2003 Ways & Means

Used to quickly introduce and/or stop legislation

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February 12, 2003
February 17, 2003
February 19, 2003
February 24, 2003
February 25, 2003
February 26, 2003
February 28, 2003

March 4, 2003
March 5, 2003
March 12, 2003
March 13, 2003
March 17, 2003
March 20, 2003
March 24, 2003
March 25, 2003
March 26, 2003
March 28, 2003

April 1, 2003
April 2, 2003
April 8, 2003
April 14, 2003
April 15, 2003
April 24, 2003
April 25, 2003
April 29, 2003 – Morning Meeting
April 29, 2003 – Afternoon Meeting

May 2, 2003

DATE: February 12, 2003
TIME: 3:37 p.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Jaquet,
Boe, Henbest
ABSENT/

EXCUSED:

GUESTS:
RS 12976: Rep. Newcomb stated legislation is based on last year’s proposed
constitutional amendment regarding regulatory taking. This legislation
defines regulatory taking as total, partial, permanent or temporary.
Deadlines are set in the legislation so action on a taking is done on a
timely basis. If these deadlines are not met, a private real property owner
may seek judicial determination. Rep. Newcomb requested the RS be
introduced and referred to the Local Government Committee
MOTION: Rep. Denney made a motion to introduce RS 12976 and refer it to the
Local Government Committee. By voice vote, the motion passed.
RS 12978: Rep. Newcomb noted that this legislation defines who is entitled to ask for
regulatory taking. If legal counsel is involved, the information between the
landowner and his lawyer are available to the public and does not meet
the test of lawyer/client privilege. Therefore, any documents dialog or
assessments are public record. This makes for better public policy so
that people involved know what is happening during the entire procedure.
The impact area of a regulatory taking is not constrained by jurisdictional
bounds. New timelines have been set so that an emergency ordinance or
moratorium cannot be in place indefinitely.
MOTION: Rep. Moyle made a motion to introduce RS 12978 and refer it to the Local
Government Committee. By voice vote, the motion passed.
ADJOURN: There being no further business, the meeting was adjourned at 3:55 p.m.






DATE: February 17, 2003
TIME: 8:15 a.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Jaquet,
Boe, Henbest
ABSENT/

EXCUSED:

GUESTS:
Rep. Meyer called the meeting to order at 8:15 a.m. A motion was made
by Rep. Ellsworth to accept the minutes of February 11, 2003. By voice
vote, the motion passed.
RS 13021: Mark Benson, Potlatch Corp., stated this legislation deals with liability
protection of private landowners who provide public access to their lands.
The current law holds landowners harmless if someone is injured while
recreating on their land and have not paid for the right to recreate.
Potlatch Corp. has identified 600,000 acres which can be designated as
conservation easements. The company has always allowed citizens to
use their land. They are under increasing pressure to lease their
property. To avoid this pressure, Potlatch Corp. will use conservation
easements. This bill will allow some protection of liability when there isn’t
a public easement.
MOTION: Rep. Moyle made a motion to introduce RS 13021 and refer it to
Resources & Conservation Committee. By voice vote, the motion passed.
RS 12845: Rep. Jaquet advised the committee this Joint Resolution makes a change
in the process used to fill vacancies on the Supreme Court, Court of
Appeals and District Courts. Presently the Idaho Judicial Council, a non-partisian merit selection body, makes selections from which the Governor
makes his choice. This resolution will add a new section to the Idaho
Constitution, if approved by voters, that would create a “constitutional”
judicial council. They would suggest two to four candidates from which
the Governor would select one. A “retention” election would follow giving
the voters the decision to retain the justice or judge. If the person is not
retained, the selection process begins again.
MOTION: Rep. Henbest made a motion to introduce RS 12845 and refer it to
Judiciary & Rules Committee. By voice vote, the motion passed.
RS 12885C1 Rep. Barrett stated this bill dealt with forced annexation, a property rights
issue. Presently, the legislation passed last year dealing with this issue is
being challenged as unconstitutional. This RS is clearer, more concise
and fair to both sides. It will protect individuals and their rights. Should
the committee introduce the RS, Rep. Barrett would like to have it referred
to Local Government. At that time, she plans to hold informational
meetings with individuals in attendance who could speak to the legal
aspect of the RS. Rep. Jaquet asked what changes were made to the
original RS. Rep. Barrett advised the committee that the change dealt
with the voting procedure and number of qualified voters required to put
the annexation to a vote.
MOTION: Rep. Ellsworth made a motion to introduce RS 12885C1 and refer it to
Local Government. By voice vote, the motion passed.
RS 12965: Rep. Barrett told the committee this Joint Memorial provides support to
our Congressional delegation to promote creation of a new circuit of the
United States Court of Appeals.
MOTION: Rep. Moyle made a motion to introduce RS 12965. Reps. Jaquet, Boe
and Henbest were against the RS because of what they felt was
inflammatory language.
SUBSTITUTE

MOTION:

Rep. Jaquet made a substitute motion to return RS 12965 to the sponsor
so the bill could be written in a more neutral tone. Rep. Denney reminded
the committee that several of the 9th Circuit Court of Appeals decisions
have been overturned by the Supreme Court and the bill should go
forward as written. Rep. Moyle called for a roll call vote. Reps. Denney,
Moyle, Ellsworth and Chairman Meyer voted no. Reps. Jaquet, Boe and
Henbest voted aye. Motion failed.
ORIGINAL
MOTION:
Chairman Meyer called for a vote on the original motion. By voice vote,
the motion passed.
RS 13036: Rep. Wood stated she worked with landowners, counties and Boards of
County Commissioners on this legislation. She pointed out that originally
she had 60 days in the bill for the Board to make a determination on the
right-of-way. The Board wanted 120 days; she settled on 90 days as
shown on page 7, line 18. Page 7, line 27, makes note of special
conditions on public access, as appropriate. Rep. Wood pointed out that
Page 7, line 31, deals with relocating portions of the right-of-way within
the boundaries of the affected property. The landowners provided the
language dealing with judicial review on page 7, lines 42-51. The
procedure dealing with endowment lands is found on page 8, beginning
with line 1. Rep. Jaquet questioned why there wasn’t any fiscal impact.
Rep. Wood said the Association of Counties advised her these matters
would be handled on their normal meeting agendas. The Department of
Lands indicated they would use a current employee.
MOTION: Rep. Denney made a motion to introduce RS 13036 and refer it to the
Transportation & Defense Committee. By voice vote, the motion passed.
ADJOURN: There being no further business to come before the committee, the
meeting was adjourned at 8:45 a.m.






DATE: February 19, 2003
TIME: 12:30 p.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Boe,
Henbest
ABSENT/

EXCUSED:

Rep. Jaquet
GUESTS:
Chairman Meyer called the meeting to order at 12:30 p.m. Rep. Henbest
made a motion to accept the minutes of February 17, 2003, with a
correction that adds the word “that” on page 2, line 6. The sentence will
read: “Rep. Barrett advised the committee that the change……”.
RS 13009C2: Rep. Wood stated this legislation allows annual overweight permits in
excess of 105,000 pounds and not to exceed 129,000 pounds. Written at
the request of the commodity haulers, this RS will allow larger loads
making the haulers more efficient and cost effective. Other states in our
vicinity (Montana, Wyoming, Utah, Nevada) allow for larger loads. Rep.
Wood provided the committee with a map of the proposed routes to be
affected by this legislation.
MOTION: Rep. Ellsworth made a motion to introduce RS 13009C2 and refer to the
Transportation Committee. By voice vote, the motion passed.
RS 13016: Rep. Wood told the committee this Memorial was requested by Idaho’s
Congressional Delegation. It requests that the freeze imposed by the
1991 Intermodal Surface Transportation Act (T-21) be lifted. T-21 freezes
a state’s right to determine truck combination weight on the Interstate
Highway System within their respective jurisdictions. In response to
questions, Rep. Wood stated the proposed roads would not be harmed by
the added load weight, nor would lifting the freeze effect the number of
trailers being pulled by a truck.
MOTION: Rep. Moyle made the motion to introduce RS 13016 and refer to the
Transportation Committee. By voice vote, the motion passed.
RS 13019: Rep. Wood advised the committee this legislation authorizes creation of
an interim committee to study truck routes in northern Idaho from
Bonner’s Ferry to Grangeville for the possible addition of routes for
vehicles with loads up to 129,000. This RS was created at the suggestion
of the Speaker. Some people in southeastern Idaho are in favor of
heavier weights by adding an extra axle to trucks while some people in
northern Idaho are against such a move. Rep. Henbest questioned why
the fiscal impact did not list a dollar cost for the study and would like to
see a value listed. Rep. Wood said she had no objection.
MOTION: Rep. Ellsworth made a motion to introduce RS 13019 with a correction to
the fiscal impact and refer to the Transportation Committee. By voice
vote, the motion passed.
RS 13045: Rep. Stevenson told the committee this legislation addresses questions
the public has raised regarding their opportunity for input when decisions
are made regarding siting certain confined animal feeding operations.
This RS requires at least a minimum of one public hearing held by the
County Board of Commissioners before they make their decision as to a
siting. The Board has the final say on siting, however, the size of the site
is based on Idaho Code.
MOTION: Rep. Denney made a motion to introduce RS 13045. By voice vote, the
motion passed.
RS 13046: Rep. Stevenson advised the committee this RS clarifies the scope of the
“local public interest” review in water rights applications. When
considering water permits, the Department of Water Resources will take
into account local public interest of those affected by the application. This
legislation cannot be used to create minimum stream flows (Idaho Code
Chapter 15, Title 42). Page 3, beginning on line 42, deals with adverse
effects.
MOTION: Rep. Moyle made a motion to introduce RS 13046 and refer to Resources
& Conservation. Reps. Henbest and Boe indicated they would vote no.
By voice vote, the motion passed.
ADJOURN: There being no further business to come before the committee, the
meeting was adjourned at 1:53 p.m.






DATE: February 24, 2003
TIME: 8:05 a.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Jaquet, Boe
ABSENT/

EXCUSED:

Rep. Henbest
GUESTS:
Chairman Meyer called the meeting to order at 8:05 a.m. Rep. Ellsworth
made a motion to accept the minutes of February 19, 2003. By voice
vote, the motion passed.
RS 13056C1 Rep. Stevenson stated this legislation, with the support of the Office of
Species Conservation, the Governor’s office and Fish and Game, will
allow for orderly transition of gray wolves from federal management to
state management. The Office of Species Conservation shall be the lead
agency for this transition with assistance from Fish & Game, who will help
expedite the transition.
MOTION: Rep. Ellsworth made a motion to introduce RS 13056C1 and refer it to
Resources and Conservation. Rep. Jaquet spoke against the legislation
stating she felt some language was unnecessary, disliked discussion in
the bill regarding depredation, and felt there was no tourism in the bill.
Rep. Boe questioned whether this management included Yellowstone
wolves. Rep. Stevenson advised the committee that some Yellowstone
wolves were introduced in Idaho and would be included in this
management proposal. By voice vote, the motion passed.
RS 13052: Chairman Meyer asked the committee for their approval allowing him to
address this RS. Request was granted. Chairman Meyer stated this
concurrent resolution rejects certain rules of the Department of
Environmental Quality with respect to control of air pollution in Idaho.
Rep. Meyer requested this legislation be sent to the second reading
calendar.
MOTION: Rep. Moyle made a motion to introduce RS 13052 and send it to the
second reading calendar. Rep. Jaquet requested information on what
was rejected by Environmental Affairs Committee’s. Rep. Meyer stated
he did not have the rejected wording, but assured Rep. Jaquet that the
committee unanimously approved these changes. By voice vote, the
motion passed.
RS 13070: Rep. Moyle referred discussion of this legislation to Mr. Steve Tobiason,
Idaho Outfitters & Guides Licensing Board. Mr. Tobiason stated this RS
replaces two bills that were before Resources & Conservation. This
legislation addresses the concerns voiced in committee by modifying and
clarifying language. The RS provides injunctive relief for violations to the
Idaho Outfitters and Guides Licensing Act. He asked that the RS be
referred to Resources and Conservation.
MOTION: Rep. Denney made the motion to introduce RS 13070 and refer it to
Resources and Conservation. By voice vote, the motion passed.
ADJOURN: There being no other business to come before the committee, the meeting
was adjourned at 8:15 a.m.






DATE: February 25, 2003
TIME: 8:05 a.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Jaquet,
Boe, Henbest
ABSENT/

EXCUSED:

GUESTS:
Chairman Meyer called the meeting to order at 8:05 a.m. Rep. Jaquet
made a motion to accept the minutes of February 24, 2003, with a change
on page 1, line 4, under the Motion portion of RS 13056C1 changing the
word “truism” to “tourism”. By voice vote, the motion passed.
RS 13090: Michael Kane, Idaho Sheriffs Association, stated this RS replaces H258,
which is held in State Affairs. After the bill was introduced in that
committee, PUC wanted language removed because of a problem with
one of the land line companies. As in H258, this RS would impose a local
option fee of no more than $1.00/month for wireless service which would
be used by the counties for 911 emergency communication services.
This is the same requirement imposed on land line telephone service. Mr.
Kane requested the committee introduce the RS and refer it to State
Affairs.
MOTION: Rep. Jaquet made a motion to introduce RS 13090 and refer it to State
Affairs. Responding to questions, Mr. Kane stated there were 600,000
cell phones in the state, but the funds raised would be less than $600,000
because some counties charged less than the $1.00 maximum fee. Of
the 44 Idaho counties, 34 already have a self-imposed fee. Ada County
Sheriff, Vaughn Killeen, stated the first phase of the 911 systems would
provide the dispatcher with a cell phone number, and phase 2 would give
the dispatcher the location of the cell phone. Mr. Kane advised the
committee these phases are federal mandates and the vendors must be
prepared to provide the capability if the public requires it. By voice vote,
the motion passed.
ADJOURN: There being no further business to come before the committee, the
meeting was adjourned at 8:17 a.m.






DATE: February 26, 2003
TIME: 8:05 a.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Jaquet,
Boe, Henbest
ABSENT/

EXCUSED:

GUESTS:
Chairman Meyer called the meeting to order at 8:05 a.m.
RS 13034C1 Rep. Wills advised the committee that failure to use a safety restraint is
still a secondary offense. This RS provides that any person 18 or older
can be cited if they aren’t wearing a safety restraint; if the driver is 18 or
older and the occupants are under 18, the driver may be issued one
citation; and, if a driver is under 18 and the occupants are under 18 and
the driver or any under 18 occupant is not wearing a safety restraint, a
single citation can be issued. Lastly, the current $5.00 fine will be
increased to $10.00, with the additional $5.00 deposited in the State’s
catastrophic health care fund. Enforcement can only be accomplished if
the driver is stopped for a suspected violation of another law. Rep.
Henbest expressed support for the measure citing her belief that the
citation should be a primary offense instead of a moving violation.
MOTION: Rep. Moyle made a motion to introduce RS 13034C1 with a change to the
Statement of Purpose on line 3 changing “yearfs” to “years” and refer it to
the Transportation and Defense Committee. By voice vote, the motion
passed.
ADJOURN: There being no further business to come before the committee, the
meeting was adjourned at 8:10 a.m.






DATE: February 28, 2003
TIME: 10:20 a.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Jaquet,
Boe, Henbest
ABSENT/

EXCUSED:

GUESTS:
Chairman Meyer called the meeting to order at 10:20 a.m. Rep. Henbest
made a motion to accept the minutes of February 25 and February 26,
2003. By voice vote, the motion passed.
RS 13023C1: Rep. Denney explained that this legislation deals with expenditure of
public fund because tax dollars should not be used for political purposes.
Changes were made to the original bill in order not to effect all
associations and agencies. In going through the bill, Rep. Denney
pointed out that on page 2 education and influence is defined. Rep.
Denney pointed out that on page 2, line 38, the sentence beginning
“Influence does not include….” was put into the bill to exempt some
bodies so they can use their associations for political purposes but cannot
use public funds. Page 3, line 30, starting with “However….” defines
public funds with respect to the state or any subdivision of the state to
associations for membership fees or services. In response to a question
regarding auditorium districts, Rep. Denney advised the committee they
are not exempt. It was suggested that the bill be amended to include
language regarding the auditorium districts to read “population under
20,000 – use property tax” and “population over 20,000-use bed tax”.
Rep. Denney stated that could be handled when heard by the State
Affairs Committee.
MOTION: Rep. Ellsworth made a motion to introduce RS 13023C1 and refer it to
State Affairs Committee. By voice vote, the motion passed.
RS 13076: Rep. Lake said the Statement of Purpose gave a very good explanation of
the bill and proceeded to explain several sections. He emphasized that
contributions to a labor organization would be voluntary on the part of an
employee, and the contribution cannot be deducted from an employee’s
paycheck but must be made directly to the organization receiving the
contribution. In response to a question regarding the emergency clause,
he stated he had no idea why it was included. When questioned why
corporations are not included and labor organizations seem to be singled
out, Rep. Lake stated corporations do not make deductions from
paychecks and PAC’s make financial disclosures of contributions.
MOTION: Rep. Denney made a motion to introduce RS 13076 without the
emergency clause and refer it to Commerce and Human Resources. By
voice vote, the motion passed.
RS 13113: Rep. Jaquet stated this interim committee would do a complete study of
judicial elections. Rep. Boe stated she was a member of a committee
which studied financing of judicial elections and thought this study made
sense because it would be a comprehensive approach to the issue.
MOTION: Rep. Boe made a motion to introduce RS 13113 and refer it to Judiciary
and Rules Committee. By voice vote, the motion passed.
ADJOURN: There being no further business to come before the committee, the
meeting was adjourned at 10:45 a.m.






DATE: March 4, 2003
TIME: 11:58 a.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Jaquet,
Boe, Henbest
ABSENT/

EXCUSED:

GUESTS:
Chairman Meyer called the meeting to order at 11:58 a.m.
RS 13138: Rep. Lake informed the committee that this RS replaces HB 316.
Members of the House Commerce and Human Resources Committee
found a drafting error in HB 316, therefore, this RS makes the necessary
corrections. Those corrections are on page 2, line 34 and 36, and page
3, line 34 and 36, adding the words “orally or” . Rep. Jaquet spoke in
opposition to the entire RS. Rep. Lake emphasized that this RS inhibits
payroll contributions to groups using the funds for political purposes.
MOTION: Rep. Denney made a motion to introduce RS 13138 and send it to the
second reading calendar.
SUBSTITUTE

MOTION:

Rep. Jaquet made a substitute motion to amend the RS based on her
hand-out to the committee. She stated the amendment would change the
definition of “membership”. By voice vote, the substitute motion failed.
ORIGINAL
MOTION:
Chairman Meyer called for a vote on the original motion. By voice vote,
the motion passed. A question was raised regarding the process used to
hear this RS and the possibility this was done to circumvent the
committee process. Rep. Denney responded stating the amendments

were recommended by the Commerce and Human Resources Committee
and rather than take HB 316 to the amending order, it was decided this
would be a quicker route.

ADJOURN: There being no further business to come before the committee, the
meeting was adjourned at 12:09 p.m.






DATE: March 5, 2003
TIME: 12:08 p.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Jaquet,
Boe, Henbest
ABSENT/

EXCUSED:

GUESTS:
Chairman Meyer called the meeting to order at 12:08 p.m. Rep. Denney
made a motion to accept the minutes of February 28, 2003, and March 4,
2003. By voice vote, the motion passed.
RS 13083: Chairman Meyer told the committee this RS deals with liquor by the drink.
Only the counties have the ability to pass an ordinance which would
extend hours for liquor by the drink. Cities only have the ability to lessen
the hours allowed for liquor by the drink. This legislation will allow cities
to extend hours.
MOTION: Rep. Jaquet made a motion to introduce RS 13083. By voice vote, the
motion passed.
RS 13103: Mike Brassey, Alliance of American Insurers, explained to the committee
that state insurance funds, such as the Idaho State Insurance Fund, have
tax-exempt status under Federal tax code. Recently there has been a
move by other states’ insurance funds to compete in insurance markets
outside their home state. This legislation clarifies that state insurance
funds that are privatized can compete in the Idaho market. However,
those state funds that continue to receive the advantage of federal tax-exempt status would not be allowed to operate in Idaho. He asked that
the bill be referred to the Business Committee.
MOTION: Rep. Moyle made a motion to introduce RS 13103 and refer it to the
Business Committee. By voice vote, the motion passed.
RS 13105: Patricia Tobias, Idaho Supreme Court, advised the committee this RS
gives the sentencing judge discretion as to whether or not a substance
abuse evaluation is necessary. In lieu of a substance abuse evaluation,
the sentencing judge would have other information available to him to
make a decision. Ms. Tobias asked that the bill be referred to the
Judiciary and Rules Committee.
MOTION: Rep. Jaquet made a motion to introduce RS 13105 and refer it to the
Judiciary and Rules Committee. By voice vote, the motion passed.
RS 13107: Patricia Tobias, Idaho Supreme Court, stated this RS was similar to RS
13105
. This proposed legislation deals with first time DUI cases. Under
certain circumstances the sentencing judge has information needed to
make a sentencing decision without obtaining an alcohol abuse
evaluation, therefore, the evaluation can be waived. Ms. Tobias
requested the bill be referred to the Judiciary and Rules Committee.
MOTION: Rep. Jaquet made a motion to introduce RS 13107 and refer it to the
Judiciary and Rules Committee. Rep. Henbest questioned the
consistency of this evaluation’s use from court to court. Ms. Tobias said
Supreme Court rules provide for consistency. This legislation sets out
what is needed prior to sentencing approval. By voice vote, the motion
passed.
RS 13108: Patricia Tobias, Idaho Supreme Court, stated this RS proposes that clerks
of courts be allowed to take credit and debit cards from users of the court
system to pay court charges. It sets up a convenience fee section. Ms.
Tobias requested this RS be referred to the Judiciary and Rules
Committee.
MOTION: Rep. Boe made a motion to introduce RS 13108 and refer it to the
Judiciary and Rules Committee. By voice vote, the motion passed.
RS 13118: Patricia Tobias, Idaho Supreme Court, advised the committee this RS
sets up a tax intercept provision in an effort to increase collections of
money due and owing to courts. This is similar to the process in place
with the State Tax Commission for collection of child support. Rep.
Jaquet asked if this was a recommendation of the Governor’s Blue
Ribbon Task Force. Ms. Tobias said she was not aware of such a
recommendation.
MOTION: Rep. Jaquet made a motion to introduce RS 13118. By voice vote, the
motion passed.
RS 13137: Chairman Meyer introduced Phil Hart, Remington Water District, and
asked he be allowed to discuss this proposed legislation. Mr. Hart stated
his district was unable to reach some of their facilities because private
roads were not cleared of snow by the residents. This proposed
legislation would allow sewer and water districts to plow those roads. His
water district proposed to increase the fee to provide funds to plow those
roads. This must be handled by a public hearing if the increase is more
than $1.00; the proposal was an increase of $3.50/customer/month.
Seventy percent were in favor; 30% were not. Because of threatened
lawsuits, the district did not pursue the problem. With this legislation,
sewer and water districts would add to the existing powers of these
boards to handle snow removal problems. Discussion was held regarding
the monthly fee increase and those who would be required to pay the fee.
MOTION: Rep. Denney made a motion to introduce RS 13137 and refer it to the
Local Government Committee. By voice vote, the motion passed.
ADJOURN: There being no further business to come before the committee, the
meeting was adjourned at 12:28 p.m.






DATE: March 12, 2003
TIME: 8:05 a.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Jaquet,
Boe, Henbest
ABSENT/

EXCUSED:

GUESTS:
Chairman Meyer called the meeting to order at 8:05 a.m. Rep. Jaquet
made a motion to accept the minutes of March 5, 2003. By voice vote,
the motion passed.
RS 13166: Rep. Jones stated this RS is a compromise between two pieces of
legislation, HB 226 and HB 227, dealing with improper burning of crop
residue. Based on a request received from the Environmental Protection
Agency (EPA) regarding the lack of a penalty clause in the bills, this RS
will remedy the omission. If anyone who engages in field burning does
not follow provisions in Idaho Code, the penalty consists of a loss of
burning privileges for one year. A second offense within three years will
result in a fine not to exceed $10,000. The monetary fine will be placed in
the Smoke Management Account. Rep. Jones pointed out that on section
5, page 2, starting on line 36, anyone who complies with the code
provisions will be protected from certain private lawsuits. Rep. Henbest
asked for clarification regarding the one year penalty; what stops a farmer
from burning his field(s) one day after the end of the penalty and,
therefore, making the one year penalty less effective. Rep. Jones stated
there were other parts of the Code which must also be followed and, if
not, could result in a second violation and the $10,000 fine. Rep. Boe
questioned if this legislation might one day apply to the rest of Idaho.
Rep. Jones stated Idaho Code was in place and could be used in other
parts of the state, however, that would mean the Department of
Environmental Quality (DEQ) and the Department of Agriculture would
need additional employees. The biggest field burning problem lies within
Kootenai and Benewah counties and that is why this RS deals with those
to areas. Chairman Meyer advised the committee the farmers in the two
counties are in compliance and agree with this RS. In answer to a
question regarding the Smoke Management Account, Rep. Jones stated
that 4804, Idaho Code, lists the uses for these funds. In response to
questions put forward by Rep. Moyle regarding EPA’s participation, Rep.
Jones told the committee it was a conscious choice to handle their
request with this RS action and hopefully continue to allow the state to
handle the issue of field burning. In existing Idaho Code, DEQ is
responsible for clear air emissions.
MOTION: Rep. Ellsworth made a motion to introduce RS 13166 and refer it to the
Agricultural Affairs Committee. By voice vote, the motion passed.
RS 13168: Carl Bianchi, Legislative Services, stated that during the rules review
process the Senate Health and Welfare Committee introduced SCR 107,
which rejected the rules for the Commission on Aging. In actuality, the
committee wanted to reject a sub-section. This RS will reject that
particular sub-section.
MOTION: Rep. Jaquet made a motion to introduce RS 13168 and refer it to the
Health and Welfare Committee. By voice vote, the motion passed.
ADJOURN: There being no further business to come before the committee, the
meeting was adjourned at 8:18 a.m.






DATE: March 13, 2003
TIME: 12:48 p.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Jaquet,
Boe, Henbest
ABSENT/

EXCUSED:

GUESTS:
Chairman Meyer called the meeting to order at 12:48 p.m. Rep. Jaquet
made a motion to accept the minutes of March 12, 2003. By voice vote,
the motion passed.
RS 13110C3: Rep. Eberle explained to the committee that this legislation clarifies the
intent language in 39-3804, Idaho Code, regarding immunizations.
School districts are not informing parents that students must be admitted
to school even if they do not meet the immunizations requirement.
MOTION: Rep. Moyle made a motion to introduce RS 13110C3 and refer it to the
Health and Welfare Committee. Rep. Henbest raised questions about
other instances when a person may be required to have an immunization
(application for employment or emergency hospital visit). Rep. Eberle
stated his only concern dealt with student immunizations. Rep. Jaquet
felt the fiscal impact needed to be further examined due to the cost of the
forms needed to inform parents of their option
SUBSTITUTE
MOTION:
Rep. Henbest made a substitute motion to introduce RS 13110C3 with the
following changes: line 20 after word “No” insert “public schools” and
delete “medical establishment, or other facility” and on line 23 insert
public” before the word “school” and delete “medical or other facility”. She
said this change would make it possible for physician offices to refuse
treatment to someone who has not been immunized. Rep. Eberle stated
he would accept the changes.
AMENDED
SUBSTITUTE
MOTION:
Rep. Jaquet made an amended substitute motion to return RS 13110C3
to the sponsor in order to have a more specific amount on the fiscal
impact. Chairman Meyer called for a vote on the amended substitute
motion. By voice vote, the motion failed.
SUBSTITUTE
MOTION:
Chairman Meyer called for a vote on the substitute motion. By voice vote,
the motion failed.
ORIGINAL
MOTION:
Chairman Meyer called for a vote on the original motion. By voice vote,
the motion passed.
RS 13187: Rep. Field (18) advised the committee the Family and Drug Courts have
proven to be one of the successes in state government. This legislation
would allow a revision to the amount of the liquor surcharge from the
State Liquor Dispensary to be placed in a Drug and Family Court Services
Fund established by this legislation. The amount of goods sold in the
dispensary would have a surcharge of 2% of the current price per unit.
This amount would be collected and credited to the Fund on a monthly
basis.
MOTION: Rep. Henbest made a motion to introduce RS 13187. By voice vote, the
motion passed.
ADJOURN: There being no further business to come before the committee, the
meeting was adjourned at 1:05 p.m.






DATE: March 17, 2003
TIME: 12:08 p.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Jaquet,
Boe, Henbest
ABSENT/

EXCUSED:

GUESTS:
Chairman Meyer called the meeting to order at 12:08 p.m. Rep. Henbest
made a motion to accept the minutes of March 13, 2003. By voice vote,
the motion passed.
RS 12948: Rep. Harwood explained this legislation is a joint memorial asking the
U.S. Congress to remove the U.S. from the United Nations. He cited the
lack of support against terrorism and Iraq by France and Germany. Rep.
Jaquet expressed concern that our state legislature was getting involved
in international affairs.
MOTION: Rep. Jaquet made a motion to return RS 12948 to the sponsor. Reps.
Boe and Henbest spoke in favor of the motion citing the need to address
state problems currently before the Legislature.
SUBSTITUTE

MOTION:

Rep. Moyle made a substitute motion to introduce RS 12948. By voice
vote, the motion passed.
RS 13146C2 Rep. Wood stated this is another attempt to respond to questions
regarding federally granted 2477 rights-of-way. This RS takes out
language referring to bodies of water; adds wording relating to alternate
access of county roads; adds language regarding judicial review. Rep.
Wood stated this RS would replace HB 275.
MOTION: Rep. Denney made a motion to introduce RS 13146C2 and send it to the
second reading calendar. When questioned about sending it to the
Transportation and Defense Committee for a hearing, Rep. Wood stated
all members except two voted in favor of the original bill. Those who are
against the bill will continue to do so because they believe 2477 should
stay under Highway Law 42-203. By voice vote, the motion passed.
RS 13172C2 Sen. Cameron stated this RS is a collaborative effort, which spanned the
last three years, dealing with the under-insured in Idaho. The bill would
give families of children eligible for the CHIP program a choice between
enrolling their children in CHIP or enrolling them in a new Health
Insurance Access Card program. The access card is a premium
assistance program that would provide support for purchase of
commercial insurance (either employer-sponsored or individual plans)
The legislation would do three things: (1) expand the current CHIP
program from 150% of poverty level to 185%; (2) introduce a concept of
helping people to purchase insurance with the aid of an access card (card
worth $100/month/child to a maximum of three children/family); (3) be a
pilot project for adults to access CHIPS coverage through the access card
program with a cap of 1,000 participants the first year. Effective date for
the children’s portion of the program is July, 2004, and the adult portion
date is 2005. This would be funded through future premium tax receipts
(after deductions authorized in the bill, if the premium tax remaining
exceeds $45 million, that excess will be paid to the Idaho high risk
individual insurance pool, and 1/4 of such excess above $55 million will
be placed in a deposited into a trust account established within CHIPs
and matched by the Federal government on an 80%/20% basis. When
asked what would happen if the funds didn’t materialize, Sen. Cameron
pointed out the figures are based on premiums of insurance and not the
economy and the amount should continue to rise because premiums
continue to rise. Also, it is hoped we might obtain grants and other funds.
He noted there aren’t any states using the access card or voucher
approach. When asked about Medicaid block grants, Sen. Cameron
stated this program would not be effected by those grants.
MOTION: Rep. Henbest made a motion to introduce RS 13172C2. Speaking in
favor of her motion, she stated she was on the original committee dealing
with this issue with Sen. Cameron. This will bridge gap between public
programs and those who can’t afford traditional insurance programs. By
voice vote, the motion passed.
RS 13198: Rep. Miller stated that presently pari-mutuel wagering is done by phone or
other electronic means with business outside of Idaho. This legislation
authorizes advance deposit wagering in the state of Idaho and clarifies
that the Idaho Racing Commission shall regulate this activity. This would
assure that the money would be subject to the withholdings described in

Idaho Code, 54-2513. This legislation would also allow out-of-state
business that specialize in advance deposit wagering to do business in
Idaho and to submit 10% of the handle wagered by Idaho residents to the
Idaho Racing Commission for distribution. This bill would not allow
expansion of pari-mutuel wagering in the state. When questioned about
the ability to tell non-residents from residents when placing such wagers,
Rep. Miller said that would be done by computer.

MOTION: Rep. Jaquet made a motion to introduce RS 13198 and refer it to State
Affairs Committee.
ADJOURN: There being no further business to come before the committee, the
meeting was adjourned at 12:45 p.m.






DATE: March 20, 2003
TIME: 8:05 a.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Jaquet,
Boe, Henbest
ABSENT/

EXCUSED:

GUESTS:
Chairman Meyer called the meeting to order at 8:05 a.m. Rep. Jaquet
made a motion to accept the minutes of March 17, 2003. By voice vote,
the motion passed.
RS 12740: Rep. Denney stated this resolution expresses Idaho’s support for
President Bush’s decision to remove Saddam Hussein from power and to
our troops for their courage during this conflict.
MOTION: Rep. Moyle made a motion to introduce RS 12740 and send it to the
second reading calendar. Rep. Boe spoke in opposition stating she could
support the troops but not President Bush’s decision to go to war. By
voice vote, the motion passed.
RS 13044: Rep. Mitchell stated this legislation would make it necessary for insurers
to notify the Director of the Department of Insurance of any request for a
rate increase. Rep. Mitchell requested the committee introduce this RS
and refer it to the Business Committee. He does not want this legislation
to move forward from there, but hops it will open the door to discussion.
MOTION: Rep. Jaquet made a motion to introduce RS 13044 and refer it to the
Business Committee. By voice vote, the motion passed. Rep. Mitchell
advised the committee that the fiscal impact was written by the
Department of Insurance and based on their figures.
RS 13193C2: Rep. Roberts stated this legislation amends Idaho Code 36-1107 enabling
private property owners to protect their personal property and human life
from the depredation of black bears, wolves, and mountain lions. Rep.
Roberts pointed out that the sentence on page 2, line 33, beginning with
the words “All individuals may take…….” is the key statement in the
legislation. He also noted that no where in Idaho statute does it state
what a private property owner can do to protect himself when these
animals present an imminent danger. The Idaho Constitution, Article 1,
Section 1, speaks to defending your private property. With input from the
Office of Species Conservation, the grizzly bear was removed from
language on page 2, lines 24-29, because the Grizzly Bear Plan does not
allow for defense against this animal when defending private property.
Rep. Jaquet questioned the possible removal of wolves from the
endangered list to the threatened category. Rep. Denney clarified that
this change in the wolf’s status would not effect Idaho.
MOTION: Rep. Ellsworth made a motion to introduce RS 13193C2 and refer it to
Resources and Conservation Committee. In answer to a question about
the definition of private property, Rep. Roberts stated the animal has to
damage personal property. By voice vote, the motion passed.
RS 13209C1: Rep. Harwood stated this is a replacement for HJM 6. He advised the
committee he re-worked the Statement of Purpose to make it more
“Jaquet friendly”. According to his figures, there have been seventeen
resolutions before the United Nations with respect to Iraq and none were
acted upon. Discussion ensued regarding the United Nation’s role in
other endeavors (children and refugees), the economic impact on New
York City, the need for the Legislature to focus on Idaho’s budget
problems.
MOTION: Rep. Jaquet made a motion to return RS 13209C1 to the sponsor.
SUBSTITUTE

MOTION:

Rep. Denney made a substitute motion to introduce RS 13209C1. In
defense of his motion, Rep. Denney stated this is an issue we need to
discuss and it’s in our best interest to have that discussion. Chairman
Meyer called for a vote on the substitute motion. By voice vote, the
substitute motion passed. Reps. Jaquet, Boe, and Henbest asked to be
recorded as voting nay.
ADJOURN: There being no other business to come before the committee, the meeting
adjourned at 8:33 a.m.






DATE: March 24, 2003
TIME: 8:07 a.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Jaquet, Boe
ABSENT/

EXCUSED:

Rep. Henbest
GUESTS:
Chairman Meyer called the meeting to order at 8:07 a.m. Rep. Jaquet
made a motion to accept the minutes of March 20, 2003. By voice vote,
the motion passed.
RS 13206: Rep. Wood stated this memorial to Congress states Idaho’s concern
regarding actions being taken to close back country airstrips. The RS
urges support of House Resolution 1363 and Senate Bill No. 68. Rep.
Wood advised the committee that lines 26-43 point out methods being
used by the Federal government to close these airstrips. She noted
further that Idaho values these airstrips of which 44 out of 50 are on
federal managed lands. Rep. Wood requested this RS be sent to the
second reading calendar.
MOTION: Rep. Moyle made a motion to introduce RS 13206 and send it to the
second reading calendar. By voice vote, the motion passed.
RS 13224: Rep. Ellsworth stated this legislation makes it necessary for the State
Lottery to go through a competitive bidding process for all procurement
decisions.
MOTION: Rep. Moyle made a motion to introduce RS 13224 and refer it to the State
Affairs Committee. By voice vote, the motion passed.
SCR 103 Rep. Stevenson stated this concurrent resolution authorizes an interim
committee which will study natural resource issues. Rep. Stevenson
specifically pointed out that the negotiation of a settlement of the Nez
Perce tribal claims in the Snake River Basin Adjudication and
authorization for the use of 427,000 acre feet of Idaho water for salmon
recovery must be monitored.
MOTION: Rep. Jaquet made a motion to send SCR 103 to the second reading
calendar. Rep. Jaquet stated this legislation was an interim committee
chosen by legislative leadership for funding, and it should be expedited.
By voice vote, the motion passed.
ADJOURN: There being no further business to come before the committee, the
meeting was adjourned at 8:17 a.m.






DATE: March 25, 2003
TIME: 12:28 p.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Jaquet,
Boe, Cuddy
ABSENT/

EXCUSED:

GUESTS:
Chairman Meyer called the meeting to order at 12:28 p.m. Rep. Ellsworth
made a motion to accept the minutes of March 24, 2003. By voice vote,
the motion passed. It is noted that Rep. Cuddy is now serving as Minority
Caucus Chair.
RS 13227: Rep. Jones stated this is the newest legislation dealing with smoke
management and crop residue disposal. This RS has been discussed
with Mike Bogart, Governor’s attorney, Jim Yost, attorney for the Food
Producers of Idaho, and all interested groups including those opposed.
Presently the state of Idaho is involved in a $10 million class action suit
dealing with smoke management. Rep. Jones advised the committee he
would like this RS introduced and sent to the Agricultural Committee for a
hearing tomorrow.
MOTION: Rep. Boe made a motion to introduce RS 13227 and refer it to the
Agricultural Committee. Rep. Jaquet stated she would not vote in favor of
this legislation because the operation and enforcement would move from
the Department of Environmental Quality to the Department of Agriculture.
People in her district have had problems with the Department of
Agriculture’s enforcement on other issues. Rep. Cuddy stated he would
be voting yes, but he would like to see the words “and federal land” be
inserted. He based this request on information that the Federal
government would be burning several acres of forested land. By voice
vote, the motion passed. Rep. Jaquet asked to be recorded as voting
nay.
RS 13228: Roger Simmons, Director, Idaho State Lottery, deferred to Clinton Miner,
Attorney General’s Office. Mr. Miner stated this legislation has been
written as a result of rule changes made two years ago. It clarifies in
statute what an organization must do to create a paper trail which allows
the State Lottery the ability to track players, inventory and use of bingo
paper on a per session basis. Rep. Jaquet asked if this was a re-write of
a pre-filed bill, to which Mr. Miner responded no. Rep. Boe asked who
would be affected by this legislation. Mr. Miner stated licensed operators
who do $10,000 gross sales per year. The state has no authority with



respect to bingo on tribal lands. He asked that the RS be referred to the
State Affairs Committee.

MOTION: Rep. Ellsworth made a motion to introduce RS 13228 and refer it to the
State Affairs Committee. By voice vote, the motion passed.
ADJOURN: There being no further business to come before the committee, the
meeting was adjourned at 12:43 p.m.






DATE: March 26, 2003
TIME: 8:08 a.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Jaquet,
Boe, Cuddy
ABSENT/

EXCUSED:

GUESTS:
Chairman Meyer called the meeting to order at 8:08 a.m.
RS 13237: Carl Bianchi, Legislative Services, stated this legislation is a replacement
for HCR 13, which has already passed the House without opposition.
However, there is a problem with the language in HCR 13, which makes
the legislation sound like it will be included in statute. A resolution should
use language to encourage, support and request, which is done in this
RS. This resolution encourages the Council on Developmental
Disabilities to convene a Task Force to develop a Medicaid model waiver
that would allow 200 adults with developmental disabilities to choose a
different way of receiving services. Both the Chairman of the Health and
Welfare Committee and the Council are comfortable with the language in
this RS.
MOTION: Rep. Jaquet made a motion to introduce RS 13237 and refer it to the
second reading calendar. He advised the committee that HCR 13 had
reached the Senate Floor, but it has been returned to the Senate Health
and Welfare Committee. By voice vote, the motion passed.
ADJOURN: There being no further business to come before the committee, the
meeting was adjourned at 8:11 a.m.







DATE: March 28, 2003
TIME: 11:50 a.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Jaquet, Boe, Cuddy
ABSENT/

EXCUSED:

Rep. Ellsworth
GUESTS:
Chairman Meyer called the meeting to order at 11:50 a.m. Rep. Jaquet
made a motion to accept the minutes of March 25, 2003, and March 26,
2003. By voice vote, the motion passed.
RS 13251: Rep. Field (18) stated she was contacted by parents of soldiers fighting in
Iraq as well as parents of soldiers who fought in the Gulf War requesting
support for our armed forces serving in Operation Iraqi Freedom. This
resolution encourages display of the American flag, yellow ribbons and
welcome home rallies to show support. This united effort will be known as
Operation Enduring Freedom. Rep. Field (18) asked that this legislation
be introduced and sent to the second reading calendar.
MOTION: Rep. Jaquet made a motion to introduce RS 13251 and send it to the
second reading calendar. By voice vote, the motion passed.
RS 13253: Rep. Newcomb, Speaker of the House, stated that because of problems
with the pilot project dealing with specially configured 129,000 pound
trucks in the Senate, this RS was written to address those problems. The
last pilot project dealt with only one route and because of the short
duration of the project not enough data was gathered. This bill is a
compromise between the House and Senate and shows specific routes
for the pilot project. The Speaker did note that on page 4, lines 32 and
33, the language needs to be refined. The ten-year time line would
provide enough time to gather data to see what the extra weight will do to
specified roads and bridges. Every two to three years data will be
gathered to see if there are problems with the specified road and bridges.
If so, the pilot project can be stopped. Mary Detmar, Idaho Transportation
Department, handed out a map showing the route for page 4, line 32 and
33, that will have to be changed in order to better serve Amalgamated
Sugar Company in Nampa. The new language will be “SH-45 from
junction of SH-78 to intersection with I-84 Business; I-84 Business to
intersection with SH-55; SH-55 to I-84 Interchange No. 35.” Rep. Jaquet
expressed concern regarding SH-20.
MOTION: Rep. Moyle made a motion to introduce RS 13253 with the new language
“SH-45 from junction of SH-78 to intersection with I-84 Business; I-84
Business to intersection with SH-55; SH-55 to I-84 Interchange No. 35”
and send it to the Transportation and Defense Committee. Reps. Cuddy
and Boe stated they reserved the right to change their mind when and if
this legislation comes to the House Floor for a vote. By voice vote, the
motion passed. Rep. Jaquet asked to be recorded as voting nay.
RS 13254C1: Roy Eiguren, attorney for Amalgamated Sugar, stated his client and the
Department of Environmental Quality (DEQ) are negotiating a compliance
agreement schedule for a period of ten years. The Attorney General’s
lawyer representing DEQ requires this legislation in order to complete the
agreement. Under current law there are two ways DEQ can enter into
such an agreement. One is listed under Section 39-116, Idaho Code, and
the other is under Section 39-108, Idaho Code (attached). Mr. Eiguren
asked that this legislation be heard in the Environmental Affairs
Committee.
MOTION: Rep. Moyle made a motion to introduce RS 13254C1 and refer it to the
Environmental Affairs Committee.
ADJOURN: Chairman Meyer thanked Rep. Cuddy for his participation as a member of
the committee. There being no further business to come before the
committee, the meeting was adjourned at 12:10 p.m.






DATE: April 1, 2003
TIME: Upon Adjournment
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Ellsworth, Jaquet, Boe,
Henbest
ABSENT/

EXCUSED:

Rep. Moyle
GUESTS:
Chairman Meyer called the meeting to order at 1:18 p.m. Rep. Denney
made a motion to accept the minutes of March 28, 2003. By voice vote,
the motion passed. It was noted that Rep. Henbest returned to the
committee as Minority Caucus Chair.
RS 13256C1: Stuart Davis, Executive Director, Idaho Association of Highway Districts,
Inc., stated his association was opposed to the 129,000 pound truck
weight as stated in HB 282 because of the weight of trucks that would be
traveling local road systems in order to reach the interstate highway. At
the present time highway districts only have resolution authority in order
to control truck weight on the local road systems. After discussions with
the Speaker of the House and the Governor, the highway districts would
remove their opposition to HB 282 if the districts are given ordinance
authority to regulate trucks. Mr. Davis pointed out new enabling language
on page 3, lines 5-9, which limits such ordinances to establishment of
speed, weight, height, length and other regulatory functions not repugnant
to law. He stated one of the problems encountered when drafting this
legislation was the handling of multiple jurisdictions in one county. In
order to have uniformity and agreement between multiple jurisdictions, the
jurisdictions will adopt the proposed ordinance within 60 days or the
ordinance will be considered null and void. He also noted that on page 5,
lines 15-19, where there are shared jurisdictions over secondary
highways within a county, the cost of maintaining the ordinance shall be
shared equally by all the secondary highway jurisdictions within the
county. Rep. Boe questioned how this will work with HB 282. Mr. Davis
stated that if a 129,000 truck route needs to access a route by using a
local road system, the district will grant an ordinance allowing use of a
specific route. By no means will there be a ban on these trucks.
MOTION: Rep. Denney made a motion to introduce RS 13256C1 and refer it to the
Transportation and Defense Committee. By voice vote, the motion
passed.
ADJOURN: There being no further business to come before the committee, the
meeting was adjourned at 1:25 p.m.






DATE: April 2, 2003
TIME: 12:15 p.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Jaquet,
Boe, Henbest
ABSENT/

EXCUSED:

GUESTS:
Chairman Meyer called the meeting to order at 12:15 p.m. Rep. Jaquet
made a motion to accept the minutes of April 1, 2003. By voice vote, the
motion passed. Chairman Meyer advised the committee that RS 12730
had been pulled by the sponsor.
RS 13269: Rep. Denney asked that Mike Gilmore, Attorney General’s office, present
the RS to the committee. Mr. Gilmore explained this RS is a direct
outgrowth of the lengthy litigation regarding safe school facilities. This
legislation would split up the case and treat each individual school district
individually so that their litigation would be handled by their District Court.
The legislation would amend the constitutionally based Educational
Claims Act so it applies to pending safe school lawsuits that have not
proceeded to final judgment. In order to correct safety and health
problems within a school, an educational necessity levy may be levied by
the district court for the purpose of raising revenues to fix a school when a
school district has no alternative source of funds. If the legislation were to
pass and be signed into law, the State would proceed to trial with very few
of the school districts who have filed suit. Those school districts would
then become defendants instead of plaintiffs. The provisions provide for
an eight week period in which to look at each district to see which ones
will need litigation. He noted Section 4 will provide a similar levy tool for
those school districts that did not sue the state. Section 5 declares an
emergency and places this legislation into full force and effect after its
passage and approval. Mr. Gilmore explained that school districts are
considered to be agents of the state, therefore, the state can move, add
or remove them from litigation. Rep. Jaquet questioned if it was legal to
put two matters into one bill. Mr. Gilmore responded that it was a political
decision not a legal matter. As to justification for this RS, Rep. Denney
stated this RS was done in order to move this legislation out of the
Revenue & Taxation Committee and to the Floor. He stated he felt this
legislation did not deal with two issues but rather one issue that provides
a fail safe method allowing funding of unsafe schools. He would like to
see this RS introduced and sent to the Revenue & Taxation Committee.
Mr. Gilmore clarified the issue of changing plaintiff to defendants by
stating that patrons, who are plaintiffs, will have the right to continue their
suit if they so desire. If a patron sues a school district, the judge
determines the spending amount to correct the problem of an unsafe
school. At that point the state can be brought in as an additional
defendant. Rep. Boe questioned why recommendations made by a study
committee on this subject were being ignored. Mr. Gilmore acknowledged
that some of the recommendations have been rejected. Rep. Denney
noted that Section 4 was a recommendation of that committee.
MOTION: Rep. Jaquet made a motion to hold RS 13269 in committee. She
supported her motion by stating she felt the rules have been changed
concerning the school safety issue.
SUBSTITUTE

MOTION:

Rep. Moyle made a substitute motion to introduce RS 13269 and send it
to the Revenue and Taxation Committee. Rep. Denney advised the
committee that some of the recommendations made by the study
committee would have created a considerable fiscal impact. He said he
did not think this legislation would cause the suit to be dropped but it may
be dismissed. He encouraged this committee to vote yes on the
substitute motion. By voice vote, the motion passed.
SCR 116: Rep. Jaquet stated this concurrent resolution would authorize the judicial
elections study committee to meet, if needed, once the McCain-Feingold
decision is determined.
MOTION: Rep. Henbest made a motion to introduce SCR 116 and send it to the
second reading calendar. By voice vote, the motion passed. Rep. Moyle
asked to be recorded as voting nay.
ADJOURN: There being no further business to come before the committee, the
meeting was adjourned.






DATE: April 8, 2003
TIME: 12:03 p.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Jaquet,
Boe, Henbest
ABSENT/

EXCUSED:

GUESTS:
Chairman Meyer called the meeting to order at 12:03 p.m. Rep. Boe
made a motion to accept the minutes of April 2, 2003. By voice vote, the
motion passed. Chairman Meyer advised the committee that RS 13283
would not be heard by the committee today. Instead, it will be on the
Revenue and Taxation Committee’s agenda tomorrow (April 9, 2003).
SB 1164: Mike Nugent, Legislative Services, stated this bill is commonly called the
“Drop Dead Bill”. Under Section 67-5292, Idaho Code, all agency rules
shall expire annually. This bill would continue agency rules approved by
the Legislature until July 1, 2004, unless they expire sooner.
MOTION: Rep. Henbest made a motion to send SB 1164 to the second reading
calendar. By voice vote, the motion passed. Rep. Boe will sponsor the
bill on the Floor.
ADJOURN: There being no further business to come before the committee, the
meeting was adjourned.






DATE: April 14, 2003
TIME: 10:05 a.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Jaquet,
Boe, Henbest
ABSENT/

EXCUSED:

GUESTS:
Chairman Meyer called the meeting to order at 10:05 a.m. Rep. Jaquet
made a motion to accept the minutes of April 8, 2003. By voice vote, the
motion passed. Chairman Meyer advised the committee that RS
13270C1 would not be heard and will be sent to the Revenue and
Taxation Committee for a hearing.
RS 13287: Rep. Henbest stated that in past years there has been controversy
regarding Idaho Board of Medicine’s advice from legal counsel. She
reminded the committee that she and Rep. Field (18) rewrote the Section
54-1806, Idaho Code, as it relates to the Board of Medicine in order to
tighten rules on professional behavior. Complaints regarding the Board of
Medicine continue to be received. This legislation will (1) require the
Board of Medicine to contract with the Office of the Attorney General for
legal assistance and (2) reword the physicians standard of conduct (see
page 2, lines 45-50).
MOTION: Rep. Boe made a motion to introduce RS 13287. By voice vote, the
motion passed.
RS 13289: Rep. Moyle stated this RS deals with the unusual problem of paternity
when a father, who has been paying child support, may not be the
biological father. This legislation provides for disestablishment of
paternity through DNA testing. Rep. Moyle asked that this RS be
introduced and returned to the Ways & Means Committee. He noted that
Rep. Jaquet serves on a study committee dealing with child issues.
Therefore, the legislation will be of use to them as they delve into this
problem.
MOTION: Rep. Ellsworth made a motion to introduce RS 13289 and refer it to the
Ways & Means Committee. By voice vote, the motion passed.
RS 13290: Rep. Ellsworth stated this legislation requests the Idaho State Board of
Education and the Board of Regents of the University of Idaho refrain
from filling the vacancy of President of an institution of higher education.
This would allow the Legislature to study alternatives to Idaho’s higher
education governance structure. She pointed out that the University of
Idaho is administered by the Board of Regents of the University of Idaho.
Rep. Jaquet asked if Eastern Idaho Technical College would be included.
Rep. Ellsworth said she would check on it and include the caveat if
necessary.
MOTION: Rep. Moyle made a motion to introduce RS 13290 and send it to the
second reading calendar with the addition of Eastern Idaho Technical
College should it be needed per Rep. Jaquet’s request. By voice vote,
the motion passed.
RS 13291: Rep. Wood stated this RS provides for the production, distribution and
sale of the Idaho Commemorative Silver Medallion honoring Idaho’s
heroes. A fund has been set up in the State Treasurer’s office, and the
monies will be used to maintain and operate Idaho’s Veteran’s Cemetery.
She noted that the image of Maj. Greg Stone, Idaho’s first casualty of the
Iraqi War, will be on the medallion.
MOTION: Rep. Denney made a motion to introduce RS 13291 and refer it to the
second reading calendar. Rep. Jaquet questioned the $80,000 being
loaned from the General Fund to pay for the first casting of the coin. Rep.
Wood stated there would be no problem repaying the loan because the
response has been very positive. Rep. Henbest requested that the Fiscal
Impact on the Statement of Purpose be changed to reflect that the
$80,000 will be reimbursed to the General Fund. Rep. Wood agreed to
the suggestion. By voice vote, the motion passed.
ADJOURN: There being no further business to come before the committee, the
meeting was adjourned.






DATE: April 15, 2003
TIME: 2:05 p.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Jaquet,
Boe, Henbest
ABSENT/

EXCUSED:

GUESTS:
Chairman Meyer called the meeting to order at 2:05 p.m.
RS 13274: Rep. Cuddy stated this legislation is meant to assist the United States
Department of Agriculture and Interior with pro-active forest management
(Healthy Forests Initiative). It urges Congress to fully support this
initiative. He stated he requested the Forest Service to look at burned
acres versus logged acres on federal land in his district (District 08).
They found that only 10% of the burned acreage was harvested. Rep.
Cuddy advised the committee this legislation does not apply to wilderness
areas. Rep. Jaquet pointed out that line 21 would be in conflict with her
constituents. Rep. Cuddy countered that it was needed for his
constituency.
MOTION: Rep. Ellsworth made a motion to introduce RS 13274 and refer it to the
second reading calendar. By voice vote, the motion passed.
RS 13290C1: Rep. Ellsworth stated a change was made to RS 13290 as a result of
information received following yesterday’s meeting. The State Board of
Education contacted her to advise her they have been working on a
review of the higher education governance structure. As a result of this
information, the change reflects Idaho Legislature’s support of their
review. She emphasized the credit transferability issue, which is stated
on lines 11 and 12 of the RS.
MOTION: Rep. Jaquet made a motion to introduce RS 13290C1 and refer it to the
second reading calendar. In support of her motion, Rep. Jaquet stated
she thought this was a good piece of legislation and commended the
sponsor for her work. Further, she stated usually the Joint Finance and
Appropriations Committee dealt with this type of issue and the Legislature
was on the periphery. However, this legislation makes a statement that
the Legislature wants to be involved in the process. By voice vote, the
motion passed.
ADJOURN: There being no further business to come before the committee, the
meeting was adjourned.






DATE: April 24, 2003
TIME: Upon Adjournment
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Jaquet, Boe, Henbest
ABSENT/

EXCUSED:

Representative Ellsworth
GUESTS:
Chairman Meyer called the meeting to order at 10:35 a.m.
Representative Boe made a motion to accept the minutes of April 14,
2003. By a voice vote, the motion passed. Representative Boe made a
motion to accept the minutes of April 15, 2003. By a voice vote, the
motion passed.
RS 13305C2 Representative Ridinger stated that the Legislature had passed local
option tax in 1996 for Kootenai county and the courts had overturned it
because in was to narrowly drawn. He said this legislation will replace
that and will be broader and could apply to other counties.
Representative Ridinger stated that local option tax is not new, works well
and has benefits to counties.
MOTION: Representative Boe made a motion to introduce RS 13305C2 and send it
to the second reading calendar. Representative Boe questioned the need
to set so many conditions on local option tax. Representative Jaquet
stated concerns with by-passing the committee system and that the
business community supports this to help local economies.
Representative Moyle stated that he has a problem with local option tax
and thinks this is bad public policy. By a voice vote, the motion passed.
ADJOURN: There being no further business to come before the committee, the
meeting adjourned at 10:42 a.m.






DATE: April 25, 2003
TIME: 11:15 a.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Jaquet,
Boe,
ABSENT/

EXCUSED:

Representative Henbest
GUESTS:
Chairman Meyer called the meeting to order at 11:20 a.m.
Representative Boe made a motion to accept the minutes of April 24,
2003. By a voice vote the motion carried.
RS 13319 Carl Bianchi said the Constitution states that no act shall take effect until
sixty days from the end of the session, except in the case of an
emergency. He said 60 days from July 1st, is the third of May and if the
Legislature is still in session, all the bills passed this session would be in
jeopardy and would not go into effect. Mr. Bianchi said this bill tries to
take care of that eventuality and would amend all other bills with an
emergency clause so they will go into effect.
MOTION: Representative Jaquet made a motion to introduce RS 13319 and send it
to the second reading calendar. By a voice vote the motion carried.
ADJOURN: There being no further business to come before the committee, the
meeting adjourned at 11:25 a.m.






DATE: April 29, 2003
TIME: 11:35 a.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Jaquet,
Boe, Henbest
ABSENT/

EXCUSED:

GUESTS:
Chairman Meyer called the meeting to order at 11:35 a.m. Rep. Denney
made a motion to accept the minutes of April 25, 2003. By voice vote, the
motion passed.
RS 13332C1: David Mabe, Department of Environmental Quality, together with Speaker
Newcomb, explained to the committee that there were problems with the
RS. Therefore, a group was in the process of re-drafting the RS, which
would be ready for a hearing before the Ways & Means Committee at
3:00 p.m. today.
ADJOURN: Chairman Meyer advised the committee a meeting would be held at 3:00
p.m. today to hear the new RS. There being no further business to come
before the committee, the meeting was adjourned.






DATE: April 29, 2003
TIME: 3:53 p.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Jaquet,
Boe, Henbest
ABSENT/

EXCUSED:

GUESTS:
Chairman Meyer called the meeting to order at 3:53 p.m.
RS 13332C2: David Mabe, Department of Environmental Quality (DEQ), stated this was
a consensus bill, therefore, there was no opposition. He advised the
committee the reason for this RS was due to the Supreme Court’s
Friday’s decision stating TMDLs (total maximum daily loads) should be
treated as rules and not plans in order to achieve water quality in the
state. This legislation would clarify that TMDLs in Idaho are not rules
subject to the Administrative Procedure Act (APA). Prior to the Supreme
Court’s decision, TMDLs were plans and did not fall under the APA. Mr.
Mabe provided committee members with a copy of the decision pointing
out on page 6, top of page, the six issues which indicate the need for a
rule. This ruling creates problems for DEQ in that plans are created
through work with other agencies in order to be implemented, the cost to
print the plans as rules would be excessive, and it could dampen
stakeholders’ participation if TMDLs are rules. Mr. Mabe indicated one
change to this RS on page 1, line 36, a new sentence would be added
“Provided further, that nothing herein shall modify the requirement that
water quality standards be promulgated as rules of the department
pursuant to Title 67, Chapter 52, Idaho Code.” In response to questions
regarding the process for an aggrieved party, Mr. Mabe indicated that
lines 27-29, page 1, still preserves the right to appeal the Director’s
decision, the same process used under the APA. He further advised the
committee the Federal Environmental Protection Agency would have no
problem with the state’s process as long as rulemaking did not fall behind
schedule. As for Hecla Mining, page 1, lines 33-36, no changes would
occur with the prior arrangement made with TMDLs for metals in the
Coeur d’Alene River Basin, upstream from the head of the Spokane River.
MOTION: Rep. Ellsworth made a motion to introduce RS 13332C2 with the
sentence addition indicated by Mr. Mabe and refer it to the Environmental
Affairs Committee. By voice vote, the motion passed.
ADJOURN: There being no further business to come before the committee, the
meeting was adjourned at 4:05 p.m.






DATE: May 2, 2003
TIME: 5:25 p.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Moyle, Ellsworth, Jaquet, Boe,
Henbest
ABSENT/

EXCUSED:

Rep. Denney
GUESTS:
Chairman Meyer call the meeting to order at 5:25 p.m. He advised the
committee the meeting was called to approve minutes of April 29, 2003,
(morning and afternoon meetings). Rep. Ellsworth made a motion to
approve the minutes of April 29, 2003, 11:35 a.m. By voice vote, the
motion passed. Rep. Ellsworth made a motion to accept the minutes of
April 29, 2003, 3:53 p.m. By voice vote, the motion passed.
ADJOURN: There being no further business to come before the committee, Rep.
Meyer adjourned the committee at 5:30 p.m.