2008 Legislation
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SENATE BILL NO. 1338<br /> – Codifier corrections


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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

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008


                                       IN THE SENATE

                                    SENATE BILL NO. 1338

                                 BY STATE AFFAIRS COMMITTEE

  1                                        AN ACT

 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

 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-


  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 officials to 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:



  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-


  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.


  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.


  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 C On 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

 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.


  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;


  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.
 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


  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

 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

 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

 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


  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.


  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


  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.  RETIREMENT OF 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 's agriculture'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 commerce and labor and 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.


  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;


  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


  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


  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:

 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


  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; and the  heating,  ventilation  and  air
 42        conditioning  board,  chapter 50, title 54, Idaho Code; the Idaho building
 43        code act; and modular buildings, chapter 43, title 39, Idaho Code,  relat-
 44        ing 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


  1    amended to read as follows:

  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 of commerce and labor  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 of commerce and
 26        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  of  commerce  and
 33    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  of commerce and labor 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:


  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 of commerce and labor 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


  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 / Fiscal Impact

                       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.

Name:    Mike Nugent
Agency:  Legislative Services Offices 
Phone:   334-2475

STATEMENT OF PURPOSE/FISCAL NOTE                        S 1338