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S1175aaH.............................................by JUDICIARY AND RULES
HEALTH AND WELFARE - Amends existing law to revise the compensation of the
members of the Board of Health and Welfare.
02/26 Senate intro - 1st rdg - to printing
02/27 Rpt prt - to Health/Wel
03/01 Rpt out - rec d/p - to 2nd rdg
03/02 2nd rdg - to 3rd rdg
03/05 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 - Lodge
Title apvd - to House
03/06 House intro - 1st rdg - to Health/Wel
03/09 Rpt out - ref'd to St Aff
03/13 Rpt out - to Gen Ord
Rpt out amen - to 1st rdg as amen
03/14 1st rdg - to 2nd rdg as amen
03/15 2nd rdg - to 3rd rdg as amen
03/20 3rd rdg as amen - PASSED - 64-3-3
AYES -- Anderson, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chew, Collins,
Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henbest,
Henderson, Jaquet, Killen, Labrador, Lake, LeFavour, Loertscher,
Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen,
Nonini, 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 -- Andrus, King, Pasley-Stuart
Absent and excused -- Chavez, Clark, Kren
Floor Sponsor - Luker
Title apvd - to Senate
03/21 Senate concurred in House amens - to engros
Rpt engros - 1st rdg - to 2nd rdg as amen
03/22 2nd rdg - to 3rd rdg as amen
Rls susp - 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 - Lodge
Title apvd - to enrol
03/23 Rpt enrol - Pres signed
03/26 Sp signed - To Governor
03/30 Governor signed
Session Law Chapter 315
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1175
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE BOARD OF HEALTH AND WELFARE; AMENDING SECTION 56-1005, IDAHO
3 CODE, TO REVISE THE COMPENSATION OF THE MEMBERS OF THE BOARD OF HEALTH AND
4 WELFARE.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 56-1005, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 56-1005. BOARD -- COMPOSITION -- OFFICERS -- COMPENSATION -- POWERS --
9 SUBPOENA -- DEPOSITIONS -- REVIEW -- RULES. (1) The board of health and wel-
10 fare shall consist of eleven (11) members, seven (7) members of which shall be
11 appointed by the governor, with the advice and consent of the senate. The mem-
12 bers appointed by the governor may be removed by the governor for cause. Each
13 member of the board appointed by the governor shall be a citizen of the United
14 States, a resident of the state of Idaho, and a qualified elector. Not more
15 than four (4) members of the board appointed by the governor shall be from any
16 one (1) political party. Of the members of the board appointed by the gover-
17 nor, four (4) members shall be chosen with due regard to their knowledge and
18 interest in health and social services, two (2) members shall be chosen based
19 on their experience in business or finance, and one (1) member shall be
20 selected as a representative of the public at large. The other four (4) mem-
21 bers of the board shall be:
22 (a) The chairperson of the senate health and welfare committee, or the
23 chair's designee;
24 (b) The chairperson of the house of representatives health and welfare
25 committee, or the chair's designee;
26 (c) The director of the department of health and welfare, who shall serve
27 as the board's secretary and as a nonvoting member; and
28 (d) A representative of the office of the governor, as designated by the
29 governor, who shall serve as a nonvoting member.
30 (2) The members of the board of health and welfare appointed by the gov-
31 ernor, serving on the effective date of this act shall continue in office as
32 members of the board of health and welfare. All members of the board of health
33 and welfare appointed by the governor shall serve four (4) year terms.
34 (3) The board annually shall elect a chairman and a vice chairman, and
35 shall hold meetings no less than once every two (2) months. Special meetings
36 of the board may be called by the chairman of the board, by a majority of the
37 voting members of the board or, on written request, by the director of the
38 department of health and welfare. Five (5) members shall be necessary to con-
39 stitute a quorum at any regular or special meeting and the action of the
40 majority of members present shall be the action of the board. The members of
41 the board shall be compensated as provided in section 59-509(hp), Idaho Code.
42 Per day compensation shall be awarded for any day an official board meeting or
43 action is called or any day that requires no less than four (4) hours of time
2
1 spent on related board activities.
2 (4) The board, in furtherance of its duties under law and under its
3 rules, shall have the power to administer oaths, certify to official acts, and
4 to issue subpoenas for the attendance of witnesses and the production of
5 papers, books, accounts, documents and testimony. The board may, if a witness
6 refuses to attend or testify, or to produce any papers required by such sub-
7 poenas, report to the district court in and for the county in which the pro-
8 ceeding is pending, by petition, setting forth that due notice has been given
9 of the time and place of attendance of said witnesses, or the production of
10 said papers, that the witness has been properly summoned, and that the witness
11 has failed and refused to attend or produce the papers required by this sub-
12 poena before the board, or has refused to answer questions propounded to him
13 in the course of said proceedings, and ask an order of said court compelling
14 the witness to attend and testify and produce said papers before the board.
15 The court, upon the petition of the board, shall enter an order directing the
16 witness to appear before the court at a time and place to be fixed by the
17 court in such order, the time to be not more than ten (10) days from the date
18 of the order, and then and there shall show cause why he has not attended and
19 testified or produced said papers before the board. A copy of said order shall
20 be served upon said witness. If it shall appear to the court that said sub-
21 poena was regularly issued by the board and regularly served, the court shall
22 thereupon order that said witness appear before the board at the time and
23 place fixed in said order, and testify or produce the required papers. Upon
24 failure to obey said order, said witness shall be dealt with for contempt of
25 court.
26 (5) The director, his designee, or any party to the action may, in an
27 investigation or hearing before the board, cause the deposition or interroga-
28 tory of witnesses or parties residing within or without the state, to be taken
29 in the manner prescribed by law for like depositions and interrogatories in
30 civil actions in the district court of this state, and to that end may compel
31 the attendance of said witnesses and production of books, documents, papers
32 and accounts.
33 (6) Any person aggrieved by an action or inaction of the department of
34 health and welfare shall be afforded an opportunity for a fair hearing upon
35 request therefor in writing pursuant to chapter 52, title 67, Idaho Code, and
36 the rules promulgated thereunder. In those cases where the board has been
37 granted the authority to hold such a hearing pursuant to a provision of the
38 Idaho Code, the hearing may be conducted by the board at a regular or special
39 meeting, or the board may designate hearing officers, who shall have the power
40 and authority to conduct hearings in the name of the board at any time and
41 place. In any hearing, a member of the board or hearing officer designated by
42 it, shall have the power to administer oaths, examine witnesses, and issue in
43 the name of the board subpoenas requiring the testimony of witnesses and the
44 production of evidence relevant to any matter in the hearing.
45 (7) Any person adversely affected by a final determination of the board,
46 may secure judicial review by filing a petition for review as prescribed under
47 the provisions of chapter 52, title 67, Idaho Code. The petition for review
48 shall be served upon the chairman of the board, the director of the depart-
49 ment, and upon the attorney general of the state of Idaho. Such service shall
50 be jurisdictional and the provisions of this section shall be the exclusive
51 procedure for appeal.
52 (8) The board, by the affirmative vote of five (5) of its members, may
53 adopt, amend or repeal the rules, codes, and standards of the department, that
54 are necessary and feasible in order to carry out its duties and responsibili-
55 ties and to enforce the laws of this state.
3
1 The rules and orders so adopted and established shall have the force and
2 effect of law and may deal with any matters deemed necessary and feasible for
3 protecting the health of the state.
4 (9) All rulemaking proceedings and hearings of the board shall be gov-
5 erned by the provisions of chapter 52, title 67, Idaho Code.
6 (10) In addition to any other powers and duties granted to the board under
7 law, the board shall:
8 (a) Advise the director and the governor on department fiscal, policy and
9 administrative matters;
10 (b) Review and advise the director regarding the department's strategic
11 plan and performance measures;
12 (c) Develop goals and standards to measure department efficiency and
13 effectiveness; and
14 (d) Review and advise the director and the governor on department
15 initiatives.
16 (11) The board shall provide an annual report to the governor and to the
17 legislature prior to the start of each legislative session, addressing:
18 (a) The key department fiscal and policy issues;
19 (b) The department's managerial and overall performance; and
20 (c) The major proposed and ongoing departmental initiatives.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
Moved by Luker
Seconded by Rusche
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO S.B. NO. 1175
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, delete lines 42 and 43; and on page 2,
3 delete line 1.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1175, As Amended in the House
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE BOARD OF HEALTH AND WELFARE; AMENDING SECTION 56-1005, IDAHO
3 CODE, TO REVISE THE COMPENSATION OF THE MEMBERS OF THE BOARD OF HEALTH AND
4 WELFARE.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 56-1005, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 56-1005. BOARD -- COMPOSITION -- OFFICERS -- COMPENSATION -- POWERS --
9 SUBPOENA -- DEPOSITIONS -- REVIEW -- RULES. (1) The board of health and wel-
10 fare shall consist of eleven (11) members, seven (7) members of which shall be
11 appointed by the governor, with the advice and consent of the senate. The mem-
12 bers appointed by the governor may be removed by the governor for cause. Each
13 member of the board appointed by the governor shall be a citizen of the United
14 States, a resident of the state of Idaho, and a qualified elector. Not more
15 than four (4) members of the board appointed by the governor shall be from any
16 one (1) political party. Of the members of the board appointed by the gover-
17 nor, four (4) members shall be chosen with due regard to their knowledge and
18 interest in health and social services, two (2) members shall be chosen based
19 on their experience in business or finance, and one (1) member shall be
20 selected as a representative of the public at large. The other four (4) mem-
21 bers of the board shall be:
22 (a) The chairperson of the senate health and welfare committee, or the
23 chair's designee;
24 (b) The chairperson of the house of representatives health and welfare
25 committee, or the chair's designee;
26 (c) The director of the department of health and welfare, who shall serve
27 as the board's secretary and as a nonvoting member; and
28 (d) A representative of the office of the governor, as designated by the
29 governor, who shall serve as a nonvoting member.
30 (2) The members of the board of health and welfare appointed by the gov-
31 ernor, serving on the effective date of this act shall continue in office as
32 members of the board of health and welfare. All members of the board of health
33 and welfare appointed by the governor shall serve four (4) year terms.
34 (3) The board annually shall elect a chairman and a vice chairman, and
35 shall hold meetings no less than once every two (2) months. Special meetings
36 of the board may be called by the chairman of the board, by a majority of the
37 voting members of the board or, on written request, by the director of the
38 department of health and welfare. Five (5) members shall be necessary to con-
39 stitute a quorum at any regular or special meeting and the action of the
40 majority of members present shall be the action of the board. The members of
41 the board shall be compensated as provided in section 59-509(hp), Idaho Code.
42 (4) The board, in furtherance of its duties under law and under its
43 rules, shall have the power to administer oaths, certify to official acts, and
2
1 to issue subpoenas for the attendance of witnesses and the production of
2 papers, books, accounts, documents and testimony. The board may, if a witness
3 refuses to attend or testify, or to produce any papers required by such sub-
4 poenas, report to the district court in and for the county in which the pro-
5 ceeding is pending, by petition, setting forth that due notice has been given
6 of the time and place of attendance of said witnesses, or the production of
7 said papers, that the witness has been properly summoned, and that the witness
8 has failed and refused to attend or produce the papers required by this sub-
9 poena before the board, or has refused to answer questions propounded to him
10 in the course of said proceedings, and ask an order of said court compelling
11 the witness to attend and testify and produce said papers before the board.
12 The court, upon the petition of the board, shall enter an order directing the
13 witness to appear before the court at a time and place to be fixed by the
14 court in such order, the time to be not more than ten (10) days from the date
15 of the order, and then and there shall show cause why he has not attended and
16 testified or produced said papers before the board. A copy of said order shall
17 be served upon said witness. If it shall appear to the court that said sub-
18 poena was regularly issued by the board and regularly served, the court shall
19 thereupon order that said witness appear before the board at the time and
20 place fixed in said order, and testify or produce the required papers. Upon
21 failure to obey said order, said witness shall be dealt with for contempt of
22 court.
23 (5) The director, his designee, or any party to the action may, in an
24 investigation or hearing before the board, cause the deposition or interroga-
25 tory of witnesses or parties residing within or without the state, to be taken
26 in the manner prescribed by law for like depositions and interrogatories in
27 civil actions in the district court of this state, and to that end may compel
28 the attendance of said witnesses and production of books, documents, papers
29 and accounts.
30 (6) Any person aggrieved by an action or inaction of the department of
31 health and welfare shall be afforded an opportunity for a fair hearing upon
32 request therefor in writing pursuant to chapter 52, title 67, Idaho Code, and
33 the rules promulgated thereunder. In those cases where the board has been
34 granted the authority to hold such a hearing pursuant to a provision of the
35 Idaho Code, the hearing may be conducted by the board at a regular or special
36 meeting, or the board may designate hearing officers, who shall have the power
37 and authority to conduct hearings in the name of the board at any time and
38 place. In any hearing, a member of the board or hearing officer designated by
39 it, shall have the power to administer oaths, examine witnesses, and issue in
40 the name of the board subpoenas requiring the testimony of witnesses and the
41 production of evidence relevant to any matter in the hearing.
42 (7) Any person adversely affected by a final determination of the board,
43 may secure judicial review by filing a petition for review as prescribed under
44 the provisions of chapter 52, title 67, Idaho Code. The petition for review
45 shall be served upon the chairman of the board, the director of the depart-
46 ment, and upon the attorney general of the state of Idaho. Such service shall
47 be jurisdictional and the provisions of this section shall be the exclusive
48 procedure for appeal.
49 (8) The board, by the affirmative vote of five (5) of its members, may
50 adopt, amend or repeal the rules, codes, and standards of the department, that
51 are necessary and feasible in order to carry out its duties and responsibili-
52 ties and to enforce the laws of this state.
53 The rules and orders so adopted and established shall have the force and
54 effect of law and may deal with any matters deemed necessary and feasible for
55 protecting the health of the state.
3
1 (9) All rulemaking proceedings and hearings of the board shall be gov-
2 erned by the provisions of chapter 52, title 67, Idaho Code.
3 (10) In addition to any other powers and duties granted to the board under
4 law, the board shall:
5 (a) Advise the director and the governor on department fiscal, policy and
6 administrative matters;
7 (b) Review and advise the director regarding the department's strategic
8 plan and performance measures;
9 (c) Develop goals and standards to measure department efficiency and
10 effectiveness; and
11 (d) Review and advise the director and the governor on department
12 initiatives.
13 (11) The board shall provide an annual report to the governor and to the
14 legislature prior to the start of each legislative session, addressing:
15 (a) The key department fiscal and policy issues;
16 (b) The department's managerial and overall performance; and
17 (c) The major proposed and ongoing departmental initiatives.
REVISED *** REVISED *** REVISED *** REVISED *** REVISED
STATEMENT OF PURPOSE
RS 17081
This legislation increases the honorarium provided to members of
the Idaho Board of Health and Welfare. This legislation raises
the honorarium to $100 per day when the board meets.
FISCAL NOTE
This change will increase total annual compensation for members
of the Idaho Board of Health and Welfare by a maximum of $6,300.
The actual increase may be smaller. There is no impact to the
state General Fund. The increased cost will be absorbed in the
Department's appropriation under Indirect Support.
Idaho Department of Health and Welfare
Board Compensation Changes
Idaho Code
59-509(h) 59-509(p)
Honorarium $50.00 $100.00
Payroll Tax $11.00 $11.00
Note: Honorarium under 59-509(p) is not subject to PERSI
Cost Per Day $61.00 $111.00
Three Days Per Meeting x3 x3
Note: One day of meeting prep and two days of actual meetings
$183.00 $333.00
Six Meetings Annually x6 x6
$1,098.00 $1,998.00
Seven Board Members x7 x7
$7,686.00 $13,986.00
Maximum Cost Increase $6,300.00
On average, only five board members attend each meeting so the actual
projected cost increase is $4,500.00
Contact
Name: Senator Patti Anne Lodge
Phone: 208-332-1319
Name: Bill Walker, Department of Health and Welfare
Phone: 208-334-5506
STATEMENT OF PURPOSE/FISCAL NOTES S 1175
REVISED *** REVISED *** REVISED *** REVISED *** REVISE