2007 Legislation
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SENATE BILL NO. 1175 – H&W Bd members, compensation

SENATE BILL NO. 1175

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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.

Amendment


                                                                        
                                                                        
  ]]]]              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.

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              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.

Statement of Purpose / Fiscal Impact


    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