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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 - 2007IN 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 - 2007Moved 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 - 2007IN 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