with such organizations or agencies for carrying on a joint campaign of
13 research, education and publicity.
14 (f) To adopt, rescind, modify and amend all necessary and proper orders,
15 resolutions and regulations for the procedure and exercise of its powers
16 and the performance of duties.
17 (g) To keep books, records and accounts of all its activities, which
18 books, records and accounts shall be open to inspection and audit. Such
19 books shall also be open to the public.
20 (h) To report annually its activities and expenditures to the development
21 and publicity economic advisory council as created by section 67-4704,
22 Idaho Code.
23 SECTION 5. That Section 72-1336, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 72-1336. ADVISORY BODY AND SPECIAL COMMITTEES. (1) The governor shall
26 appoint an advisory body for the department. The governor shall prescribe the
27 duties and functions of the body which shall comply with federal requirements,
28 if any a workforce development council in accordance with section 111 of the
29 federal workforce investment act of 1998, as amended (29 U.S.C. 2821) and fed-
30 eral regulations promulgated thereunder. Members of the body shall serve at
31 the pleasure of the governor and shall be compensated at a rate fixed by the
32 governor, and in addition shall be reimbursed for ordinary and actual
33 expenses. The governor shall prescribe the duties and functions of the
34 workforce development council which shall include, but not be limited to, the
35 following:
36 (a) To serve as an advisory body to the department on matters related to
37 workforce development policy and programs;
38 (b) To approve and provide oversight of department expenditures from the
39 employment security special administration fund established under section
40 72-1347A, Idaho Code;
41 (c) To develop and provide oversight of procedures, criteria and perfor-
42 mance measures for the workforce development training fund established
43 under section 72-1347B, Idaho Code; and
44 (d) To serve as the state workforce investment board in accordance with
45 section 111 of the federal workforce investment act of 1998, as amended,
46 and federal regulations promulgated thereunder.
47 (2) The director may appoint special committees in connection with the
48 administration of this chapter.
STATEMENT OF PURPOSE
RS 14505
This bill concerns the Department of Commerce and Labor's
Advisory Councils.
Section 1 specifies that the existing advisory council
established by Section 67-4704, Idaho Code, will be known as the
Economic Advisory Council. The amendment also adds one
additional member to the council who will serve in a statewide
capacity and deletes language that is no longer necessary.
Section 2 is a housekeeping amendment. It clarifies that the
definitions in Section 67-4711, Idaho Code, are only applicable
to Sections 67-4710 through 67-4719, Idaho Code. When enacted,
these sections were commonly referred to as the Idaho Travel and
Convention Industry Act. The amendment also defines the term
"act" and changes the name of the Department of Commerce to the
Department of Commerce and Labor.
Section 3 is also a housekeeping amendment. In 1988 the number
of members on the Idaho Travel and Convention Industry Council
was increased from seven members to eight members but the
reference to seven council members in Section 67-4712, Idaho
Code, was never changed. This amendment deletes the reference to
"seven" members and replaces it with "eight" members so that
Sections 67-4712 and 67-4713, Idaho Code, are consistent. The
amendment also deletes obsolete language.
Section 4 is another housekeeping amendment. It replaces an
obsolete reference to the Economic Advisory Council with the
Council's correct name.
Section 5 clarifies that the advisory body appointed by the
Governor pursuant to Section 72-1336, Idaho Code, is the
Workforce Development Council. The amendment also specifies the
Council's duties and responsibilities in relation to the
Department.
FISCAL IMPACT
There is no impact on the State General Fund. Sections 2, 3, 4,
and 5 have no fiscal impact.
Section 1 adds one new member to the Economic Advisory Council.
Members of that Council do not receive compensation or an
honorarium but they are reimbursed for actual and necessary
expenses subject to the Board of Examiner's rules on
reimbursement for travel costs. These costs for one additional
council member will have a negligible impact on the Department's
budget.
CONTACT
Name: Dwight Johnson
Agency: Commerce and Labor, Dept. of
Phone: 841-8833
STATEMENT OF PURPOSE/FISCAL NOTE H 3