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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1344
BY
JUDICIARY
AND
RULES
COMMITTEE
AN
ACT
1
RELATING
TO
LEGISLATIVE
AUTHORITY;
AMENDING
SECTION
56
-
202,
IDAHO
CODE,
2
TO
REVISE
PROVISIONS
REGARDING
THE
DUTIES
OF
THE
DIRECTOR
OF
THE
STATE
3
DEPARTMENT
OF
HEALTH
AND
WELFARE;
AMENDING
SECTION
56
-
203,
IDAHO
CODE,
4
TO
REVISE
PROVISIONS
REGARDING
THE
POWERS
OF
THE
STATE
DEPARTMENT
OF
5
HEALTH
AND
WELFARE;
AMENDING
CHAPTER
10,
TITLE
56,
IDAHO
CODE,
BY
THE
6
ADDITION
OF
A
NEW
SECTION
56
-
1011,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
7
REGARDING
A
REPORT
ON
PROGRAMS
AND
AUTHORITY;
AMENDING
SECTION
67
-
3516,
8
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
APPROPRIATIONS
ACTS;
AND
9
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
10
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
1
1
SECTION
1.
That
Section
56
-
202,
Idaho
Code,
be,
and
the
same
is
hereby
12
amended
to
read
as
follows:
13
56
-
202.
DUTIES
OF
DIRECTOR
OF
STATE
DEPARTMENT
OF
HEALTH
AND
WEL
-
14
FARE.
(1)
The
director
of
the
state
department
of
health
and
welfare
shall:
15
(a)
Administer
public
assistance
and
social
services
to
eligible
peo
-
16
ple;
17
(b)
Promulgate,
adopt
and
enforce
such
rules
and
such
methods
of
admin
-
18
istration
as
may
be
necessary
or
proper
to
carry
out
the
provisions
of
title
19
56,
Idaho
Code,
except
as
provided
in
section
56
-
203A,
Idaho
Code;
20
(c)
Conduct
research
and
compile
statistics
relating
to
public
wel
-
21
fare;
22
(d)
Prepare
for
the
governor
and
legislature
an
annual
report
of
activ
-
23
ities
and
expenditures;
make
such
reports
in
such
form
and
containing
such
24
information
as
the
federal
government
may
from
time
to
time
require;
and
com
-
25
ply
with
such
provisions
as
the
federal
government
may
from
time
to
time
find
26
necessary
to
assure
the
correctness
and
verification
of
such
reports;
27
(e)
Cooperate
with
the
federal
government
through
its
appropriate
28
agency
or
instrumentality
in
establishing,
extending,
and
strengthening
29
services
for
the
protection
and
care
of
homeless,
dependent,
and
neglected
30
children,
and
children
in
danger
of
becoming
delinquent;
and
to
undertake
31
other
services
for
children
authorized
by
law;
32
(f)
Cooperate
with
the
federal
government
through
its
appropriate
33
agency
or
instrumentality
in
establishing
and
maintaining
a
comprehensive
34
system
of
in
-
home
services
as
defined
in
section
67
-
5006,
Idaho
Code,
de
-
35
signed
to
assist
older
persons,
as
defined
in
section
67
-
5006,
Idaho
Code,
36
of
Idaho
to
continue
living
in
an
independent
and
dignified
home
environment
37
and
to
undertake
other
services
for
older
persons
as
authorized
by
law;
38
(g)
Exercise
the
opt
-
out
provision
in
section
115
of
the
personal
re
-
39
sponsibility
and
work
opportunity
reconciliation
act
of
1996,
P.L.
104
-
193.
40
Consistent
with
this,
the
department
may
provide
food
stamps
and
services
41
funded
under
title
4A
(including
cash
assistance,
TANF
supportive
services
42
2
and
at
-
risk
payments)
to
a
person
who
has
been
convicted
of
a
felony
involv
-
1
ing
a
controlled
substance
as
defined
in
chapter
27,
title
37,
Idaho
Code,
if
2
they
comply
with
the
terms
of
a
withheld
judgment,
probation
or
parole.
3
(2)
No
later
than
July
1,
2028,
the
director
shall
complete
the
dis
-
4
continuation
of
any
program
or
service
not
expressly
authorized
by
Idaho
5
Code.
The
director
shall
continuously
monitor
all
department
programs
and
6
services
to
ensure
statutory
compliance
and
shall
cease
all
new
expenditures
7
for
and
complete
the
discontinuation
of
any
program
or
service
found
to
be
8
not
expressly
authorized
by
Idaho
Code
within
sixty
(60)
days
of
such
find
-
9
ing.
10
(3)
If
the
department
expends
funds
for
a
program
or
service
found
to
be
1
1
not
expressly
authorized
by
Idaho
Code,
the
state
controller
shall:
12
(a)
Immediately
revoke
the
spending
authority
and
revert
all
unex
-
13
pended
balances
to
the
fund
of
origin
upon
a
legal
determination
of
a
14
lack
of
authorization;
15
(b)
Reduce
the
department's
maintenance
appropriation
for
the
follow
-
16
ing
fiscal
year
by
the
total
amount
of
any
funds,
regardless
of
fund
17
source,
disbursed
for
the
unauthorized
program
or
service
prior
to
its
18
revocation;
and
19
(c)
Certify
the
amount
of
the
unauthorized
expenditure
to
the
joint
fi
-
20
nance
-
appropriations
committee
of
the
legislature
no
later
than
Jan
-
21
uary
15
of
each
year.
22
SECTION
2.
That
Section
56
-
203,
Idaho
Code,
be,
and
the
same
is
hereby
23
amended
to
read
as
follows:
24
56
-
203.
POWERS
OF
STATE
DEPARTMENT.
The
state
department
shall
have
25
the
power
to:
26
(1)
Enter
When
authorized
by
Idaho
Code,
enter
into
contracts
and
27
agreements
with
the
federal
government
through
its
appropriate
agency
28
or
instrumentality
whereby
the
state
of
Idaho
shall
receive
federal
29
grants
-
in
-
aid
or
other
benefits
for
public
assistance
or
public
welfare
pur
-
30
poses
under
any
act
or
acts
of
congress
heretofore
or
hereafter
enacted;
31
(2)
Cooperate
with
the
federal
government
in
carrying
out
the
purposes
32
of
any
federal
acts
or
programs
authorized
by
Idaho
Code
pertaining
to
public
33
assistance
or
welfare
services,
and
in
other
matters
of
mutual
concern;
34
(3)
Cooperate
with
county
governments
and
other
branches
of
government
35
and
other
agencies,
public
or
private,
in
administering
and
furnishing
pub
-
36
lic
welfare
services
authorized
by
Idaho
Code
;
37
(4)
Enter
into
reciprocal
agreements
with
other
states
relative
to
the
38
provisions
of
public
assistance
and
welfare
services
to
residents
and
non
-
39
residents;
40
(5)
Initiate
and
administer
public
assistance
and
social
services
41
authorized
by
Idaho
Code
for
persons
with
physical
or
mental
disabilities;
42
(6)
Establish
such
requirements
of
residence
for
public
assistance
un
-
43
der
this
chapter
as
may
be
deemed
advisable,
subject
to
any
limitations
im
-
44
posed
in
this
chapter,
including
the
requirements
of
lawful
presence
pur
-
45
suant
to
section
67
-
7903,
Idaho
Code;
46
(7)
Define
persons
entitled
to
medical
assistance
in
such
terms
as
will
47
meet
requirements
for
federal
financial
participation
in
medical
assistance
48
payments;
49
3
(8)
Accept
the
legal
custody
of
children
committed
to
it
by
district
1
courts
of
this
state
under
the
child
protective
act,
to
provide
protective
2
supervision
as
defined
therein,
to
place
children
for
adoption
when
such
3
children
are
in
the
legal
custody
of
the
state
department
and
are
legally
4
available
for
adoption,
and
to
exercise
consent
to
adoption
when
the
author
-
5
ity
to
do
so
is
vested
in
the
department
by
court
order
or
legally
authorized
6
parental
relinquishment;
7
(9)
Determine
the
amount,
duration
and
scope
of
care
and
services
to
be
8
purchased
as
medical
assistance
on
behalf
of
needy
eligible
individuals;
9
(10)
Manage
and
operate
the
southwest
Idaho
treatment
center
at
Nampa,
10
Idaho;
and
1
1
(11)
Manage
and
operate
state
hospital
north
at
Orofino,
Idaho;
state
12
hospital
south
at
Blackfoot,
Idaho;
and
state
hospital
west
at
Nampa,
Idaho.
13
SECTION
3.
That
Chapter
10,
Title
56,
Idaho
Code,
be,
and
the
same
is
14
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
15
ignated
as
Section
56
-
1011,
Idaho
Code,
and
to
read
as
follows:
16
56
-
1011.
REPORT
ON
PROGRAMS
AND
AUTHORITIES.
The
department
shall
17
submit
a
report
to
the
health
and
welfare
committees
of
the
Idaho
house
of
18
representatives
and
the
Idaho
senate
no
later
than
December
1,
2026,
con
-
19
taining
a
comprehensive
list
of
all
programs
operated
or
managed
by
the
20
department
and
the
corresponding
statutory
authority
that
creates
or
other
-
21
wise
authorizes
the
program.
22
SECTION
4.
That
Section
67
-
3516,
Idaho
Code,
be,
and
the
same
is
hereby
23
amended
to
read
as
follows:
24
67
-
3516.
APPROPRIATION
ACTS
DEEMED
FIXED
BUDGETS
-
-
RATE
OF
EXPENDI
-
25
TURE.
(1)
Appropriation
acts
when
passed
by
the
legislature
of
the
state
of
26
Idaho
,
and
spending
authority
made
thereunder,
whether
the
appropriation
is
27
fixed
or
continuing,
are
fixed
budgets
beyond
which
state
officers,
depart
-
28
ments,
bureaus,
and
institutions
may
not
expend.
29
(2)
Moneys
available
to
any
agency
from
sources
other
than
state
mon
-
30
eys,
if
not
cognizable
at
the
time
when
appropriations
were
made
whether
31
state
fiscal
liability
is
increased
or
not,
must
have
prior
approval
of
the
32
administrator
of
the
division
of
financial
management
and
the
board
of
ex
-
33
aminers
in
order
that
moneys
may
be
expended,
except
those
moneys
received
34
under
such
conditions
that
preclude
approval
by
the
administrator
of
the
35
division
and/or
the
board
of
examiners.
Receipts
from
the
sale
of
capital
36
outlay
items
and
insurance
claim
settlements
may,
with
the
approval
of
the
37
division
of
financial
management,
be
included
as
an
increase
to
an
agency's
38
appropriation
and
must
be
identified
at
an
account
category
level.
Expendi
-
39
ture
of
such
receipts
must
be
for
capital
outlay
items,
except
in
the
case
of
40
a
sale
of
a
motor
vehicle,
which,
notwithstanding
section
67
-
3511(3),
Idaho
41
Code,
may
be
transferred
to
operating
expenditures
with
the
approval
of
the
42
division
of
financial
management.
43
(3)
One
state
agency
may
bill
another
state
agency
for
goods
and
ser
-
44
vices,
provided
the
billing
agency
receives
prior
approval
in
writing
from
45
the
billed
agency
or
such
billing
is
provided
for
by
law.
This
process
will
46
be
known
as
interagency
billing
to
which
the
following
rules
will
apply:
47
4
(a)
The
state
controller
will
treat
interagency
receipts
as
revenue
and
1
not
classify
such
revenue
as
a
reduction
of
the
expenditures
of
the
re
-
2
ceiving
agency.
Interagency
billing
credits
for
all
moneys
shall
be
de
-
3
posited
to
the
appropriate
fund
of
that
agency.
4
(b)
Interagency
receipts
may
be
expended
by
the
collecting
agency
to
5
the
extent
that
authority
to
do
so
has
been
requested
and
approved
by
the
6
legislature
through
an
appropriation.
7
(c)
The
agency
billed
for
the
goods
and
services
shall
classify,
treat,
8
and
account
for
such
expenses
in
the
same
manner
as
if
such
expenses
had
9
been
paid
by
warrant
and
may
encumber
unexpended
balances
and
may
carry
10
forward
the
encumbered
appropriation
to
liquidate
known
or
anticipated
1
1
interagency
billing
expenses
at
the
end
of
a
fiscal
year.
The
state
12
controller
shall
provide
for
the
method
of
liquidation
of
these
encum
-
13
brances.
14
(4)
State
agencies
selling
goods,
products,
and
services
to
another
15
state
agency
must
use
the
interagency
process
detailed
by
subsection
(3)
of
16
this
section.
State
agencies,
departments,
and
institutions
may
sell
goods,
17
products,
and
services
to
the
public
and/or
other
political
entities.
These
18
cash
receipts
may
be
expended
according
to
the
following
rules:
19
(a)
The
state
controller
will
classify
these
moneys
as
receipts.
20
(b)
Receipts
for
all
moneys
shall
be
deposited
to
the
appropriate
fund
21
of
that
agency.
22
(c)
The
collecting
agency
may
expend
all
such
receipts
only
to
the
ex
-
23
tent
that
authority
to
do
so
has
been
requested
and
approved
by
the
leg
-
24
islature
through
an
appropriation,
except
receipts
received
by
agen
-
25
cies
under
the
circumstances
cited
in
subsection
(2)
of
this
section.
26
(5)
No
appropriation
act
shall
be
construed
to
create,
extend,
or
imply
27
independent
authorization
in
Idaho
Code
for
any
program,
service,
or
activ
-
28
ity.
Every
appropriation
is
contingent
on
such
express
authorization
as
may
29
be
required
by
the
specific
title
of
Idaho
Code
governing
the
appropriating
30
agency.
31
SECTION
5.
An
emergency
existing
therefor,
which
emergency
is
hereby
32
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
33
July
1,
2026.
34