2007 Legislation
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SENATE BILL NO. 1093 – H&W Bd, geographic representation


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Bill Status

S1093.................................................by HEALTH AND WELFARE
HEALTH AND WELFARE BOARD - Amends existing law relating to the Board of
Health and Welfare to provide appointment of voting members to assure
appropriate geographic representation of the state of Idaho; to provide for
nonvoting members; to provide for selection of a chairman and vice-chairman
by voting members; to designate a quorum; to permit voting members to
adopt, amend or repeal rules, codes and standards by an affirmative vote of
four of its voting members.
02/06    Senate intro - 1st rdg - to printing
02/07    Rpt prt - to Health/Wel
02/21    Rpt out - rec d/p - to 2nd rdg
02/22    2nd rdg - to 3rd rdg
03/01    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Corder, Darrington, Davis, Fulcher, Gannon, 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 -- Coiner, Geddes
    Floor Sponsor - Kelly
    Title apvd - to House
03/02    House intro - 1st rdg - to Health/Wel
03/09    Rpt out - rec d/p - to 2nd rdg
03/12    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 63-1-6
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Black, Block, Bock,
      Boe, Bolz, Brackett, Chadderdon, Chavez, Chew, Clark, Collins, Crane,
      Durst, Edmunson, Eskridge, Hagedorn, Hart, Henbest, Henderson,
      Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher,
      Luker, Marriott, Mathews, McGeachin, Moyle, 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)
      NAYS -- Mortimer
      Absent and excused -- Bell, Bilbao, Bradford, Harwood, Nielsen, Mr.
    Floor Sponsor - Henbest
    Title apvd - to Senate
03/20    To enrol
03/21    Rpt enrol - Pres signed - Sp signed
03/22    To Governor
03/28    Governor signed
         Session Law Chapter 247
         Effective: 03/28/07

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                       IN THE SENATE
                                    SENATE BILL NO. 1093
                              BY HEALTH AND WELFARE COMMITTEE
  1                                        AN ACT
  9    Be It Enacted by the Legislature of the State of Idaho:
 10        SECTION 1.  That Section 56-1005, Idaho Code, be, and the same  is  hereby
 11    amended to read as follows:
 12        56-1005.  BOARD  --  COMPOSITION  -- OFFICERS -- COMPENSATION -- POWERS --
 13    SUBPOENA -- DEPOSITIONS -- REVIEW -- RULES. (1) The board of health  and  wel-
 14    fare shall consist of eleven (11) members, seven (7) members of which shall be
 15    appointed by the governor, with the advice and consent of the senate. The mem-
 16    bers  appointed by the governor may be removed by the governor for cause. Each
 17    member of the board appointed by the governor shall be a citizen of the United
 18    States, a resident of the state of Idaho, and a qualified  elector.  Not  more
 19    than four (4) members of the board appointed by the governor shall be from any
 20    one  (1)  political party. Of the members of the board appointed by the gover-
 21    nor, four (4) members shall be chosen with due regard to their  knowledge  and
 22    interest  in health and social services, two (2) members shall be chosen based
 23    on their experience in business or  finance,  and  one  (1)  member  shall  be
 24    selected  as a representative of the public at large. The voting members shall
 25    be appointed to assure appropriate geographic representation of the  state  of
 26    Idaho.  The  other  four (4) members of the board, who shall be nonvoting mem-
 27    bers, shall be:
 28        (a)  The chairperson of the senate health and welfare  committee,  or  the
 29        chair's designee;
 30        (b)  The  chairperson  of  the house of representatives health and welfare
 31        committee, or the chair's designee;
 32        (c)  The director of the department of health and welfare, who shall serve
 33        as the board's secretary; and as a nonvoting member; and
 34        (d)  A representative of the office of the governor, as designated by  the
 35        governor, who shall serve as a nonvoting member.
 36        (2)  The  members of the board of health and welfare appointed by the gov-
 37    ernor, serving on the effective date of this act shall continue in  office  as
 38    members of the board of health and welfare. All members of the board of health
 39    and welfare appointed by the governor shall serve four (4) year terms.
 40        (3)  The voting members of the board annually shall elect a chairman and a
 41    vice  chairman,  and who shall be voting members of the board. The board shall
 42    hold meetings no less than once every two (2) months. Special meetings of  the
 43    board  may be called by the chairman of the board, by a majority of the voting
  1    members of the board or, on written request, by the director of the department
  2    of health and welfare. Five (5) A majority of the voting members shall be nec-
  3    essary to constitute a quorum at any regular or special meeting and the action
  4    of the majority of members present shall be the action of the board. The  mem-
  5    bers  of  the  board    shall be compensated as provided in section 59-509(h),
  6    Idaho Code.
  7        (4)  The board, in furtherance of its  duties  under  law  and  under  its
  8    rules, shall have the power to administer oaths, certify to official acts, and
  9    to  issue  subpoenas  for  the  attendance  of witnesses and the production of
 10    papers, books, accounts, documents and testimony. The board may, if a  witness
 11    refuses  to  attend or testify, or to produce any papers required by such sub-
 12    poenas, report to the district court in and for the county in which  the  pro-
 13    ceeding  is pending, by petition, setting forth that due notice has been given
 14    of the time and place of attendance of said witnesses, or  the  production  of
 15    said papers, that the witness has been properly summoned, and that the witness
 16    has  failed  and refused to attend or produce the papers required by this sub-
 17    poena before the board, or has refused to answer questions propounded  to  him
 18    in  the  course of said proceedings, and ask an order of said court compelling
 19    the witness to attend and testify and produce said papers  before  the  board.
 20    The  court, upon the petition of the board, shall enter an order directing the
 21    witness to appear before the court at a time and place  to  be  fixed  by  the
 22    court  in such order, the time to be not more than ten (10) days from the date
 23    of the order, and then and there shall show cause why he has not attended  and
 24    testified or produced said papers before the board. A copy of said order shall
 25    be  served  upon  said witness. If it shall appear to the court that said sub-
 26    poena was regularly issued by the board and regularly served, the court  shall
 27    thereupon  order  that  said  witness  appear before the board at the time and
 28    place fixed in said order, and testify or produce the  required  papers.  Upon
 29    failure  to  obey said order, said witness shall be dealt with for contempt of
 30    court.
 31        (5)  The director, his designee, or any party to the  action  may,  in  an
 32    investigation  or hearing before the board, cause the deposition or interroga-
 33    tory of witnesses or parties residing within or without the state, to be taken
 34    in the manner prescribed by law for like depositions  and  interrogatories  in
 35    civil  actions in the district court of this state, and to that end may compel
 36    the attendance of said witnesses and production of  books,  documents,  papers
 37    and accounts.
 38        (6)  Any  person  aggrieved  by an action or inaction of the department of
 39    health and welfare shall be afforded an opportunity for a  fair  hearing  upon
 40    request  therefor in writing pursuant to chapter 52, title 67, Idaho Code, and
 41    the rules promulgated thereunder. In those cases  where  the  board  has  been
 42    granted  the  authority  to hold such a hearing pursuant to a provision of the
 43    Idaho Code, the hearing may be conducted by the board at a regular or  special
 44    meeting, or the board may designate hearing officers, who shall have the power
 45    and  authority  to  conduct  hearings in the name of the board at any time and
 46    place. In any hearing, a member of the board or hearing officer designated  by
 47    it,  shall have the power to administer oaths, examine witnesses, and issue in
 48    the name of the board subpoenas requiring the testimony of witnesses  and  the
 49    production of evidence relevant to any matter in the hearing.
 50        (7)  Any  person adversely affected by a final determination of the board,
 51    may secure judicial review by filing a petition for review as prescribed under
 52    the provisions of chapter 52, title 67, Idaho Code. The  petition  for  review
 53    shall  be  served  upon the chairman of the board, the director of the depart-
 54    ment, and upon the attorney general of the state of Idaho. Such service  shall
 55    be  jurisdictional  and  the provisions of this section shall be the exclusive
  1    procedure for appeal.
  2        (8)  The board, by the affirmative vote of five (5) four (4) of its voting
  3    members, may adopt, amend or repeal the rules, codes,  and  standards  of  the
  4    department,  that  are necessary and feasible in order to carry out its duties
  5    and responsibilities and to enforce the laws of this state.
  6        The rules and orders so adopted and established shall have the  force  and
  7    effect  of law and may deal with any matters deemed necessary and feasible for
  8    protecting the health of the state.
  9        (9)  All rulemaking proceedings and hearings of the board  shall  be  gov-
 10    erned by the provisions of chapter 52, title 67, Idaho Code.
 11        (10) In addition to any other powers and duties granted to the board under
 12    law, the board shall:
 13        (a)  Advise the director and the governor on department fiscal, policy and
 14        administrative matters;
 15        (b)  Review  and  advise the director regarding the department's strategic
 16        plan and performance measures;
 17        (c)  Develop goals and standards  to  measure  department  efficiency  and
 18        effectiveness; and
 19        (d)  Review  and  advise  the  director  and  the  governor  on department
 20        initiatives.
 21        (11) The board shall provide an annual report to the governor and  to  the
 22    legislature prior to the start of each legislative session, addressing:
 23        (a)  The key department fiscal and policy issues;
 24        (b)  The department's managerial and overall performance; and
 25        (c)  The major proposed and ongoing departmental initiatives.
 26        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 27    declared to exist, this act shall be in full force and effect on and after its
 28    passage and approval.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE


This legislation corrects certain defects and omissions in
statutory language (HB832) adopted by the legislature in the 2006
session. Specifically, this legislation:

  1. Changes the status of the chairs of the Senate and
House Health and Welfare Committees from voting members of the
Board of Health and Welfare to non-voting members of the Board.
This change is being proposed in response to legal guidance from
the Attorney General's office.  That guidance raised concerns
that, without this change, the existing statute encroaches upon
the basic powers of the Executive Department and, consequently,
violates the Separation of Powers doctrine set forth in the Idaho

  2. Clarifies the legislative intent that the appointments
of the voting members of the Board take into account geographic

                         FISCAL IMPACT

Name:   Sen. Kate Kelly    850-7217
        Sen. Shawn Keough  332-1349
        Rep. Margaret Henbest  332-1235

STATEMENT OF PURPOSE/FISCAL NOTE                           S 1093