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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.
Speaker
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
]]]] 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
2 RELATING TO THE BOARD OF HEALTH AND WELFARE; AMENDING SECTION 56-1005, IDAHO
3 CODE, TO PROVIDE APPOINTMENT OF VOTING MEMBERS TO ASSURE APPROPRIATE GEO-
4 GRAPHIC REPRESENTATION OF THE STATE OF IDAHO, TO PROVIDE FOR NONVOTING
5 MEMBERS, TO PROVIDE FOR SELECTION OF A CHAIRMAN AND VICE CHAIRMAN BY VOT-
6 ING MEMBERS, TO DESIGNATE A QUORUM AND TO PERMIT VOTING MEMBERS TO ADOPT,
7 AMEND OR REPEAL RULES, CODES AND STANDARDS BY AN AFFIRMATIVE VOTE OF FOUR
8 OF ITS VOTING MEMBERS; AND DECLARING AN EMERGENCY.
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
2
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
3
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
RS16850
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
Constitution.
2. Clarifies the legislative intent that the appointments
of the voting members of the Board take into account geographic
representation.
FISCAL IMPACT
None.
Contacts
Name: Sen. Kate Kelly 850-7217
Sen. Shawn Keough 332-1349
Rep. Margaret Henbest 332-1235
STATEMENT OF PURPOSE/FISCAL NOTE S 1093