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SENATE BILL NO. 1064
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S1064......................................................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 prior to the 2007 legislative session;
and to correct typographical errors.
01/29 Senate intro - 1st rdg - to printing
01/30 Rpt prt - to St Aff
02/09 Rpt out - rec d/p - to 2nd rdg
02/12 2nd rdg - to 3rd rdg
02/16 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- None
Floor Sponsor - McKenzie
Title apvd - to House
02/19 House intro - 1st rdg - to St Aff
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Henderson, Jaquet, Killen, King, Labrador, Lake, LeFavour,
Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Nielsen,
Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo,
Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8),
Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn,
Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Clark, Kren, Moyle
Floor Sponsor - Andrus
Title apvd - to Senate
03/13 To enrol
03/14 Rpt enrol - Pres signed - Sp signed
03/15 To Governor
03/20 Governor signed
Session Law Chapter 90
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1064
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO CODIFIER'S CORRECTIONS IN STATUTES; AMENDING SECTION 7-803, IDAHO
3 CODE, TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 15-2-504, IDAHO
4 CODE, TO MAKE TECHNICAL CORRECTIONS AND TO FIX A CODIFIER ERROR; AMENDING
5 THE HEADING FOR CHAPTER 85, TITLE 18, IDAHO CODE, AS ADDED BY SECTION 1,
6 CHAPTER 85, LAWS OF 2006; AMENDING SECTION 18-8501, IDAHO CODE, AS ADDED
7 BY SECTION 1, CHAPTER 85, LAWS OF 2006, TO REDESIGNATE THE SECTION; AMEND-
8 ING SECTION 18-8502, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 85, LAWS
9 OF 2006, TO REDESIGNATE THE SECTION; AMENDING SECTION 18-8503, IDAHO
10 CODE, AS ADDED BY SECTION 1, CHAPTER 85, LAWS OF 2006, TO REDESIGNATE THE
11 SECTION AND TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 18-8504,
12 IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 85, LAWS OF 2006, TO REDESIG-
13 NATE THE SECTION; AMENDING SECTION 18-8505, IDAHO CODE, AS ADDED BY SEC-
14 TION 1, CHAPTER 85, LAWS OF 2006, TO REDESIGNATE THE SECTION; AMENDING
15 SECTION 19-819, IDAHO CODE, TO MAKE A TECHNICAL CORRECTION; AMENDING SEC-
16 TION 19-1205, IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
17 19-2507, IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
18 19-2916, IDAHO CODE, TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION
19 19-2936, IDAHO CODE, TO MAKE A TECHNICAL CORRECTION; AMENDING THE HEADING
20 FOR CHAPTER 27, TITLE 25, IDAHO CODE; AMENDING SECTION 33-1004E, IDAHO
21 CODE, TO PROVIDE CORRECT CODE REFERENCES; AMENDING SECTION 33-3407, IDAHO
22 CODE, TO PROVIDE A GRAMMATICAL CORRECTION; AMENDING SECTION 34-2205, IDAHO
23 CODE, TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 38-1306, IDAHO CODE,
24 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-2102(A), IDAHO CODE, TO
25 REDESIGNATE THE SECTION; AMENDING SECTION 39-3502, IDAHO CODE, TO MAKE
26 TECHNICAL CORRECTIONS; AMENDING SECTION 39-3613, IDAHO CODE, TO MAKE A
27 TECHNICAL CORRECTION; AMENDING SECTION 41-3408, IDAHO CODE, TO MAKE TECH-
28 NICAL CORRECTIONS; AMENDING SECTION 43-219, IDAHO CODE, TO MAKE A TECHNI-
29 CAL CORRECTION; AMENDING SECTION 49-435, IDAHO CODE, TO MAKE TECHNICAL
30 CORRECTIONS; AMENDING SECTION 54-1733, IDAHO CODE, TO MAKE TECHNICAL COR-
31 RECTIONS; AMENDING SECTION 63-3622O, IDAHO CODE, TO MAKE TECHNICAL CORREC-
32 TIONS; AMENDING SECTION 67-460, IDAHO CODE, TO MAKE A TECHNICAL CORREC-
33 TION; AMENDING SECTION 67-501, IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS;
34 AMENDING SECTION 67-505, IDAHO CODE, TO MAKE A TECHNICAL CORRECTION;
35 AMENDING SECTION 67-5718, IDAHO CODE, TO MAKE A TECHNICAL CORRECTION;
36 AMENDING THE HEADING FOR CHAPTER 60, TITLE 67, IDAHO CODE; AMENDING SEC-
37 TION 72-205, IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SEC-
38 TION 72-1347B, IDAHO CODE, TO MAKE A TECHNICAL CORRECTION.
39 Be It Enacted by the Legislature of the State of Idaho:
40 SECTION 1. That Section 7-803, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 7-803. PUBLICATION OF PETITION. A notice of hearing of such petition
43 signed by the clerk and issued under the seal of the court, must be published
1 for four (4) successive weeks in some newspaper printed in the county, if a
2 newspaper be printed therein, but if no newspaper be printed in the county a
3 copy of such notice of hearing must be posted at three (3) of the most public
4 places in the county for a like period, and proofs must be made of such publi-
5 cation or posting before the petition can be considered. The notice of hearing
6 may be substantially in the following form:
7 NOTICE OF HEARING
8 In the District Court of the .... Judicial District of the State of Idaho
9 in and for .... County.
10 In the matter of the application of .... for change in name.
11 (Assertions herein contained refer to assertions in the petition)
12 A petition by ...., born .... at .... now residing at .... proposing a
13 change in name to .... has been filed in the above entitled court, the reason
14 for the change in name being..................................................
16 the name of the petitioner's father is .... address .... (if living); the
17 names and addresses of petitioner's near relatives (if father be dead) are:
18 .................. ......................................................
19 .................. ......................................................
20 .................. ......................................................
21 such petition will be heard at such time as the court may appoint, and objec-
22 tions may be filed by any person who can, in such objections, show to the
23 court a good reason against such a change of name.
24 WITNESS my hand and seal of said District Court this .... day of ....
26 .................. ......................................................
27 Attorney for petitioner Clerk
28 .................. ......................................................
29 Residence or post office address Deputy
31 SECTION 2. That Section 15-2-504, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 15-2-504. SELF-PROVED WILL. (a) Any will may be simultaneously executed,
34 attested, and made self-proved, by the acknowledgment thereof by the testator
35 and the affidavits of the witnesses, each made before an officer authorized to
36 administer oaths under the laws of the state where execution occurs and evi-
37 denced by the officer's certificate, under official seal, in form and content
38 substantially as follows:
39 I, .........., the testator, sign my name to this instrument this .....
40 day of ........, 19...., and being first duly sworn, do hereby declare to the
41 undersigned authority that I sign and execute this instrument as my last will
42 and that I sign it willingly (or willingly direct another to sign for me),
43 that I execute it as my free and voluntary act for the purposes therein
44 expressed, and that I am eighteen (18) years of age or older, of sound mind,
45 and under no constraint or undue influence.
48 We, ............, ............, the witnesses, sign our names to this
49 instrument, being first duly sworn, and do hereby declare to the undersigned
50 authority that the testator signs and executes this instrument as his last
51 will and that he signs it willingly (or willingly directs another to sign for
52 him), and that each of us, in the presence and hearing of the testator, hereby
1 signs this will as witness to the testator's signing, and that to the best of
2 his knowledge the testator is eighteen (18) years of age or older, of sound
3 mind, and under no constraint or undue influence.
8 The State of ..........
9 County of .............
10 Subscribed, sworn to and acknowledged before me by .........., the testa-
11 tor and subscribed and sworn to before me by .........., and .........., wit-
12 nesses, this ..... day of ..........
14 (Signed) .....................
16 (Official capacity of officer)
17 (b) An attested will may at any time subsequent to its execution be made
18 self-proved by the acknowledgment thereof by the testator and the affidavits
19 of the witnesses, each made before an officer authorized to administer oaths
20 under the laws of the state where the acknowledgment occurs and evidenced by
21 the officer's certificate, under the official seal, attached or annexed to the
22 will in form and content substantially as follows:
23 The State of ............
24 County of ...............
25 We, .........., ..........., and .........., the testator and the wit-
26 nesses, respectively, whose names are signed to the attached or foregoing
27 instrument, being first duly sworn do hereby declare to the undersigned
28 authority that the testator signed and executed the instrument as his last
29 will and that he had signed willingly (or willingly directed another to sign
30 for him), and that he executed it as his free and voluntary act for the pur-
31 poses therein expressed, and that each of the witnesses, in the presence and
32 hearing of the testator, signed the will as witness and that to the best of
33 his knowledge the testator was at that time eighteen (18) years of age or
34 older, of sound mind and under no constraint or undue influence.
41 Subscribed, sworn to and acknowledged before me by .........., the testa-
42 tor, and subscribed and sworn to before me by .........., and .........., wit-
43 nesses, this ..... day of .........
45 (Signed) .....................
47 (Official capacity of officer)
48 SECTION 3. That the Heading for Chapter 85, Title 18, Idaho Code, as
49 added by Section 1, Chapter 85, Laws of 2006, be, and the same is hereby
50 amended to read as follows:
51 CHAPTER 8 56
52 HUMAN TRAFFICKING
1 SECTION 4. That Section 18-8501, Idaho Code, as added by Section 1, Chap-
2 ter 85, Laws of 2006, be, and the same is hereby amended to read as follows:
3 18- 85018601. LEGISLATIVE INTENT. It is the intent of the legislature to
4 address the growing problem of human trafficking and to provide criminal sanc-
5 tions for persons who engage in human trafficking in this state. In addition
6 to the other provisions enumerated in this chapter, the legislature finds that
7 it may also be appropriate for members of the law enforcement community to
8 receive training from the respective training entities in order to increase
9 awareness of possible human trafficking cases occurring in Idaho and to assist
10 and direct victims of such trafficking to available community resources.
11 SECTION 5. That Section 18-8502, Idaho Code, as added by Section 1, Chap-
12 ter 85, Laws of 2006, be, and the same is hereby amended to read as follows:
13 18- 85028602. HUMAN TRAFFICKING DEFINED. "Human trafficking" means:
14 (1) Sex trafficking in which a commercial sex act is induced by force,
15 fraud or coercion, or in which the person induced to perform such act has not
16 attained eighteen (18) years of age; or
17 (2) The recruitment, harboring, transportation, provision, or obtaining
18 of a person for labor or services, through the use of force, fraud or coercion
19 for the purpose of subjection to involuntary servitude, peonage, debt bondage,
20 or slavery.
21 SECTION 6. That Section 18-8503, Idaho Code, as added by Section 1, Chap-
22 ter 85, Laws of 2006, be, and the same is hereby amended to read as follows:
23 18- 85038603. PENALTIES. Notwithstanding any other law to the contrary, on
24 and after July 1, 2006, any person who commits a crime as provided for in the
25 following sections, and who, in the commission of such crime or crimes, also
26 commits the crime of human trafficking, as defined in section 18- 85028602,
27 Idaho Code, shall be punished by imprisonment in the state prison for not more
28 than twenty-five (25) years unless a more severe penalty is otherwise pre-
29 scribed by law: 18-905 (aggravated assault), 18-907 (aggravated battery),
30 18-909 (assault with intent to commit a serious felony), 18-911 (battery with
31 intent to commit a serious felony), 18-913 (felonious administering of drugs),
32 18-1501(1) (felony injury to child), 18-1505(1) (felony injury to vulnerable
33 adult), 18-1505(3) (felony exploitation of vulnerable adult), 18-1505B (sexual
34 abuse and exploitation of vulnerable adult), 18-1506 (sexual abuse of a child
35 under the age of sixteen years), 18-1506A (ritualized abuse of child), 18-1507
36 (sexual exploitation of child), 18-1508A (sexual battery of minor child six-
37 teen or seventeen years of age), 18-1509A (enticing of children over the in-
38 ternet), 18-1511 (sale or barter of child), 18-2407(1) (grand theft), 18-5601
39 through 18-5614 (prostitution), or 18-7804 (racketeering).
40 SECTION 7. That Section 18-8504, Idaho Code, as added by Section 1, Chap-
41 ter 85, Laws of 2006, be, and the same is hereby amended to read as follows:
42 18- 85048604. RESTITUTION -- REHABILITATION. (1) In addition to any other
43 amount of loss resulting from a human trafficking violation, the court shall
44 order restitution, as applicable, including the greater of:
45 (a) The gross income or value to the defendant of the victim's labor or
46 services; or
47 (b) The value of the victim's labor as guaranteed under the minimum wage
48 and overtime provisions of the federal fair labor standards act.
1 (2) In addition to any order for restitution as provided in this section,
2 the court shall order the defendant to pay an amount determined by the court
3 to be necessary for the mental and physical rehabilitation of the victim or
5 SECTION 8. That Section 18-8505, Idaho Code, as added by Section 1, Chap-
6 ter 85, Laws of 2006, be, and the same is hereby amended to read as follows:
7 18- 85058605. HUMAN TRAFFICKING VICTIM PROTECTION. (1) The attorney gen-
8 eral, in consultation with the department of health and welfare and the United
9 States attorney's office, shall, no later than July 1, 2007, issue a report
10 outlining how existing victim and witness laws respond to the needs of human
11 trafficking victims, and suggesting areas of improvement and modification.
12 (2) The department of health and welfare, in consultation with the attor-
13 ney general, shall, no later than July 1, 2007, issue a report outlining how
14 existing social service programs respond or fail to respond to the needs of
15 human trafficking victims, and the interplay of such existing programs with
16 federally-funded victim service programs, and suggesting areas of improvement
17 or modification. Such inquiry shall include, but not be limited to, the abil-
18 ity of state programs and licensing bodies to recognize federal T nonimmigrant
19 status for the purposes of benefits, programs and licenses.
20 SECTION 9. That Section 19-819, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 19-819. FORM OF COMMITMENT. The commitment must be to the following
24 County of (as the case may be). The state of Idaho to the sheriff of the
25 county of ....:
26 An order having been this day made by me, that A.B. be held to answer upon
27 a charge of (stating briefly the nature of the offense, and giving as near as
28 may be the time when and the place where the same was committed), you are com-
29 manded to receive him into your custody and detain him until he is legally
31 Dated this .... day of ...., 19.....
32 SECTION 10. That Section 19-1205, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 19-1205. FORM OF BENCH WARRANT. The bench warrant, upon presentment, must
35 be substantially in the following form:
36 County of ..... The state of Idaho to any sheriff, constable, marshal or
37 policeman in this state: A presentment having been made on the .... day of
38 ...., 19.... to the district court of the county of ...., charging C.D. with
39 the crime of ...., (designating it generally) you are therefore commanded
40 forthwith to arrest the above named C.D., and take him before E.F., a magis-
41 trate of this county, or in case of his absence or inability to act, before
42 the nearest and most accessible magistrate in this county. Given under my hand
43 with the seal of said court affixed, this .... day of ...., 19.....
44 By order of the court.
45 (Seal.) G.H., Clerk.
46 SECTION 11. That Section 19-2507, Idaho Code, be, and the same is hereby
47 amended to read as follows:
1 19-2507. FORM OF WARRANT. The bench warrant must be substantially in the
2 following form:
3 County of .....
4 The state of Idaho, to any sheriff, constable, marshal or policeman in
5 this state:
6 A.B., having been on the .... day of ...., 19.... duly convicted in the
7 district court of the .... judicial district of the state of Idaho, in and for
8 the county of ...., of the crime of .... (designating it generally), you are
9 therefore commanded forthwith to arrest the above named A.B. and bring him
10 before that court for judgment; or if the court has adjourned for the term,
11 that you deliver him into the custody of the sheriff of the county of .....
12 Given under my hand, with the seal of said court affixed, this .... day of
13 ...., 19.....
14 By order of the court.
15 (Seal) E.F., Clerk.
16 SECTION 12. That Section 19-2916, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 19-2916. UNDERTAKING AFTER INDICTMENT -- FORM. The bail must be put in by
19 a written undertaking, executed by two (2) sufficient sureties (with or with-
20 out the defendant, in the discretion of the court), and acknowledged before
21 the court, in substantially the following form:
22 An indictment having been found on .... day of ...., 19...., in the dis-
23 trict court of the county of ...., charging A.B. with the crime of ....
24 (designating it generally), and he having been admitted to bail in the sum of
25 .... dollars, we, C.D. and E.T., of .... (stating their place of residence),
26 hereby undertake that the above named A.B. will appear and answer the indict-
27 ment above mentioned, in whatever court it may be prosecuted, and will at all
28 times render himself amenable to the orders and process of the court, and if
29 convicted, will appear for pronouncement of judgment; or, if he fails to per-
30 form any of these conditions, that we will pay to the people of the state of
31 Idaho the sum set forth above.
32 SECTION 13. That Section 19-2936, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 19-2936. BAIL ON RECOMMITMENT -- FORM OF UNDERTAKING. When bail is taken
35 upon the recommitment of the defendant, the undertaking must be in substan-
36 tially the following form:
37 An order having been made on the .... day of ...., 19...., by the court
38 (naming it), that A.B. be admitted to bail in the sum of .... dollars in an
39 action pending in that court against him in behalf of the state of Idaho, upon
40 an (information, presentment, indictment, or appeal, as the case may be), we,
41 C.D. and E.F., of (stating their places of residence), hereby undertake that
42 the above named A.B. will appear in that or any other court in which his
43 appearance may be lawfully required upon that (information, presentment,
44 indictment, or appeal, as the case may be), and will at all times render him-
45 self amenable to its orders and process and appear for pronouncement of judg-
46 ment; or if he fails to perform any of these conditions, that we will pay to
47 the state of Idaho the sum set forth above.
48 SECTION 14. That the Heading for Chapter 27, Title 25, Idaho Code, be,
49 and the same is hereby amended to read as follows:
1 CHAPTER 27
2 IDAHO COMMERCIAL FEEDING STUFFS FEED LAW
3 SECTION 15. That Section 33-1004E, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 33-1004E. DISTRICT'S SALARY-BASED APPORTIONMENT. Each district shall be
6 entitled to a salary-based apportionment calculated as provided in this sec-
8 1. To determine the apportionment for instructional staff, first deter-
9 mine the district average experience and education index by placing all eligi-
10 ble district certificated instructional employees on the statewide index pro-
11 vided in section 33-1004A, Idaho Code. The resulting average is the district
12 index. Districts with an index above the state average index shall receive
13 their actual index but not more than the state average plus .03 for the
14 1994-95 school year, and shall receive their actual index but not more than
15 the state average plus .06 for the 1995-96 school year, and thereafter shall
16 receive their actual district index. The district instructional staff index
17 shall be multiplied by the instructional base salary of $23,906. The amount so
18 determined shall be multiplied by the district staff allowance for instruc-
19 tional staff determined as provided in section 33-1004(2 .), Idaho Code. The
20 instructional salary allocation shall be increased by the amount necessary for
21 each full-time equivalent instructional staff member placed on the experience
22 and education index to be allocated at least the minimum salary mandated by
23 this section. Full-time instructional staff salaries shall be determined from
24 a salary schedule developed by each district and submitted to the state
25 department of education. No full-time instructional staff member shall be paid
26 less than $30,000. If an instructional staff member has been certified by the
27 national board for professional teaching standards, the staff member shall be
28 designated as a master teacher and receive $2,000 per year for five (5) years.
29 The instructional salary shall be increased by $2,000 for each master teacher.
30 The resulting amount is the district's salary-based apportionment for instruc-
31 tional staff. For purposes of this section, teachers qualifying for the salary
32 increase as master teacher shall be those who have been recognized as national
33 board certified teachers as of July 1 of each year.
34 2. To determine the apportionment for district administrative staff,
35 first determine the district average experience and education index by placing
36 all eligible certificated administrative employees on the statewide index pro-
37 vided in section 33-1004A, Idaho Code. The resulting average is the district
38 index. Districts with an index above the state average index shall receive
39 their actual index but not more than the state average plus .03 for the school
40 year 1994-95, and shall receive their actual index but not more than the state
41 average index plus .06 for the 1995-96 school year, and thereafter shall
42 receive their actual district index. The district administrative staff index
43 shall be multiplied by the base salary of $34,773. The amount so determined
44 shall be multiplied by the district staff allowance for administrative staff
45 determined as provided in section 33-1004(3 .), Idaho Code. The resulting
46 amount is the district's salary-based apportionment for administrative staff.
47 3. To determine the apportionment for classified staff, multiply $19,207
48 by the district classified staff allowance determined as provided in section
49 33-1004(4 .), Idaho Code. The amount so determined is the district's apportion-
50 ment for classified staff.
51 4. The district's salary-based apportionment shall be the sum of the
52 apportionments calculated in subsections 1., 2. and 3., of this section, plus
53 the benefit apportionment as provided in section 33-1004F, Idaho Code.
1 SECTION 16. That Section 33-3407, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 33-3407. DEFINITION OF THE DEAF AND THE BLIND -- EXAMINATION OF APPLI-
4 CANTS -- ADMISSION AND RELEASE OF PUPILS. All children between the ages of six
5 (6) and twenty-one (21) years who qualify to receive special education ser-
6 vices pursuant to state or federal law as a result of a hearing or visual
7 impairment, shall be deemed deaf or blind for the purposes of this chapter.
8 Children who are under the age of six (6) years, but otherwise qualified,
9 may be served, when, in the discretion of the superintendent but subject to
10 the approval of the board of trustees, they are proper subjects to receive
11 training and education from the school, and the adequate facilities for proper
12 education, training and/or care are available. When it has been ascertained by
13 the superintendent that any pupil has ceased to make progress, or is no longer
14 being benefited by the school's services, upon recommendation of the superin-
15 tendent and the approval of the board of trustees such pupil may be released
16 from the school and/or school services may be discontinued.
17 The board of trustees is authorized to provide for the careful examination
18 of all applicants for admission to the school, and the expense of such exami-
19 nation is a lawful use of the moneys available to the board of trustees.
20 SECTION 17. That Section 34-2205, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 34-2205. QUALIFICATIONS OF DELEGATES -- NOMINATING PETITIONS -- DECLARA-
23 TIONS OF CANDIDATES AND SIGNERS -- CERTIFICATION. Candidates for the office of
24 delegate to the convention shall be qualified electors of the state of Idaho.
25 Nomination shall be by petition and not otherwise. A single petition shall
26 nominate but one (1) candidate, who may have one (1) or more separate peti-
27 tions. Nominations shall be without party or political designation, but the
28 nominating petitions shall each contain a declaration of the candidate that he
29 is a candidate for election to the office of delegate to the constitutional
30 convention, and a statement to the effect that he favors ratification of, or
31 that he is against ratification of the proposed constitutional amendment to be
32 acted upon by the constitutional convention, and the total number of voters
33 joining in the nomination of a candidate shall not be less than one hundred
35 The candidate's declaration in the nominating petition shall be in sub-
36 stantially the following form, to-wit:
37 I, the undersigned, being a qualified elector of .... precinct, ....
38 County, State of Idaho, hereby declare myself to be a candidate for the office
39 of delegate to the constitutional convention, to be voted for at the election
40 to be held on the .... day of ...., 19...., and that I .... (insert one only
41 of the following: "favor ratification of" .... or "am against ratification
42 of") the proposed constitutional amendment to be acted upon by the constitu-
43 tional convention, and certify that I possess the legal qualifications to fill
44 said office, and that my post-office address is .....
45 I further certify and declare that if nominated I hereby accept said
47 (Signed) .....................
48 All blank spaces shall be properly filled in with the necessary informa-
49 tion and the declaration of candidacy shall be subscribed and sworn to before
50 an officer authorized to administer oaths, and the signatures of the voters
51 joining in such petitions, each of which signature s shall be followed by the
52 signer's residence address and date, shall be prefaced by a declaration in
1 substantially the following form, to-wit:
2 I, the undersigned, being a qualified elector of the State of Idaho, do
3 hereby declare that I am in accord with the statement and declaration of ....,
4 a candidate for the office of delegate to the constitutional convention, to be
5 voted for at the election to be held on the .... day of ...., 19...., and do
6 hereby join in this petition for his nomination for such office.
7 Name of Petitioner Post office Date of Signing
8 ......................... .................. ........................
9 Each nominating petition shall, at the time of filing in the office of the
10 secretary of state, bear an affidavit in substantially the following form,
11 executed and verified by a citizen and resident of the State of Idaho:--
12 State of Idaho
14 County of ....
15 I do solemnly swear (or affirm) that I am a citizen and resident of the
16 State of Idaho; that each of the petitioners whose name is affixed to the
17 above paper signed the same personally, together with his postoffice post-
18 office address and date of signing, and that each signed the same with full
19 knowledge of its contents; that to the best of my knowledge each is a quali-
20 fied elector of the State of Idaho.
21 (Signed) .....................
22 Subscribed and sworn to before me this .... day of ...., 19.....
24 Notary Public for the State of
25 Idaho; residence .............
26 No voter shall sign more than twenty-one (21) nominating petitions nor
27 more than one (1) petition for the same candidate, and if he does either, his
28 signatures shall not be counted on any nominating petition.
29 All acceptances and petitions shall be filed with the secretary of state
30 not less than forty-five (45) days before the date fixed for the election. No
31 nomination shall be effective except those of the twenty-one (21) candidates
32 in favor of ratification and the twenty-one (21) candidates against ratifica-
33 tion whose nominating petitions have respectively been signed by the largest
34 number of voters, ties, if any, to be decided by lot drawn by the secretary of
35 state; provided, however, that if there be less than twenty-one (21) candi-
36 dates in favor of ratification, all such candidates shall be considered as
37 nominated, or if there be less than twenty-one (21) candidates against ratifi-
38 cation all such candidates shall be considered as nominated.
39 Within ten (10) days after the petitions are filed with him, the secretary
40 of state shall certify to each county auditor within the state, a certified
41 list of the candidates of each group entitled to be voted for at such elec-
42 tion, as appears from the acceptances and nominating petitions filed in the
43 office of the secretary of state.
44 SECTION 18. That Section 38-1306, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 38-1306. NOTIFICATION OF FOREST PRACTICE. (1) Before commencing a forest
47 practice, the department shall be notified as required in subsection (2) of
48 this section. The notice shall be given by the operator; however, the timber
49 owner or landowner satisfies the responsibility of the operator under this
50 subsection. When more than one (1) forest practice is to be conducted in rela-
51 tion to harvesting of forest tree species, one (1) notice including each for-
52 est practice to be conducted shall be filed with the department. A woodland
1 management plan prepared by the woodland foresters of the department or
2 approved by the board of supervisors of a soil conservation district shall
3 constitute suitable notification of a forest practice when filed with the
4 department, provided the woodland management plan contains the information
5 required in subsection (2) of this section.
6 (2) The notification required in subsection (1) of this section shall be
7 on forms prescribed and provided by the department and shall include the name
8 and address of the operator, timber owner, and landowner, the legal descrip-
9 tion of the area in which the forest practice is to be conducted, and other
10 information the department considers necessary for the administration of the
11 rules adopted by the board under section 38-1304, Idaho Code.
12 (3) All notifications must be formally accepted by the department before
13 any forest practice may begin. (a) (b)
14 ( 54) The initial purchaser of ties, logs, posts, cordwood, pulpwood and
15 other similar forest products which have been cut from lands within the state
16 of Idaho shall make no such purchase from anyone not having a proper accep-
17 tance of forest practice notice.
18 ( 65) Promptly upon formal acceptance of the notice, but not more than
19 fifteen (15) days from formal acceptance of the notice, the department shall
20 mail a copy of the notice to whichever of the operator, timber owner, or land-
21 owner that did not submit the notification. The department shall make avail-
22 able to the operator, the timber owner, and landowner a copy of the rules.
23 ( 76) An operator, timber owner, or landowner, whichever filed the origi-
24 nal notification, shall notify the department of any subsequent change in the
25 information contained in the notification within thirty (30) days of the
26 change. Promptly upon receipt of notice of change, but not to exceed fifteen
27 (15) days from receipt of notice, the department shall mail a copy of the
28 notice to whichever of the operator, timber owner, or landowner that did not
29 submit the notice of change.
30 ( 87) The notification is valid for the same period as set forth in the
31 certificate of compliance under section 38-122, Idaho Code. At the expiration
32 of the notification, if the forest practice is continuing, the notification
33 shall be renewed using the same procedures provided for in this section.
34 ( 98) If the notification required by subsection (1) of this section indi-
35 cates that at the expiration of the notification that the forest practice will
36 be continuing, the operator, timber owner, or landowner, at least thirty (30)
37 days prior to the expiration of the notification, shall notify the department
38 and obtain a renewal of the notification. Promptly upon receipt of the request
39 for renewal, but not to exceed fifteen (15) days from receipt of the request,
40 the department shall mail a copy of the renewed notification to whichever of
41 the operator, timber owner, or landowner that did not submit the request for
43 ( 109) The department shall not accept a new forest practices notification
44 from any operator having an outstanding notice of violation until the repairs
45 specified pursuant to section 38-1307(2)(a), Idaho Code, have been completed
46 to the satisfaction of the department.
47 SECTION 19. That Section 39-2102(A), Idaho Code, be, and the same is
48 hereby amended to read as follows:
49 39-2102 (A ). LABELING OF PAINT AND CLEANSING LIQUIDS CONTAINING TOXIC
50 ADDITIVES. All persons, partnerships, or corporations who sell or offer to
51 sell in the state of Idaho any type of paint, solvent, or cleansing liquids
52 containing toxic additives shall cause a label to be placed on each and every
53 box, package, or container showing thereon the name and type of such ingredi-
1 ents and/or toxic additives and the amount of each.
2 SECTION 20. That Section 39-3502, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 39-3502. DEFINITIONS. As used in this chapter:
5 (1) "Abuse" means a nonaccidental act of sexual, physical or mental mis-
6 treatment or injury of a resident through the action or inaction of another
8 (2) "Activities of daily living" means the performance of basic self-care
9 activities in meeting an individual's needs to sustain him in a daily living
11 (3) "Adult" means a person who has attained the age of eighteen (18)
13 ( 34) "Advocate" means an authorized or designated representative of a
14 program or organization operating under federal or state mandate to represent
15 the interests of a population group served by the certified family home.
16 ( 45) "Assessment" means the conclusion reached using uniform criteria
17 which identifies resident strengths, weaknesses, risks and needs, to include
18 functional, medical and behavioral. The assessment criteria shall be developed
19 by the department and the advisory council.
20 ( 56) "Board" means the board of health and welfare.
21 ( 67) "Care provider" means the adult member of the home family responsi-
22 ble for maintaining the certified family home. The care provider and the legal
23 owner may not necessarily be the same person. The care provider must live in
24 the home.
25 ( 78) "Certified family home" means a family-styled living environment in
26 which two (2) or fewer adults live who are not able to reside in their own
27 home and who require care, help in daily living, protection and security,
28 supervision, personal assistance and encouragement toward independence.
29 ( 89) "Certifying agent" means a person acting under the authority of the
30 department to participate in the certification, inspection, and regulation of
31 a family home.
32 ( 910) "Chemical restraint" means any drug that is used for discipline or
33 convenience and not required to treat medical symptoms.
34 (1 01) "Client" means any person who receives financial aid and/or services
35 from an organized program of the department.
36 (1 12) "Core issues" means abuse, neglect, exploitation, inadequate care,
37 inoperable fire detection or extinguishing systems with no fire watch in place
38 pending the correction of the system, and situations in which advocates, rep-
39 resentatives and department certification staff are denied access to records,
40 residents, or the certified family home.
41 (1 23) "Department" means the Idaho department of health and welfare.
42 (1 34) "Director" means the director of the Idaho department of health and
44 (1 45) "Exploitation" means the misuse of a vulnerable adult's funds, prop-
45 erty or resources by another person for profit or advantage.
46 (1 56) "Governmental unit" means the state, any county, any city, other
47 political subdivision, or any department, division, board or other agency
49 (1 67) "Home family" means all individuals related by blood, marriage, or
50 adoption, other than residents, residing in the certified family home.
51 (1 78) "Inadequate care" occurs when a certified family home fails to pro-
52 vide the services required to meet the terms of the negotiated plan of service
53 or provide for room, board, activities of daily living, supervision, first
1 aid, assistance and monitoring of medications, emergency intervention, coordi-
2 nation of outside services, or a safe living environment; or engages in viola-
3 tions of residents' rights or takes residents who have been admitted in viola-
4 tion of the provisions of section 39-3507, Idaho Code.
5 (1 89) "Neglect" means failure to provide food, clothing, shelter, or medi-
6 cal care necessary to sustain life and health of a resident.
7 ( 1920) "Negotiated service agreement" means the agreement reached by the
8 resident or their representative, if applicable, and the facility, based on
9 the assessment, physician's orders if any, admission records if any, and
10 desires of the resident, and which outlines services to be provided and the
11 obligations of the certified family home and the resident.
12 (2 01) "Personal assistance" means the provision by the certified family
13 home of one (1) or more of the following services:
14 (a) Assisting the resident with activities of daily living.
15 (b) Arranging for supportive services.
16 (c) Being aware of the resident's general whereabouts.
17 (d) Monitoring the activities of the resident while on the premises of
18 the facility to ensure the resident's health, safety and well-being.
19 (2 12) "Political subdivision" means a city or county.
20 (2 23) "Representative of the department" means an employee of the depart-
22 (2 34) "Resident" means an adult who lives in a certified family home and
23 who requires personal assistance or supervision.
24 (2 45) "Room and board" means lodging and meals.
25 (2 56) "Substantial compliance" means a certified family home has no core
26 issue deficiencies.
27 (2 67) "Substitute caregiver" means an adult designated by the certified
28 family home provider to provide care and services in a certified family home
29 in the temporary absence of the regular care provider.
30 (2 78) "Supervision" means administrative activity which provides the fol-
31 lowing: protection, guidance, knowledge of the resident's whereabouts and mon-
32 itoring activities. The care provider is responsible for providing appropriate
33 supervision based on each resident's negotiated service agreement.
34 (2 89) "Supportive services" means the specific services that are provided
35 to the resident in the community and that are required by the negotiated ser-
36 vice agreement or reasonably requested by the resident.
37 SECTION 21. That Section 39-3613, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 39-3613. CREATION OF BASIN ADVISORY GROUPS. The director, in consultation
40 with the designated agencies, shall name, for each of the state's major river
41 basins, no less than one (1) basin advisory group which shall generally advise
42 the director on water quality objectives for each basin and work in a coopera-
43 tive manner with the director to achieve these objectives. Each such group
44 shall establish by majority vote, operating procedures to guide the work of
45 the group. Members shall be compensated pursuant to section 59-509(c), Idaho
46 Code. The membership of each basin advisory group shall be representative of
47 the industries and interests directly affected by the implementation of water
48 quality programs within the basin and each member of the group shall either
49 reside within the basin or represent persons with a real property interest
50 within the basin. Recognized groups representing those industries or interests
51 in the basin may nominate members of the group to the director. Each basin
52 advisory group named by the director shall reflect a balanced representation
53 of the interests in the basin and shall, where appropriate, include a repre-
1 sentative from each of the following: agriculture, mining, nonmunicipal point
2 source discharge permittees, forest products, local government, livestock,
3 Indian tribes (for areas within reservation boundaries), water-based recre-
4 ation, and environmental interests. In addition, the director shall name one
5 (1) person to represent the public at large who may reside outside the basin.
6 Members named to the basin advisory groups shall, in the opinion of the direc-
7 tor, have demonstrated interest or expertise which will be of benefit to the
8 work of the basin advisory group. The director may also name as may be needed
9 those who have expertise necessary to assist in the work of the basin advisory
10 group who shall serve as technical nonvoting advisers to the basin advisory
11 group. department;
12 SECTION 22. That Section 41-3408, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 41-3408. QUALIFICATIONS FOR CERTIFICATE OF AUTHORITY. The director shall
15 not issue or permit to exist a certificate of authority to be or act as a ser-
16 vice corporation, as to any corporation not fulfilling the following qualifi-
18 (1) Must be incorporated as provided in section 41-3406, Idaho Code, as a
19 professional service corporation.
20 (2) Must intend to and actually conduct its business in good faith as a
21 nonprofit corporation.
22 (3) Must have in force service agreements with participant licensees
23 located in the areas of the subscribers' residences convenient as to location
24 and sufficient in numbers, capacity and facilities reasonably to furnish
25 respective categories of health care services then provided or proposed to be
26 provided by the corporation to its subscribers. Said professional service cor-
27 poration shall be ready and willing at all times to enter into service agree-
28 ments with all licensees of the category or categories specified in its arti-
29 cles of incorporation who are qualified under the laws of the state of Idaho
30 and who desire to become participant licensees of said corporation and who
31 practice within the general area served by said professional service corpora-
33 (4) If a newly formed corporation, it must possess sufficient available
34 working funds to pay all reasonably anticipated cost of acquisition of new
35 business and operating expenses, other than payment for professional services,
36 for a period of not less than the six (6) months next following the date of
37 issuance of the certificate of authority, if issued.
38 ( 65) Nothing in this section shall preclude a service corporation from
39 refusing to contract with a health care licensee who is unqualified or who
40 does not meet the terms and conditions of the participating licensee contract
41 of the service corporation or from terminating or refusing to renew the con-
42 tract of a participating health care licensee who is unqualified or who does
43 not comply with, or who refuses to comply with, the terms and conditions of
44 the participating health care licensee contract including, but not limited to,
45 practice standards and quality requirements. The contract shall provide for
46 written notice to the participating health care licensee setting forth any
47 breach of contract for which the service corporation proposes that the con-
48 tract be terminated or not renewed and shall provide for a reasonable period
49 of time for the participating health care licensee to cure such breach prior
50 to termination or nonrenewal. If the breach has not been cured within such
51 period of time the contract may be terminated or not renewed. Provided how-
52 ever, that if the breach of contract for which the service corporation pro-
53 poses that the contract be terminated or not renewed is a willful breach,
1 fraud or a breach which poses an immediate danger to the public health or
2 safety, the contract may be terminated or not renewed immediately.
3 ( 76) Every service corporation issuing benefits pursuant to this chapter
4 shall establish a grievance system for licensees. Such grievance system shall
5 provide for arbitration according to chapter 9, title 7, Idaho Code, or for
6 such other system which provides reasonable due process provisions for the
7 resolution of grievances and the protection of the rights of the parties.
8 (8)( 57) Must fulfill all other applicable requirements of this chapter.
9 SECTION 23. That Section 43-219, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 43-219. PETITION -- FORM. Recall petitions shall be printed on single
12 sheets of paper of good writing quality including, but not limited to,
13 newsprint not less than eight and one-half (8 1/2) inches in width and not
14 less than fourteen (14) inches in length. No petition may be circulated or
15 signed prior to the approval of a ballot synopsis by the magistrate court.
16 Such petitions shall be substantially in the following form:
18 Every person who signs this petition with any other than his true name, or
19 who knowingly (1) signs more than one (1) of these petitions, (2) signs this
20 petition when he is not a legal voter, or (3) makes herein any false state-
21 ment, may be fined, or imprisoned, or both.
22 Petition for the recall of (here insert the name of the person whose
23 recall is petitioned for) to the (here insert the name and title of the secre-
24 tary of the irrigation district with whom the charge is filed).
25 We, the undersigned citizens and legal voters of (the irrigation
26 district's official name), respectfully direct that a special election be
27 called to determine whether or not (here insert the name of the person) be
28 recalled and discharged from his office; and each of us for himself says: I
29 have personally signed this petition; I am a legal voter of the state of Idaho
30 in (the irrigation district's official name) and county written after my name,
31 and my residence address is correctly stated, and to my knowledge, have
32 signed this petition only once.
33 Each and every signature sheet of each petition containing signatures
34 shall be verified on the face thereof in substantially the following form by
35 the person who circulated said sheet of the petition, by his or her affidavit
36 thereon, as a part thereof:
37 State of Idaho )
38 ) ss.
39 County of )
40 I, ...................., swear, under penalty of perjury, that every per-
41 son who signed this sheet of the foregoing petition signed his or her name
42 thereto in my presence. I believe that each has stated his or her name and the
43 accompanying required information on the signature sheet correctly, and that
44 the person was eligible to sign this petition.
45 (Signature) ......................
46 Post Office address ..............
48 Subscribed and sworn to before me this ....day of ........, 19.....
49 (Notary Seal) .......................................................
50 Notary Public
51 Residing at ............................
52 SECTION 24. That Section 49-435, Idaho Code, be, and the same is hereby
1 amended to read as follows:
2 49-435. PROPORTIONAL REGISTRATION OF COMMERCIAL VEHICLES. . (1) Any owner
3 engaged in operating one (1) or more fleets of commercial vehicles may, in
4 lieu of the registration fees imposed by section 49-434, Idaho Code, register
5 each fleet for operation in this state by filing an application with the
6 department which shall contain the information required by the international
7 registration plan (IRP) agreement. Any owner who makes application for propor-
8 tional registration under the provisions of the international registration
9 plan shall comply with the terms and conditions of the IRP agreement.
10 (2) The department shall register the vehicle so described and identified
11 and may issue license plates or distinctive sticker or other suitable identi-
12 fication device for each vehicle listed in the application upon payment of the
13 fees required under subsections (1) and (8) of section 49-434, Idaho Code, and
14 an additional identification charge of eight dollars ($8.00) per vehicle. The
15 fees collected for the additional identification shall be deposited to the
16 state highway account. A registration card shall be issued for each propor-
17 tionally registered vehicle appropriately identifying it which shall be car-
18 ried in or upon the vehicle identified at all times.
19 (3) Fleet vehicles so registered and identified shall be deemed to be
20 fully licensed and registered in this state for any type of movement or opera-
22 (4) The right to the privilege and benefits of proportional registration
23 of fleet vehicles extended by this section, or by any contract, agreement,
24 arrangement or declaration made under the authority provided in section
25 49-201, Idaho Code, shall be subject to the condition that each fleet vehicle
26 proportionally registered shall also be proportionally or otherwise properly
27 registered in at least one (1) other jurisdiction during the period for which
28 it is proportionally registered in this state.
29 ( 15) No provision of this section relating to proportional registration
30 of fleet vehicles shall be construed as requiring any vehicle to be propor-
31 tionally registered if it is otherwise registered in this state for the opera-
32 tion in which it is engaged including regular registration or temporary trip
34 SECTION 25. That Section 54-1733, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 54-1733. VALIDITY OF PRESCRIPTION DRUG ORDERS. (1) A prescription or drug
37 order for a legend drug is not valid unless it is issued for a legitimate med-
38 ical purpose arising from a prescriber-patient relationship which includes a
39 documented patient evaluation adequate to establish diagnoses and identify
40 underlying conditions and/or contraindications to the treatment. Treatment,
41 including issuing a prescription or drug order, based solely on an online
42 questionnaire or consultation outside of an ongoing clinical relationship does
43 not constitute a legitimate medical purpose. A prescription or drug order may
44 be issued either:
45 (a) By a practitioner acting in the usual course of his profession; or
46 (b) By a physician, dentist, veterinarian, scientific investigator or
47 other person, other than a pharmacist, who is licensed in a jurisdiction
48 other than the state of Idaho and is permitted by such license to dis-
49 pense, conduct research with respect to or administer the prescribed leg-
50 end drugs in the course of his professional practice or research in such
51 jurisdiction, so long as the individual is acting within the jurisdiction,
52 scope and authority of his license when issuing the prescription or drug
2 ( ac) The prescription drug order may be signed and sent electronically
3 pursuant to chapter 50, title 28, Idaho Code.
4 ( bd) Transmission of prescription drug order. In addition to delivery of
5 the original signed written prescription to a licensed pharmacy:
6 (i) A prescription drug order that has been signed by the practi-
7 tioner may be received by a licensed pharmacy for dispensing purposes
8 through a facsimile transmission from the prescribing practitioner or
9 the practitioner's agent, or from a health care facility for a
10 patient or resident in such facility;
11 (ii) A prescription drug order may also be received by a licensed
12 pharmacist verbally from the practitioner, the practitioner's agent
13 or from a licensed practical nurse or licensed professional nurse in
14 a health care facility for a patient or resident in such facility;
15 (iii) A prescription drug order received verbally from the practitio-
16 ner by a licensed practical nurse or licensed professional nurse in a
17 licensed health care facility for a patient or resident in such
18 facility may also be sent by facsimile transmission from the health
19 care facility to a licensed pharmacy for dispensing purposes provided
20 the transmitted document includes the name of the prescriber issuing
21 the prescription drug order, the name and license number of the nurse
22 who transcribed the order and the name of the person who sent the
24 (2) It is unlawful for a practitioner to knowingly issue an invalid pre-
25 scription or drug order for a legend drug.
26 (3) It is unlawful for a pharmacist or veterinarian to knowingly fill an
27 invalid prescription or drug order for a legend drug.
28 SECTION 26. That Section 63-3622O, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 63-3622O. EXEMPT PRIVATE AND PUBLIC ORGANIZATIONS. (1) There are exempted
31 from the taxes imposed by this chapter:
32 (a) Sales to or purchases by hospitals, health-related entities, educa-
33 tional institutions, forest protective associations and canal companies
34 which are nonprofit organizations; and
35 (b) Donations to, sales to, and purchases by the Idaho Foodbank Ware-
36 house, Inc.; and
37 (c) Donations to, sales to, and purchases by food banks or soup kitchens
38 of food or other tangible personal property used by food banks or soup
39 kitchens in the growing, storage, preparation or service of food, but not
40 including motor vehicles or trailers; and
41 (d) Sales of clothes to, donations of clothes to, and purchases of
42 clothes by nonsale clothiers; and
43 (e) Sales to or purchases by centers for independent living; and
44 (f) Sales to or purchases by the state of Idaho and its agencies and its
45 political subdivisions; and
46 (g) Sales to or purchases by volunteer fire departments or licensed emer-
47 gency medical service agencies; and
48 (h) Sales to or purchases by a qualifying senior citizen center; and
49 (i) Sales to or purchases by the Blind Services Foundation, Inc.; and
50 (j) Donations to, sales to or purchases by the Advocates for Survivors of
51 Domestic Violence and Sexual Assault, Inc., a nonprofit corporation.
52 ( jk) Sales to or purchases by nonprofit organizations offering free den-
53 tal clinic services to children.
1 ( jl) Admissions to and purchases by museums, as defined in subsection (2)
2 of this section.
3 (2) As used in this section, these words shall have the following mean-
5 (a) "Educational institution" shall mean nonprofit colleges, universi-
6 ties, public charter schools organized pursuant to chapter 52, title 33,
7 Idaho Code, and other primary and secondary schools, the income of which
8 is devoted solely to education and in which systematic instruction in the
9 usual branches of learning is given. This definition does not include
10 schools primarily teaching business, dancing, dramatics, music, cosmetol-
11 ogy, writing, gymnastics, exercise and other special accomplishments nor
12 parent-teacher associations, parent groups, alumni or other auxiliary
13 organizations with purposes related to the educational function of an
14 institution or collective group of institutions.
15 (b) "Hospital" shall include nonprofit institutions licensed by the state
16 for the care of ill persons. It shall not extend to nursing homes or simi-
17 lar institutions.
18 (c) "Health-related entities" shall mean the Idaho Cystic Fibrosis Foun-
19 dation, Idaho Epilepsy League, Idaho Lung Association, March of Dimes,
20 American Cancer Society, Mental Health Association, The Arc, The
21 Children's Home Society of Idaho, American Heart Association, Idaho Ronald
22 McDonald House, United Cerebral Palsy, Arthritis Foundation, Muscular Dys-
23 trophy Foundation, National Multiple Sclerosis Society, Rocky Mountain
24 Kidney Association, American Diabetes Association, Easter Seals, Idaho
25 Community Action Agencies, Idaho Primary Care Association and community
26 health centers who are members of the Idaho Primary Care Association, the
27 Idaho Diabetes Youth Programs, Special Olympics Idaho, the Idaho Women's
28 and Children's Alliance, and the Family Services Alliance of Southeast
29 Idaho, together with said entities' local or regional chapters or divi-
31 (d) "Canal companies" shall include nonprofit corporations which are
32 incorporated solely for the purpose of operating and maintaining and are
33 engaged solely in operation and maintenance of dams, reservoirs, canals,
34 lateral and drainage ditches, pumps or pumping plants.
35 (e) "Forest protective associations" shall mean associations whose pur-
36 pose is the furnishing, operating and maintaining of a protective system
37 for the detection, prevention and suppression of forest or range fires.
38 Forest protective associations shall include only those associations with
39 which the state of Idaho has contracted or become a member of pursuant to
40 chapter 1, title 38, Idaho Code.
41 (f) "Food banks or soup kitchens" shall mean any nonprofit corporation or
42 association, other than the Idaho Foodbank Warehouse, Inc., one of whose
43 regular activities is the furnishing or providing of food or food products
44 to others without charge.
45 (g) "Nonsale clothier" shall mean any nonprofit corporation or associa-
46 tion one of whose primary purposes is the furnishing or providing of
47 clothes to others without charge.
48 (h) "Clothes" shall mean garments in general, designed or intended to be
49 worn by humans and shall include footwear in addition to wearing apparel.
50 (i) "Center for independent living" shall mean a private, nonprofit, non-
51 residential organization in which at least fifty-one percent (51%) of the
52 principal governing board, management and staff are individuals with dis-
53 abilities and that:
54 (i) Is designed and operated within a local community by individu-
55 als with disabilities;
1 (ii) Provides an array of independent living services and programs;
3 (iii) Is cross-disability.
4 (j) "Political subdivision" means:
5 (i) A governmental organization which:
6 1. Embraces a certain territory,
7 2. Is organized for public advantage and not in the interest of
8 private individuals or classes,
9 3. Has been delegated functions of government, and
10 4. Has the statutory power to levy taxes; or
11 (ii) A public health district created by section 39-408, Idaho
12 Code; or
13 (iii) A soil conservation district as defined in section 22-2717,
14 Idaho Code; or
15 (iv) A drainage district created pursuant to chapter 29, title 42,
16 Idaho Code; or
17 (v) An irrigation district created pursuant to title 43, Idaho
18 Code; or
19 (vi) A state grazing board created by section 57-1204, Idaho Code;
21 (vii) A water measurement district created pursuant to section
22 42-705 or 42-706, Idaho Code; or
23 (viii) A ground water management district created pursuant to chapter
24 51, title 42, Idaho Code.
25 (k) "Agency of the state of Idaho" shall mean an office or organization
26 created by the constitution or statutes of this state and constituting a
27 component part of the executive, judicial or legislative branch of the
28 government of this state.
29 (l) "Volunteer fire department" means an entity exempt from federal
30 income taxation pursuant to section 501(c)(3) of the Internal Revenue Code
31 and which primarily provides fire protection, or fire prevention on a
32 not-for-profit basis to surrounding residents.
33 (m) "Licensed emergency medical service agency (EMS)" means an emergency
34 medical service licensed by the EMS bureau of the department of health and
35 welfare and which is exempt from federal income taxation pursuant to sec-
36 tion 501(c)(3) of the Internal Revenue Code and which provides emergency
37 medical services on a not-for-profit basis to surrounding residents.
38 (n) "Qualifying senior citizen center" means an entity exempt from income
39 tax pursuant to section 501(c)(3) of the Internal Revenue Code and which
40 is a community facility for the organization and provision of a broad
41 spectrum of services, which shall include provision of health (including
42 mental health), social, nutritional, and educational services and the pro-
43 vision of facilities for recreational activities for older individuals.
44 (o) "Museum" means a public institution or an entity exempt from income
45 tax pursuant to section 501(c)(3) of the Internal Revenue Code, which
46 stores, preserves and exhibits objects of art, history, science or other
47 objects of historical, educational or cultural value on a permanent basis
48 in a building, portion of a building or outdoor location and which pro-
49 vides museum services to the public on a regular basis.
50 (3) The exemption granted by subsection (1)(f) of this section does not
51 include any association or other organization whose members are political sub-
52 divisions or state agencies unless the organization is expressly created under
53 the joint powers provision of sections 67-2328 through 67-2333, Idaho Code.
54 (4) The exemptions granted by subsection (1) of this section do not
55 include the use of tangible personal property by a contractor used to improve
1 real property of an exempt entity when such use is within the definition pro-
2 vided by section 63-3615(b), Idaho Code, whether the use tax liability is
3 included in a contract total or stated separately in a contract.
4 (5) There is exempted from the taxes imposed in this chapter, the renting
5 of a place to sleep to an individual by the Idaho Ronald McDonald House.
6 SECTION 27. That Section 67-460, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 67-460. POWERS OF COMMITTEE. The joint legislative oversight committee
9 shall have the following powers:
10 (1) To direct the director of legislative performance evaluations in
11 accordance with section 67-461, Idaho Code, to review the performance of any
12 state agency or program and to prepare reports for submission to the joint
13 legislative oversight committee.
14 (2) To contract with private individuals or entities for the conduct of
15 performance evaluations or portions thereof.
16 (3) To examine witnesses, to require the appearance of any person and the
17 production of papers or records, including books, accounts, documents, com-
18 puter records, and other materials, and to order the appearance of any person
19 for the purpose of producing papers or records, including books, accounts,
20 documents, computer records, and other materials, as is provided other legis-
21 lative committees.
22 (4) To administer oaths to witnesses appearing before the committee when,
23 by a majority vote, the committee deems the administration of an oath neces-
24 sary and advisable as provided by law.
25 (5) To determine that a witness has perjured himself by testifying
26 falsely before the committee, and to direct the attorney general to institute
27 legal proceedings as provided by law.
28 (6) To conduct meetings at such times as the cochairmen deem necessary.
29 ( 87) To issue subpoenas upon the signature of either of the cochairmen;
30 provided that the district court in and for the county in which any inquiry,
31 evaluation, investigation, hearing or proceeding may take place shall have the
32 power to compel obedience by proceedings for contempt, as in the case of dis-
33 obedience of the requirements of a subpoena issued from the court or the
34 refusal to testify or produce papers or records, including books, accounts,
35 documents, computer records, and other materials, in court.
36 SECTION 28. That Section 67-501, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 67-501. INDORSEMENT ENDORSEMENT OF BILLS. Every bill must, as soon as
39 delivered to the governor, be indorsed endorsed as follows: "This bill was
40 received by the governor this .... day of ...., nineteen ....."
41 SECTION 29. That Section 67-505, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 67-505. BILLS NOT RETURNED. Every bill which has passed both houses of
44 the legislature, and has not been returned by the governor within five (5)
45 days, thereby becoming a law, is authenticated by the governor causing the
46 fact to be certified thereon by the secretary of state in the following form:
47 "This bill having remained with the governor five (5) days (Sundays excepted),
48 and the legislature being in session, it has become a law this .... day of
49 ...., 19....," which certificate must be signed by the secretary of state and
1 deposited with the laws in his office. Where the legislature by adjournment,
2 prevents the return of a bill, the governor, if he disapproves thereof, shall
3 file the same, with his objections, in the office of the secretary of state
4 within ten (10) days after said adjournment (Sundays excepted) or the same
5 shall become a law.
6 SECTION 30. That Section 67-5718, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 67-5718. REQUISITIONS FOR PROPERTY -- NOTICE -- FORM -- GUARANTEE -- PRO-
9 CEDURE FOR BIDDING. (1) The administrator of the division of purchasing shall
10 not make or cause to be made any acquisition until a requisition for the prop-
11 erty to be acquired has been submitted to his office by the requisitioning
12 agency, certifying to the satisfaction of the administrator that there are
13 proper funds or sufficient balance in appropriations out of which the amount
14 of the requisition may lawfully be paid, except as provided to the contrary
15 under provisions of this chapter allowing emergency purchases.
16 (2) Notice shall be posted of all acquisitions of property, unless other-
17 wise excepted by rules of the division. The notice may be posted
18 electronically. The administrator shall also cause all invitations to bid and
19 requests for proposals to be posted manually in a conspicuous place in the
20 office. The notice shall describe the property to be acquired in sufficient
21 detail to apprise a bidder of the exact nature or functionality of the prop-
22 erty required; and shall 20 set forth the bid opening date, time and loca-
24 (3) To enhance small business bidding opportunities, the administrator
25 shall seek a minimum of three (3) bids from vendors having a significant Idaho
26 economic presence as defined in section 67-2349, Idaho Code.
27 (4) All sealed bids received shall be opened at the time and place speci-
28 fied, and in the public view, and a record of each bid shall then and there be
29 made. Contracts shall be awarded to and orders placed with the lowest respon-
30 sible bidder on the basis of initial proposals received or, if applicable,
31 following receipt and evaluation of best and final offers or negotiations. The
32 administrator shall have the right to reject any and all bids pursuant to
33 rules established for the division.
34 (5) Where both the bids and quality of property offered are the same,
35 preference shall be given to property of local and domestic production and
36 manufacture or from bidders having a significant Idaho economic presence as
37 defined in the Idaho Code. In connection with the award of any contract for
38 the placement of any order for state printing, binding, engraving or statio-
39 nery work, the provisions of sections 60-101 and 60-103, Idaho Code, shall
40 apply to the extent that the same may be inconsistent with any requirements
41 contained in this section.
42 (6) As used in this section, the word "sealed" does not preclude accep-
43 tance of electronically sealed and submitted bids in addition to bids manually
44 sealed and submitted.
45 SECTION 31. That the Heading for Chapter 60, Title 67, Idaho Code, be,
46 and the same is hereby amended to read as follows:
47 CHAPTER 60
48 IDAHO WOMEN'S COMMISSION ON WOMEN'S PROGRAMS
49 SECTION 32. That Section 72-205, Idaho Code, be, and the same is hereby
50 amended to read as follows:
1 72-205. PUBLIC EMPLOYMENT GENERALLY -- COVERAGE. The following shall con-
2 stitute employees in public employment and their employers subject to the pro-
3 visions of this law:
4 (1) Every person in the service of the state or of any political subdivi-
5 sion thereof, under any contract of hire, express or implied, and every offi-
6 cial or officer thereof, whether elected or appointed, while performing his
7 official duties, except officials of athletic contests involving secondary
8 schools, as defined by section 33-119, Idaho Code.
9 (2) Every person in the service of a county, city, or any political sub-
10 division thereof, or of any municipal corporation.
11 (3) Participants in the Idaho youth conservation project under the super-
12 vision of the Idaho state forester.
13 (4) Every person who is a member of a volunteer fire or police department
14 shall be deemed, for the purposes of this law, to be in the employment of the
15 political subdivision or municipality where the department is organized.
16 (5) Every person who is a regularly enrolled volunteer member or trainee
17 of the department of disaster and civil defense, or of a civil defense corps,
18 shall be deemed, for the purposes of this law, to be in the employment of the
20 (6) Members of the Idaho national guard while on duty and employees of or
21 persons providing voluntary service to an approved Idaho national guard
22 morale, welfare, and recreational activity. No Idaho compensation benefits
23 shall inure to any such member, employee or volunteer or their beneficiaries
24 for any injury or death compensable under federal law.
25 (7) A community service worker, as that term is defined in section
26 72-102, Idaho Code, is considered to be an employee in public employment for
27 purposes of receiving workmen's worker's compensation benefits, which shall be
28 the community service worker's exclusive remedy for all injuries and occupa-
29 tional diseases as provided under chapters 1 through 8, title 72, Idaho Code.
30 (8) Every person who participates in a youth employment program funded in
31 whole or in part by state or federal money and administered by a state or fed-
32 eral agency or a nonprofit corporation or entity.
33 ( 89) A work experience student, as that term is defined in section
34 72-102, Idaho Code, who does not receive wages while participating in the
35 school's work experience program shall be covered by the school district's
36 policy with the state insurance fund.
37 SECTION 33. That Section 72-1347B, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 72-1347B. WORKFORCE DEVELOPMENT TRAINING FUND. (1) There is established
40 in the state treasury a special trust fund, separate and apart from all other
41 public funds of this state, to be known as the workforce development training
42 fund, hereinafter "training fund." Except as provided herein, all proceeds
43 from the training tax defined in subsection (4) of this section shall be paid
44 into the training fund. The state treasurer shall be the custodian of the
45 training fund and shall invest said moneys in accordance with law. Any inter-
46 est earned on the moneys in the training fund shall be deposited in the train-
47 ing fund. Moneys in the training fund shall be disbursed in accordance with
48 the directions of the director. In any month when the unencumbered balance in
49 the training fund exceeds six million dollars ($6,000,000), the excess amount
50 over six million dollars ($6,000,000) shall be transferred to the employment
51 security reserve fund, section 72-1347A, Idaho Code. For the purposes of this
52 subsection (1), the unencumbered balance in the training fund is the balance
53 in such fund reduced by the sum of:
1 (a) The amounts that have been obligated pursuant to fully-executed
2 workforce development training fund contracts;
3 (b) The amounts that have been obligated pursuant to letters of intent
4 for proposed job training projects; and
5 (c) Any administrative costs related to the training fund that are due
6 and payable.
7 (2) All moneys in the training fund are perpetually appropriated to the
8 director for expenditure in accordance with the provisions of this section.
9 The purpose of the training fund is to provide or expand training and retrain-
10 ing opportunities in an expeditious manner that would not otherwise exist for
11 Idaho's workforce. The training fund is intended to supplement, but not to
12 supplant or compete with, money available through existing training programs.
13 The moneys in the training fund shall be used for the following purposes:
14 (a) To provide training for skills necessary for specific economic oppor-
15 tunities and industrial expansion initiatives;
16 (b) To provide training to upgrade the skills of currently employed work-
17 ers at risk of being permanently laid off;
18 (c) For refunds of training taxes erroneously collected and deposited in
19 the workforce training fund;
20 (d) For all administrative expenses incurred by the department associated
21 with the collection of the training tax and any other administrative
22 expenses associated with the training fund.
23 (3) Expenditures from the training fund for purposes authorized in para-
24 graphs (a) and (b) of subsection (2) of this section shall be approved by the
25 director in consultation with the office of the governor, based on proce-
26 dures, criteria and performance measures established by the council appointed
27 pursuant to section 72-1336, Idaho Code. The activities funded by the training
28 fund will be coordinated with similar activities funded by the state division
29 of professional-technical education. Expenditures from the training fund for
30 purposes authorized in paragraphs (c) and (d) of subsection (2) of this sec-
31 tion shall be approved by the director. The director shall pay all approved
32 expenditures as long as the training fund has a positive balance. The council
33 shall report annually to the governor and the joint finance-appropriations
34 committee the commitments and expenditures made from the training fund in the
35 preceding fiscal year and the results of the activities funded by the training
37 (4) A training tax is hereby imposed on all covered employers required to
38 pay contributions pursuant to section 72-1350, Idaho Code, with the exception
39 of deficit employers who have been assigned a taxable wage rate from rate
40 class six pursuant to section 72-1350, Idaho Code. The training tax rate shall
41 be equal to three percent (3%) of the taxable wage rate then in effect for
42 each eligible, standard-rated and deficit employer. The training tax shall be
43 due and payable at the same time and in the same manner as contributions. This
44 subsection is repealed effective January 1, 20012 2012, unless, prior to that
45 date, the Idaho legislature approves the continuation of this subsection by
46 repeal of this sunset clause.
47 (5) The provisions of this chapter which apply to the payment and collec-
48 tion of contributions also apply to the payment and collection of the training
49 tax, including the same calculations, assessments, method of payment, penal-
50 ties, interest, costs, liens, injunctive relief, collection procedures and
51 refund procedures. In the administration of the provisions of this section,
52 the director is granted all rights, authority, and prerogatives granted under
53 the provisions of this chapter. Moneys collected from an employer delinquent
54 in paying contributions, reserve taxes and the training tax shall first be
55 applied to any penalty and interest imposed pursuant to the provisions of this
1 chapter and shall then be applied pro rata to delinquent contributions to the
2 employment security fund, section 72-1346, Idaho Code, delinquent reserve
3 taxes to the reserve fund, section 72-1347A, Idaho Code, and delinquent train-
4 ing taxes to the training fund. Any interest and penalties collected pursuant
5 to this subsection shall be paid into the state employment security adminis-
6 trative and reimbursement fund, section 72-1348, Idaho Code, and any interest
7 or penalties refunded under this subsection shall be paid out of that same
8 fund. Training taxes paid pursuant to this section shall not be credited to
9 the employer's experience rating account and may not be deducted by any
10 employer from the wages of individuals in its employ. All training taxes shall
11 be deposited in the clearing account of the employment security fund, section
12 72-1346, Idaho Code, for clearance only and shall not become part of such
13 fund. After clearance, the moneys shall be deposited in the training fund
14 established in subsection (1) of this section.
15 (6) Administrative costs related to the training fund shall be paid from
16 the training fund in accordance with subsection (3) of this section.
STATEMENT OF PURPOSE
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
amendments to the various affected sections, this bill compiles
those code sections affected in the legislative sessions prior to
2007 that contain conflicting numbering so that the designations
may be corrected.
There is no fiscal impact as a result of this bill.
Name: Mike Nugent, Legislative Services Offices
STATEMENT OF PURPOSE/FISCAL NOTE S 1064