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S1338......................................................by STATE AFFAIRS
CODIFIER CORRECTIONS - Amends and adds to existing law to "clean up"
various code sections and subsections by renumbering those code sections or
subsections that were redesignated by the compiler of the Idaho Code as a
result of multiple amendments to code sections prior to the 2008
legislative session; and to correct typographical errors.
01/23 Senate intro - 1st rdg - to printing
01/24 Rpt prt - to St Aff
01/30 Rpt out - rec d/p - to 2nd rdg
01/31 2nd rdg - to 3rd rdg
02/04 3rd rdg - PASSED - 34-0-1
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(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett(Thorson), Werk
NAYS -- None
Absent and excused -- Siddoway
Floor Sponsor - McKenzie
Title apvd - to House
02/05 House intro - 1st rdg - to St Aff
02/07 Rpt out - rec d/p - to 2nd rdg
02/08 2nd rdg - to 3rd rdg
02/13 3rd rdg - PASSED - 69-0-1
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
Raybould, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer,
Shepherd(02), Shepherd(08), Shirley, Shively, Smith(30), Smith(24),
Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills,
Wood(27), Wood(35)
NAYS -- None
Absent and excused -- Mr. Speaker
Floor Sponsor - Pasley-Stuart
Title apvd - to Senate
02/14 To enrol
02/15 Rpt enrol - Pres signed
02/18 Sp signed
02/19 To Governor
02/21 Governor signed
Session Law Chapter 27
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1338 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO CODIFIER'S CORRECTIONS IN STATUTES; AMENDING CHAPTER 16, TITLE 6, 3 IDAHO CODE, BY THE ADDITION OF A NEW HEADING FOR CHAPTER 16, TITLE 6, 4 IDAHO CODE; AMENDING SECTION 9-335, IDAHO CODE, TO MAKE TECHNICAL CORREC- 5 TIONS; AMENDING SECTION 9-340D, IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS; 6 AMENDING SECTION 15-5-405, IDAHO CODE, TO DELETE VERBIAGE; AMENDING SEC- 7 TION 18-8105, IDAHO CODE, TO PROVIDE DESCRIPTIVE LANGUAGE; AMENDING THE 8 HEADING FOR CHAPTER 24, TITLE 28, IDAHO CODE; AMENDING SECTION 31-2202, 9 IDAHO CODE, TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 33-1002, 10 IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 33-2106, IDAHO 11 CODE, TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 46-206, IDAHO CODE, 12 TO REVISE DESCRIPTIVE LANGUAGE; AMENDING SECTION 49-2902, IDAHO CODE, TO 13 MAKE TECHNICAL CORRECTIONS AND TO PROVIDE REFERENCE TO THE DEPARTMENT OF 14 COMMERCE; AMENDING SECTION 49-2903, IDAHO CODE, TO MAKE A TECHNICAL COR- 15 RECTION; AMENDING SECTION 49-2905, IDAHO CODE, TO MAKE A TECHNICAL CORREC- 16 TION; AMENDING SECTION 58-304, IDAHO CODE, TO MAKE A TECHNICAL CORRECTION; 17 AMENDING CHAPTER 13, TITLE 58, IDAHO CODE, BY THE ADDITION OF A NEW HEAD- 18 ING FOR CHAPTER 13, TITLE 58, IDAHO CODE; AMENDING SECTION 59-1356, IDAHO 19 CODE, TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 67-2601, IDAHO CODE, 20 TO MAKE TECHNICAL CORRECTIONS AND TO PROVIDE REFERENCE TO MODULAR BUILD- 21 INGS; AMENDING SECTION 67-4727, IDAHO CODE, TO PROVIDE REFERENCE TO THE 22 DEPARTMENT OF LABOR; AND AMENDING SECTION 67-7903, IDAHO CODE, TO PROVIDE 23 REFERENCE TO THE DEPARTMENT OF LABOR. 24 Be It Enacted by the Legislature of the State of Idaho: 25 SECTION 1. That Chapter 16, Title 6, Idaho Code, be, and the same is 26 hereby amended by the addition thereto of a NEW HEADING, to be known and des- 27 ignated as the Heading for Chapter 16, Title 6, Idaho Code, be, and read as 28 follows: 29 CHAPTER 16 30 PERIODIC PAYMENT OF JUDGMENTS -- LIMITATION 31 ON CERTAIN TORT DAMAGES AND LIABILITIES 32 SECTION 2. That Section 9-335, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 9-335. EXEMPTIONS FROM DISCLOSURE -- CONFIDENTIALITY. (1) Notwithstanding 35 any statute or rule of court to the contrary, nothing in this chapter nor 36 chapter 10, title 59, Idaho Code, shall be construed to require disclosure of 37 investigatory records compiled for law enforcement purposes by a law enforce- 38 ment agency, but such exemption from disclosure applies only to the extent 39 that the production of such records would: 40 (a) Interfere with enforcement proceedings; 41 (b) Deprive a person of a right to a fair trial or an impartial adjudica- 2 1 tion; 2 (c) Constitute an unwarranted invasion of personal privacy; 3 (d) Disclose the identity of a confidential source and, in the case of a 4 record compiled by a criminal law enforcement agency in the course of a 5 criminal investigation, confidential information furnished only by the 6 confidential source; 7 (e) Disclose investigative techniques and procedures; or 8 (f) Endanger the life or physical safety of law enforcement personnel. 9 (2) Notwithstanding subsection (1) of this section, any person involved 10 in a motor vehicle collision which is investigated by a law enforcement 11 agency, that person's authorized legal representative and the insurer shall 12 have a right to a complete, unaltered copy of the impact report, or its suc- 13 cessors, and the final report prepared by the agency. 14 (3) An inactive investigatory record shall be disclosed unless the dis- 15 closure would violate the provisions of subsection (1)(a) through (f) of this 16 section. Investigatory record as used herein means information with respect to 17 an identifiable person or group of persons compiled by a law enforcement 18 agency in the course of conducting an investigation of a specific act or omis- 19 sion and shall not include the following information: 20 (a) The time, date, location, and nature and description of a reported 21 crime, accident or incident; 22 (b) The name, sex, age, and address of a person arrested, except as 23 otherwise provided by law; 24 (c) The time, date, and location of the incident and of the arrest; 25 (d) The crime charged; 26 (e) Documents given or required by law to be given to the person 27 arrested; 28 (f) Informations and indictments except as otherwise provided by law; and 29 (g) Criminal history reports. 30 As used herein, the term "law enforcement agency" means the office of the 31 attorney general, the office of the state controller, the Idaho state police, 32 the office of any prosecuting attorney, sheriff or municipal police depart- 33 ment. 34 (34) Whenever it is made to appear by verified petition to the district 35 court of the county where the records or some part thereof are situated that 36 certain investigative records are being improperly withheld from a member of 37 the public, the court shall order the officer or person charged with withhold- 38 ing the records to disclose the investigative record or show cause why he 39 should not do so. The court shall decide the case after examining the record 40 in camera, papers filed by the parties, and such oral argument and additional 41 evidence as the court may allow. 42 If the court finds that the public official's decision to refuse disclo- 43 sure is not justified, he shall order the public officialsto make the record 44 public. If the judge determines that the public official was justified in 45 refusing to make the record public, he shall return the item to the public 46 official without disclosing its content with an order supporting the decision 47 refusing disclosure. Any person who fails to obey the order of the court shall 48 be cited to show cause why he is not in contempt of court. The court may, in 49 its discretion, award costs and fees to the prevailing party. 50 SECTION 3. That Section 9-340D, Idaho Code, be, and the same is hereby 51 amended to read as follows: 52 9-340D. RECORDS EXEMPT FROM DISCLOSURE -- TRADE SECRETS, PRODUCTION 53 RECORDS, APPRAISALS, BIDS, PROPRIETARY INFORMATION. The following records are 3 1 exempt from disclosure: 2 (1) Trade secrets including those contained in response to public agency 3 or independent public body corporate and politic requests for proposal, 4 requests for clarification, requests for information and similar requests. 5 "Trade secrets" as used in this section means information, including a for- 6 mula, pattern, compilation, program, computer program, device, method, tech- 7 nique, process, or unpublished or in progress research that: 8 (a) Derives independent economic value, actual or potential, from not 9 being generally known to, and not being readily ascertainable by proper 10 means by other persons who can obtain economic value from its disclosure 11 or use; and 12 (b) Is the subject of efforts that are reasonable under the circumstances 13 to maintain its secrecy. 14 (2) Production records, housing production, rental and financing records, 15 sale or purchase records, catch records, mortgage portfolio loan documents, or 16 similar business records of a private concern or enterprise required by law to 17 be submitted to or inspected by a public agency or submitted to or otherwise 18 obtained by an independent public body corporate and politic. Nothing in this 19 subsection shall limit the use which can be made of such information for regu- 20 latory purposes or its admissibility in any enforcement proceeding. 21 (3) Records relating to the appraisal of real property, timber or mineral 22 rights prior to its acquisition, sale or lease by a public agency or indepen- 23 dent public body corporate and politic. 24 (4) Any estimate prepared by a public agency or independent public body 25 corporate and politic that details the cost of a public project until such 26 time as disclosed or bids are opened, or upon award of the contract for con- 27 struction of the public project. 28 (5) Examination, operating or condition reports and all documents relat- 29 ing thereto, prepared by or supplied to any public agency or independent pub- 30 lic body corporate and politic responsible for the regulation or supervision 31 of financial institutions including, but not limited to, banks, savings and 32 loan associations, regulated lenders, business and industrial development cor- 33 porations, credit unions, and insurance companies, or for the regulation or 34 supervision of the issuance of securities. 35 (6) Records gathered by a local agency or the Idaho department of com- 36 merce, as described in chapter 47, title 67, Idaho Code, for the specific pur- 37 pose of assisting a person to locate, maintain, invest in, or expand business 38 operations in the state of Idaho. 39 (7) Shipping and marketing records of commodity commissions used to eval- 40 uate marketing and advertising strategies and the names and addresses of grow- 41 ers and shippers maintained by commodity commissions. 42 (8) Financial statements and business information and reports submitted 43 by a legal entity to a port district organized under title 70, Idaho Code, in 44 connection with a business agreement, or with a development proposal or with a 45 financing application for any industrial, manufacturing, or other business 46 activity within a port district. 47 (9) Names and addresses of seed companies, seed crop growers, seed crop 48 consignees, locations of seed crop fields, variety name and acreage by vari- 49 ety. Upon the request of the owner of the proprietary variety, this informa- 50 tion shall be released to the owner. Provided however, that if a seed crop has 51 been identified as diseased or has been otherwise identified by the Idaho 52 department of agriculture, other state departments of agriculture, or the 53 United States department of agriculture to represent a threat to that particu- 54 lar seed or commercial crop industry or to individual growers, information as 55 to test results, location, acreage involved and disease symptoms of that par- 4 1 ticular seed crop, for that growing season, shall be available for public 2 inspection and copying. This exemption shall not supersede the provisions of 3 section 22-436, Idaho Code. 4 (10) Information obtained from books, records and accounts required in 5 chapter 47, title 22, Idaho Code, to be maintained by the Idaho oilseed com- 6 mission and pertaining to the individual production records of oilseed grow- 7 ers. 8 (11) Records of any risk retention or self-insurance program prepared in 9 anticipation of litigation or for analysis of or settlement of potential or 10 actual money damage claims against a public entity and its employees or 11 against the industrial special indemnity fund except as otherwise discoverable 12 under the Idaho or federal rules of civil procedure. These records shall 13 include, but are not limited to, claims evaluations, investigatory records, 14 computerized reports of losses, case reserves, internal documents and corre- 15 spondence relating thereto. At the time any claim is concluded, only statisti- 16 cal data and actual amounts paid in settlement shall be deemed a public record 17 unless otherwise ordered to be sealed by a court of competent jurisdiction. 18 Provided however, nothing in this subsection is intended to limit the attorney 19 client privilege or attorney work product privilege otherwise available to any 20 public agency or independent public body corporate and politic. 21 (12) Records of laboratory test results provided by or retained by the 22 Idaho food quality assurance laboratory. Nothing in this subsection shall 23 limit the use which can be made, or availability of such information if used, 24 for regulatory purposes or its admissibility in any enforcement proceeding. 25 (13) Reports required to be filed under chapter 13, title 62, Idaho Code, 26 identifying electrical or natural or manufactured gas consumption data for an 27 individual customer or account. 28 (14) Voluntarily prepared environmental audits, and voluntary disclosures 29 of information submitted on or before December 31, 1997, to an environmental 30 agency as defined in section 9-803, Idaho Code, which are claimed to be confi- 31 dential business information. 32 (15) Computer programs developed or purchased by or for any public agency 33 or independent public body corporate and politic for its own use. As used in 34 this subsection, "computer program" means a series of instructions or state- 35 ments which permit the functioning of a computer system in a manner designed 36 to provide storage, retrieval and manipulation of data from the computer sys- 37 tem, and any associated documentation and source material that explain how to 38 operate the computer program. Computer program does not include: 39 (a) The original data including, but not limited to, numbers, text, 40 voice, graphics and images; 41 (b) Analysis, compilation and other manipulated forms of the original 42 data produced by use of the program; or 43 (c) The mathematical or statistical formulas that would be used if the 44 manipulated forms of the original data were to be produced manually. 45 (16) Active investigative records and trademark usage audits of the Idaho 46 potato commission specifically relating to the enforcement of chapter 12, 47 title 22, Idaho Code, until the commencement of formal proceedings as provided 48 by rules of the commission; purchase and sales information submitted to the 49 Idaho potato commission during a trademark usage audit, and investigation or 50 enforcement proceedings. Inactive investigatory records shall be disclosed 51 unless the disclosure would violate the standards set forth in subsections 52 (1)(a) through (f) of section 9-335, Idaho Code. Nothing in this subsection 53 shall limit the use which can be made, or availability of such information if 54 used, for regulatory purposes or its admissibility in any enforcement proceed- 55 ing. 5 1 (17) All records copied or obtained by the director of the department of 2 agriculture or his designee as a result of an inspection pursuant to section 3 25-3806, Idaho Code, except: 4 (a) Records otherwise deemed to be public records not exempt from disclo- 5 sure pursuant to this chapter; and 6 (b) Inspection reports, determinations of compliance or noncompliance and 7 all other records created by the director or his designee pursuant to sec- 8 tion 25-3806, Idaho Code. 9 (18) All data and information collected by the division of animal indus- 10 tries or the state brand board pursuant to the provisions of section 25-207B, 11 Idaho Code, or rules promulgated thereunder. 12 (19) Records disclosed to a county official by the state tax commission 13 pursuant to subsection (4)(c) of section 63-3029B, Idaho Code. 14 (20) Records, data, information and materials collected, developed, gener- 15 ated, ascertained or discovered during the course of academic research at pub- 16 lic institutions of higher education if the disclosure of such could reason- 17 ably affect the conduct or outcome of the research, or the ability of the pub- 18 lic institution of higher education to patent or copyright the research or 19 protect intellectual property. 20 (21) Records, data, information and materials collected or utilized during 21 the course of academic research at public institutions of higher education 22 provided by any person or entity other than the public institution of higher 23 education or a public agency. 24 (22) The exemptions from disclosure provided in subsections (20) and (21) 25 of this section shall apply only until the academic research is publicly 26 released, copyrighted or patented, or until the academic research is completed 27 or terminated. At such time, the records, data, information, and materials 28 shall be subject to public disclosure unless: (a) another exemption in this 29 chapter applies; (b) such information was provided to the institution subject 30 to a written agreement of confidentiality; or (c) public disclosure would pose 31 a danger to persons or property. 32 (23) The exemptions from disclosure provided in subsections (20) and (21) 33 of this section do not include basic information about a particular research 34 project that is otherwise subject to public disclosure, such as the nature of 35 the academic research, the name of the researcher, and the amount and source 36 of the funding provided for the project. 37 (24) Records of a county assessor containing information showing the 38 income and expenses of a taxpayer, which information was provided to the 39 assessor by the taxpayer to permit the assessor to determine the value of 40 property of the taxpayer. 41 (25) Results of laboratory tests which have no known adverse impacts to 42 human health conducted by the Idaho state department of agriculture animal 43 health laboratory, related to diagnosis of animal diseases of individual ani- 44 mals or herds, on samples submitted by veterinarians or animal owners unless: 45 (a) The laboratory test results indicate the presence of a state or fed- 46 erally reportable or regulated disease in animals; 47 (b) The release of the test results is required by state or federal law; 48 or 49 (c) The test result is identified as representing a threat to animal or 50 human health or to the livestock industry by the Idaho state department of 51 agriculture or the United States department of agriculture. Nothing in 52 this subsection shall limit the use which can be made, or availability of 53 such information if used, for regulatory purposes or its admissibility in 54 any enforcement proceeding, or the duty of any person to report contagious 55 or infectious diseases as required by state or federal law. 6 1 (256) Results of laboratory tests conducted by the Idaho state department 2 of agriculture seed laboratory on samples submitted by seed producers or seed 3 companies. Nothing in this subsection shall limit the use which can be made, 4 or availability of such information pursuant to the provisions of subsections 5 (9) and (10) of section 22-418, Idaho Code. 6 (257) For policies that are owned by private persons, and not by a public 7 agency of the state of Idaho, records of policies, endorsements, affidavits 8 and any records that discuss policies, endorsements and affidavits that may be 9 required to be filed with or by a surplus line association pursuant to chapter 10 12, title 41, Idaho Code. 11 SECTION 4. That Section 15-5-405, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 15-5-405. NOTICE.1 and , Idaho C 2 , Idaho Code, 1 , Idaho COn a peti- 14 tion for appointment of a conservator or other protective order, notice shall 15 be given in accordance with section 15-5-309, Idaho Code. 16 SECTION 5. That Section 18-8105, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 18-8105. SEVERABILITY. The provisions of this act are hereby declared to 19 be severable and if any provision of this act or the application of such pro- 20 vision to any person or circumstance is declared invalid for any reason, such 21 declaration shall not affect the validity of remaining portions of this act. 22 SECTION 6. That the Heading for Chapter 24, Title 28, Idaho Code, be, and 23 the same is hereby amended to read as follows: 24 CHAPTER 24 25 SUPPLIERS AND DEALERS IN AGRICULTURE EQUIPMENT 26 SECTION 7. That Section 31-2202, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 31-2202. DUTIES OF SHERIFF. The policy of the state of Idaho is that the 29 primary duty of enforcing all penal provisions and statutes of the state is 30 vested with the sheriff of each county as provided in section 31-2227, Idaho 31 Code. The sheriff shall perform the following: 32 (1) Preserve the peace. 33 (2) Arrest and take before the nearest magistrate for examination all 34 persons who attempt to commit or who have committed a public offense, unless 35 otherwise provided by law. 36 (3) Prevent and suppress all affrays, breaches of the peace, riots and 37 insurrections which may come to his knowledge. 38 (4) Attend all courts, including magistrate's division of the district 39 court when ordered by a district judge, at their respective terms held within 40 his county, and obey the lawful orders and directions of the courts. 41 (5) Command the aid of as many inhabitants of the county as he may think 42 necessary in the execution of these duties. 43 (6) Take charge of and keep the county jail and the prisoners therein. 44 (7) Indorse upon all process and notices the year, month, day, hour and 45 minute of reception, and issue therefor to the person delivering it, on pay- 46 ment of fees, a certificate showing the names of the parties, title of paper 47 and time of reception. 7 1 (8) Serve all process and notices in the manner prescribed by law. 2 (9) Certify under his hand upon process or notices the manner and time of 3 service, or, if he fails to make service, the reasons of his failure, and 4 return the same without delay. 5 (10) Perform such other duties as are required of him by law. 6 (11) Keep a record of all stolen cars reported within his county, which 7 record shall contain the name of the motor vehicle, the engine number thereof, 8 a complete description of such vehicle and such other information as may aid 9 in the identification of the stolen car. Such record shall be open to public 10 inspection during office hours, and immediately upon receiving a report of a 11 stolen car the sheriff shall prepare and forward a copy thereof to the direc- 12 tor of the Idaho state police and he shall also notify the director of the 13 Idaho state police of any and all cars recovered. 14 (12) At the specific request of the governor or his designated agent pre- 15 vent the unauthorized importation of wild omnivores or carnivores capable of 16 causing injury to people or their property. 17 (13.) Work in his county with the Idaho state police in the following 18 respects: 19 (a) Require all persons using the highways in the state to do so care- 20 fully, safely and with exercise of care for the persons, property and 21 safety of others; 22 (b) Safeguard and protect the surface and other physical portions of the 23 state highways; 24 (c) Enforce all of the laws of the state enacted for the identification, 25 inspection and transportation of livestock and all laws of the state 26 designed to prevent the theft of livestock; 27 (d) Regulate traffic on all highways and roads in the state; and respond 28 to calls following wrecks and make investigations relative thereto; 29 (e) Use whatever force is necessary to protect the public from wild or 30 domestic omnivores or carnivores in a manner that is consistent with 50 31 C.F.R. section 17.84(i). 32 (14) Work in his county with the Idaho transportation department to give 33 examinations for and sell drivers' licenses and identification cards. 34 (15) Expeditiously and promptly investigate all cases involving missing 35 children when such cases are reported to him. 36 SECTION 8. That Section 33-1002, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 33-1002. EDUCATIONAL SUPPORT PROGRAM. The educational support program is 39 calculated as follows: 40 (1) State Educational Support Funds. Add the state appropriation, includ- 41 ing the moneys available in the public school income fund, together with all 42 miscellaneous revenues to determine the total state funds. 43 (2) From the total state funds subtract the following amounts needed for 44 state support of special programs provided by a school district: 45 (a) Pupil tuition-equivalency allowances as provided in section 33-1002B, 46 Idaho Code; 47 (b) Transportation support program as provided in section 33-1006, Idaho 48 Code; 49 (c) Feasibility studies allowance as provided in section 33-1007A, Idaho 50 Code; 51 (d) The approved costs for border district allowance, provided in section 52 33-1403, Idaho Code, as determined by the state superintendent of public 53 instruction; 8 1 (e) The approved costs for exceptional child approved contract allowance, 2 provided in subsection 2. of section 33-2004, Idaho Code, as determined by 3 the state superintendent of public instruction; 4 (f) Certain expectant and delivered mothers allowance as provided in sec- 5 tion 33-2006, Idaho Code; 6 (g) Salary-based apportionment calculated as provided in sections 33-1004 7 through 33-1004F, Idaho Code; 8 (h) Unemployment insurance benefit payments according to the provisions 9 of section 72-1349A, Idaho Code; 10 (i) For expenditure as provided by the public school technology program; 11 (j) For employee severance payments as provided in section 33-521, Idaho 12 Code; 13 (k) For distributions to the Idaho digital learning academy as provided 14 in section 33-1020, Idaho Code; 15 (kl) For the support of provisions that provide a safe environment condu- 16 cive to student learning and maintain classroom discipline, an allocation 17 of $300 per support unit; and 18 (lm) Any additional amounts as required by statute to effect administra- 19 tive adjustments or as specifically required by the provisions of any bill 20 of appropriation; 21 to secure the total educational support distribution funds. 22 (3) Average Daily Attendance. The total state average daily attendance 23 shall be the sum of the average daily attendance of all of the school dis- 24 tricts of the state. The state board of education shall establish rules set- 25 ting forth the procedure to determine average daily attendance and the time 26 for, and method of, submission of such report. Average daily attendance calcu- 27 lation shall be carried out to the nearest hundredth. Computation of average 28 daily attendance shall also be governed by the provisions of section 33-1003A, 29 Idaho Code. 30 (4) Support Units. The total state support units shall be determined by 31 using the tables set out hereafter called computation of kindergarten support 32 units, computation of elementary support units, computation of secondary sup- 33 port units, computation of exceptional education support units, and computa- 34 tion of alternative school secondary support units. The sum of all of the 35 total support units of all school districts of the state shall be the total 36 state support units. 37 COMPUTATION OF KINDERGARTEN SUPPORT UNITS 38 Average Daily 39 Attendance Attendance Divisor Units Allowed 40 41 or more .... 40....................... 1 or more as computed 41 31 - 40.99 ADA.... -....................... 1 42 26 - 30.99 ADA.... -....................... .85 43 21 - 25.99 ADA.... -....................... .75 44 16 - 20.99 ADA.... -....................... .6 45 8 - 15.99 ADA.... -....................... .5 46 1 - 7.99 ADA.... -....................... count as elementary 9 1 COMPUTATION OF ELEMENTARY SUPPORT UNITS 2 Average Daily 3 Attendance Attendance Divisor Minimum Units Allowed 4 300 or more ADA........................................ 15 5 ..23...grades 4,5 & 6.... 6 ..22...grades 1,2 & 3....1994-95 7 ..21...grades 1,2 & 3....1995-96 8 ..20...grades 1,2 & 3....1996-97 9 and each year thereafter. 10 160 to 299.99 ADA... 20..................... 8.4 11 110 to 159.99 ADA... 19..................... 6.8 12 71.1 to 109.99 ADA... 16..................... 4.7 13 51.7 to 71.0 ADA... 15..................... 4.0 14 33.6 to 51.6 ADA... 13..................... 2.8 15 16.6 to 33.5 ADA... 12..................... 1.4 16 1.0 to 16.5 ADA... n/a.................... 1.0 17 COMPUTATION OF SECONDARY SUPPORT UNITS 18 Average Daily 19 Attendance Attendance Divisor Minimum Units Allowed 20 750 or more .... 18.5..................... 47 21 400 - 749.99 ADA.... 16....................... 28 22 300 - 399.99 ADA.... 14.5..................... 22 23 200 - 299.99 ADA.... 13.5..................... 17 24 100 - 199.99 ADA.... 12....................... 9 25 99.99 or fewer Units allowed as follows: 26 Grades 7-12 ......................... 8 27 Grades 9-12 ......................... 6 28 Grades 7- 9 ......................... 1 per 14 ADA 29 Grades 7- 8 ......................... 1 per 16 ADA 30 COMPUTATION OF EXCEPTIONAL EDUCATION SUPPORT UNITS 31 Average Daily 32 Attendance Attendance Divisor Minimum Units Allowed 33 14 or more .... 14.5..................... 1 or more as computed 34 12 - 13.99.... -....................... 1 35 8 - 11.99.... -....................... .75 36 4 - 7.99.... -....................... .5 37 1 - 3.99.... -....................... .25 38 COMPUTATION OF ALTERNATIVE SCHOOL SECONDARY SUPPORT UNITS 39 Pupils in Attendance Attendance Divisor Minimum Units Allowed 40 12 or more.......... 12...................... 1 or more as computed 41 In applying these tables to any given separate attendance unit, no school 42 district shall receive less total money than it would receive if it had a 43 lesser average daily attendance in such separate attendance unit. In applying 44 the kindergarten table to a kindergarten program of less days than a full 45 school year, the support unit allowance shall be in ratio to the number of 46 days of a full school year. The tables for exceptional education and alterna- 47 tive school secondary support units shall be applicable only for programs 48 approved by the state department of education following rules established by 49 the state board of education. Moneys generated from computation of support 50 units for alternative schools shall be utilized for alternative school pro- 51 grams. School district administrative and facility costs may be included as 10 1 part of the alternative school expenditures. 2 (5) State Distribution Factor per Support Unit. Divide educational sup- 3 port program distribution funds, after subtracting the amounts necessary to 4 pay the obligations specified in subsection (2) of this section, by the total 5 state support units to secure the state distribution factor per support unit. 6 (6) District Support Units. The number of support units for each school 7 district in the state shall be determined as follows: 8 (a) (i) Divide the actual average daily attendance, excluding students 9 approved for inclusion in the exceptional child educational program, 10 for the administrative schools and each of the separate schools and 11 attendance units by the appropriate divisor from the tables of sup- 12 port units in this section, then add the quotients to obtain the 13 district's support units allowance for regular students, kindergarten 14 through grade 12 including alternative school secondary students. 15 Calculations in application of this subsection shall be carried out 16 to the nearest tenth. 17 (ii) Divide the combined totals of the average daily attendance of 18 all preschool, handicapped, kindergarten, elementary, secondary and 19 juvenile detention center students approved for inclusion in the 20 exceptional child program of the district by the appropriate divisor 21 from the table for computation of exceptional education support units 22 to obtain the number of support units allowed for the district's 23 approved exceptional child program. Calculations for this subsection 24 shall be carried out to the nearest tenth when more than one (1) unit 25 is allowed. 26 (iii) The total number of support units of the district shall be the 27 sum of the total support units for regular students, subsection 28 (6)(a)(i) of this section, and the support units allowance for the 29 approved exceptional child program, subsection (6)(a)(ii) of this 30 section. 31 (b) Total District Allowance Educational Program. Multiply the district's 32 total number of support units, carried out to the nearest tenth, by the 33 state distribution factor per support unit and to this product add the 34 approved amount of programs of the district provided in subsection (2) of 35 this section to secure the district's total allowance for the educational 36 support program. 37 (c) District Share. The district's share of state apportionment is the 38 amount of the total district allowance, subsection (6)(b) of this section. 39 (d) Adjustment of District Share. The contract salary of every noncerti- 40 ficated teacher shall be subtracted from the district's share as calcu- 41 lated from the provisions of subsection (6)(c) of this section. 42 (7) Property Tax Computation Ratio. In order to receive state funds pur- 43 suant to this section a charter district shall utilize a school maintenance 44 and operation property tax computation ratio for the purpose of calculating 45 its maintenance and operation levy, that is no greater than that which it uti- 46 lized in tax year 1994, less four-tenths of one percent (.4%). As used herein, 47 the term "property tax computation ratio" shall mean a ratio determined by 48 dividing the district's certified property tax maintenance and operation bud- 49 get by the actual or adjusted market value for assessment purposes as such 50 values existed on December 31, l993. Such maintenance and operation levy shall 51 be based on the property tax computation ratio multiplied by the actual or 52 adjusted market value for assessment purposes as such values existed on Decem- 53 ber 31 of the prior calendar year. 11 1 SECTION 9. That Section 33-2106, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 33-2106. TRUSTEES OF COMMUNITY COLLEGE DISTRICTS. (1) The board of 4 trustees of each community college district shall consist of five (5) school 5 electors residing in the district who shall be appointed or elected as herein 6 provided. 7 (a) Immediately following the establishment of a community college dis- 8 trict, the state board of education shall appoint the members of the first 9 board, who shall serve until the election and qualification of their suc- 10 cessors. 11 (b) At the first election of trustees after the creation of a district, 12 five (5) trustees shall be elected: two (2) for terms of two (2) years 13 each, and three (3) for terms of four (4) years each. Thereafter the suc- 14 cessors of persons so elected shall be elected for terms of four (4) 15 years. 16 (c) Excluding any first election of trustees after the creation of a dis- 17 trict, at any other election of trustees held in 2008, and in each trustee 18 election thereafter, trustees shall be elected to terms of four (4) years. 19 If more than two (2) trustee positions are eligible for election in 2008, 20 one (1) trustee shall be elected to a term of four (4) years and two (2) 21 trustees shall be elected to a term of six (6) years. Thereafter the suc- 22 cessors of persons so elected in 2008 shall be elected for terms of four 23 (4) years. 24 (d) The expiration of any term shall be at the regular meeting of the 25 trustees next following the election for the successor terms. 26 (2) Elections of trustees of community college districts shall be bienni- 27 ally in even-numbered years, and shall be held on a date authorized in section 28 34-106, Idaho Code. Vacancies on the board of trustees shall be filled by 29 appointment by the remaining members, but if by reason of vacancies there 30 remain on the board less than a majority of the required number of members, 31 appointment to fill such vacancies shall be made by the state board of educa- 32 tion. Any person so appointed shall serve until the next trustee election, at 33 which time his successor shall be elected for the unexpired term. The trustees 34 shall take and subscribe the oath of office required in the case of state 35 officers and said oath shall be filed with the secretary of state. 36 (3) Notice of the election, the conduct thereof, the qualification of 37 electors and the canvass of returns shall be as prescribed in chapter 14, 38 title 34, Idaho Code. 39 (4) The person or persons, equal in number to the number of trustees to 40 be elected for regular or unexpired terms, receiving the largest number of 41 votes shall be declared elected. An individual shall be a candidate for a spe- 42 cific position of the board and each candidate must declare which position he 43 seeks on the board of trustees. If it be necessary to resolve a tie between 44 two (2) or more persons, the board of trustees shall determine by lot which 45 thereof shall be declared elected. The clerk of the board shall promptly 46 notify any person by mail of his election, enclosing a form of oath to be sub- 47 scribed by him as herein provided. 48 (5) When elections held pursuant to this section coincide with other 49 elections held by the state of Idaho or any subdivision thereof, or any munic- 50 ipality or school district, the board of trustees may make agreement with the 51 body holding such election for joint boards of election and the payment of 52 fees and expenses of such boards of election on such proportionate basis as 53 may be agreed upon. 54 (6) At its first meeting following the appointment of the first board of 12 1 trustees, and at the first regular meeting following any community college 2 trustee election, the board shall organize, and shall elect one (1) of its 3 members chairman, one (1) a vice-chairman; and shall elect a secretary and a 4 treasurer, who may be members of the board; or one (1) person to serve as sec- 5 retary and treasurer, who may be a member of the board. 6 (7) The board shall set a given day of a given week in each month as its 7 regular meeting time. Three (3) members of the board shall constitute a quorum 8 for the transaction of official business. 9 (8) The authority of trustees of community college districts shall be 10 limited in the manner prescribed in section 33-507, Idaho Code. 11 SECTION 10. That Section 46-206, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 46-206. RETIREMENTOF OFFICERS-- TIME OF SERVICE. Upon request, any com- 14 missioned officer, warrant officer or enlisted member of the national guard of 15 Idaho who has a total military service in the armed forces of the United 16 States of twenty (20) years may be placed on the retirement list. In the dis- 17 cretion of the adjutant general, any member may be advanced one (1) grade 18 prior to retirement. Promotions under this section shall be honorary. 19 SECTION 11. That Section 49-2902, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 49-2902. INTERAGENCY WORKING GROUP CREATED. (1) An interagency working 22 group is hereby created to advise the department of agriculture on issues and 23 policies in support of the department of'sagriculture's administration of 24 the rural economic development and integrated freight transportation program 25 established in section 49-2901, Idaho Code. The interagency working group 26 shall participate in planning and identifying program needs and shall carry 27 out its duties specified in section 49-2903, Idaho Code. Before recommending 28 state funding, using state dedicated funds, and recommending priorities, the 29 interagency working group shall seek pertinent information, facts and data 30 from state and local governments, and agencies regarding rural freight trans- 31 portation issues. 32 (2) The interagency working group shall be composed of eight (8) members: 33 (a) Four (4) members shall be appointed by the director of the Idaho 34 transportation department, two (2) of whom shall be employees of the Idaho 35 transportation department with a working knowledge of rail and truck 36 freight transportation and intermodal entities, one (1) member, not a 37 state employee, shall represent freight shipping interests, and one (1) 38 member shall be a representative from the local highway technical assis- 39 tance council; 40 (b) Three (3) members shall be appointed by the director of the depart- 41 ment of,agriculture, two (2) of whom shall be employees of the depart- 42 ment of agriculture with a working knowledge of economic development 43 issues, and one (1) member, not a state employee, shall represent business 44 development and financing interests; and 45 (c) One (1) member shall be appointed by the director of the department 46 of commerceand laborand shall be an employee with knowledge of rural 47 economic development issues. 48 (d) At the beginning of each state fiscal year, the director of the 49 Idaho transportation department shall designate one (1) of his appointees 50 as cochairman, and the director of the department of commerce shall desig- 51 nate one (1) of his appointees as cochairman. 13 1 (e) Each member appointed shall serve at the pleasure of the appointing 2 authority, provided however, the service of state employee members shall 3 run concurrently with their state employment. Nonstate employee members 4 shall serve one (1) term of five (5) years, but may be appointed to serve 5 nonconsecutive terms, and shall be reimbursed according to the provisions 6 of section 59-509(b), Idaho Code. 7 (f) The interagency working group shall meet at such times as necessary 8 and appropriate to review applications for funds distributed pursuant to 9 the provisions of this chapter, but not less frequently than annually. 10 (3) The department of agriculture shall determine and provide for amounts 11 appropriated to the fund, a one-time amount not to exceed three percent (3%) 12 for planning and operating expenses and staff assistance and support from the 13 department of agriculture and the Idaho transportation department in order to 14 administer the program, and to administer the fund established in section 15 49-2904, Idaho Code. 16 SECTION 12. That Section 49-2903, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 49-2903. DUTIES OF THE INTERAGENCY WORKING GROUP. (1) The interagency 19 working group shall provide recommendations to the department of agriculture 20 in order for that department to establish criteria for evaluating intermodal 21 projects of significance to the state, and the interagency working group shall 22 continue to monitor projects for which it provides assistance to the depart- 23 ment of.agriculture. 24 (2) The interagency working group shall provide recommendations to the 25 department of agriculture in order for the department to develop criteria for 26 prioritizing freight rail and intermodal projects that meet the minimum eligi- 27 bility requirements for state financial support from the revolving loan fund 28 created in section 49-2904, Idaho Code. Project criteria should consider the 29 level of local financial commitment to the project as well as the cost/benefit 30 ratio. Railroads, shippers, intermodal commerce authorities as defined in 31 chapter 22, title 70, Idaho Code, and others who benefit from the project 32 should participate financially to the greatest extent practicable. 33 (3) The interagency working group shall provide the assistance necessary 34 for the department to ensure that the state maintains a contingent interest in 35 any equipment, property, rail line, or facility that has outstanding grants or 36 loans. The owner of a qualified line as defined in section 49-2904, Idaho 37 Code, shall not use the line as collateral, remove track, bridges or associ- 38 ated elements for salvage, or use it in any other manner subordinating the 39 state's interest until any loan made to the owner pursuant to this chapter has 40 been repaid in full. As the state is not a primary lender of money, it is 41 understood the state may need to take a subordinate position for its contin- 42 gent interest. 43 SECTION 13. That Section 49-2905, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 49-2905. STATE RAIL AND INTERMODAL FACILITY SYSTEM PLAN. (1) The Idaho 46 transportation department shall prepare and periodically update a state rail 47 and intermodal facility system plan, a primary objective of which is to iden- 48 tify, evaluate and encourage the development and preservation of essential 49 rail and truck intermodal services. The plan shall: 50 (a) Identify and describe the state's rail system; 51 (b) Prepare state rail system maps; 14 1 (c) Identify and evaluate mainline capacity issues in cooperation with 2 the railroads; 3 (d) Identify and evaluate rail access and congestion issues; 4 (e) Identify and evaluate rail commodity flows and traffic types; 5 (f) Identify lines and corridors that have been rail banked or preserved; 6 (g) Identify and evaluate other rail and intermodal issues affecting the 7 state's freight transportation system and regional and local economies; 8 (h) Identify and evaluate those rail freight lines that are potentially 9 subject to abandonment in the future because of unmet capital needs or 10 other reasons, or have recently been approved for abandonment but the 11 track improvements are still in place; 12 (i) Whenever possible provide priorities for determining which rail lines 13 or intermodal commerce authorities should receive state support, and pro- 14 vide to the interagency working group supporting information used in 15 establishing such priorities for use by the interagency working group in 16 advising the department of.agriculture. The priorities should include: 17 (i) The anticipated benefits to the state and local economy; 18 (ii) Coordinated freight transportation system including the antici- 19 pated cost of road and highway improvements necessitated by the pro- 20 posed project; 21 (iii) Establishment of an intermodal facility, if indicated; 22 (iv) The likelihood the qualified line receiving funding can meet 23 operating costs from freight charges, surcharges on rail traffic and 24 other funds; and 25 (v) The impact of abandonment or capacity constraints if the proj- 26 ect does not obtain state support; and 27 (j) Identify and describe the state's intermodal rural rail and truck 28 freight system by: 29 (i) Preparing state intermodal and regional freight transfer sta- 30 tion system maps; 31 (ii) Identifying and evaluating intermodal and truck and rail 32 freight transfer capacity and coordination issues in cooperation with 33 local government and the railroad and truck interests; 34 (iii) Identifying and evaluating intermodal and freight transfer 35 access and highway capacity issues; and 36 (iv) Identifying and evaluating major freight commodity origins, 37 destinations and traffic flows by mode and corridor. 38 (2) The Idaho transportation department shall provide information to the 39 interagency working group for assisting and advising the department of agri- 40 culture to monitor the status of the state's mainline, short line and branch 41 line common carrier railroads through the state rail planning process and var- 42 ious analyses. In addition, the Idaho transportation department shall submit 43 to the interagency working group, its evaluation of alternatives to abandon- 44 ment prior to federal surface transportation board proceedings, where feasi- 45 ble. 46 (3) The state rail and intermodal facility system plan may be prepared in 47 conjunction with any rail plan currently prepared by the Idaho transportation 48 department pursuant to other federal rail assistance programs, or which may 49 be enacted, including if applicable, the federal local rail freight assistance 50 program. 51 SECTION 14. That Section 58-304, Idaho Code, be, and the same is hereby 52 amended to read as follows: 53 58-304. LEASES. (1) The state board of land commissioners may lease any 15 1 portion of the state land at a rental amount fixed and determined by the 2 board. The rental amount shall be due and payable by the date and upon the 3 terms set by the board in the lease. Provided however, all grazing leases 4 shall provide for annual payments which shall be due and payable by the date 5 set by the board in the lease. 6 (2) The state board of land commissioners shall notify the lessee of any 7 increase in the applicable rental rate six (6) months in advance of the date 8 the rent is due and payable. 9 (3) The lessee shall pay the rental to the director of the department of 10 lands, who shall receipt for the same in the name of the board. Upon receiving 11 such rental, the director shall immediately transmit the same to the state 12 treasurer. 13 SECTION 15. That Chapter 13, Title 58, Idaho Code, be, and the same is 14 hereby amended by the addition thereto of a NEW HEADING, to be known and des- 15 ignated as the Heading for Chapter 13, Title 58, Idaho Code, be, and read as 16 follows: 17 CHAPTER 13 18 NAVIGATIONAL ENCROACHMENTS 19 SECTION 16. That Section 59-1356, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 59-1356. REEMPLOYMENT OF RETIRED MEMBERS. (1) If an early retired member 22 is reemployed with the same employer within ninety (90) days from retiring, or 23 the early retired member is guaranteed reemployment with the same employer the 24 member shall be considered to have continued in the status of an employee and 25 not to have separated from service. Any retirement allowance payments received 26 by the retired member shall be repaid to the system and the retirement shall 27 be negated. The month of last contribution prior to the negated retirement and 28 the month of initial contribution upon return to reemployment shall be consid- 29 ered consecutive months of contributions in the determination of an appropri- 30 ate salary base period upon subsequent retirement. A retired member is not 31 considered to have separated from service if he continues performing services 32 for the same employer in any capacity including, but not limited to, indepen- 33 dent contractor, leased employee, or temporary services. 34 (2) Except as provided in subsection (3) of this section, when a retired 35 member meets the definition of an employee as defined in section 36 59-1302(14)(A)(a), Idaho Code, any benefit payable on behalf of such member 37 shall be suspended and any contributions payable by such member under sections 38 59-1331 through 59-1334, Idaho Code, shall again commence. The suspended bene- 39 fit, as adjusted pursuant to section 59-1355, Idaho Code, shall resume upon 40 subsequent retirement, along with a separate allowance computed with respect 41 to only that salary and service credited during the period of reemployment. 42 Any death benefit that becomes payable under the suspended benefit shall be 43 payable under section 59-1361(2), Idaho Code. Any death benefit that becomes 44 payable with respect to salary and service accrued during the period of reem- 45 ployment shall be payable under section 59-1361(3), Idaho Code, if the member 46 dies during the period of reemployment. 47 (3) If a retired member, who is receiving a benefit that is not reduced 48 under section 59-1346, Idaho Code, and who has been retired for more than six 49 (6) months, again becomes employed as defined in this section and section 50 59-1302(14)(A)(b), Idaho Code, as a result of being elected to a public office 51 other than an office held prior to retirement, the retired member may elect to 16 1 continue receiving benefits and not accrue additional service, in which event 2 no contributions shall be made by the member or employer during such reemploy- 3 ment and any benefit payable on behalf of such member shall continue. 4 (4) If a retired school teacher or administrator, who retired on or after 5 age sixty-two (62) years and is receiving a benefit that is not reduced under 6 section 59-1346, Idaho Code, again becomes an employee as defined in this sec- 7 tion and section 59-1302(14), Idaho Code, as a result of returning to employ- 8 ment with a school district as provided in section 33-1004H, Idaho Code, the 9 retired member may elect to continue receiving benefits and not accrue addi- 10 tional service, in which event no contributions shall be made by the member 11 during such reemployment and any benefit payable on behalf of such member 12 shall continue. However, the school district shall pay the required employer 13 contribution for that employee to the public employee retirement system. After 14 June 30, 2012, this subsection (4) shall no longer be in force and effect and 15 the other provisions of this section shall be applicable to all employment, 16 including the employment of retirees who were employed under section 33-1004H, 17 Idaho Code, before that date. 18 (5) It is the responsibility of each employer to immediately report to 19 the retirement board the employment of any retired member so that benefit pay- 20 ments can be suspended as provided in this section. If an employer fails to 21 properly report the employment of a retired member and it results in the 22 retirement board making benefit payments that should have been suspended, the 23 employer shall, in addition to paying delinquent employee and employer contri- 24 butions from the date of eligibility, also be responsible for repaying to the 25 retirement board the benefit payments made to the retired member that should 26 have been suspended, plus interest. The employer may then recoup such payments 27 from the retired member. 28 (56) For purposes of this section, "same employer" means the employer for 29 which the retired member last worked prior to retirement. 30 SECTION 17. That Section 67-2601, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 67-2601. DEPARTMENT CREATED -- ORGANIZATION -- DIRECTOR -- BUREAU OF 33 OCCUPATIONAL LICENSES CREATED. (1) There is hereby created the department of 34 self-governing agencies. The department shall, for the purposes of section 20, 35 article IV of the constitution of the state of Idaho, be an executive depart- 36 ment of the state government. 37 (2) The department shall consist of the following: 38 (a) Agricultural commodity commissions: Idaho apple commission, as pro- 39 vided by chapter 36, title 22, Idaho Code; Idaho bean commission, as pro- 40 vided by chapter 29, title 22, Idaho Code; Idaho beef council, as pro- 41 vided by chapter 29, title 25, Idaho Code; Idaho cherry commission, as 42 provided by chapter 37, title 22, Idaho Code; Idaho dairy products commis- 43 sion, as provided by chapter 31, title 25, Idaho Code; Idaho pea and len- 44 til commission, as provided by chapter 35, title 22, Idaho Code; Idaho 45 potato commission, as provided by chapter 12, title 22, Idaho Code; the 46 Idaho wheat commission, as provided by chapter 33, title 22, Idaho Code; 47 and the Idaho aquaculture commission, as provided by chapter 44, title 22, 48 Idaho Code. 49 (b) Professional and occupational licensing boards: Idaho state board of 50 certified public accountancy, as provided by chapter 2, title 54, Idaho 51 Code; board of acupuncture, as provided by chapter 47, title 54, Idaho 52 Code; board of architectural examiners, as provided by chapter 3, title 53 54, Idaho Code; office of the state athletic director, as provided by 17 1 chapter 4, title 54, Idaho Code; board of barber examiners, as provided by 2 chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state 3 bar, as provided by chapter 4, title 3, Idaho Code; board of chiropractic 4 physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of 5 cosmetology, as provided by chapter 8, title 54, Idaho Code; Idaho coun- 6 selor licensing board, as provided by chapter 34, title 54, Idaho Code; 7 state board of dentistry, as provided by chapter 9, title 54, Idaho Code; 8 state board of denturitry, as provided by chapter 33, title 54, Idaho 9 Code; state board of engineering examiners, as provided by chapter 12, 10 title 54, Idaho Code; state board for registration of professional geolo- 11 gists, as provided by chapter 28, title 54, Idaho Code; speech and hearing 12 services licensure board, as provided by chapter 29, title 54, Idaho Code; 13 Idaho physical therapy licensure board, as provided by chapter 22, title 14 54, Idaho Code; Idaho state board of landscape architects, as provided by 15 chapter 30, title 54, Idaho Code; liquefied petroleum gas safety board, as 16 provided by chapter 53, title 54, Idaho Code; state board of medicine, as 17 provided by chapter 18, title 54, Idaho Code; state board of morticians, 18 as provided by chapter 11, title 54, Idaho Code; board of naturopathic 19 medical examiners, as provided by chapter 51, title 54, Idaho Code; board 20 of nurses, as provided by chapter 14, title 54, Idaho Code; board of exam- 21 iners of nursing home administrators, as provided by chapter 16, title 54, 22 Idaho Code; state board of optometry, as provided by chapter 15, title 54, 23 Idaho Code; Idaho outfitters and guides board, as provided by chapter 21, 24 title 36, Idaho Code; board of pharmacy, as provided by chapter 17, title 25 54, Idaho Code; state board of podiatry, as provided by chapter 6, title 26 54, Idaho Code; Idaho state board of psychologist examiners, as provided 27 by chapter 23, title 54, Idaho Code; Idaho real estate commission, as pro- 28 vided by chapter 20, title 54, Idaho Code; real estate appraiser board, as 29 provided by chapter 41, title 54, Idaho Code; board of social work examin- 30 ers, as provided by chapter 32, title 54, Idaho Code; the board of veteri- 31 nary medicine, as provided by chapter 21, title 54, Idaho Code; the board 32 of examiners of residential care facility administrators, as provided by 33 chapter 42, title 54, Idaho Code; and the board of drinking water and 34 wastewater professionals, as provided by chapter 24, title 54, Idaho Code. 35 (c) The board of examiners, pursuant to section 67-2001, Idaho Code. 36 (d) The division of building safety: building code board, chapter 41, 37 title 39, Idaho Code; manufactured home advisory board, chapter 21, title 38 44, Idaho Code; electrical board, chapter 10, title 54, Idaho Code; public 39 works contractors board, chapter 19, title 54, Idaho Code; plumbing board, 40 chapter 26, title 54, Idaho Code; public works construction management, 41 chapter 45, title 54, Idaho Code;andthe heating, ventilation and air 42 conditioning board, chapter 50, title 54, Idaho Code;the Idaho building43code act;and modular buildings, chapter 43, title 39, Idaho Code, relat-44ing to. 45 (e) The division of veterans services to be headed by a division adminis- 46 trator who shall be a nonclassified employee exempt from the provisions of 47 chapter 53, title 67, Idaho Code. The administrator of the division shall 48 administer the provisions of chapter 2, title 65, Idaho Code, and chapter 49 9, title 66, Idaho Code, with the advice of the veterans affairs commis- 50 sion established under chapter 2, title 65, Idaho Code, and shall perform 51 such additional duties as are imposed upon him by law. 52 (3) The bureau of occupational licenses is hereby created within the 53 department of self-governing agencies. 54 SECTION 18. That Section 67-4727, Idaho Code, be, and the same is hereby 18 1 amended to read as follows: 2 67-4727. NURSING WORKFORCE ADVISORY COUNCIL -- MEMBERS -- OFFICERS -- 3 COMPENSATION -- IDAHO NURSING WORKFORCE CENTER. (1) The state of Idaho recog- 4 nizes the need to understand and address the critical issue of Idaho's nursing 5 shortage and the opportunity to collaborate and take full advantage of 6 research, educational and incentive programs to address the current and future 7 nursing shortage. The nursing workforce advisory council is hereby created 8 within the department ofcommerce andlabor to advise the department, the 9 state board of education, state colleges and universities, and other state, 10 local, federal and private sector agencies and organizations on nursing 11 workforce issues and to assist with the development and implementation of a 12 state strategic plan for addressing the nursing shortage. 13 (2) Except as otherwise provided, the council shall be appointed by and 14 serve at the pleasure of the governor and shall include: 15 (a) Two (2) senators and two (2) members of the house of representatives, 16 to be appointed by the legislative council; 17 (b) One (1) representative each from the nursing programs at Boise State 18 University, the College of Southern Idaho, Idaho State University, Lewis- 19 Clark State College, North Idaho College and Eastern Idaho Technical Col- 20 lege; 21 (c) One (1) representative each from a rural hospital and an urban hospi- 22 tal, as determined based upon location within or outside of a metropolitan 23 statistical area (MSA) as defined by the United States bureau of the cen- 24 sus; 25 (d) One (1) representative each from the department ofcommerce and26 labor, the Idaho board of nursing, the office of the state board of educa- 27 tion, and the office of the governor; and 28 (e) One (1) representative from the Idaho alliance of leaders in nursing. 29 (3) The governor shall designate a chairman from the council's membership 30 and the council shall designate such other officers from its membership as it 31 deems necessary. A majority of the members shall constitute a quorum. The 32 council shall be staffed and supported by the department ofcommerce and33 labor. 34 (4) Members of the council who are not state employees shall not be com- 35 pensated, but shall be reimbursed for travel expenses incurred for attendance 36 at council meetings. 37 (5) The Idaho nursing workforce center is hereby established within the 38 department ofcommerce andlabor to assist the nursing workforce advisory 39 council in planning for a qualified workforce necessary to meet the current 40 and future nursing and health care needs of the state. The Idaho nursing 41 workforce center shall: 42 (a) Conduct research activities, including the collection of valid and 43 reliable data about Idaho's current nursing workforce and the forecasting 44 of future needs, or contract for such research activities to be conducted 45 by an Idaho college or university; and 46 (b) Provide expertise in workforce planning and project evaluation. 47 (6) The Idaho nursing workforce center shall report to the nursing 48 workforce advisory council and shall be funded pursuant to state appropriation 49 in addition to any funding from grants, federal moneys, donations or funds 50 from any other sources. 51 SECTION 19. That Section 67-7903, Idaho Code, be, and the same is hereby 52 amended to read as follows: 19 1 67-7903. VERIFICATION OF LAWFUL PRESENCE -- EXCEPTIONS -- REPORTING. (1) 2 Except as otherwise provided in subsection (3) of this section or where 3 exempted by federal law, each agency or political subdivision of this state 4 shall verify the lawful presence in the United States of each natural person 5 eighteen (18) years of age or older who applies for state or local public ben- 6 efits or for federal public benefits for the applicant. 7 (2) This section shall be enforced without regard to race, religion, gen- 8 der, ethnicity or national origin. 9 (3) Verification of lawful presence in the United States shall not be 10 required: 11 (a) For any purpose for which lawful presence in the United States is not 12 required by law, ordinance or rule; 13 (b) For obtaining health care items and services that are necessary for 14 the treatment of an emergency medical condition of the person involved and 15 are not related to an organ transplant procedure; 16 (c) For short-term, noncash, in-kind emergency disaster relief; 17 (d) For public health assistance for immunizations with respect to 18 immunizable diseases and testing and treatment of symptoms of communicable 19 diseases whether or not such symptoms are caused by a communicable dis- 20 ease; 21 (e) For programs, services or assistance, such as soup kitchens, crisis 22 counseling and intervention and short-term shelter specified by federal 23 law or regulation that: 24 (i) Deliver in-kind services at the community level, including ser- 25 vices through public or private nonprofit agencies; 26 (ii) Do not condition the provision of assistance, the amount of 27 assistance provided or the cost of assistance provided on the indi- 28 vidual recipient's income or resources; and 29 (iii) Are necessary for the protection of life or public safety; 30 (f) For prenatal care; 31 (g) For postnatal care not to exceed twelve (12) months; or 32 (h) For food assistance for a dependent child under eighteen (18) years 33 of age. 34 Notwithstanding the provisions of this subsection (3), for the county indigent 35 program, the limitations contained in section 31-3502(18)B., Idaho Code, shall 36 apply. 37 (4) An agency or a political subdivision shall verify the lawful presence 38 in the United States of each applicant eighteen (18) years of age or older for 39 federal public benefits or state or local public benefits by: 40 (a) Employing electronic means to verify an applicant is legally present 41 in the United States; or 42 (b) Requiring the applicant to provide: 43 (i) An Idaho driver's license or an Idaho identification card 44 issued pursuant to section 49-2444, Idaho Code; or 45 (ii) A valid driver's license or similar document issued for the 46 purpose of identification by another state or territory of the United 47 States, if such license or document contains a photograph of the 48 individual or such other personal identifying information relating to 49 the individual that the director of the department of health and wel- 50 fare or, with regard to unemployment compensation benefits, the 51 director of the department ofcommerce andlabor finds, by rule, suf- 52 ficient for purposes of this section; or 53 (iii) A United States military card or a military dependent's identi- 54 fication card; or 55 (iv) A United States coast guard merchant mariner card; or 20 1 (v) A native American tribal document; or 2 (vi) A valid United States passport; and 3 (c) Requiring the applicant to provide a valid social security number 4 that has been assigned to the applicant; and 5 (d) Requiring the applicant to attest, under penalty of perjury and on a 6 form designated or established by the agency or the political subdivision, 7 that: 8 (i) The applicant is a United States citizen or legal permanent 9 resident; or 10 (ii) The applicant is otherwise lawfully present in the United 11 States pursuant to federal law. 12 (5) Notwithstanding the requirements of subsection (4)(b) of this sec- 13 tion, the agency or political subdivision may establish by appropriate legal 14 procedure such rules or regulations to ensure that certain individuals law- 15 fully present in the United States receive authorized benefits including, but 16 not limited to, homeless state citizens. 17 (6) For an applicant who has attested pursuant to subsection (4)(d) of 18 this section stating that the applicant is an alien lawfully present in the 19 United States, verification of lawful presence for federal public benefits or 20 state or local public benefits shall be made through the federal systematic 21 alien verification of entitlement program, which may be referred to as the 22 "SAVE" program, operated by the United States department of homeland security 23 or a successor program designated by the United States department of homeland 24 security. Until such verification of lawful presence is made, the attestation 25 may be presumed to be proof of lawful presence for purposes of this section. 26 (a) Errors and significant delays by the SAVE program shall be reported 27 to the United States department of homeland security to ensure that the 28 application of the SAVE program is not wrongfully denying benefits to 29 legal residents of this state. 30 (b) Agencies or political subdivisions may adopt variations of the 31 requirements of subsection (4)(d) of this section to improve efficiency or 32 reduce delay in the verification process or to provide for adjudication of 33 unique individual circumstances in which the verification procedures in 34 this section would impose unusual hardship on a legal resident of this 35 state; except that the variations shall be no less stringent than the 36 requirements of subsection (4)(d) of this section. 37 (c) A person who knowingly makes a false, fictitious or fraudulent state- 38 ment or representation in an attestation executed pursuant to subsection 39 (4)(d) or (6)(b) of this section shall be guilty of a misdemeanor. 40 (7) An agency or political subdivision may accept as prima facie evidence 41 of an applicant's lawful presence in the United States the information 42 required in subsection (4) of this section, as may be modified by subsection 43 (5) of this section, when issuing a professional license or a commercial 44 license.
STATEMENT OF PURPOSE
RS 17462
The purpose of this bill is to make various codifier corrections to
the Idaho Code. In the course of a legislative session, multiple
amendments to a single code section, chapter or title are
frequently passed. Occasionally, these multiple amendments result
in conflicting numbering of sections or subsections. In addition,
in some instances, separate sections of the code contain citations
to sections or subsections which contain conflicting numbering due
to multiple amendments. Conflicting citation numbering is
identified at the time session laws for any given year are
incorporated into the existing code. Sections or subsections
containing conflicting numbering are redesignated by the codifier.
Redesignated code citations are set forth in brackets following
citations as set forth in session laws. The bracketed citation
remains in the code until the affected section undergoes a future
amendment and then, at that time, a correction to the citation
number is made. This method of indicating codifier corrections is
often confusing to the reader. Rather than waiting for future
amendments to the various affected sections, this bill compiles
those code sections affected in the legislative sessions prior to
2008 that contain conflicting numbering so that the designations
may be corrected.
FISCAL NOTE
There is no fiscal impact as a result of this bill.
Contact
Name: Mike Nugent
Agency: Legislative Services Offices
Phone: 334-2475
STATEMENT OF PURPOSE/FISCAL NOTE S 1338