2003 State Affairs
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January 13, 2003
January 15, 2003
January 20, 2003
January 22, 2003
January 27, 2003
January 31, 2003

February 3, 2003
February 5, 2003
February 7, 2003
February 10, 2003
February 12, 2003
February 17, 2003
February 19, 2003
February 21, 2003
February 24, 2003
February 26, 2003

March 3, 2003
March 5, 2003
March 10, 2003
March 12, 2003
March 17, 2003
March 19, 2003
March 24, 2003
March 26, 2003
March 28, 2003
March 31, 2003

April 2, 2003
April 4, 2003
April 7, 2003

DATE: January 13, 2003
TIME: 3:00 pm
PLACE: Room 437
MEMBERS
PRESENT:
Chairman Sorensen, Vice Chairman Richardson, Senators Darrington,
Geddes, Stegner, Little, Stennett, Calabretta
MEMBERS

EXCUSED:

Senator Davis
CONVENED: Chairman Sorensen called the meeting to order at 3:05 P.M. She
introduced Katie Wiersma who will be the page for State Affairs. Then
she asked Senator Richardson to chair the meeting as she is the
sponsor for RS 12541.
RS 12541 A Joint Resolution commending Adelia Garro Simplot for
industriousness and hard work and for making the dream of the
Basque Museum and Cultural Center a reality and for her
appointment by the governor of Spain as an Honorary Vice Consul of
Spain to Idaho.
Senator Sorensen summarized the resolution and explained that Adelia
Simplot had been instrumental in the development of the Basque Cultural
Center and Museum and has recently been appointed to be Vice Consul
to Spain for Idaho. On January 15, 2003, the Ambassador from Spain will
be here to recognize Mrs. Simplot and Senator Sorensen would like this
Joint Resolution to be read in the Senate at that time.
Adelia Simplot expressed appreciation for this honor and stated that her
father’s heritage was Basque and they are in touch with his family that still
lives in Spain. She has been proud to work on the development of the
Basque Cultural Center and feels it attracts many visitors each year and
provides a valuable history lesson.
Senator Little stated that he has great appreciation for all her efforts and
that she is an example of private enterprise stepping up to the challenge
of meeting community needs.
Senator Sorensen stated that she strongly supports this recognition of
achievement but there has been some concern from other parties.
Senator Geddes asked what those objections were. Senator Sorensen
stated that she was not clear but they related to the controversy in Spain.
VOTE Senator Darrington then made a motion that RS12541 be introduced to
print and forwarded to the floor of the Senate. The motion was seconded
by Senator Little. The motion carried by a Voice Vote. Senator
Sorensen
will sponsor this resolution in the Senate.
Gubernatorial Reappointment of Marsha Smith of Meridian, Idaho to
the Public Utilities Commission for a term expiring January 13, 2009.
Commissioner Marsha Smith stated that she appreciates the Governors
vote of confidence in this reappointment. Senator Sorensen asked her
to tell a little about the current Federal Energy Regulatory Commission
opening and her candidacy for that position. Commissioner Smith
explained that her name is in the hat and that Senator Craig had
encouraged her to pursue one of two open democratic seats as the
commission currently has no one from the west.
Chairman Sorensen stated that the reappointment would be voted on at
the next State Affairs meeting. Chairman Sorensen then explained that
Vice Chairman Richardson would be conducting the Administrative
Rules Review.
Vice Chairman Richardson introduced Commissioner Paul Kjellander
from the Public Utilities Commission.
31.11.01 Safety and Accident Reporting for the Utilities regulated by the PUC
Commissioner Kjellander explained that in these rules the commission
seeks to adopt by reference the updated safety codes required by the
National Pipeline Safety Regulations.
31.21.01 Customer Relations Rules for Gas, Electric, and Water Public
Utilities
Commissioner Kjellander explained that these rules pertain to the
allowance of credit checks and customer deposits. They also slightly
adjust the hours when a utility can cut service.
Senator Stennett expressed concern about the negative effects these
rules might have on people with an adverse financial situation. Vice
Chairman Richardson asked if these rules had any impact on the special
winter programs for the poor. Commissioner Kjellander stated that the
“Winter Moratorium Program” is separate from these rules and none of
these changes would effect it.
Senator Stennett asked about possible connect problems for a divorced
woman. Commissioner Kjellander stated that historically if you are
married within a household you are part of the billing party. These rules
develop criteria for when the company may request a deposit but does not
say it must.
31.71.02 Railroad Accident Reporting Rules
Commissioner Kjellander stated that these rules adopt the updated
code for Federal Regulations. It also changes the threshold for property
damage reporting to $6,700.
Senator Stennett asked what the liability is if a railroad car is rolled.
Commissioner Kjellander asked Ron Law to respond . Ron Law stated
that the total cost caused by the accident would be included.
Senator Little then asked what the real financial impact is of these rule
changes. Commissioner Kjellander said that it is very hard to say. He
said that with uncollectible, they try to get the utilities to work with the
customers to make payments. Senator Stennett asked what is the value
of these public policy changes and what will be the savings to the utilities.
Commissioner Kjellander repeated that it is very difficult to calculate the
savings. A regulated monopoly has to do business with everyone. In the
case of Inter Mountain Gas where their deposit will go from $93 to $147,
the increase will help to offset losses.
Vice Chairman Richardson stated that the committee will vote on the
PUC Rules at the next meeting.
Adjournment: There being no further business, the committee adjourned at 3:45 P.M.






DATE: January 15, 2003
TIME: 3:00 pm
PLACE: Room 437
MEMBERS
PRESENT:
Chairman Sorensen, Vice Chairman Richardson, Senators Darrington,
Geddes, Davis, Stegner, Little, Stennett, Calabretta
MEMBERS
EXCUSED:
None.
CONVENED: Chairman Sorensen called the meeting to order at 3:05 P.M.
MINUTES: Senator Richardson made a motion that the minutes of January 13,
2003 be approved as written. Senator Geddes seconded the motion.
The motion carried by a Voice Vote.
RS 12433 Relating to independent expenditures: Amending Section 67-6611,
Idaho Code, to provide certain reporting requirements for persons making
designated independent expenditures
Senator Davis explained that this legislation resulted from the Task Force
on Campaign Finance Reform for Judicial Elections and that it was the
one formal recommendation with unanimous support. It pertains to third
party expenditures and he will provide more details when the bill is
presented. He is now asking that it be introduced to print.
MOTION: Senator Stegner made a motion that RS 12433 be introduced to print.
Senator Geddes seconded the motion. The motion carried by a Voice
Vote. Senator Stennett then asked if it applied to expenditures of all
elections. Senator Davis responded that it did.
VOTE: Gubernatorial Reappointment of Marsha Smith of Meridian, Idaho to the
Public Utilities Commission for a term expiring January 13, 2009.
Senator Stegner made a motion that the State Affairs Committee
recommend to the full Senate the reappointment of Marsha Smith to the
Public Utilities Commission. Senator Stennett seconded the motion .
The motion carried by a Voice Vote. Senator Stenett will sponsor this
appointment in the Senate.
Chairman Sorensen then turned the meeting over to Vice Chairman
Richardson to continue with the Administrative Rules Review.
Vice Chairman Richardson stated that reviewing the rule changes is
very important and it is done in the states but not at the federal level. It
was mandated by a Supreme Court Decision. He clarified that we had
covered the PUC Rules changes last week and we would therefore vote
on them today.
MOTION: Senator Darrington made a motion that we approve the three rule
changes for the PUC. Senator Stegner seconded the motion.
Senator Calabretta made a substitute motion to approve the rules
changes for the PUC one section at a time. Senator Stennett seconded
the motion.
VOTE: The substitute motion to vote on the PUC rule changes by section was
approved by a Voice Vote.
31.11.01 Safety and Accident Reporting for Utilities regulated by the PUC.
Senator Calabretta made a motion that the committee approve PUC
Rules 31.11.01. Senator Sorensen seconded the motion. The motion
carried by a Voice Vote.
31.21.01 Customer Relations Rules for Gas, Electric, and Water Public
Utilities
Senator Stegner made a motion that the committee approve the PUC
rules 31.21.01. Senator Sorensen seconded the motion. Vice Chairman
Richardson called for questions.
Senator Stennett stated that he still has unanswered questions about the
possible negative effects of these changes and that he is not yet ready to
vote on this section. Chairman Sorensen stated that although she had
no question about the rule, there is no rush and the committee can wait
and get more information.
Senator Calabretta stated that she also had some concerns in two areas.
She said it appears rather arbitrary as to who and how the utility
determines delinquency and she would like to know what the alternative
energy options are when a party does have prohibitive credit. She
supports the delay and getting additional information.
Senator Little then asked for unanimous consent that the committee
postpone final consideration of PUC rules 31.21.01 until a future time
certain.
Vice Chairman Richardson called for objections and since there were
none, PUC Rules 31.21.01 will be held until a later date.
31.71.02 Railroad Accident Reporting Rules
Senator Stennett made a motion that PUC Rules 31.71.02 be approved.
Chairman Sorensen seconded the motion. The motion carried by a
Voice Vote.
Vice Chairman Richardson then introduced Leslie Goddard who is the
Director of the Human Rights Commission.
45.0101.0201 Human Rights Commission Rules
Director Goddard explained that since the recent budget shortfalls, they
have been searching for ways to reduce expenditures. Historically, there
postage expenses have been considerable due to the need to send
notices by certified mail at a cost averaging about $5. The Commission in
these proposed rule changes seeks to be able to mail complaints by
regular mail, personal delivery or fax and thereby reduce expenditures. In
the time since they have implemented this change they have reduced the
2002 costs from $877 to $362. She further stated that in that eight month
period, there has been no reported failure of delivery. Vice Chairman
Richardson asked if that was the extent of their rule changes. Director
Goddard said it was. Senator Calabretta expressed concern about the
confidentiality and security of sending a fax notice. Director Goddard
stated that although the fax may be used for communications, it is not
generally used for the complaint notifications. Senator Stennett asked if
any discussions with the Attorney General’s office had occurred regarding
the downside of these changes. Director Goddard said they had
worked directly with the Deputy Attorney General on these changes.
Vice Chairman Richardson stated that the vote on the Human Rights
Commission Rules would be done at the next meeting. He then
introduced Judy Comstock from the State Treasurer’s Office.
54.0201.0201 Rules governing the College Savings Program.
Judy Comstock explained that this proposed rulemaking makes
technical changes, revises definitions, and eliminates the state ten
percent penalty assessed against non-qualified withdrawals. The
elimination of the state penalty is because the Federal Act now covers the
penalty. Senator Stennett asked what the amount of the penalty is. Ms.
Comstock stated it is 10%.
Vice Chairman Richardson advised that the vote on these rules will
occur at the next meeting.
ADJOURNMENT There being no further business, Chairman Sorensen adjourned the
meeting at 3:25 P.M.






DATE: January 20, 2003
TIME: 3:00 pm
PLACE: Room 437
MEMBERS
PRESENT:
Chairman Sorensen, Vice Chairman Richardson, Senators Darrington,
Geddes, Davis, Stegner, Little, Stennett, Calabretta
MEMBERS

EXCUSED:

Senator Calabretta
CONVENED: Chairman Sorensen brought the meeting to order at 3:05 P.M.
Vice Chairman Richardson made a motion that the committee approve
the minutes for January 15, 2003 as written. Senator Darrington
seconded the motion. The motion carried by a Voice Vote.
Gubernatorial Reappointment of James C. Hammond of Post Falls,
Idaho to the State Building Authority for a term expiring January 1,
2007.
James Hammond stated that he has enjoyed his past assignment on the
State Building Authority which develops building projects around the state
and he is particularly interested in serving during these tough economic
times. Senator Richardson asked Mr. Hammond about serving on both
the Idaho State Board of Education and the State Building Board. Mr
Hammond responded that he has been doing this for some years without
any difficulty. He further stated that their current project for the Idaho
Water Center has been the most complicated and they are currently
focused on the financing. Senator Darrington then reviewed Mr.
Hammond’s work history in the school system prior to starting for the city
in 1996. Chairman Sorensen stated that the vote on his reappointment
would be held at the next meeting.
RS 12231 Establishing Rates of Compensation for the Senate
Senator Davis explained that this legislation is the annual resolution of
compensation for the Idaho Senate. It is necessary to have it introduced
to print and then go to the Senate floor in order to be able to maintain the
staff after February 1, 2003.
VOTE: Senator Darrington made a motion that RS12231 be introduced to print
and forwarded to the Senate. Senator Richardson seconded the motion.
The motion carried by a Voice Vote. Senator Davis will sponsor this bill
in the Senate.
RS 12563 Relating to the State Liquor Act; Amending Section 23-404, Idaho
Code, to provide for the transfer of funds to the Idaho State Police
Alcoholic Beverage Control Fund
.
Director Dan Charbonneau of the Idaho State Police explained that this
legislation is to create an amendment which would allow the Idaho State
Police to receive a 5% share of the balance of the Alcoholic Beverage
Control Fund. He further stated that they had worked with the State
Liquor Dispensary on this legislation.
VOTE: Senator Stegner made a motion that RS12563 be introduced to print.
Senator Geddes seconded the motion. The motion was approved by a
Voice Vote.
H 1 Relating to the Idaho Millennium Income Fund; Amending Section
67-1803, Idaho Code, to revise the distribution of funds.
Representative Lake explained that this legislation would change the
formula for distributing money from the Idaho Millennium Fund to the
Idaho Millennium Income Fund. Currently, appropriations are made
based on projected distributions. This legislation would change the
distribution formula such that appropriations would be made based on five
percent of the Millennium Fund’s actual average monthly fair market value
for the fiscal year during which the legislature is in session.
Senator Richardson asked for a clarification of “the monthly fair market
value.” Representative Lake stated that they take each monthly balance
per bank records to determine the average. Senator Richardson
questioned whether this was anything like some states that were selling
future value of their funds. Representative Lake said it was not.
Senator Little asked if this change would accelerate cash flow.
Representative Lake stated that he did not think so as they do a look
back and as long as the fund has a sufficient balance, there should not be
a problem. Senator Little asked where the interest accrues.
Representative Lake said interest accrues in the Millennium Fund.
Senator Davis then asked several questions to clarify the terms of the
distribution formula to which Representative Lake replied. Senator Davis
asked about the issue of hold backs done by the Governor after session
is out. Representative Lake stated that if the Millennium Fund’s entire
balance is not used to balance the budget, then there is an available
balance as of June 30. Senator Davis then asked if line 13 and 14 could
then be a zero balance. Representative Lake said it could. However, for
this fiscal year it looks like there will be enough balance left to distribute
2.5 million dollars.
Senator Davis asked if this recommendation came from the Millennium
Committee. Representative Lake said that it did. Senator Stegner spoke
in support of this bill as it will provide a clearer projection.
VOTE: Senator Darrington made a motion that the committee send H 1 to floor
of the Senate with a do pass recommendation. Senator Stegner
seconded the motion. The motion was approved by a Voice Vote.
ADMINISTRATIVE RULES REVIEW
45-0101-0201 Human Rights Commission
54-0201-0201 Rules Governing the College savings Program
Chairman Sorensen then asked Vice Chairman Richardson to continue
his directing of the rules reviews.
Vice Chairman Richardson then called for a vote on the rules reviewed
at our last committee meeting.
VOTE: Senator Stegner made a motion that the committee approve the rule
changes pertaining to the Human Rights Commission and the College
Savings program. Senator Stennett seconded the motion. The motion
carried by a Voice Vote.
Vice Chairman Richardson then stated that the remaining rules for the
PUC changes, which have not yet been approved, will be discussed and
voted on at the next committee meeting.
ADJOURNMENT There being no further business, Chairman Sorensen adjourned the
meeting at 3:28 P.M.






DATE: January 22, 2003
TIME: 3:00 pm
PLACE: Room 437
MEMBERS
PRESENT:
Chairman Sorensen, Vice Chairman Richardson, Senators Darrington,
Geddes, Davis, Stegner, Little, Stennett, Calabretta
MEMBERS

EXCUSED:

None
CONVENED: Chairman Sorensen called the meeting to order at 3:05 P.M.
MINUTES: Senator Richardson made a motion that the minutes of January 20,
2003 be approved as written. Senator Darrington seconded the motion.
The motion carried by a Voice Vote.
Gubernatorial Reappointment of Ruthie Johnson of Hayden Lake,
Idaho to the Idaho Commission on Human Rights for a term expiring

July 1, 2005
Leslie Goddard, the director of the Idaho Human Rights Commission
was present to represent Ruthie Johnson as she was not able to make
the trip from Hayden Lake, Idaho. She stated that she has worked with
Ms. Johnson for some time and that Ms. Johnson uses Martin Luther
King’s guideline of considering the contents of one’s character rather than
the color of his skin. She testified that Ms. Johnson is a fast learner and
hard worker and never hesitates to volunteer for assignments. Director
Goddard highly recommends the approval of this gubernatorial
reappointment.
Chairman Sorensen stated that the committee would vote on this
reappointment at the next meeting.
Gubernatorial Reappointment of William A. Swift of Boise, Idaho to
the Idaho Commission on Human Rights for a term expiring July 1,
2005
William A. Swift stated that he has a background of twenty years in
Human Resources. As a commission member he has had the opportunity
to see how problems are addressed in the community which has been a
very positive experience. He said that through this experience he has
helped effect some changes at the company where he now works in car
sales. Senator Richardson asked how this community compares to
others that he has lived in. Mr. Swift said that he feels there is great
quality of life here and what makes it different is how the community deals
with difficult issues in a positive manner. Senator Davis asked what
successes Mr Swift thinks the commission is most proud of. Mr. Swift
stated that he felt their progress at some of the bigger companies in this
area with regard to treatment of employees, particularly women was an
important accomplishment.
Chairman Sorensen stated that the vote on this reappointment would
occur at the next meeting.
Gubernatorial Reappointment of James C. Hammond of Post Falls,
Idaho to the State Building Authority for a term expiring January 1,
2007
Chairman Sorensen called for a vote on the reappointment of James C.
Hammond to the State Building Authority.
VOTE: Senator Richardson made a motion that the committee recommend to
the Senate the reappointment of William A. Swift to the State Building
Authority. Senator Stegner seconded the motion. The motion carried by
a Voice Vote. Senator Stegner will sponsor this reappointment in the
Senate.
S1009 Relating to independent expenditures: Amending Section 67-6611,
Idaho
Code, to provide certain reporting requirements for persons
making designated independent expenditures
Senator Davis explained that this bill was a result of the task force
formed to review expenditures of Judicial Campaigns. It was initially
proposed in response to the conduct of one particular group. There was
no opposition to this proposal, including none from those in question.
Senator Davis then introduced Secretary of State Ben Ysursa.
Mr. Ysursa explained that this amendment moves up the disclosure of
expenditures to a more timely manner. It requires any entity that spends
over $1,000 within 15 days of an election to file a report with the Secretary
of State’s office within 48 hours. It does not prohibit advocacy but
requires disclosure. This disclosure will then be posted on the internet by
the Secretary of State’s office.
Chairman Sorensen stated that she feels this bill will help prevent the
rather stealth nature in recent campaigns due to the 48 hour required
disclosure. Mr. Ysursa said that is correct to a point. However, if the
nature of the add is elusive, it may not be required. They are still waiting
for a Supreme Court ruling on unregulated advocacy for further
clarification. Senator Calabretta then asked that if these expenditures
were not linked to the candidates, how would the public know where to
access the information.
Mr. Ysursa said that it is a different report than that of the candidates but
if expressed advocacy for the candidate is shown, his office may link it to
the candidate. Senator Little then asked what would happen if no
specific candidate was identified and how their office would then make the
decision to link it to a candidate. Mr. Ysursa said that if they were sure
who was identified and some of the “magic words” such as vote for; elect;
reject; or defeat were used they could link the expenditure to the
candidate. However, if the promotion was elusive, this amendment may
not apply.
Senator Stegner asked why there was a two day exemption right before
the election. Mr. Ysursa explained that the last two days are Sunday and
Monday so the public notification would occur after the election. Senator
Stennett then asked where the guideline for the “magic words” had come
from. Mr. Ysursa referred to Idaho Code 67-6602C which is used as a
state guide. Senator Stennett then asked if this part of the code could
be amended. Mr. Ysursa said that it could be. Senator Stennett then
stated that businesses now are required to file electronically so couldn’t
they require the election filings to be done electronically. Mr. Ysursa said
it has been considered but given the large number of Mom and Pop
Treasurers in Idaho at this time, it would have to remain optional.
Senator Davis then asked why the focus on expenditures rather than
receipts to the candidate. Mr. Ysursa said that third party independent
expenditures are done outside the candidates committee so this tracking
of expenditure completes the circle.
Senator Davis then stated that he had received some questions from the
ACLU about this amendment and a 1995 Supreme Court Ruling on the
McIntyre case which has to do with anonymous free speech. Mr. Ysursa
said that if the McIntyre decision was applicable in this case, we would
need to repeal in it’s entirety anything pertaining to an independent
expenditure. Senator Davis then gave several case scenarios and asked
Mr. Ysursa if the proposed amendment was applicable. Mr. Ysursa
clarified that if there is no express advocacy, then no report would be
required. Senator Davis then asked about the case of the judicial
campaign discussed earlier. Mr. Ysursa said that since none of the
“magic words” were used, there would be no required disclosure.
VOTE: Senator Calabretta then made a motion to send S1009 to the Senate
floor with a do pass recommendation. Senator Richardson seconded
the motion. The motion carried by a Voice Vote. Senator Davis will
sponsor this bill in the Senate.
Chairman Sorensen then turned the meeting over to Vice Chairman
Richardson to complete the Administrative Rules Review.
31.21.01 Customer Relations Rules for Gas, Electric, and Water Public
Utilities
Vice Chairman Richardson stated that Commissioner Marsha Smith and
Mike Huntington from Inter Mountain Gas were present today to answer
any further questions the committee might have. Commissioner Smith
then stated that these changes would make the customer relations rules
of the Gas, Electric, and Water Public Utilities consistent with the ones the
phone companies adopted in 1993. The calculation of the deposits was
done at the request of the gas company. Senator Calabretta stated that
she had further reviewed the minutes and information about this issue
which has answered her concerns. She provided each committee
member with a copy of a hand out she received from Inter Mountain Gas.
Senator Stennett said he agreed with Senator Calabretta but would like
to know how Commissioner Smith would characterize the public testimony
they received during their hearings. Commissioner Smith stated that
she actually did not participate in those proceedings but she had not
heard any specific negative feedback from her staff which conducts the
informal meetings.
Senator Stenett then asked about the two to one vote and what was the
issue of the dissenting vote. Commissioner Smith said that it was her
understanding that one of the commissioners was concerned that if the
utilities used commercial credit reports for financial purposes, such an
inquiry may have a negative impact on the customer. She said that is not
the case. Senator Stennett said that it is a difficult review process and
his concern is that this change may result in denying a home to the
underprivileged . He asked Commissioner Smith if she could see that as
a possible effect. Commissioner Smith stated that although she couldn’t
guess any actual numbers, she didn’t think these changes would catch
anyone anymore than previously, unless they had very bad credit.
VOTE: Senator Calabretta made a motion that the committee approve the PUC
Rules 31.21.01. Senator Stegner seconded the motion. The motion
carried by a Voice Vote.
Vice Chairman Richardson then announced that the State Affairs
Committee has completed the Administrative Rules review for 2003.
ADJOURNMENT There being no further business, Chairman Sorensen adjourned the
meeting at 3:50 P.M.






DATE: January 27, 2003
TIME: 3:00 pm
PLACE: Room 437
MEMBERS
PRESENT:
Chairman Sorensen, Senators Darrington, Geddes, Davis, Stegner, Little,
Stennett, Calabretta
MEMBERS

EXCUSED:

Senator Richardson, Senator Little, and Senator Stennett
CONVENED: Chairman Sorensen called the meeting to order at 3:05 P.M.
MINUTES: Senator Calabretta made a motion that the minutes for January 22,
2003
be approved as written. Senator Darrington seconded the motion.
The motion carried by a Voice Vote.
Gubernatorial Reappointment of Ruthie Johnson of Hayden Lake,
Idaho to the Idaho Commission on Human Rights for a term expiring July
1, 2005
VOTE: Senator Calabretta made a motion that the committee recommend to the
full Senate the reappointment of Ruthie Johnson to the Idaho Commission
on Human Rights. Senator Geddes seconded the motion. The motion
carried by a Voice Vote. Senator Calabretta will sponsor Ruthie
Johnson in the Senate.
Gubernatorial Reappointment of William A. Swift of Boise, Idaho to the
Idaho Commission on Human Rights for a term expiring July 1, 2005
VOTE: Senator Stegner made a motion that the committee recommend the
reappointment of William A. Swift to the Idaho Commission on Human
Rights. Senator Geddes seconded the motion. The motion carried by a
Voice Vote. Senator Stennett will sponsor Mr. Swift in the Senate.
H 54 Relating to Idaho Code Codifier Corrections; Amending Section 9-304C, Idaho Code, to provide correct code citation and to make technical
correction
Katharine Gerrity from the Legislative Services Office explained that this
was a clean up bill which addresses all sections of the code. Historically,
when a bill was being drafted, it was assigned the next available number.
When the law is then put into code format, the bills are put in
chronological order.
VOTE: Senator Davis then made a motion that H54 be sent to the floor of the
Senate with a do pass recommendation. Senator Geddes seconded the
motion. The motion carried by a Voice Vote. Senator Davis then asked
for unanimous consent that H54 be directed to the Consent Calendar.
There was no objection. Chairman Sorensen will sponsor H54 on the
Consent Calendar in the Senate.
H 55 Relating to the duties of the State Controller: amending Section 67-1001, Idaho Code, to clarify the duties of the State Controller and to
make technical corrections
Keith Johnson, the Idaho State Controller, explained that last fall when it
became apparent that there may be a change in that office, they decided
to do a review of the statutory duties of the State Controller for clarification
and to identify inconsistencies. That review resulted in these changes to
Section 67-1001.
Senator Davis asked if Idaho has historically used GAAP (Generally
Accepted Accounting Principles) Accounting and what do other states
use. Mr. Johnson stated we have used GAAP for at least the last eight
years since we adopted that standard. He explained that since counties
have adopted GAAP also, they have discontinued the 44 County report
since 1990. Senator Davis questioned Sub Section 9 which addresses
the controller’s ability to deal with tax indebtedness. Mr. Johnson stated
that it does give authority to the controller over tax receivables. He further
clarified that the controller has concurrent jurisdiction with the State Tax
Commission if circumstances necessitated.
Senator Calabretta asked about auditing funds given to school districts
and whether Section three gives the controller the authority to look at
local accounts and financial reports. Mr. Johnson said that it does.
Senator Calabretta further expressed concern about small units of
government not following procedures but noted the high expense of audits
of all school districts. Mr. Johnson stated that audit rotation continues to
be debated with regards to the cost versus benefit. He thinks good
internal controls are an important function and they support and defend
the ability to audit.
Senator Calabretta asked if audits were occurring now on any level. Mr.
Johnson said not currently, but the controller’s office is working to build
better internal controls. Senator Davis referred to page two, line fifteen
and asked Mr. Johnson if he believed that it would be more wise to have
statutory change with regard to electronic signatures. Mr. Johnson
stated that if it dealt with the Administrative Procedures Act, he would not
object to statutory change. Senator Davis commended Mr. Johnson’s
father who was the Chaplain for the Idaho State Senate last year.
MOTION: Senator Davis made a motion that H55 be sent to the floor of the Senate
with a do pass recommendation. Senator Stegner seconded the motion.
The motion carried by a Voice Vote. Senator Davis will sponsor this bill
in the Senate.
ADJOURNMENT There being no further business, the committee adjourned at 3:25 P.M.
Senator Stennett arrived upon adjournment.






DATE: January 31, 2003
TIME: 12:00 pm
PLACE: Room 437
MEMBERS
PRESENT:
Chairman Sorensen, Vice Chairman Richardson, Senators Geddes,
Davis, Stegner, Little, and Stennett
MEMBERS

EXCUSED:

Senator Darrington and Senator Calabretta
MINUTES: Senator Richardson made a motion that the committee approve as
written the minutes for January 29, 2003. Senator Davis seconded the
motion. The motion carried by a Voice Vote.
Gubernatorial Reappointment of Hyong K. Pak of Twin Falls, Idaho to
the Idaho Commission on Human Rights for a term expiring July 1,
2005.
Hyong K. Pak was born in South Korea and has lived in Idaho since
1972. He has a general legal practice in Twin Falls and has appreciated
serving on the Idaho Commission on Human Rights. Serving on this
commission has allowed him to learn more about discrimination and the
Disability Act. Senator Richardson asked Mr. Pak how Idaho laws
compare with his knowledge of other areas. Mr. Pak stated that Idaho law
mirrors Federal Laws quite closely. Senator Stennett asked how many
cases the commission investigates yearly. Mr. Pak said that it varies but
recently they have experienced an increase which has caused them to
divide into committees to review the cases. Senator Davis asked what
type of law practice Mr. Pak had. Mr. Pak stated that it is a general
practice which focuses on family and criminal law. Senator Stennett
asked what has caused the recent increase in complaints. Mr. Pak said
that he thought people are more upset and therefore want their
complaints heard. He said a substantial number of their complaints are
invalid.
Chairman Sorensen thanked Mr. Pak for his service and appearance
before the committee. She explained that the committee would vote on
Mr. Pak’s reappointment at the next meeting.
Gubernatorial Reappointment of Jeffrey L. Bowen, of Soda Springs,
Idaho to the Bingo-Raffle Advisory Board for a term expiring January
7, 2005
Chairman Sorensen stated that Mr. Bowen had appeared at the last
meeting and then she asked the will of the committee.
MOTION: Senator Davis made a motion that the committee recommend to the full
Senate the reappointment of Jeffrey L. Bowen, of Soda Springs, Idaho
to the Bingo Raffle Advisory Board. Senator Stegner seconded the
motion. The motion carried by a Voice Vote. Senator Geddes will
sponsor Mr. Bowen in the Senate.
ADJOURNMENT There being no further business, Chairman Sorensen adjourned the
meeting at 12:20 P.M.






DATE: February 3, 2003
TIME: 3:00 pm
PLACE: Room 437
MEMBERS
PRESENT:
Vice Chairman Richardson, Senators Darrington, Geddes, Davis,
Stegner, Little, Stennett, Calabretta
MEMBERS

EXCUSED:

Chairman Sorensen and Senator Stennett
MINUTES: Senator Davis made a motion that the minutes of January 31, 2003 be
approved as written. Senator Stegner seconded the motion. The motion
carried by a Voice Vote.
Gubernatorial Appointment of Roger Simmons as Director of the
Idaho State Lottery
for a term commencing January 20, 2003 and
continuing at the pleasure of the Governor
Mr. Simmons stated that he moved to Idaho in 1976 when he was
working as a television news reporter. He had graduated from San
Diego State with a degree in journalism. He worked for the Western
Idaho Fair from 1987 to 1993. More recently, he has been an Ada
County Commissioner since 1993 and he served four years as
Chairman. He believes his interest in the Lottery goes back to his days
with the Fair as it is a business run inside a government organization.
Chairman Richardson asked Mr. Simmons about his ideas regarding
gambling in relationship to the Les Bois Track. Mr. Simmons explained
that when he worked with Les Bois they were under direction of the Fair
and they were experiencing financial problems. He stated that he
believes in horse racing but it is a struggling industry. Mr. Simmons said
he believes his experience in working at the Fair will serve him well at the
Lottery. Chairman Richardson asked Mr. Simmons what precipitated
his interest in the lottery position. Mr. Simmons stated that he has been
interested for some time and had applied four years ago when the
position was vacant. He said that since Mr. Woodall has been
maintaining the commission so efficiently, there has been no rush to
replace him. When he joined the county commission they had many
problems to address which is not the case at the Lottery. Senator Davis
stated that at todays Chamber Luncheon, one of the speakers had
referred to the G-Tech contract which after it was chosen, then awarded
contracts outside the state of Idaho. He asked Mr. Simmons if he had
any comment on that. Mr. Simmons responded that the contract
awarded by the Commission to G-Tech was moving their computer
operation to Texas, but they will still maintain the local computer
operation here in Boise. It is necessary that they have separate back up
locations. The other company which offered a bid was from out of state
also. Senator Davis stated that the impression that was left at the
luncheon was that the minute the Commission re-approved the G-Tech
contract, then G-Tech no longer felt the need to maintain ties with Idaho.
Mr. Simmons stated that both bids were from out of state and that there
are only four companies internationally which provide this type of service.
He said that the staff at the Lottery carefully evaluated both offers and
determined that G-Tach’s extension would provide considerable capital
investment which may result in as much as a million dollar savings
annually. He further stated that as of this date, he has actually only
been directly associated with the Lottery for two weeks.
Senator Davis said that he was not trying to infer that he did not
appreciate the Commission’s judgement but rather he was trying to
confer how it was presented to the community at the Chamber luncheon.
Mr. Simmons said that he could appreciate that the correct message
needs to get out and he will work to address that problem. Senator
Richardson
asked Mr. Simmons if he had any indication that Tribal
Gaming had a negative impact on growth of the Lottery. Mr. Simmons
stated that although it is a good question, it is not an issue that he has
had time to research or address yet but he does intend to take a hard
look at it. Chairman Richardson explained that the vote on this
appointment will be conducted at the next committee meeting.
Gubernatorial Reappointment of Hyong K. Pak of Twin Falls, Idaho to
the Idaho Commission on Human Rights for a term expiring July 1,
2005.
VOTE: Senator Davis made a motion that the committee recommend to the full
Senate the reappointment of Hyong K. Pak of Twin Falls, Idaho, to the
Idaho Commission on Human Rights. Senator Little seconded the
motion. The motion carried by a Voice Vote. Senator Little will
sponsor Mr. Pak in the Senate.
RS 12682 Relating to the Uniform Electronic Transactions Act: Amending
Section 28-50-107, Idaho Code, to provide that any notice or record
required to be sent certified mail may be transmitted electronically if the
recipient has given consent
Senator Lodge presented this legislation which she said resulted from
the work of the Electronic Commerce Interim Committee. She stated that
this change will help bring Idaho current with the rapid changes occurring
in the world of e-commerce. It provides that in the case where certified
mail is required, electronic mail can be used with the recipients previous
approval. She stated that this bill has been reviewed by the Department
of Administration and the Comptroller’s office.
MOTION: Senator Little made a motion that RS12682 be introduced to print.
Senator Calabretta seconded the motion. The motion was approved by
a Voice Vote.
RS 12683 Relating to the Idaho Electronic Signature and Filing Act; Repealing
Sections 67-2351, through 67-2357, Idaho Code
Senator Lodge explained that this legislation came from the Electronic
Commerce Interim Committee and intends to repeal sections of the
Idaho Electronic Signature and Filing Act as those portions of the law
have acted as a barrier to e-commerce rather than as a facilitator as was
originally intended. Senator Davis asked if this legislation had been
reviewed with any of the Uniform Law Commissioners regarding the
repeal. Senator Lodge deferred to Mr. Spangler. Mr. Spangler said he
was not aware of any such discussions.
MOTION: Senator Darrington made a motion that RS12683 be introduced to print.
Senator Stegner seconded the motion. The motion carried by a Voice
Vote.
H86 Relating to the Idaho Administrative Procedure Act; Amending
Section 67-5226, Idaho Code, to require agencies that adopt a temporary
rule to send a copy to the Director of Legislative Services
Caralee Lambert from Legislative Services explained that this legislation
had been drafted at the request of their Legislative Counsel. It requires
that a copy of any Temporary Rules must be sent to Legislative Services.
There have been some instances where some rules have been adopted
with no legislative review and they have conflicted with Idaho Statutes.
This change will give the attorneys in Legislative Services a chance to
review the Temporary Rules.
Senator Davis stated that his recollection of the Administrative
Procedures Act required that when they adopt Temporary Rules they
must report to the germane Committee Chairman who then has the right
to schedule a hearing.
Ms. Lambert stated that in reviewing Section 67-5226, her
understanding is that they must publish in the bulletin the Temporary
Rules but that reporting to the chairman is not currently a requirement. It
is sometimes done as a courtesy.
Senator Darrington stated that the Temporary Rules are frequently
done very late in the year after the deadline for Pending Rules. The
Pending Rules are referred to the germane Sub-Committees who can
call a meeting , the results of which are non-binding. Ms. Lambert
stated that some Temporary Rules are adopted the day after session
ends and then are effective until the end of the next session. Senator
Davis
stated that he does not have a problem with H86 and he
understands Temporary Rules may be done late in the year but he did
think that the germane sub committee chair gets a copy. Senator
Darrington
stated that Temporary Rules are sometimes implemented
while Pending Rules go through the process and he agreed that he
thought the sub committee chairs were notified.
Senator Davis then asked what the remedy for failure to comply with this
law would be. Ms. Lambert agreed that was a good question. They will
track the Temporary Rules closer but there is no provision in the
legislation which addresses failure to comply. Senator Davis stated
that it is possible then that the courts can find Temporary Rules not
enforceable. Ms. Lambert said that she did not know . Senator Davis
stated that the issue could go to the courtroom if there is a germane
subcommittee with a vested interest. Senator Davis asked that the
minutes reflect that he is somewhat conflicted about this legislation
and that he wishes there had been some proposed teeth included
.
Ms. Lambert stated that she was not privy to the Legislative Council’s
discussions and they may have deliberated on this issue.
Senator Calabretta said that the Temporary Rules are somewhat
misused and she asked in what case do they not have to go to the Board
of Occupational License. Ms. Lambert stated that the board is not
always appraised of Temporary Rules. Senator Stegner asked if all
Temporary Rules aren’t considered Emergency Rules approved by the
Governor. Ms. Lambert agreed but said that recently they have seen a
dramatic increase in Temporary Rules recommended by the Department
of Financial Management who are using the emergency reasoning and a
conferred benefit to justify the rule. Senator Stegner stated that since
Administration imposes the rules not the legislature, the Legislature has
a narrow opportunity to do anything since they can only hold hearings
during the session. Therefore, he sees no legislative remedy. Ms.
Lambert agreed that is the case, but said that Legislators are getting
calls on these rules and then calling Legislative Services. This change
will provide another pair of eyes to review. Senator Stegner agrees with
the concept of H86 but he questions that there would be no fiscal impact
as it would seem that Legislative Services would spend an increased
amount of time. Ms. Lambert said it would not take that much additional
time.
Senator Darrington stated that the Rules Review Sub-Committees do
not have the authority of a germane committee. He said that in most
cases, if a committee has questions , the agency will respond. He urges
caution about any changes to the current system.
MOTION: Senator Calabretta made a motion that H86 be sent to the floor of the
Senate with a do pass recommendation. Senator Stegner seconded the
motion. The motion was approved by a Voice Vote. Senator
Calabretta
will sponsor this bill in the Senate.
ADJOURNMENT There being no further business, the committee adjourned at 3:50 P.M.






DATE: February 5, 2003
TIME: 3:00 pm
PLACE: Room 437
MEMBERS
PRESENT:
Vice Chairman Richardson, Senators Darrington, Geddes, Davis, Stegner,
Little, and Stennett
MEMBERS

EXCUSED:

Chairman Sorensen and Senator Calabretta
MINUTES: Senator Davis made a motion that the minutes of February 3, 2003 be
approved with one correction to page four, paragraph one. Senator Little
seconded the motion. The motion was approved by a Voice Vote.
Vice Chairman Richardson announced that the committee was scheduled
to vote on the Gubernatorial Appointment of Roger Simmons as Director
of the Idaho State Lottery since the hearing for him was conducted at the last
meeting. Senator Geddes made a motion that due to the absence of two of
the committee members, including the Chairman, that the committee hold
the vote until the next meeting. Senator Davis seconded the motion.
Senator Stegner stated that he would be absent on Friday. Senator
Geddes
then made an amended motion that the committee allow the
Chairman to set the future agenda for final vote on this appointment.
Senator Davis seconded the motion. The motion was approved by a Voice
Vote
.
RS12921 Relating to beer and wine restrictions concerning age: Amending
Section 23-943
, Idaho Code, to provide that persons who are eighteen
years of age or older may, on premises licensed for the sale of beer or wine
only for consumption off the licensed premises, sell, possess, or deliver beer
or wine in the course of their employment
Senator Noble had requested that the original bill S1046 be withdrawn as
he was making some corrections which resulted in this new legislation.
MOTION: Senator Davis made a motion that RS12921 be introduced to print.
Senator Stennett seconded the motion. The motion carried by a Voice
Vote.
H84 Relating to Military Veterans; Amending Section 65-301, Idaho Code, to
authorize any veteran to record his or her discharge papers and to
provide that the name of the veteran
may be redacted
Bill von Tagen, the Deputy Attorney General stated that this legislation
deals specifically with the DD-214 military discharge document. The DD-214
is the most common type of proof of military service and is given to soldiers
separating from the service with an admonition to protect it. As one of the
final orders that many soldiers complied with, the DD-214 is registered at the
local county courthouse. Registering it at the courthouse enables Veterans
easy access to certified copies of the DD-214 which are required when they
apply for Veterans benefits. However, with the rise in identity theft, the
information contained within DD-214’s appears to be easily accessed. There
is no law requiring the DD-214 to be filed and recorded, but rather it was a
method of safekeeping for the convenience of the Veteran. Historically, few
Veterans realized that the DD-214 would become public record or that there
would be an increased risk of identity theft. This legislation provides the
veteran with several different choices which include, recording the DD-214
as issued, recording a redacted version, not recording the DD-214 or having
a DD-214 that is recorded and reasonably retrievable, removed from the
public record.
The legislation clarifies that the DD-214 is not public record and it cannot be
accessed without the Veteran’s permission. It also provides immunity for the
counties if a DD-214 is released in error. Mr. Von Tagen stated that there
had been no stated opposition to this bill but that the Press Club has offered
some amendments. He said that the Title needs correction on page one,
line nine, where the word “not ” should be inserted after”shall.” However, he
feels the remaining amendments offered by the Press Club would essentially
gut this bill and destroy necessary protections for the Veterans. Mr. Von
Tagen
said the state supports this legislation as it has an interest in
protecting Veterans and in preventing identity theft.
Senator Stegner asked about the detailed language on page two, line four
of the bill. Mr. Von Tagen stated that although it is specific, there is a need
to protect Veterans who are unaware of this change. Senator Stegner then
questioned lines five and six which referred to additional documents. Mr.
Von Tagen
stated that historically there have been many varieties of
discharge documents. Senator Davis stated he concedes that if
redactment of certain information occurred, the protection for the Veteran is
principally there, and then he asked the need for sub part F on page three.
Mr. Von Tagen explained that there may still be a reason to record the DD-214 with a social security number that has not yet been identified or possibly
a Veteran may not redact or realize their risk if they are disabled. He said it
is also important to protect merchants who may also be victims.
Pat Teague from the Idaho Division of Veterans Services stated that he
supports this legislation. Their office receives about 500 copies of
discharges monthly. The DD-214 contains a lot of information that should
remain confidential.

Bob Finney, the State Commander of Veterans of Foreign Wars stated that
they strongly support this legislation as it protects the privacy rights of
Veterans.

Marty Durand who is the legal council for the local American Civil Liberties
Union stated that this is a rare occasion when they are in support of an
exemption. Although the public’s right to know is always an important
consideration, this is a different situation. The issue is the right to privacy for
Veterans and the public interest is not served to release these documents.
They strongly support this bill.

Richard Jones who is an Administrator for the Idaho Division of Veterans
stated that the original intent of recording of DD-214’s at the local courthouse
was safekeeping of the records. In the past year, three Veteran’s homes in
Idaho were destroyed by fire and they lost all documents. To track
documents can be a very difficult and time consuming effort. He supports
this legislation.

Michael Grigsby who is the National Vice Commander for Region 3 of the
Order of the Purple Heart stated that upon his separation from the military,
he followed his final order and had his DD-214 recorded. He did not
anticipate the risks that increased technology would present. He supports
this legislation.

Jim Adams who is the Senior Vice Commander Post 63 stated that the
1,700 members in their post support this legislation. He said that trying to
obtain a lost DD-214 is a very time consuming process. Senator Geddes
asked if the military keeps copies of these records in case of loss. Mr.
Adams said it depends as some records have been lost in fires. It is his
experience that when a Veteran needs these documents, he needs them
immediately.

Senator Davis asked if the Association of Counties has spoken yet on this
bill and the expense they might have with regard to the fiscal impact. Dan
Chadwick
, the Executive Secretary for the Idaho Association of Counties
stated that they support this legislation. He said it does allow for the future
creation of a separate index for DD-214’s. They think it is a manageable
change with no serious expense. Senator Davis had a question about the
language in Section 9-304C. Mr. Chadwick referred to page two, line ten
and the phrase “reasonably retrievable.”

Mr. Von Tagen stated that this is good legislation and he recommends the
one change to Title which requires that on page one, line nine , they insert
“not” after the word “shall.” The correction to the title can be handled in the
Senate.
MOTION: Senator Stegner made a motion the committee send H84 to the floor of the
Senate with a do pass recommendation. Senator Little seconded the
motion. The motion was approved by a Voice Vote. Senator Richardson
will sponsor this bill in the Senate.
ADJOURNMENT There being no further business, the meeting was adjourned at 4:00 P.M.






DATE: February 7, 2003
TIME: 3:00 pm
PLACE: Room 437
MEMBERS
PRESENT:
Chairman Sorensen, Vice Chairman Richardson, Senators Darrington,
Geddes, Davis, Little, Calabretta
MEMBERS

EXCUSED:

Senator Stegner and Senator Stennett
MINUTES: Senator Davis made a motion to approve the minutes for February 5,
2003 with corrections. Senator Calabretta seconded the motion. The
motion carried by a Voice Vote.
Chairman Sorensen stated that Representative Bert Stevenson would
present HCR 9 to the committee first.
HCR 9 Stating Legislative Findings and authorizing the Legislative Council to
appoint a Committee on Energy
Representative Stevenson stated that the purpose of this legislation is
to allow the Legislative Council to appoint a committee to study the
subject of energy related issues.
MOTION: Senator Richardson made a motion that the committee send HCR 9 to
the floor of the Senate with a do pass recommendation. Senator
Calabretta seconded the motion. The motion carried by a Voice Vote.
Senator Stegner will sponsor this bill in the Senate.
RS12833 A Senate Concurrent Resolution Stating findings and Authorizing the
Legislative Council to appoint a committee to undertake and complete a
study of Taxation Matters regarding the sales and use tax.
Senator Werk stated that this legislation authorizes the Legislative
Council to appoint a committee to undertake and complete a study of
taxation matters. Chairman Sorensen asked Senator Werk if he was
aware of any other committees that were making similar proposals.
Senator Werk stated that there was a committee in the House and
possibly a proposal from the Speaker.
MOTION: Senator Darrington made a motion that the committee introduce RS
12833 to print and then return it to the State Affairs Committee. Senator
Calabretta seconded the motion. The motion carried by a Voice Vote.
Senator Werk will be the sponsor for this bill.
RS12966 Relating to the Idaho Real Estate Brokerage Representation Act;
amending Section 54-2087, Idaho Code, to delete language requiring that
brokerages and their licensees conduct certain investigations
Alex La Beau representing the Idaho Association of Realtors stated
that a subsequent version of this bill was in Commerce and Human
Resources Committee and this new RS was written to address some of
the concerns brought up about the previous bill. He is requesting that it
be introduced to print and returned to the Commerce and Human
Resources Committee.
MOTION: Senator Calabretta made a motion to introduce RS12966 to print.
Senator Richardson seconded the motion. The motion carried by a
Voice Vote.
Gubernatorial Reappointment of Trent Clark of Soda Springs, Idaho to
the State Building Authority for a term ending January 1, 2008
Trent Clark reviewed his credentials for the committee. He stated that he
has worked on the State Building Board through the initial development of
sixteen public buildings. He believes the Building Authority has one job
and that is to carry out the wishes of the Legislature. They work to
develop the most economic and efficient means to construct each project.
The Building Authority watches the bond rate very closely and can
construct at less than the cash rate due to Idaho’s excellent bond rating.
He feels it is very important to preserve the bond rate. Senator
Richardson
asked if the current budget situation was having an adverse
effect on the Building Authority. Mr. Clark stated that the debt service is
paid out of the General Fund in the form of Annual Lease Payments. He
said that they can build any structure the Legislature refers to them in the
form of a resolution.
MOTION: Senator Little made a motion that the committee recommend to the full
Senate the Reappointment of Trent Clark to the Idaho State Building
Authority. Senator Darrington seconded the motion. The motion carried
by a Voice Vote. Senator Geddes will be the sponsor in the Senate.
ADJOURNMENT There being no further business, the meeting was adjourned at 3:30 P.M.






DATE: February 10, 2003
TIME: 3:00 pm
PLACE: Room 437
MEMBERS
PRESENT:
Chairman Sorensen, Vice Chairman Richardson, Senators Darrington,
Geddes, Davis, Stegner, Little, Stennett, Calabretta
MEMBERS
EXCUSED:
None
MINUTES: Senator Calabretta made a motion that the committee approve as written
the minutes of February 7, 2003. Senator Little seconded the motion.
The motion carried by a Voice Vote.
RS12619 Relating to Political Cyber-fraud; Amending Title 34, Idaho Code, by
addition of a new Chapter 26
Senator Stennett stated that this bill is modeled from the National
Conference of State Legislatures and it makes illegal the practice of co-opting the website domain name or address of a competitor for political
office in order to keep the public away from the competitor’s website.
Senator Richardson asked for further definition of political cyber-squatting. Senator Stennett referred to Section 34-2603, lines 35 to 40
and page two, lines 1-12 of the bill, which give further definition.
Chairman Sorensen asked who enforces this legislation. Senator
Stennett
said that a person would have to seek due process through the
courts. Senator Little asked about the site of an opera singer who has
his same name. Senator Stennett said as long as he doesn’t use
Senator Little’s title, there would be no guilt.
MOTION: Senator Calabretta made a motion to introduce RS12619 to print.
Senator Little seconded the motion. The motion carried by a Voice
Vote
.
RS12593C2 Relating to the Idaho Building Code Act; Repealing Sect. 39-4009,
Relating to certification of Plant Supervisors
Jack Lyman representing the Idaho Manufactured Housing Association
explained that this bill would allow the five plants in Idaho that construct
manufactured housing to also construct modular buildings if they use
journeymen electricians and plumbers to supervise the installation of
electrical, plumbing and heating systems. He requests this bill be
introduced to print and then returned to the Commerce and Human
resources Committee.
MOTION: Senator Stennett made a motion that RS12593C2 be introduced to print.
Senator Stegner seconded the motion. The motion carried by a Voice
Vote.
RS12968 Relating to the State Militia; Amending Section 46-605, Idaho Code to
provide that officers and enlisted personnel in active service of the state
may accept, in lieu of certain pay entitlements, greater pay and
allowances available from other government departments or agencies
Adjutant General Jack Kane explained that this change to Idaho code
will allow personnel to receive increased pay as has been occurring for
some time. Agreements with the Department of Interior and the Forest
Service have allowed military personnel to assist with wild fires and be
compensated accordingly. He stated that this change will bring the code
up to date and will save money.
MOTION: Senator Richardson made a motion to introduce to print RS12968.
Senator Stegner seconded the motion. The motion carried by a Voice
Vote.
RS12664 Relating to No Telephone Solicitation Contact Lists: to revise the
type of subscriber
Senator Keough stated that this legislation was a result of feedback she
has received from her constituents who would like to be included on the
no call list. The purpose of this bill is to amend the “No Telephone
Solicitation Contact” code to allow home-based businesses to access this
service.
MOTION: Senator Calabretta made a motion that RS12664 be introduced to print.
Senator Geddes seconded the motion. The motion carried by a Voice
Vote.
RS12863C1 Relating to Marriage; Sect. 32-209, Idaho Code, to clarify the public policy
of Idaho regarding relationships intended as substitutes for marriage
Senator Mckenzie stated that this legislation was intended to amend
Idaho’s Defense of Marriage Act. The purpose of this bill is to clarify that
relationships intended as substitutes for, or the equivalent of, marriage
are against the public policy of the state. He said that eight other states
have now chosen to recognize some of these agreements and he feels
Idaho should make their own determination. Clinton Miner of the Attorney
General’s office drafted this legislation. Senator Calabretta asked if this
bill intended to say that you cannot enter into a marriage for financial
reasons. Senator McKenzie said that if we want to extend marriage
benefits, then Idaho should create their own law.
MOTION: Senator Davis made a motion to introduce to print RS12863C1. Senator
Richardson seconded the motion. The motion carried by a Voice Vote.
Senator Calabretta and Senator Stennett are recorded as voting no.
Gubernatorial Appointment of Roger Simmons as Director of
the Idaho State Lottery
for a term commencing January 20, 2003
and continuing at the pleasure of the Governor.
MOTION: Senator Darrington made a motion that the committee recommend to
the full Senate the appointment of Roger Simmons as Director of the
Idaho State Lottery. Senator Stegner seconded the motion. The motion
carried by a Voice Vote. Chairman Sorensen will be the sponsor in the
Senate.
H13AA Adoption of policies regarding disposal of surplus personal property
of the state
State Controller Keith Johnson stated that as controller he is the
Secretary to the Board of Examiners. This legislation proposes to align
code with the surplus personal property policy of the State Board of
Examiners and to clarify and consolidate authorization for disposal of real
and personal surplus property by the board according to Idaho Code. He
said that prior code required advertisement in newspapers and auctions
which is expensive particularly when the property has no useful life. This
change would allow them to dispense with this property more easily
through possible use of e-bay or on-line auctions.
Senator Stegner asked if currently the board can make rules without
being subject to IDAPA (Idaho Department of Administrative Procedures
Act) or legislative oversight. Mr. Johnson stated that Constitutional
Boards are not required to go through rulemaking. Senator Stennett
asked about the word “personal” in line 29 as it seems the opposite of
public property. Mr. Johnson said that in this case, real property refers to
land while personal property refers to things such as decks, equipment
and computers. Senator Stennett asked about line four of the
amendment and the “highest responsible bidder”. Mr. Johnson said that
means the bidder has met the minimum requirements. Senator Stennett
asked if this meant the highest bidder could lose. Mr. Johnson stated that
there is a pre-qualification of who can bid but generally the highest bidder
would win. Senator Geddes asked if an item is auctioned on e-bay, can
a state employee become the owner. Mr. Johnson said that state
employees and legislators are prohibited from bidding. Senator Geddes
asked how that would be tracked on e-bay. Mr. Johnson said the
identification would occur at the time of transfer of title. Senator
Calabretta asked if the transfer of used equipment between school
districts would still be possible. Mr. Johnson said it would.
Senator Davis questioned some of the language in the amendment and
asked about the bidder pre-qualification. Mr. Johnson stated that they
have to meet the legal requirement of Idaho Code to bid on state property.
Senator Little asked about the reference to surplus real property. Mr.
Johnson said this legislation refers to personal property only. Senator
Stennett said that 67-2024 is a change to adopting policies and
procedures rather than rule changes and it seems it could effect real
property. Kathy Ewert, Assistant to Mr. Johnson, said that this is not a
change of code but rather a re-affirming of the Boards duties. She said
that the Board governs personal property and Constitutional Officers are
exempt from IDAPA requirements. Senator Stegner said that he is not
familiar with policies and procedures terminology, but he is disturbed
since the sale of personal property is a sensitive area that has a history of
abuse and the potential for abuse.
Senator Calabretta asked if there is an IDAPA Rule in place on the
disposal of personal property. Mr. Johnson said there is not. Senator
Stegner said the Board of Examiners has a lot of responsibilities but it is
not the intent of the Legislature to exempt them from oversight. If that was
the case, it could be the start of a slippery slope and we should pause to
look closer. Senator Davis asked if the Board of Examiners is a
Constitutional Body or are they Constitutional Officers. Mr. Johnson said
they are a Constitutional Body. Senator Davis asked if the Administrative
Act applies only to officers or would it apply to the Board members. Mr.
Johnson said he was not prepared to address that issue.
MOTION: Senator Stegner made a motion that the committee hold H13AA to
provide further opportunity to clarify the bill. Senator Little seconded the
motion. The motion carried by a Voice Vote.
S1069 Relating to beer and wine restrictions concerning age: Amending
Section 23-943
, Idaho Code, to provide that persons who are eighteen
years of age or older may, on premises licensed for the sale of beer or
wine only for consumption off the licensed premises, sell, possess, or
deliver beer or wine in the course of their employment
Senator Noble stated that as the owner of a small business, it is
important that he can get and maintain good help. He said it is also
important for employees to get jobs with better pay. The objective of this
legislation is to change the age by which the employees of retailers may
sell beer and wine from the age of nineteen to eighteen. He said that
currently there is a year difference for the sale of alcohol versus the sale
of tobacco. He also read a letter from Sean Davis who owns Stinker
Stations which stated that he supports this legislation.
Senator Geddes asked if kids are currently employed who aren’t old
enough to sell tobacco, is there adult management required to be on
sight. Senator Noble said there must be upper management and there is
a penalty process of fines for both the business and the employee with
regards to the sale of tobacco products to minors. Senator Calabretta
asked if this relates to stocking alcohol. Senator Noble said currently a
minor can stock both alcohol and tobacco.
Ryan Davidson, a constituent from Garden City, stated that he supports
S1069. He believes that eighteen year olds should be given more
choices and this change can increase freedom for Idahoans.
Pam Eaton, President of the Idaho Retailers Association, stated that they
support this bill. It will open opportunities for eighteen year olds and
college students.
Steve Rutherford from the Boise City Attorney’s Office, said he was
present on behalf of the Idaho Chiefs of Police. They are concerned that
the age for dispensing is going down. This bill could potentially allow an
eighteen year old to be manning a store by himself at night when his
buddies could come in. They oppose this legislation.
MOTION: Senator Davis made a motion that S1069 be held in committee. Senator
Richardson seconded the motion.
Senator Calabretta made a substitute motion that the committee send
S1069 to the floor of the Senate without recommendation. Senator
Stennett seconded the motion. In a roll call vote, the motion was
approved. Senator Noble will sponsor this bill in the Senate.
ADJOURNMENT There being no further business, the meeting was adjourned at 4:00P.M.






DATE: February 12, 2003
TIME: 3:00 pm
PLACE: Room 437
MEMBERS
PRESENT:
Chairman Sorensen, Vice Chairman Richardson, Senators Darrington,
Geddes, Davis, Stegner, Little, Stennett, Calabretta
MEMBERS

EXCUSED:

NONE
MINUTES: Senator Calabretta made a motion that the minutes for February 10,
2003 be approved as written. Senator Richardson seconded the motion.
The motion carried by a Voice Vote.
Gubernatorial Reappointment of Blanch M. Weber of Lewiston,
Idaho, to the Bingo- Raffle Advisory Board for a term expiring
January 7, 2005.
Chairman Sorensen stated that the reappointment of Blanch Weber had
been reviewed at a previous meeting. An inquiry about her political party
has now been resolved as she stated when contacted that she is a
Democrat.
MOTION: Senator Calabretta made a motion that the committee recommend to the
full Senate the reappointment of Blanch M. Weber to the Bingo-Raffle
Advisory Board. Senator Stegner seconded the motion. The motion
carried by a Voice Vote. Senator Calabretta will be her sponsor in the
Senate.
RS12480C1 Senator Geddes, the sponsor of this legislation, requested that this bill
be delayed for further revision. There was no objection.
RS12479 Relating to the Public Utilities Commission; to provide for a public
hearing on rate increases prior to the commission receiving the
Commission’s staff recommendation
Senator Geddes stated that the purpose of this legislation is to provide
for a public hearing on rate increases prior to the commission receiving
the commission staff’s recommendation.
MOTION: Senator Davis made a motion that RS12479 be introduced to print.
Senator Richardson seconded the motion. The motion carried by a
Voice Vote.
RS 12928 Relating to the Right to Work; Repealing the “Right to work”
Senator Malepeai introduced Dave Whaley, President of the AFL-CIO
(American Federation of Labor and Congress of Industrial Organizations).
He stated that this legislation’s intent is to repeal the “Right to Work.” He
said that Federal Law supercedes the vast majority of Idaho Law. He said
he believes that historically, the “Right to Work bill’ has lead people to
believe it would improve economic conditions in this state. He feels this
law actually suppresses the wages in Idaho. Senator Stennett stated
that he feels Idaho has low wages compared to other states which
requires two income households and has a negative effect on the state
budget. He would like to have a hearing on this matter.

Senator Calabretta stated that historically labor in her district has had a
significant role in providing employees and working families with safety in
the work place, health insurance benefits which carry on to retirees, and
pension benefits. This does reflect positively on the state budget and our
people have been well taken care of by unions at the time they were
active.

MOTION: Senator Stennett made a motion that RS12928 be introduced to print.
Senator Calabretta seconded the motion. The motion failed in a Roll
Call vote. Senators Stegner, Stennett, and Calabretta voted yes.
Senators Sorensen, Richardson, Darrington,Geddes, Davis and Little
voted no. RS12928 will be returned to it’s sponsor.
RS12985 Relating to Pay Grades, Merit Increases, and other Classified State
Employees
Senator Burkett stated that this bill amends Idaho Code S67-5309C to
change the way in which bonuses are awarded to state employees such
that a greater number of qualifying employees could be awarded bonuses
within current agency budgets. This bill would limit the amount of
bonuses to no more than one thousand dollars over a three year period
such that more employees who are eligible for bonuses can be awarded
them under budgetary requirements. Senator Davis stated that at the
CEC (Change in Employment Compensation) meeting , Anne Heilman
made a recommendation for the formation of an Interim Committee to
address the inequities in compensation. Senator Burkett said he had not
spoken with her.
MOTION: Senator Calabretta made a motion that the committee introduce to print
RS12985. Senator Stennett seconded the motion. The motion carried
by a Voice Vote.
Chairman Sorensen then asked Vice Chairman Richardson to chair the
committee while she presented two bills.
RS12990 Relating to the Idaho Employer Alcohol and Drug-Free Workplace
Act;
Amending Section 72-1701, Idaho Code to remove language
referencing only private employers
Senator Sorensen stated that she had presented previous legislation to
the Commerce and Human Resources Committee which after review
needed some corrections. This is the corrected bill. The purpose of this
legislation is to expand the Idaho Drug-Free Workplace Act to include
Public Employers. She is requesting that it be introduced to print.
Senator Stennett asked why Public Employers have not been included.
Senator Sorensen stated that they have been included in the program
but have not been able to participate because they could not comply with
the requirements of the program due to constitutional constraints.
MOTION: Senator Davis made a motion that the committee introduce to print
RS12990. Senator Stegner seconded the motion. The motion carried by
a Voice Vote.
RS12862 Relating to the creation of Success Scholarships for Idaho Students
in Post-Secondary
Institutions
Senator Sorensen stated that the purpose of this legislation is to create a
Success Scholarship Program for Idaho Students who qualify. This
program will provide a level of financial support to Idaho students who
have graduated from an Idaho High School or obtained a GED. It will
encourage Idaho High School Students to pursue a public college
education in Idaho and complete a degree in a timely manner. Senator
Sorensen stated that the Success Scholarship Program would be
financed with 1/3 of the state lottery proceeds, the Promise Scholarship
funds, and possibly 5% of the profits from Tribal gaming. She said that
currently many people think that the Lottery Funds go to education, but
do not really know where the money goes. Senator Darrington stated
that the Building Funds which are directed to his district are critical for
their capital improvements and he asked if this bill would be a diversion.
Senator Sorensen said that the Lottery Funds would be divided into
thirds which could decrease some allocations. Senator Davis asked if it
would apply to private schools. Senator Sorensen said it applies to public
schools only. Senator Davis asked if it applied to East Idaho Technical
College. Senator Sorensen said it would. Senator Stennett said that he
has concerns as he represents nine local districts that are very dependant
on the Lottery funds.
MOTION: Senator Stegner made a motion that the committee introduce to print
RS12862. Senator Calabretta seconded the motion. The motion carried
by a Voice Vote.
Chairman Sorensen resumed chair of the committee having completed
her two bills.
S 1060 Relating to the Uniform Electronic Transactions Act:, to provide that
any notice or record required to be sent certified mail may be transmitted
electronically if the recipient has given consent
Senator Lodge stated that this legislation was the result of a review by
the Attorney General’s office which clarifies the law with regards to the
alternatives to certified mail. It has been reviewed by the Department of
Administration and the Comptroller without objection. Senator Davis
asked Senator Lodge if she had reviewed these changes with Dale Higer
who is a Commissioner for Uniform State Laws. Senator Lodge said she
had not. Senator Davis referred to a recent notice he had received from
his bank which disclosed changes in terms and conditions and required
no written consent on his part. He expressed concern about not having
consent in writing and how it may be interpreted by the courts. Senator
Lodge
agreed that this issue may need further investigation.



Chairman Sorensen stated that if there was no objection by the
committee, S1060 and S1061 could be held until a future date when the
sponsor has resolved these concerns. There was no objection.

Chairman Sorensen presented a gift and letter of commendation to
Katie Wiersma for service as Page to the senate State Affairs
Committee.
ADJOURNMENT There being no further business, the meeting was adjourned at 3:45 P.M.






DATE: February 17, 2003
TIME: 3:00 pm
PLACE: Room 437
MEMBERS
PRESENT:
Chairman Sorensen, Vice Chairman Richardson, Senators Darrington,
Geddes, Davis, Stegner, Little, Stennett, Calabretta
MEMBERS

EXCUSED:

None.
Minutes for February 12, 2003, were held until the next meeting.
Chairman Sorensen introduced Brittany Jensen from Idaho Falls who
will be the page to the State Affairs committee for the second half of the
session.
RS12961 Relating to the Regional Public Transportation Authority, Amending
Sect 40-2104, to clarify it is a political subdivision of the state
Senator Ingram introduced Roy Eiguren to present this legislation. Mr.
Eiguren is an attorney with Givens-Pursley and is representing Valley
Ride, a regional transportation agency. He stated that this legislation
amends Idaho code sections governing a Regional Public Transportation
Authority (RPTA). It provides that an RPTA is a political subdivision of
the state, thus making it clear that it is a governmental agency for
purposes of tort liability. The legislation also amends the posting
requirements to provide annual budgets be posted within the boundaries
of the counties within the RPTA as well as at the administrative offices of
the RPTA.
MOTION: Senator Davis made a motion that the committee introduce to print
RS12961. Senator Richardson seconded the motion. The motion
carried by a Voice Vote.
S1112 Relating to State Militia: Amending Section 46-605, Idaho Code to
provide that officers and enlisted personnel in active service of the state
may accept, in lieu of certain pay entitlements, greater pay allowances
available from other government departments or agencies
General Kane stated that this proposal modifies existing Idaho Code 46-605, to allow members of the state militia when serving on state active
duty to waive pay at the state active duty rate and accept greater pay
when available from and provided by other government sources. He
stated that this has been done without statutory authority and this
change will codify the law to allow the payments. Senator Richardson
asked what agencies would be making such payments. General Kane
said primarily the Bureau of Land Management and the United States
Forest Service.
MOTION: Senator Calabretta made a motion that the committee send S1112 to
the floor of the Senate with a do pass recommendation. Senator
Richardson seconded the motion. The motion was approved by a
Voice Vote. Senator Calabretta will sponsor this bill in the Senate.
S1113 Relating to No Telephone Solicitation Contact Lists; to revise the type
of subscriber
Senator Keough stated that this legislation was the result of a request
by some of her constituents who have home-based businesses and
desire the ability to sign up on the no call list. The purpose of this bill is
to amend the “No Telephone Solicitation Contact” code to allow home-based businesses to access service.
Senator Davis stated that he has an office in his house but the phone
book doesn’t show it. He gets billed at a post office box. He questioned
how a solicitor would know this is a residence rather than an office on
Main Street. Senator Keough said the calling company would not know
but you would know if your name was on the list. This change would
allow them to access the no call list. Senator Calabretta said that she
did not comprehend why businesses could not be on the list. Senator
Keough stated that since she was not on the germane committee when
the “No Telephone Solicitation Contact” code was developed, she could
not explain. Senator Stegner asked if you have a business in your
home, isn’t it identified with the phone company and you have a different
charge. Senator Keough said she thought that was the case. Senator
Stegner asked why all businesses were not allowed on the list. Senator
Keough said she would favor such a change but started with the home-based businesses. Senator Little said that his neighbor, who is a
commodities broker and makes thousands of dollars, could get on the list
but then Ma’s Service Station who makes a lot less could not. Senator
Keough said they could amend the bill to allow all businesses. Senator
Little said his understanding was that the Federal government had
adopted a similar model and he asked how they had addressed
businesses. Senator Keough said she did not have the details on that.
Senator Stennett asked if the constituents Senator Keough was
referring to are paying business or residential line rates. Senator
Keough
said they were paying business rates. Senator Calabretta
asked if those phones were also being used for non-business calls.
Senator Keough said that was a possibility but the concern was that the
solicitation calls can be very disruptive to their business environment.
MOTION: Senator Calabretta made a motion that the committee send S1113 to
the floor of the Senate with a do pass recommendation. Senator
Stennett
seconded the motion. Senator Stegner made a substitute
motion to send S1113 to the amending order which failed due to the
lack of a second. Senator Davis stated that he would be opposing
S1113. He said that the “No Telephone Solicitation Contact” code was
designed to protect those who are less able to say no. Businesses do
not fit into that category. He feels this change could have an icing effect
on business. The primary reason for the legislation does not apply to a
business and therefore he will not be supporting this legislation.
Chairman Sorensen called for a vote on the motion to send S1113 to
the Senate with a do pass recommendation. The motion failed by a
Voice Vote.
H89A Relating to the powers and the duties of the State Controller
Keith Johnson, the Controller for the state of Idaho, stated that this
legislation is a companion bill to H55 which was signed into law last
week. This legislation proposes to update the statutes relating to the
Idaho State Controller and the state accounting and payroll systems by
reflecting current practices and organizational structure of state
government more accurately. He said he has met with the auditors
regarding this bill and has their approval.
MOTION: Senator Little made a motion that the committee send H89A to the floor
of the Senate with a do pass recommendation. Senator Geddes
seconded the motion. The motion carried by a Voice Vote. Senator
Richardson will sponsor this bill in the Senate.
H13A Relating to the Disposal of Surplus Personal Property of the State of
Idaho, Amending Sect. 67-2024
Chairman Sorensen reminded the committee that this bill had been
heard previously and was held in order to resolve some issues and get
additional information.
Keith Johnson stated that this legislation proposes to align code with
the surplus personal property policy of the State Board of Examiners and
to clarify and consolidate authorization for disposal of real and personal
surplus property by the board according to Idaho Code. They have met
with some of the committee members to answer some of the concerns
raised by this committee at the last hearing.
Senator Davis stated that he has met with representatives from the
Controller’s office and done some research and that he now approves of
this bill.
MOTION: Senator Davis made a motion that the committee send H13A to the floor
of the Senate with a do pass recommendation. Senator Richardson
seconded the motion.
Senator Little said he also had received additional information regarding
this bill but still has questions about Policies and Procedures versus
Rules. He asked if all surplus property is the sole jurisdiction of the
Board of Examiners and therefore the Legislature has no control. Mr.
Johnson
said that since the Board of Examiners is a Constitutional
body, they are exempt from IDAPA. If it is the desire of the Legislature to
specify the rules for disposing of surplus personal property then the
responsibility for disposal of surplus property would have to be taken
away from the Board of Examiners. Senator Little asked if all agency’s
surplus property were under the Board of Examiners. Mr Johnson said
not exactly. He said that as he understands it, the Board has
responsibility for real property that is classified as State Administrative
Property and surplus personal property such as computers. Senator
Stegner
asked what is the history and if this was a change. Mr. Johnson
stated that this bill brings into code the way the Board has operated for a
number of years. Senator Calabretta said she has not received
additional information and that this bill is still disturbing to her. Senator
Stennett said his question goes back to the Ada County Court House
and whether the Board of Examiners has supervision over it. Mr.
Johnson was not sure if the Ada County Court House is a State
Administrative Property. He read from a hand out regarding the definition
of a State Administrative Facility. He said according to his understanding
of that definition, the Board would not control the Ada County Court
House. Senator Stennett said that he did not necessarily agree with Mr.
Johnson’s conclusion and he said he remains uncomfortable with the bill.
MOTION: Senator Stennett made a substitute motion that H13A be held in
committee. Senator Calabretta seconded the motion.
Senator Davis stated that he is against the substitute motion. He pulled
the constitutional provision that addresses the Board of Examiners and
also looked at the Idaho Administrative Procedures Act. Since the
Administrative Procedures Act does not apply as against Constitutional
officers, that to request it to apply against even the other responsibilities
numerated for these Constitutional officers while functioning within this
Board, goes beyond what was contemplated by the Idaho Administrative
Procedures Act. It is his understanding that procedures and policies are
available in writing and a copy has been given to committee members
today. He said if we were talking about arbitrary standards, he would
have substantially more concern, but probably would still feel duty bound
to agree with the requests being made. So he opposes the motion to
hold. Senator Little said he doesn’t have a problem with the examiners
responsibilities but he is concerned about asset drift. We may think that
they are under IDAPA in one agency and then all of a sudden for
convenience of that agency, they move to the Board of Examiners. If
an agency wants to circumvent a rule, can it just opt to go under the
Board of Examiners jurisdiction instead of the original agency’s rules.
Mr. Johnson said he did not think that would happen. If rules apply to a
piece of property that would hold and take precedence. If a property did
not fall under any IDAPA rules then it may be subject to the State
Administrative Properties part of this bill. Senator Stennett said he did
not feel well versed in what properties might come under this legislation
and that he does not want the legislature to lose it’s ability to have a look
at a property. Senator Stegner said he has trouble with line 36 on page
one where it strikes out “at public sale” and inserts it is up to them to ”
transfer, recycle, or discard.” He feels that it is loose language which he
is not comfortable with . Senator Darrington asked if it will cost more to
advertise some stuff than it is worth. Mr. Johnson said that very
consideration is why they want to get this bill through since some
agencies are spending more on advertising, auction and relocation of the
property than they are able to recover. He also said in replying to
Senator Stegner, they would certainly be willing to accept some kind of
a threshold for public sale. Senator Stegner said he thought that was
where they might go on this bill in order to establish some control.
Senator Davis said he had shared the same concern as Senator
Stegner until he referred to page two, the last sentence where it says
“the Board of Examiners shall adopt internal management policies and
procedures for the disposal of state surplus personal property to
efficiently dispose of surplus personal property, to allow conveyance of
surplus personal property to other state and local agencies, to offer state
surplus personal property for sale to the public at large and to provide for
maximum value received by the state of Idaho with attendant benefits to
its citizens.” Then you pick up the language the House has added on to
this bill, that if they don’t make the transfer to another government
agency and still decide to sell the property, then they still have to satisfy
public notice and sell it to the higher responsible bidder. For these
reasons he said he felt safe in signing off on this bill. Senator
Calabretta
said that she felt the intent of IDAPA is to protect the public
and she is not satisfied that the Board has a group exemption as
Constitutional officers.
MOTION: A roll call vote was taken on the substitute motion to hold H13A in
committee. Senators Geddes, Stegner, Stennett, and Calabretta voted
yes. Senators Sorensen, Richardson, Darrington, Davis and Little voted
no. The substitute motion failed.
A roll call vote was held on the original motion to send H13A to the
floor
of the Senate with a do pass recommendation. Senators
Sorensen, Richardson, Darrington, Davis, and Little voted yes. Senators
Geddes, Stegner, Stennett and Calabretta voted no. The motion
carried.
Senator Davis will sponsor H13A in the Senate.
ADJOURNMENT There being no further business, the meeting was adjourned at 3:45 P.M.






DATE: February 19, 2003
TIME: 3:00 pm
PLACE: Room 437
MEMBERS
PRESENT:
Chairman Sorensen, Vice Chairman Richardson, Senators Darrington,
Geddes, Davis, Stegner, Little, Stennett, Calabretta
MEMBERS

EXCUSED:

None
MINUTES: Senator Calabretta made a motion that the minutes for February 12,
2003 be approved as corrected. Senator Stennett seconded the motion.
The motion carried by a Voice Vote.
Senator Richardson made a motion that the minutes for February 17,
2003 be approved as written. Senator Darrington seconded the motion.
The motion carried by a Voice Vote.
RS12639 Concurrent Resolution authorizing the legislative council to appoint a
committee to undertake and complete a study of Public Transportation
Systems
Senator Ingram stated that the request for a study committee on Public
Transportation in Idaho has been a top priority communicated from the
Chambers of Idaho. He said the fiscal requirements could be covered by
the Legislative Council Budget. He said that many people feel it is critical
to the improvement of the Treasure Valley Air Shed.
Chairman Sorensen asked about non-legislative members being
appointed and the fiscal requirement for their travel and per diem.
Senator Ingram stated that as volunteers they would not be paid and
there were many interested people. Senator Darrington agreed that
using volunteers was consistent with the intent of the study committees.
MOTION: Senator Richardson made a motion that RS12639 be introduced to print.
Senator Calabretta seconded the motion. The motion was approved by
a Voice Vote. Senator Ingram will sponsor this bill in the Senate.
RS12649 Related to Agricultural Field Burning: to prohibit crop residue
burning on the
Rathdrum Prairie on certain days
Senator Keough stated that she is requesting this bill be introduced to
print and then directed to the Agricultural Affairs Committee which has
been approved by that Committee Chairman. The issue of grass burning
was being mediated but it has now broken down. The southern cities in
her district are recipients of the smoke and they need relief. Senator
Stennett asked what the penalty is under Chapter 9. Senator Keough
said she would need to refer to the code. Senator Richardson said he
thought that their had been some progress in this area and some farmers
had transferred out of that area. Senator Keough said there has been
some movement but grass seed is still a viable industry there. The
farmers have curtailed the length of time for burning but increased the
severity. The resulting smoke drifting to the cities is causing increased
frustration. Senator Keough, as an asthmatic, has been personally
effected by the smoke. Senator Richardson asked how the people in
areas like Sandpoint feel. Senator Keough said her mail has tripled
since the law suit threat has been removed and the mediation has come
apart. They are very upset that they get the burden of the smoke.
MOTION: Senator Calabretta made a motion that RS12649 be introduced to print.
Senator Stennett seconded the motion. The motion was approved by a
Voice Vote.
RS12993 Relating to Health Insurance; to provide that the Health Care Task
Force shall monitor certain health insurance provisions
Senator Stegner stated that several years ago a statute created an
oversight committee for high risk insurance pools. Use of the Health Care
Task Force Committee will prevent the need to appoint a second
committee. Senator Stennett asked if this committee included a specific
set aside seat for the minority party and asked that the bill be amended to
that effect.
MOTION: Senator Stennett made a motion that RS12993 be held in committee.
Senator Calabretta seconded the motion.
Senator Darrington made a substitute motion that the committee
introduce to print RS12993. Senator Geddes seconded the motion. The
motion carried by a Voice Vote.
Senator Darrington stated that it is common practice for the Pro Tem to
appoint committee members. Senator Stennett said that he agrees that
the Health care Task Force has minority representation but his intention is
to have protection for the future.
RS13029 Relating to Insurance; amending Sect. 41-4003, to provide that no
registration is required
for any self-funded plan administered for a
municipality
Chairman Sorensen asked Senator Pearce to delay presentation of this
bill until the next meeting as it is necessary for him to get approval from
the Committee Chair to which the bill will be directed. Then the bill can be
introduced for print in the State Affairs Committee.
RS13018 Relating to the Idaho Certified Shorthand Reporters Act; Amending
Section 54-3108
Andrea Mihm from Sullivan-Reberger and is representing North West
Court Reporting. She stated that this bill will provide reciprocity for
individuals in the shorthand or court reporting profession. If an individual
is certified in any other state they will be able to practice in the state of
Idaho without having to take the Idaho exam.
MOTION: Senator Calabretta made a motion that the committee introduce to print
RS13018. Senator Stegner seconded the motion. The motion was
approved by a Voice Vote.
RS12915 Joint Memorial to Congress to encourage Congress to immediately and
permanently repeal the death tax
Senator Davis stated that this Joint Memorial will be directed to the
United States Congress to encourage them to repeal the death tax.
MOTION: Senator Richardson made a motion that RS12915 be introduced to print.
Senator Geddes seconded the motion. The motion carried by a Voice
Vote
. Senator Davis will sponsor this bill in the Senate.
RS12916 Joint Memorial to encourage Congress to abolish the alternative
minimum tax for individuals and corporations
Senator Davis stated that he believes the Alternative Minimum Tax is evil
and he asked the committee to join him in demanding it’s repeal. Senator
Richardson asked for further explanation of the Alternative Minimum Tax.
Senator Davis stated that it is a method Congress came up with which
strips certain individuals of their right of reductions once they meet certain
income levels. He said President Bush is trying to move away from this
policy.
MOTION: Senator Geddes made a motion that the committee introduce to print
RS12916. Senator Richardson seconded the motion. The motion
carried by a Voice Vote. Senator davis will sponsor this memorial in the
Senate.
H111A Relating to the Idaho Tobacco Master Settlement Agreement:
Brett Delange, representing Attorney General Wasden, stated that this is
an important piece of legislation that is necessary to complement the
Idaho Tobacco Master Settlement Agreement. Under Idaho’s Master
Settlement Agreement with the tobacco industry, Idaho must diligently
enforce the Act. A number of tobacco product manufacturers are not
complying with the provisions of the Act. Many of the non-compliant
manufacturers are located in foreign countries. Effecting compliance is in
some cases quite difficult because of their location. Requiring cigarette
distributors to only stamp and distribute cigarettes of tobacco product
manufacturers that are in compliance with the Act, and establishing
procedures and remedies to ensure that the Act’s provisions will be
followed will significantly improve compliance under, and assist Idaho with
its duty of enforcing, the Act. Currently, non-participating manufacturers
refuse to obey the law and they have a competitive advantage. H111A
provides a process and procedure to enforce the Act. It will create and
post a directory of participating manufacturers. This will prohibit stampers
from accepting any products from anyone not on the list.
Senator Little asked about sales on the Internet. Mr. DeLange said they
are not directly affected unless they are from within Idaho where they
must be stamped and will be bound by the list. Senator Stennett asked
how this will interact with Tribal sales. Mr. DeLange said it will not
change Tribal sales but it does impact the need for a stamp to be affixed.
Senator Stennett referred to line 23 on page two and said it doesn’t
sound like there is an exclusion for the Tribe. Mr. DeLange said that line
refers to units sold in the state that must have the stamp affixed. For
cigarettes where the stamp doesn’t need to be affixed, the law doesn’t
apply. Senator Stennett questioned the perjury penalty and asked
whether a retailer can be in violation. Mr. DeLange said no and that the
penalty applies to the manufacturer not the retailer.
MOTION: Senator Little made a motion that the committee send H111A to the floor
of the Senate with a do pass recommendation. Senator Geddes
seconded the motion. The motion carried by a Voice Vote.
H147 Relating to the award of costs of Intervention before the Public Utilities
Commission
Lynn Tominaga representing the Idaho Irrigation Pumpers Association
introduced Randy Budge the attorney for the Idaho Irrigation Pumpers
Association. Mr. Budge said he supports this legislation which amends
the current Intervenors bill. Intervenors appear at Electric Rate Cases in
an effort to keep rates down. The intent of Idaho Code 61-617A is to
encourage participation in all cases that appear before the Public Utilities
Commission in order that all parties can receive fair representation. This
bill proposes to increase the award of intervenor funding on certain cases
from $25,000 to $40,000 and it also increases the revenue threshold for
utilities before intervenor funding can be awarded. He stated that to
appear in a Rate Case is a highly complicated and protracted commitment
which usually requires such professionals as a lawyer, electrical engineer,
or economist. This funding helps those who rely on the statute to
participate in the process. This change does not increase the cost to the
utilities nor does it effect the rate payers. The Commission uses very
strict criteria in allowing these awards. Mr. Budge referred to the two
handouts he provided which identified examples of intervenor cases.
Senator Darrington asked about previous legislation and how it related
to this legislation. Senator Geddes stated that Senator Keough had
presented a bill last year which had to do with the development of a
separate consumer advocate funded from the Intervenor bill.
Senator Geddes stated that he had contacted several law firms who had
worked on PUC cases and asked them if they would agree to participate
knowing that they would get the fund payment only ($25,000), They all
said they would not. Mr Budge said that increasing the limit will enhance
the likelihood of participation but it is still probably too low of an amount.
Senator Geddes asked Mr. Budge about the Idaho Power case which
awarded $6,000 when the billed cost was $139,000. Mr. Budge deferred
to Commissioner Kjellander for this question. Commissioner Kjellander
stated that the customer must demonstrate financial need. Large
corporations can not always demonstrate financial need. Also they
require that any cost for studies done are only allowed when the study is
specifically relevant to the case. He said the Commission is very frugal
and they take their responsibility very seriously.
MOTION: Senator Stegner made a motion that the committee send H147 to the
floor of the Senate with a do pass recommendation. Senator Geddes
seconded the motion. The motion carried by a Voice Vote. Senator
Stegner will sponsor this bill in the Senate.
ADJOURNMENT There being no further business, the meeting was adjourned at 4:15 P.M.






DATE: February 21, 2003
TIME: 3:00 pm
PLACE: Room 437
MEMBERS
PRESENT:
Chairman Sorensen, Vice Chairman Richardson, Senators Darrington,
Davis, Stegner, Little, and Stennett
MEMBERS

EXCUSED:

Senator Geddes and Senator Calabretta.
MINUTES: Senator Richardson made a motion that the committee approve as
written the minutes for February 19, 2003. Senator Stegner seconded
the motion. The motion carried by a Voice Vote.
RS13039 Relating to the State Militia; Repealing Sect. 46-409, Idaho Code; to
provide the Militia Civil Relief Act
Colonel Jim Bevis , the Senior Legal Council for the National Guard,
stated that when soldiers are mobilized they go under Title 10 which
allows them certain protections. Now there is a greater need to call on
the Guard as Under Title 32, Other Duty, when they may be called up for
over 30 days. Therefore soldiers need protection on State Active Duty
status. Their needs can include re-employment rights, student credit
protection and possibly child custody rights. A new section to Idaho
Code 46-409, would provide a civil relief act for members of the State
National Guard ordered to “state active duty” or for service within the
state exceeding 30 days.
Senator Davis said he as no opposition to the intent of this legislation
but he does have concerns with regard to Section 4 and the “one subject
rule”. He said it seems they are talking about multiple subjects and
perhaps they should consider two different bills. Senator Stegner asked
if they had a legislative sponsor. Colonel Bevis said they did not.
MOTION: Senator Davis made a motion that the committee return RS13039 to the
sponsor for further consideration. Senator Little seconded the motion.
The motion carried by a Voice Vote.
RS13006 Relating to the Transportation support program for school districts;
Chairman Sorensen stated that she had received a letter from
Chairman Schroeder of the Education Committee approving the print of
this RS 13006. Senator Goedde was not able to be present today.
MOTION: Senator Richardson made a motion that the committee introduce to
print RS13006. Senator Davis seconded the motion. The motion
carried by a Voice Vote.
RS13029 Relating to Insurance; to provide that no registration is required for any
self-funded plan administered for any municipality
Senator Pearce is asking that this bill be introduced to print and then
directed to the Local Government Committee. This legislation will allow
municipalities or any other political subdivision of the state to self fund for
medical purposes. Heavily populated counties are doing this now and
this would allow small counties and other entities the same opportunity to
save money.
Senator Stennett pointed out that the fiscal statement on the Statement
of Purpose was not complete. Senator Little asked if this applied to any
municipality such as a Mosquito District. Senator Pearce said it did.
Senator Darrington asked if this change would put the entity outside of
state regulation. Senator Pearce said that it would but he had discussed
this with Mary Hartung at the Department of Insurance and she indicated
those currently self-funding are working well.
MOTION Senator Richardson made a motion that the committee introduce
RS13029 to print. Senator Stegner seconded the motion. The motion
carried by a Voice Vote.
RS13031 Relating to the apportionment of funds from the highway
distribution account
to the state controller or local units of government
Senator Ingram explained that this legislation implements a
recommendation of the 1995 Interim Committee on Transportation
Resource Management. With this legislation, the State Controller will
write a single check to a county specified entity. The amount of the
check will aggregate the amounts otherwise allocated to the jurisdictions
in the county. Such specified entity has the option of prioritizing the
funds to meet countywide economic development objectives through
road and street construction and maintenance.
MOTION: Senator Davis made a motion to introduce to print RS13031. Senator
Stegner seconded the motion. The motion carried by a Voice Vote.
Vice Chairman Richardson directed the meeting while Chairman
Sorensen presented the next bill.
RS13028 Relating to pay grades, merit increases, and other compensation for
classified state employees
Chairman Sorensen stated that Senator Cameron had worked with her
to come up with this idea which addresses bonuses. This legislation
amends Idaho Code Section 67-5309C to provide bonuses for qualifying
state employees not to exceed $1,000 in any given fiscal year based
upon suggestions or recommendations made by the employee which
resulted in taxpayer savings as a result of cost savings or greater
efficiencies to the department or state of Idaho in excess of the amount
of the bonus.
MOTION: Senator Stegner made a motion that the committee introduce to print
RS13028. Senator Davis seconded the motion. The motion carried by
a Voice Vote.
RS13049 Stating Findings of the Legislature and rejecting a certain rule of the
State Board of Education
relating to rules governing administration of
federally funded programs
Senator Davis presented this bill for Senator Geddes. He said that this
legislation repeals the current IDAPA (Idaho Administrative Procedures
Act) rule regarding money from the federal government. It allows money
to funnel through the legislature which allows the legislature to have
more impact on appropriations.
MOTION: Senator Little made a motion that the committee introduce to print
RS13049. Senator Stegner seconded the motion. The motion carried
by a Voice Vote. Senator Geddes will sponsor this concurrent
resolution in the Senate.
S1060 Relating to the Uniform Electronic Transaction Act; to provide that
any notice or record required to be sent certified mail may be transmitted
electronically if the recipient has given consent
Senator Lodge reviewed this bill as it had been before the committee
previously. She stated that in response to concerns from the committee,
she is asking that Line 20 be amended to place “express” before the
word ” consent” which should resolve the specific authorization issue.
MOTION: Senator Darrington made a motion that S1060 be sent to the fourteenth
order for amendment. Senator Davis seconded the motion. The motion
carried by a Voice Vote. Senator Lodge will sponsor this bill in the
Senate.
S1061 Relating to the Idaho Electronic Signature and Filing Act
Senator Lodge stated that this legislation eliminates inconsistencies,
overlap, and redundancies in Idaho law between the Idaho Electronic
Signature and Filing Act (IESFA) and the Uniform Electronic Transaction
Act (UETA) of 2000.
MOTION: Senator Davis made a motion that the committee send S1061 to the
floor of the Senate with a do pass recommendation. Senator
Richardson
seconded the motion. The motion carried by a Voice Vote.
Senator Lodge will sponsor this bill in the Senate.
S1123 Relating to the Regional Public Transportation Authority Act: to
clarify that a Regional Public Transportation Authority is a Political
Subdivision
Senator Ingram stated that this legislation amends Idaho Code sections
governing a Regional Public Transportation Authority (RPTA). It
provides that an RPTA is a political subdivision of the state, thus making
it clear that it is a governmental agency for purposes of tort liability. He
said that within Idaho six areas have been designated Metropolitan
Statistic Areas and they may be eligible for federal dollars. Senator
Little
asked if Compass would be an a example. Senator Ingram said
yes. Senator Davis asked if a regional authority could include more
than one county. Senator Ingram said it could. Senator Davis then
asked about line 15, and questioned the section about a political
subdivision being directly responsible to local governments. He asked if
more than one county is involved then who is the responsible authority?.
Senator Ingram said that there was some overlap and there would have
to be some give and take. Senator Davis stated that there is no RPTA
in Idaho Falls. Senator Ingram said that although Idaho Falls may not
qualify for an RPTA by itself, if they included the 50 miles surrounding it,
they may meet the numbers test. Senator Davis stated that it is his
understanding that you cannot have a regional authority across state
lines and he still questions an RPTA’s line of responsibility.
Chairman Sorensen then stated that the committee could wait until the
next meeting so Roy Eiguren could appear before the committee to
answer some of these questions. Senator Ingram said he will do the
will of the committee.
MOTION: Senator Davis made a motion that the committee hold S1123 until
Monday . Senator Stegner seconded the motion. The motion carried
by a Voice Vote.
ADJOURNMENT: There being no further business, the committee adjourned at 4:00 P.M.






DATE: February 24, 2003
TIME: 3:00 pm
PLACE: Room 437
MEMBERS
PRESENT:
Chairman Sorensen, Vice Chairman Richardson, Senators Darrington,
Geddes, Davis, Stegner, Little, Stennett, Calabretta
MEMBERS

EXCUSED:

None.
MINUTES: Minutes for February 21, 2003 were held until the next meeting.
S1123 Relating to the Regional Public Transportation Authority Act: to
clarify that a Regional Public Transportation Authority is a Political
Subdivision
Senator Ingram reviewed this bill as it had been discussed at a previous
meeting and then he introduced Roy Eiguren. Mr. Eiguren is an attorney
with Givens-Pursley and is representing Valley Ride which is a Regional
Public Transportation Authority for Ada and Canyon Counties. He gave a
brief history of RPTA’s. He said this is actually a technical correction bill.
He said this legislation makes it explicit that these types of entities are a
political subdivision and it clarifies where notices of annual budget must
be posted. He then deferred to Kelli Fairless, Executive Director of
Valley Ride. She said they currently follow the public budget process and
must post their budget in about twenty different cities, counties and
highway districts. This bill will help reduce those requirements.
Members of the committee then asked some questions of clarification.
Senator Calabretta asked if this is comparable to health districts. Mr.
Eiguren said it is not. The difference is that this legislation is permissive
and it requires definitive action by either a city and or a county to create
either a county wide district or a regional district. Senator Calabretta
asked about the liability issue. Mr. Eiguren said that all the members of
the government body are publicly elected officers of either a county or a
city so for all purposes it clearly meets the definition of a political
subdivision. Senator Stennett asked whether an RPTA has to be within
a county. Mr. Eiguren stated it could be either regional or could be within
a single county. Senator Stegner questioned line 16 with regard to a
political subdivision being supervised by local government and he asked
how a conflict between city and county government would be resolved.
Mr. Eiguren said there are defined terms in the code for that situation and
the representatives from both city and county government would
collectively make that decision. Senator Richardson asked if the
advantage of protection against tort liability afforded to these entities
could be an unfair advantage to competitors. Mr. Eiguren said to his
knowledge, there is no current competition. They are seeking the same
type of tort protection as placed on state government. Senator Davis
asked Mr. Eiguren if there were other limitations that drive his clients
desire to seek the tort benefits. Mr. Eiguren said there were not. Senator
Davis
asked Mr. Eiguren why he thought that “permissive conduct” should
be part of the public policy with regard to RPTA’s. Mr. Eiguren stated that
their rationale is that the entity is no different than the same type of
requirement that is placed under statute for cities or counties. He said
they believe that this entity at least implicitly, stands in the shoes of a city
or county. He said that it was suggested by council that this should be
made explicit. Senator Davis asked if he was that council. Mr. Eiguren
said he was not. Senator Davis asked that since there are other entities
that provide transportation, why should we provide the benefits and
protections of modified sovereignty to an RPTA since we don’t provide it
for private business. Mr. Eiguren stated that it has been the
governmental policy of the state that governmental entities that act in a
sovereign capacity are afforded limitation of tort liability. They are using
public moneys in the pursuit of the activities of the entity. And so they
think it is appropriate that since public moneys are being utilized in some
substantial way, that the provisions that would apply to a city or county
relative to tort limitation should also apply to public transportation
agencies. He admits that there is a certain degree of competitiveness
relative to riders on other buses. But in that case, there is a payment
made by the rider. In this particular case, a substantial portion of the cost
of the program to run the bus comes from state, federal or public funds.
Senator Davis questioned whether 40-206, Publication Notice, clearly
applies to more than one county. Mr. Eiguren said he thought it did but
they could make it more explicit if necessary.
MOTION: Senator Stegner made a motion that S1123 be sent to the floor of the
Senate with a do pass recommendation. Senator Darrington seconded
the motion. The motion carried by a Voice Vote. Senator Ingram will
sponsor this bill in the Senate.
H181 Relating to the Division of Veterans Services; to authorize charges
related to interment
, disinterment, and re-interment in the State Veterans
Cemetery
Senator Bailey stated that this is a simple but important bill which will
allow the charging of a fee for interment, disinterment and re-interment at
the new Veterans Cemetery. This will transfer the cost from the state to
the recipient and assist the cemetery in becoming self supporting. It
allows families to be buried there also and sets a fee for service. Senator
Richardson asked the amount of the fee. Senator Bailey deferred to
Richard Jones who is the Administrator for the Department of Veterans.
Mr Jones said the fee for interment is $300. Senator Stegner asked if
the Division of Veterans Services would be collecting the fee. Mr. Jones
said that was correct. Senator Stegner asked if that was established in
rules. Mr. Jones said it was.
MOTION: Senator Darrington made a motion that H181 be sent to the floor of the
Senate with a do pass recommendation. Senator Stegner seconded the
motion. The motion carried by a Voice Vote. Senator Bailey will sponsor
this bill in the Senate.
H182 Relating to the disposition of unclaimed Veterans remains; to
authorize the release of the unclaimed cremated remains of Veterans to
the Idaho Division of Veterans Services
Senator Bailey presented this legislation which provides for the release
of unclaimed Veterans remains to the Idaho Division of Veterans
Services. This will provide a proper and fitting burial after a one year
period of unclaimed status at a mortuary.
MOTION: Senator Geddes made a motion that H182 be sent to the floor of the
Senate with a do pass recommendation. Senator Stennett seconded the
motion. The motion carried by a Voice Vote. Senator Bailey will sponsor
this bill in the Senate.
ADJOURNMENT There being no further business, the meeting was adjourned at 3:32 P.M.






DATE: February 26, 2003
TIME: 3:00 pm
PLACE: Room 437
MEMBERS
PRESENT:
Chairman Sorensen, Vice Chairman Richardson, Senators Darrington,
Davis, Stegner, Little, Stennett, Calabretta
MEMBERS
EXCUSED:
Senator Geddes
MINUTES: Senator Calabretta made a motion that the minutes for February 21, 2003
be approved as written. Senator Davis seconded the motion. The motion
carried by a Voice Vote.
Senator Richardson made a motion that the committee approve as written,
the minutes for February 24, 2003. Senator Calabretta seconded the
motion. The motion carried by a Voice Vote.
RS13051 Relating to the Promise Scholarship Program; to provide for the Idaho
Robert R. Lee Scholarship Program
Senator Davis presented this bill for Senator Geddes. He stated that Bob
Lee was a great leader who understood the significance of education. He
knew that statistics show that students who attend university here in Idaho
remain in Idaho. Senator Lee was tireless in his effort to establish this
scholarship program. Senator Davis stated that his own son who attended
college in Utah decided to remain there to live. At the funeral of Robert Lee,
the Governor spoke of changing the name of this program.
MOTION: Senator Stennett made a motion that RS13051 be introduced to print.
Senator Stegner seconded the motion. The motion carried by a Voice
Vote.
RS13091 Relating to state buildings; building code enforcement
Senator Bunderson presented this legislation. He said it came from the
Department of Administration and seeks to clarify that when any facility is
owned by a state agency, the plans must be reviewed by the Division of
Building Safety.
MOTION: Senator Davis made a motion that the committee introduce to print
RS13091. Senator Richardson seconded the motion. The motion carried
by a Voice Vote.
RS13080 Relating to Domestic Relations; the military service shall not be a
substantial or material or permanent change in circumstance to modify
decreed child custody and visitation.
Colonel James Bevis, the senior legal officer for the National Guard,
presented this legislation. He said it develops protection for soldiers
mobilized for 30 days under Title 32. This can be a significant issue for
parents as members of the guard.
MOTION: Senator Davis made a motion that the committee introduce to print
RS13080. Senator Stennett seconded the motion. The motion carried by
a Voice Vote.
RS13039C1 Relating to the state militia; to provide the Militia Civil Relief Act
Colonel Bevis stated that since there is now a greater need for mobilization
of the guard, soldiers need protection when they are on active duty. The
Militia Civil Relief Act helps provide job security and provides benefits to
university students with regard to credits and expenses. Senator Stennett
asked if there is a small business exclusion. Colonel Bevis said the bill
covers large and small employers.
MOTION: Senator Darrington made a motion that the committee introduce to print
RS13039C1. Senator Richardson seconded the motion. The motion
carried by a Voice Vote.
S1117 Relating to pay grades, merit increases, and other compensation; how
bonuses are awarded
Senator Burkett stated that this legislation deals with performance bonuses
for state employees. It will help to make sure that bonuses are spread
throughout each agency by bringing the amount down to $300 per year.
Senator Stegner said that the Commission of Employee Compensation
(CEC) had heard that in certain areas of employment, the state has difficulty
competing with the private sector. He said one of their tools to compete is
performance bouses and perhaps this bill will restrict them. Senator
Burkett
said that incentive bonuses are different than performance bonuses
and it is up to the manager or department director to determine the amount
of money that is available for incentive and performance bonuses. Senator
Calabretta
referred to the handout about agency bonuses to clarify that
Human Resources gave ten bonuses at an average of $840 and to verify
how their chart is read.. Ann Heilman who is the Administrator for Human
Resources for the state spoke in opposition to this bill. She said she is in
favor of incentive pay but that $1,000 over three years isn’t significant
enough to have an impact. She said bonuses should be related to excellent
performance in order to motivate personnel. She said she supports a total
review of compensation. Senator Calabretta questioned where the money
came from for these bonuses. Ms. Heilman said that when there is
turnover and a gap in employment, then there is salary savings, but this
may not be consistent in all agencies. Senator Calabretta asked how that
inequity is received in the agencies. Ms. Heilman stated that the State
Compensation System allows for hiring in a range of salaries at the
discretion of management. Andrew Hanhardt from the Service Employees
International Union said they support more state employees being eligible
for recognition of excellent performances. He said that although disparity in
pay outs can have a negative effect on morale, they are headed in the right
direction.
Senator Richardson said it sounded like they are juggling dollars and that
possibly the compensation is not being used as it was intended. Mr.
Hanhardt said he would have to defer to Ms. Heilman regarding that issue.
Jeff Olson who is a representative for the Service Employees International
Union stated that this bill was written to address the concerns of state
workers as to how bonuses are delivered and this bill helps provide for real
incentives. Senator Richardson said he has received some feedback that
merit pay is not being administered well. Mr. Olson said there is a fear of
favoritism by some supervisors. Vicki Patterson representing the Idaho
Public Employees Association said that they support this legislation. Kim
Day
is a state employee of the Idaho Industrial Commission. His agency
did have salary savings and the managers tried very hard to be fair in
distribution of bonuses. However, his wife, who works for the Health and
Welfare Department which has been enduring many cutbacks, has never
seen a bonus. He said state employees need fair pay for fair work.
MOTION: Senator Davis made a motion that S1117 be held in committee. Senator
Stegner seconded the motion.
Senator Stennett made a substitute motion that S1117 be sent to the
amending order in the Senate. Senator Calabretta seconded the motion. A
roll call vote was requested.
The substitute motion to send S1117 to the amending order failed with
Senators Stennett and Calabretta voting aye. Senators Sorensen,
Richardson, Darrington ,Davis, Stegner, and Little voted nay.
The original motion to hold S1117 in committee passed with Senators
Sorensen, Richardson, Darrington, Davis, Stegner and Little voting aye.
Senator Stennett and Calabretta voted nay. S1117 will be held in
committee.
Vice Chairman Richardson chaired the State Affairs meeting while
Senator Sorensen presented S1130.
S1130 Relating to pay grades, merit increases and other compensation for
classified state employees
Senator Sorensen stated that this legislation provides bonuses for
qualifying state employees not to exceed $1,000 in any given fiscal year
based upon recommendations made by that employee which resulted in
taxpayers savings as a result of cost savings or greater efficiencies to the
department or to the state of Idaho. She said that Ann Heilman from the
Department of Human Resources has also suggested some changes. They
were that individuals involved may chose to be exempt from public
disclosure and that the bonus plan could apply to non-classified positions.
Senator Sorensen recommended sending this bill to the amending order to
make these changes. Senator Calabretta asked how confidentiality could
be maintained if the supervisor approves the change in procedure. Senator
Sorensen said approvals could be directed elsewhere to possibly the Board
of Examiners. Senator Stegner referred to lines 27 through 29 and the
exception to the $1,000 limit and said his assumption was that the Board of
Examiners could award the amount they wanted. Senator Sorensen said
that is her understanding. Senator Little stated that his understanding is
that all bonuses have been superceded by current hold backs. Senator
Sorensen
said she did not know if that was the case.
MOTION: Senator Stennett made a motion that the committee send S1130 to the
fourteenth order for amendment. Senator Little seconded the motion. The
motion carried by a Voice Vote.
H162 Relating to elections; to provide further duties of the Secretary of State
Ben Ysursa stated that this legislation is from the Secretary of State’s office
and is intended to implement the “Help America Vote Act.” There are
Federal funds which Idaho could receive for voter improvement of up to $20
million over three years. We need to change our state laws as mandated by
the federal code. In the future voter registration will be controlled by an
individual’s Department of Motor Vehicles number and there is a mandated
centralized voter registration list required. Senator Stennett asked if the
county was taken out of the mix. Mr. Ysursa stated that Section 8 sets up
the state but they will continue to work closely with the counties.
MOTION: Senator Darrington made a motion that H162 be sent to the floor of the
Senate with a do pass recommendation. Senator Calabretta seconded the
motion. The motion carried by a Voice Vote. Senator Darrington will carry
this bill in the Senate.
H164 Relating to Magistrates; filing declaration of candidacy
Dave Navarro for the Idaho Association of Cities stated that the purpose of
this bill is to change the filing date for magistrate judge retention elections
from 60 days to 90 days prior to the general election in order to give county
clerks sufficient time to make absentee ballots available.
MOTION: Senator Calabretta made a motion that the committee send H164 to the
floor of the Senate with a do pass recommendation. Senator Stegner
seconded the motion. The motion carried by a Voice Vote. Senator Davis
will carry this bill in the Senate.
H165 Relating to the Idaho Code Commission; member’s compensation shall
not be considered salary for Public Employee Retirement System purposes.

Ben Ysursa stated that this legislation would remove three members of the
Idaho Code Commission from the Public Employees Retirement System.

MOTION: Senator Stegner made a motion to send H165 to the floor of the Senate
with a do pass. Senator Richardson seconded the motion. The motion
carried by a Voice Vote. Senator Stennett will carry this bill in the Senate.
H166 Relating to petition for recall of an officer; if no district election has
been held in the last six years
Dave Navarro stated that the purpose of this legislation is to specify a
process of determining the number of signatures needed for recall elections
when a taxing district has not conducted an election within the last six years.
Senator Stennett asked about the higher standard of using 20% of the
number of electors registered to vote. Mr. Navarro said that since there is
currently no threshold, they needed a rationale. Senator Calabretta asked
if such a high threshold doesn’t prevent a recall. Mr. Navarro said that the
problem is that there is no other number to use.
MOTION: Senator Calabretta made a motion that the committee send H166 to the
floor of the Senate with a do pass recommendation. Senator Davis
seconded the motion. The motion carried by a Voice Vote. Senator
Calabretta will carry this bill in the Senate.
H247 Relating to the Broadcast of Emergency Information; civil immunity of
radio and television systems participating in the Amber Alert System
Senator Bailey said that the purpose of this legislation is to give immunity
to broadcasters when voluntarily using the “Amber Alert” system for the
purpose of finding kidnapped and abducted children. He said this has
been a statewide joint effort of various agencies. Senator Davis asked if
this bill was the extent of the enabling legislation. Mr. Bailey said it was.
Senator Davis asked the consequences if an employee participated in
willful and wonton conduct. Senator Bailey said that these requests start
at the law enforcement level of the State Police.
MOTION: Senator Richardson made a motion that the committee send H247 to the
floor of the Senate with a do pass recommendation. Senator Calabretta
seconded the motion. Senator Stennett declared a conflict and abstained.
Senator Davis made a substitute motion that H247 be sent to the
fourteenth order. Senator Little seconded the motion. Senator Davis said
the addition of sideboards would provide a more careful statutory change.
Senator Darrington stated that the “Amber Alert ” program was well
established and the State Police approved any activation. He will resist the
substitute motion.
The substitute motion to send H247 to the amending order failed on a
Voice Vote. The original motion to send H247 to the floor of the Senate
with a do pass recommendation passed by a
Voice Vote. Senator
Bailey will carry this bill in the Senate.
HCR23 Urging commitment throughout Idaho towards the effort to provide the U.S.
Capitol Christmas Tree
Representative Cuddy said this resolution is to urge all communities,
businesses, schools and residents of the state of Idaho to help with the
efforts to provide the 2003 Christmas Tree for the United States Capitol.
MOTION: Senator Calabretta made a motion that the committee send HCR 23 to the
floor of the Senate with a do pass recommendation. Senator Little
seconded the motion. The motion carried by a Voice Vote. Senator
Richardson will carry this resolution in the Senate.
ADJOURNMENT There being no further business, the meeting was adjourned at 5:00 P.M.






DATE: March 3 , 2003
TIME: 3:00 pm
PLACE: Room 437
MEMBERS
PRESENT:
Chairman Sorensen, Vice Chairman Richardson, Senators Darrington,
Geddes, Davis, Stegner, Little, Stennett, Calabretta
MEMBERS

EXCUSED:

None
MINUTES: Senator Calabretta made a motion that the minutes for February 26,
2003 be approved as written. Senator Richardson seconded the motion.
The motion carried by a Voice Vote.
RS13073 A Concurrent Resolution: stating legislative findings and approving
Administrative Rules that impose a fee or charge, with exceptions, and
rejecting certain agency rules that are not approved
Senator Geddes stated that by statute, agency rules adopted under the
Administrative Procedure Act that impose a fee or charge do not go into
effect unless approved by concurrent resolution by both houses of the
legislature.
MOTION: Senator Darrington made a motion that the committee introduce to print
RS13073. Senator Richardson seconded the motion. The motion
carried by a Voice Vote. Senator Geddes will sponsor this bill in the
Senate.
RS13074 A Concurrent Resolution: stating legislative findings and approving and
extending Temporary Rules reviewed by the legislature, with an exception
Senator Geddes stated that Temporary rules adopted by state agencies
under the Administrative Procedure Act, by statute expire at the end of the
current legislative session. This concurrent resolution would approve and
extend agency temporary rules beyond the current session.
MOTION: Senator Stegner made a motion that the committee introduce to print
RS13074. Senator Richardson seconded the motion. The motion
carried by a Voice Vote. Senator Calabretta is recorded as voting no.
Senator Geddes will sponsor this bill in the Senate.
Chairman Sorensen announced that RS12484 would not be heard at this
time.
RS13119 Concurrent Resolution: To reaffirm Idaho’s policy against
discrimnatory treatment by foreign states of Idaho domestic insurance
carriers
Steve Tobiason, representing General Fire and Casualty Company,
stated that in 1961, the Idaho legislature adopted House Bill No. 182 to
protect all of the Idaho domestic companies from discriminatory and
onerous requirements imposed upon Idaho domestic insurance carriers
by foreign states. Currently there are states imposing unfair and
burdensome requirements upon Idaho domestic insurance carriers. The
purpose of this concurrent resolution is to reaffirm Idaho’s long standing
policy opposing discriminatory treatment by foreign states against any
Idaho domestic insurance carriers. Mr. Tobiason said that General Fire
and Casualty does Agri business in about 20 other states and recently
they have been asked to meet separate standards from the domestic
companies in other states. Senator Calabretta asked about the
retaliatory provisions referred to in lines 37-39. Mr. Tobiason stated that
according to the current statute, the Department of Insurance can take
further action. He said Al Lance is working on this issue and may pursue
a letter of inquiry to the other states. Senator Calabretta asked if there
had ever been retaliatory action. Mr. Tobiason said not to his knowledge
but he has a brief history. Senator Davis asked if we were passing a
Senate Concurrent Resolution to say we really mean what the statute
says. Mr. Tobiason said it is intended to reaffirm the policy of the state of
Idaho against discrimnatory treatment. Senator Richardson asked how
can we protect Idaho insurance companies. Mr. Tobiason stated that the
current statute gives the Department of Insurance the option to take
action.
MOTION: Senator Davis made a motion that the committee introduce to print
RS13119 and refer it to the Commerce and Human Resource Committee.
Senator Stennett seconded the motion. The motion carried by a Voice
Vote.
RS12831C1 A Concurrent Resolution: authorizing the legislative council to appoint
a
committee to study the best method to identify and determine the
number of unschooled children in Idaho and recommend steps to initiate
outreach strategies.

Dr. Cliff Green from the Idaho School Board Association stated that this
resolution resulted from the conference that was held last November. He
said that “unschooled” children is defined as students that no one entity
has made an effort to educate. He said the goal of such a study
committee would be to create a method to identify the unschooled, assess
their needs, identify resources to aid them, identify outreach opportunities
and then make recommendations to the legislature. He said that
currently, 43% of the inmates in our correctional facilities, have not
completed a high school education. Senator Stegner asked if the scope
of this committee would include an area of standards for those who are
home schooled. Dr. Green said he did not envision the study including
home schooled. Senator Stegner said he had been told by educators in
his own district that home schooling is a problem as all parents do not
follow through. Dr Green said they could be included if the students are
unschooled. Senator Stegner asked if the concern about home schooled
was driving this investigation. Dr. Green said it was not. Senator Davis
asked about the reference to non-schooled as “children not present in
public, private or charter schools” in line 35 and said it suggested home
schooled would be considered. Dr. Green said the bill refers to
unschooled who have no education whatsoever. Senator Davis said that
the home schooled are not in private, public or chartered schools. Dr.
Green agreed but said that was not the intent of the legislation. Senator
Calabretta asked about “problem” children and whether the districts were
doing enough to try to recover them. Dr. Green said it depends and
varies from one district to another. Senator Richardson asked if this was
a part of the “No child left behind” effort. Dr. Green said it was not
specifically but does ring true with their intent.

MOTION: Senator Stegner made a motion that the committee introduce to print
RS12831C1. Senator Richardson seconded the motion. The motion
carried by a Voice Vote. Senator Calabretta will sponsor this resolution
in the Senate.
RS13120 Relating to the Joint Finance and Appropriations Committee (JFAC):
to provide that the President Pro Tempore of the Senate shall appoint a
member to fill a Senate vacancy when the legislature is not in session
Senator Geddes said this bill was a clarification of who has the
responsibility to fill vacancies on committees during the interim.
MOTION: Senator Stennett made a motion that the committee introduce to print
RS13120 and send it to the second reading. Senator Darrington
seconded the motion. The motion carried by a Voice Vote. Senator
Geddes will carry this bill in the Senate.
HJM3 To the International Olympic Organizing Committee: the Vancouver
2010 Bid Corporation
Representative Black presented this House Joint Memorial which seeks
to support, on a regional basis, the location of the 2010 Winter Olympics
in Vancouver, British Colombia. He said Idaho experienced considerable
financial benefit from the Winter Olympics in Salt Lake City, Utah in 2002,
and this is a gesture of goodwill to our neighbors to the north. The other
contestants are South Korea and Australia.
MOTION: Senator Stennett made a motion that the committee send HJM3 to the
floor of the Senate with a do pass recommendation. Senator Stegner
seconded the motion. The motion carried by a Voice Vote. Senator
Stennett will sponsor this memorial in the Senate.
H259 Creation of Commemorative day: establish April 30 as Children’s
Day/ El Dia De Los Nines
Judge Sergio Gutierrez stated that our children face many challenges in
today’s world. When we consider the number of children who live in
single parent homes or homes with two working parents, the need for
reaching out to our children is clearly apparent. This celebration is an
opportunity to aid their welfare and demonstrate the value we place on the
children of our community. Senator Little asked about the April 30th date.
Judge Gutierrez said many dates were debated but at this time, April 30th
was chosen as it is near other dates of youth celebrations. He said that
as the holiday develops, the time period may be extended. Conchi
Morales, from the Idaho Committee on Hispanic Affairs, said that for
some time, they have been working on this statute that acknowledges the
value of children. The United States Congress has also introduced a
resolution. She said Idaho would be the first state to officially identify the
value of children. Dr. Herschfield stated that he strongly supports this
legislation.
MOTION: Senator Calabretta made a motion that the committee send H259 to the
floor of the Senate with a do pass recommendation. Senator Little
seconded the motion. The motion carried by a Voice Vote. Senator
Calabretta will sponsor this bill in the Senate.
ADJOURNMENT There being no further business, the meeting was adjourned at 3:55 P.M.






DATE: March 5, 2003
TIME: 3:00 pm
PLACE: Room 437
MEMBERS
PRESENT:
Chairman Sorensen, Vice Chairman Richardson, Senators Darrington,
Geddes, Davis, Stegner, Little, Stennett, Calabretta
MEMBERS

EXCUSED:

None
MINUTES: Senator Calabretta made a motion that the committee approve as written
the minutes of March 3, 2003. Senator Geddes seconded the motion.
The motion carried by a Voice Vote.
RS12974 Relating to the licensing of government-owned or controlled insurers;
to clarify the definition of control
Ed Galtney, the Co-President of Work Care Northwest, stated that this
legislation provides clarification to the Idaho Code regarding the definition
of voting control versus actual control for boards of directors of insurance
companies and will provide market clarity to promote competitiveness and
choice in workers compensation insurance. He said competition is
healthy and equal access to Idaho markets is important. Senator
Stennett asked if striking “voting” in line 14 made the statement even
more ambiguous. Mr. Galtney said it did not as the Idaho code gives
guidance in other sections of the statute.
MOTION: Senator Calabretta made a motion that RS12974 be introduced to print.
Senator Little seconded the motion. The motion carried by a Voice Vote.
S1136 Domestic Relations; the military service shall not be substantial or
material or permanent change in circumstance to modify decreed child
custody and visitation
General Kane stated that this is one of the few instances where he has
asked for the law to help guard members but he feels some consideration
for soldiers placed on active duty is necessary. He introduced Colonel
Jim Bevis. Colonel Bevis stated that we are living in more dangerous
times and activation of the guard is more frequent. He said that Title 32-717 deals with custody and visitation and protects the guard member
against a motion to modify upon their return from active duty. He said
soldiers should not lose their parenting rites because they serve their
country. Senator Davis asked why a parent on active duty and away for
a period of time shouldn’t be considered a change of circumstance.
Colonel Bevis said a specific mobilization should not be used as grounds.
Senator Davis said a “substantial material change in circumstance”
means a change of parent. He said children need to be taken care of and
there needs to be some type of judicial review. Colonel Bevis said that
when a soldier is mobilized there is a specific designation of care of the
children as part of the deployment preparation and they cannot be sued
by default for change of custody. However, upon their return it is not
currently covered. Senator Davis stated that there is an emotional
attachment to a parent and when there is an extended absence, an
attachment shift occurs. He asked if Colonel Bevis was saying that the
courts shouldn’t consider the good of the child. Colonel Bevis said this
bill does not disrupt that process. If a court decision is based on other
factors, it is understood, just as long as the sole reason was not the
mobilization. He said “the best interest standard” would still be in control.
MOTION: Senator Stegner made a motion that the committee send S1136 to the
floor of the Senate with a do pass recommendation. Senator Stennett
seconded the motion. The motion carried by a Voice Vote. Senator
Richardson will sponsor this bill in the Senate.
S1137 Relating to the state militia; to provide the Militia Civil Relief Act
Colonel Bevis stated that this bill adds a new section to Idaho code S46-409 to provide a civil relief act for members of the State National Guard
ordered to “state active duty” or for service within the state exceeding 30
days. He said it extends (USERRA) the Uniform Services Employment
and Re-employment Rights Act of 1994.. Senator Stennett asked about
the scope of USERRA and it’s effect on small businesses. Colonel Bevis
said that a small business can replace an employee temporarily but upon
the return of the soldier, he can get his job back. Senator Stennett
asked what if in his absence, the employees job is phased out. Colonel
Bevis
stated that as long as the job loss is not solely related to the
military service, the employer can defend the loss for cause. Senator
Stennett asked about the fiscal statement and the educational institutions
need to refund for class credits. Colonel Bevis said there would be some
duplication of services which wouldn’t necessarily be an economic loss.
Senator Davis had a question about Section 5 and the effective date of
the statute. Colonel Bevis said that particular section referred to the
window of time before July 8, 2003.

General Kane stated that the concern about small employers is given
special consideration and if necessary they would defer deployment to
someone else where there was not a hardship. Senator Stennett said
his concern was the possibility of a chilling effect on small business when
considering guard members for a position. General Kane said that was
also a concern for them.

MOTION: Senator Stegner made a motion that the committee send S1137 to the
floor of the Senate with a do pass recommendation. Senator
Richardson
seconded the motion. The motion carried by a Voice Vote.
Senator Stegner will sponsor this bill in the Senate.
H268 Relating to political parties; to provide that a state convention shall be
held by each political party in each election year
Representative Miller from District 17 stated that the purpose of this bill
is to allow political parties to have more flexibility in setting their
convention dates. Currently, it is limited to the last two weeks in June
which can be a hardship. The bill also allows the Secretary of State to
grant a five day extension to a party. Ben Ysursa stated this is a simple
bill which allows the parties more flexibility.
MOTION: Senator Little made a motion that the committee send H268 to the floor
of the Senate with a do pass recommendation. Senator Geddes
seconded the motion. The motion carried by a Voice Vote. Senator
Darrington will sponsor this bill in the Senate.
H267 Relating to the Idaho Bond Bank Authority; to provide the authority to
facilitate the purchase of notes from municipalities
Lisa Carberry, the Investment Manager for the Idaho State Treasurers
office, stated that this bill will help taxpayers to save money. In 2000 the
Idaho Legislature passed legislation which created the Idaho Municipal
Bond Bank in order to pool borrowing needs and then go to the capital
markets. Since then they have worked on developing the Master Trust
Agreement for the Bond Bank and they will soon go to market with the
first issue. Now with H267, they would like to expand their authority to
facilitate the purchase of notes for municipalities. They would receive
applications, bundle them and then go to market with the request for bid.
Senator Stegner asked about the collateral involved and the debt pooling
for a larger instrument. Ms. Carberry said the underwriting steps are
taken as a credit approval at the bank. Senator Stennett asked if the
state of Idaho was pledging assets. Ms. Carberry said no.
MOTION: Senator Calabretta made a motion that the committee send H267 to the
floor of the Senate with a do pass recommendation. Senator Stegner
seconded the motion. The motion carried by a Voice Vote. Senator
Little will sponsor this bill in the Senate.
H260 Relating to alcoholic beverages licenses; to provide an exception for
theater
Representative Jaquet stated that current law presumes that if a minor is
on the premises , no alcohol is served. This legislation is to allow persons
under the age of 21 to attend theater with live performances that serve
beer or wine. She said it was reviewed by the Idaho State Police and
sideboards were added. Senator Davis asked about children’s events at
the Civic Auditorium and if alcohol could be sold there. Representative
Jaquet said it could not as the applicant has to be approved by the city.
Senator Stegner asked about the distinction between live theater and the
movies. Representative Jaquet referred to a letter from the State Police
which defined the difference. Senator Richardson asked if the alcohol is
confined to a specific area. Representative Jaquet said her
understanding is that it is the lobby area and it is supervised.
MOTION: Senator Stennett made a motion that H260 be sent to the floor of the
Senate with a do pass recommendation. Senator Stegner seconded the
motion. The motion carried by a Voice Vote. Senator Calabretta will
sponsor this bill in the Senate.
H246 Relating to the county option Kitchen and Table Wine Act; to define
dessert wine
Representative Clark stated that this bill is a change in policy and seeks
to add sherry, port, and madeira as dessert wine options (not more than
21% alcohol) which can be approved by the electorate or the county
commissioners. Representative Clark said he cooks using sherry and
has been unable to obtain it at retail outlets. Chairman Sorensen asked
how this bill differs from the previous bills. Representative Clark said this
bill is more restricted by limiting it to three specific products and also it is
subject to county approval. Senator Davis asked if the county
commissioners would make the decision. Representaive Clark said that
was correct. Representative Jaquet stated that this bill does require
local decision making and that there is a need in the tourism economy to
provide this product. She said this bill provides good choice and is pro-business.

Steve Rutherford who is an attorney representing the Association of
Idaho Cities and the Idaho Chiefs of Police, stated that they oppose this
legislation. He said frequently transients are looking for something
stronger and higher alcohol content causes victims to need medical
attention before they can be accepted into jail. This creates an obstacle
for enforcement officers. He said retail outlets such as Albertsons and
Stinker Station will sell a cheaper line of these products which is a
concern to them. They don’t oppose these products in restaurants but
grocery stores and quick stops are areas of concern. Senator Davis
asked about Sub Section Part C and the per centage of alcohol. Mr.
Rutherford
said he was not sure but he thinks Section P is not the
definition of sherry, port, or madeira. Senator Little asked if there is a
problem in other states with cheap ports. Mr. Rutherford said the
Association of Idaho Cities had only polled the Idaho police departments
so he doesn’t have knowledge of other states experience. Chairman
Sorensen
stated that she had heard from Senator Bunderson and he
had wanted to be at today”s meeting to oppose H246.

Bill Roden, representing the Idaho Beer and Wine Association, stated
that the definition of dessert wine is contained in lines 26 to 28 of this bill.
He said the reference to Section P is necessary as these wine products
do contain a small amount of spirits which is used as a preservative. He
said previous legislation had contained broader language which could
have included other cordials and brandies. He does have available
copies of the Attorney General’s recommendations on previous dessert
wine legislation. He said the new definition is limited to specific products.
He said this bill has been reviewed by the State Liquor Dispensary
Manager. Senator Davis referred to the fiscal statement and asked if the
projected increase in income means increased consumption and
therefore bears out the concerns of the State Police. Mr. Roden stated
that with this type of product, purchases do not necessarily equate to
consumption. Senator Stegner asked if the definition in this bill is tight
enough to prevent cheaper versions from entering the market place. Mr.
Roden
said he thinks it is and it doesn’t allow other products.

MOTION: Senator Stennett made a motion that H246 be sent to the Senate with a
do pass recommendation. Senator Little seconded the motion.
Senator Richardson made a substitute motion that H246 be held in
committee. Senator Geddes seconded the motion. A roll call vote was
requested.
The substitute motion to hold H246 in committee failed. With
Senators Sorensen, Stegner, Little, Stennett, and Calabretta voting nay.
Senators Richardson, Darrington, Geddes and Davis voted aye.
The original motion to send H246 to the Senate with a do pass
recommendation was approved. Senators Sorensen, Stegner, Little,
Stennett, and Calabretta voted aye. Senators Richardson, Darrington,
Geddes and Davis voted nay. Senator Sorensen and Senator Stennett
will sponsor this bill in the Senate.
ADJOURNMENT There being no further business, the meeting was adjourned at 4:45 P.M.






DATE: March 10, 2003
TIME: 3:15 pm
PLACE: Room 437
MEMBERS
PRESENT:
Chairman Sorensen, Vice Chairman Richardson, Senators Darrington,
Geddes, Davis, Stegner, Little, Stennett, Calabretta
MEMBERS

EXCUSED:

None
MINUTES: Senator Calabretta made a motion that the committee approve as written
the minutes for March 5, 2003. Senator Geddes seconded the motion.
The motion carried by a Voice Vote.
Chairman Sorensen stated that RS13044 would be held until
Representative Mitchell could get approval from the germane committee
which would be hearing this legislation.
RS12940C1 Relating to limitation on budget requests from property taxes; to exempt
pest control and mosquito abatement activities from 3% cap upon a
public hearing
Senator Stennett stated that the Agricultural Affairs Committee has
consented to hearing this legislation.
MOTION: Senator Stennett made a motion that the committee introduce to print
RS12940C1. Senator Calabretta seconded the motion. The motion
carried by a Voice Vote.
H329 Relating to the Voluntary Contributions Act; to provide limits on labor
organization contributions, to provide criminal acts and penalties, to provide
registration and disclosure requirements
Senator Davis stated that his constituents have expressed concern that
over time they have been making contributions to Political Action
Committees who then do not spend these funds in an appropriate way.
These people have felt substantial pressure in their work environment. This
bill allows continued contributions but provides further protection for
individuals who choose not to contribute unless they can just write a check.
This legislation provides protection for individuals without impairing Political
Action Committees.

Ron Nehring, a Senior Consultant for the Americans for Tax Reform,
stated that this is a matter fundamental to the free speech rights of the
members of this state. The state of Idaho should protect taxpayers who
choose not to contribute. This legislation ensures Idahoans will have the
freedom to choose for themselves. Taxpayers should not be forced to
subsidize the political action of any group. He said it is important to protect
the political privacy of individuals. He stated that unions in California spent
$35 million to defeat a similar measure. He asked why they would spend
so much. He said it is because it transfers power away from union officials.
He said it is imperative to protect the rights of the individual. He said H329
is content neutral and even handed. Senator Stennett asked Mr. Nehring
where he was from. He said he lives in San Diego, California, but his office
is in Washington, D.C. Senator Stennett asked that since the bill
referenced all employees of any business, didn’t it restrict any business
from payroll deductions. Mr. Nehring said the bill excludes those governed
by Federal Labor laws and it does not apply to the private sector.
Chairman Sorensen said the bill strikes the “individual annual affirmation
in writing” language and it now appears the affirmation does not occur.

Dave Whaley, President of the American Federation of Labor and
Congress of International Labor (AFLCIO), stated that H329 is unfair,
unnecessary, unconstitutional and has unintended consequences. He said
it intends to single out unions and their members. He said the bill is
intrusive and seeks to dictate how unions spend money. He said charitable
organizations such as the United Way may be adversely effected.

Sally Norton, a public employee for thirteen years and a member of the
Service Employees International Union, spoke in opposition to H329. She
said that at BSU they have a choice of 39 voluntary contributions to choose
from for automatic payroll deductions. She said that even though her
husband has lost his job and they had to cancel some deductions, she is
not canceling her union membership. She said it is offensive that the
government wants to intrude on her payroll deductions and that she is very
capable of taking care of her own business.

John Greenfield is a lawyer from Boise who practices in labor law and
elections. He stated that this bill is adverse to many interests including that
of the Republican party. He said part one is model act language drafted
out of state and identical to the Utah Act which was struck down. He said
the section of the bill which seeks to amend the Right to Work Law opens
the bill to all kinds of groups and organizations . He said it will destroy
payroll deductions for everyone. Senator Stennett asked who would bring
suit. Mr. Greenfield said the bill would certainly be challenged as it has
been in other states. Senator Davis asked if he was referring to Judge
Henroid’s decision in Utah. Mr. Greenfield said he was. Senator Davis
asked if Mr. Greenfield believed that the court decision determined that the
bill was unconstitutional. Mr. Greenfield said he thought it indicated that
the first amendment part was a violation of contract laws. Senator Davis
said he disagreed with that interpretation and that the court found that in
44-2603, the expenditures were constitutional. Mr. Greenfield said under
the first amendment, the bill failed. Senator Davis suggested Mr.
Greenfield read the judges decision. Senator Calabretta asked how this
legislation related to the United way or Blue Shield. Mr. Greenfield said the
bill prohibits payroll deductions to be expended for anyone conducting
political action and that the term “political contributions” is too widely
defined. He said nothing in Section 2 restricts it to unions. She asked
how, with the current status, one might pay dues but not contribute to the
PAC. Mr. Greenfield said he did not know.

Jim Piotrowski, a lawyer in Boise, stated that he does a lot of
constitutional law in his practice and he feels H329 is unconstitutional. He
said the case of “Kerry Versus Brown” invalidated any attempts to restrict
labor only and not others. He said that as the bill is written, it is not limited
to labor organizations and that the equal protection clause leaves the
legislation in an all or nothing position. Therefore the bill must be
amended. Senator Davis asked him if he was saying that the Utah Court
struck down the bill in it’s entirety. Mr. Piotrowski said it was not totally
struck down and there is still consideration occurring. However, his focus
is the equal protection. Senator Davis stated that although the Utah Court
had a problem with part of the statute, this bill has been written differently
and allows for verbal notification of renewal. Senator Stegner asked about
Section 2 and how it inhibited United Way deductions. Mr. Piotrowski said
the United Way has an interest in certain bills and does testify before
committees on some issues . As defined in this bill, that could be
considered political activities.

Karl Mallott representing the Professional Firefighters of Idaho, (700
members) said they oppose this bill. He said they feel it is unnecessary
legislation which would adversely affect their political activities. He said the
sponsors of this bill could not answer their questions about the
ramifications of the broad definition of “political activities”.

Kathy Phelan, President of the Idaho Education Association, said they
strongly oppose H329. She said it targets teachers and firefighters. She
said there has been no corruption or complaints in Idaho and there is no
reason for the legislation except to “silence dissent”. She said they pool
their limited resources ($16 per year per member). This bill will criminalize
their political involvement. They have a right to a choice and this bill is just
intended to “silence dissent”.

Andrew Hanhardt, Deputy Trustee for the local 687 Union,(SEIU) said this
bill singles out unions and is unfair and unnecessary. He said this bill
remedies no harm or injury.

Dennis Doan stated that he does not support “Right to work”. He is a
fourth generation Idahoan who supports teachers and firefighters. He said
it is a local control issue and if an employer opposes it, they don’t do it.

Mary Durand, Legislative Council for the American Civil Liberties Union,
stated that they oppose this law. She said unions have first amendment
rights and this bill tries to tell unions how to spend their dues. She said the
committee should consider the constitutional implications of this bill and the
litigation that will result.

Bill Braddock, a retired Lieutenant from the Boise Police department, said
that law enforcement doesn’t have the privilege of union recognized by the
legislature. They have worked years to set up payroll deductions. This bill
will rob them of their most efficient method of deduction.

John Rumel, General Council for the Idaho Education Association, stated
they oppose this bill because it has a broad scope and unintended
consequences. He said the Utah Courts have spent $450,000 to address
concerns of their bill. He said there as been no definite opinion from the
Idaho Attorney General’s office regarding this bill.

Gino White, a member of the Service Employees International Union, said
this is damaging legislation which he opposes. He said he joins their voice
because he wants to have a collective voice in the government. He said
lobbyists are an important source of information. The average citizen does
not have enough time to research every issue. He said competition is good
and he asked the committee to have the strength to tolerate opposition and
vote against this bill.

Dan Weston is a volunteer with the Eagle Fire Department. He is an out
of work teacher with a Masters Degree from BSU. He has spent many
hours as a volunteer and he supports firefighters and teacher.

Lee Flinn, the Executive Director of the Idaho Women’s Network, stated
that they stand in solidarity with the labor unions and oppose this bill. She
said this bill is unnecessary and that it singles out labor unions and sets up
significant barriers for these unions in collecting their dues through
paycheck deduction.

Daniel Rice with the Pacific North West Region of Carpenters said he
opposes H329. He said Utah has already spent $450,000 on litigation of
their legislation. He said we should let them resolve the issues and then
we can reconsider it at a later date.

Neil Colwell who is a lobbyist for Avista Corporation, urges rejection of
H329. He said Avista uses the payroll deduction methodology with their
employees to collect revenue for their PAC. He said there is a concern
that if you impose this on one group, then it can be imposed on others.

Senator Darrington asked for a reading of the history of the bill. Chairman
Sorensen read the history of the bill.

MOTION: Senator Davis made a motion that the committee send H329 to the floor of
the Senate with a do pass recommendation. Senator Geddes seconded
the motion.
Senator Stennett made a substitute motion that H329 be held in
committee. Senator Calabretta seconded the motion. A roll call vote was
requested.
Senator Stennett said that he opposes this bill and it will likely result in
considerable expense due to litigation. Senator Calabretta said that this
legislation is unnecessary and it is an affront to all of the working people of
Idaho.
The substitute motion to hold H329 in committee failed. Senators
Stennett and Calabretta voted aye. Senators Sorensen, Richardson,
Darrington, Geddes , Davis, Stegner, and Little voted nay.
The original motion to send H329 to the Senate with a do pass
recommendation carried. Senators Sorensen, Richardson, Darrington,
Geddes, Davis, Stegner and Little voted aye. Senators Stennett and
Calabretta voted nay.
Written testimony and supporting documentation provided by those giving
testimony today are on file in the Senate State Affairs Committee
ADJOURNMENT There being no further business, the meeting adjourned at 5:00 P.M.






DATE: March 12, 2003
TIME: 3:20 pm
PLACE: Room 437
MEMBERS
PRESENT:
Chairman Sorensen, Vice Chairman Richardson, Senators Darrington,
Geddes, Davis, Stegner, Little, Stennett, Calabretta
MEMBERS

EXCUSED:

None
MINUTES: Senator Richardson made a motion that the committee approve as
written the minutes for March 10, 2003. Senator Geddes seconded the
motion. The motion carried by a Voice Vote.
RS13142 Relating to Administrative Rules; continuing certain rules in force
and effect until July 1, 2004
Senator Geddes stated that this legislation is the third of the three annual
rules proposals which are necessary to adopt and extend all rules until
July 1, 2004.
MOTION: Senator Darrington made a motion that RS13142 be introduced to print.
Senator Stegner seconded the motion. The motion carried by a Voice
Vote.
RS13155 Relating to the practice of Respiratory Therapy; to require a license
or permit for the practice of polysomnography
Chairman Sorensen announced that she had received a letter from R.
Skip Brandt , Chairman of the Senate Health and Welfare Committee,
requesting that RS13155 be introduced to print.
MOTION: Senator Calabretta made a motion that the committee introduce to print
RS13155. Senator Richardson seconded the motion. The motion was
approved by a Voice Vote.
HCR26 Concurrent Resolution: concerning recycled oil and encouraging state
agencies to purchase and use recycled oil
Representative Tom Trail stated that this resolution is an opportunity for
the legislature to articulate support of the use of recycled oil to the Idaho
State Agencies. He said it actually takes less energy to refine recycled oil
than it does to refine virgin oil. He said this is good conservation policy
and other states such as Texas and California have been doing this for
some time. He said there will be no fiscal impact and possibly there will
be a cost savings. He said Idaho State Government has a duty to lead in
conservation and cost savings. Senator Darrington asked if there are
currently any prohibitions against using recycled oil. Representative Trail
said there were none that he knows of but most agency heads have very
little or no knowledge of recycled oil. Senator Geddes said that his
vehicle manual gives specific guidelines for warranty coverage and he
asked if there would be any conflict. Representative Trail said that as
long as the oil meets the American Petroleum Institutes Standards, it does
meet the warranty specifications. He said that the United States Postal
Service and Federal Express use almost 100% recycled oil.

Senator Davis questioned how the agencies would be moved to action
since this is just a resolution. Representative Trail said that he had
worked with Pam Ahrens and if this bill is approved, the sponsors will
work with her to get the word out. Senator Davis expressed concern
about the cost of procurement of recycled oil and asked what else they
may be contemplating to encourage progress of usage. He also
questioned what fiscal impact might result from such an effort.
Representative Trail said their strategy for follow up, besides the
resolution, would be direct contact with the directors of each agency .
Senator Little said his review of the list of current recycling companies
and their location indicated there were centralized fleets using recycled
oil. He asked if they had done a comparison analysis of market costs for
our area. Representative Trail stated that small states, such as Vermont
and New Hampshire have also developed successful recycled oil
programs. He said here in Idaho, major companies are also required to
collect recyclable oil, but that currently much of the old oil is used for
heating purposes. Senator Richardson asked what system of collection
was used in Idaho. Representative Trail said there are 30 major
collection sights in Idaho and from there, it is trucked to a recycling
location.

Representative Martinez stated that of the 1.4 billion gallons of used oil
generated each year, an estimated 200 million gallons is simply dumped
into sewers and oceans. That is more than all the marine oil spills
combined. So using refined oil instead of virgin oil saves a natural non-renewable resource without compromising quality or increasing spending.
He said recycling will help reduce our dependancy on foreign oil and will
help us conserve our resources. He said it is important for us to look at
the bigger picture and move forward with positive change. He gave
several examples where refined oil has been used for years which
included the U. S. Postal Service.

Justin Hayes, for the Idaho Conservation League, stated that this bill
sends an important message to the people of Idaho. He said they will
assume that if it is good enough for the state, it is good enough for the
people. He said it is important that the state encourages wise use of
resources. Senator Richardson asked how many times oil could be
recycled.

Teri Ottens, the Executive Director of the Association of Idaho Re-cyclers, stated that a few years ago, a paper re-cycling bill was passed in
Idaho. Less than a year later, there is already a 20% increase in
recycling by state agencies. This was the result of their public relations
effort and they would do the same with information for oil recycling. She
said commercial oil must be collected and recycled. She said the issue is
how to purchase the recycled oil. Currently, there are two refineries in the
state of Idaho. She said oil recycling provides 30 businesses and
thousands of jobs in Idaho. She said oil can actually be recycled 10
times. Senator Darrington asked how you know how many times oil has
been recycled. Ms. Otten said there is probably a test for viscosity and
the oil is tested each time.

MOTION: Senator Richardson made a motion that the committee send HCR26 to
the floor of the Senate with a do pass recommendation. Senator
Stennett
seconded the motion. The motion carried by a Voice Vote.
Senator Richardson and Senator Stennett will co-sponsor this bill in the
Senate.
H291 Relating to initiative and referendum measures; to revise procedures, to
provide that the election ballot shall include a clear and concise statement
as to the effect of a “yes” or “no” vote
Representative Harwood stated that this legislation came about as a
result of concern about the initiative process used for term limits. He said
many constituents voted the wrong way because of confusion over the
wording on the ballot. When he contacted the Secretary of State’s office,
he determined that Ben Ysursa was working on this bill so they, along
with the Attorney General’s office, prepared this legislation.

Representative Roberts stated that the significant part of this bill was on
the last page where it states there will be a short, clear and concise
statement clarifying the result of the vote. Senator Davis said his
recollection was that there was an explanation on the term limits ballot
and he asked how this change would right a wrong. Representative
Roberts said that now there is a 200 word statement, and then there is a
shorter 20 word statement of the effect of a yes or no vote. Senator Davis
asked what is a simple statement of the referendum. Representative
Roberts
said that the term limits statement was a double negative. He
said a simple statement might have been ” A yes vote means you are in
favor of term limits”. Senator Davis said the people voted and he doesn’t
know if it is necessary legislation, but if others think

it is important, he will concur.

MOTION: Senator Calabretta made a motion that the committee send H291 to the
floor of the Senate with a do pass recommendation. Senator Geddes
seconded the motion. The motion carried by a Voice Vote. Senator
Calabretta will sponsor this bill in the Senate.
ADJOURNMENT There being no further business, the meeting was adjourned at 4:00 P.M.






DATE: March 17, 2003
TIME: 3:00 pm
PLACE: Room 437
MEMBERS
PRESENT:
Vice Chairman Richardson, Senators Darrington, Geddes, Stegner, Little,
Stennett, Calabretta
MEMBERS

EXCUSED:

Chairman Sorensen and Senator Davis
MINUTES: Vice Chairman Richardson called the meeting to order at 3:05 P.M.
The secretary called the roll.

Senator Calabretta made a motion that the minutes for March 12, 2003,
be approved as written. Senator Geddes seconded the motion. The
motion carried by a Voice Vote.

RS13195 Concurrent Resolution : Authorizing the legislative council to appoint a
committee to undertake and complete a study of economic
development incentives in Idaho
Senator Bunderson stated that this resolution was requested by the
Chamber of Commerce in order to study Idaho’s competitive position
compared to other states.
MOTION: Senator Geddes made a motion that the committee introduce to print
RS13195. Senator Stennett seconded the motion. The motion carried
by a Voice Vote.
RS 13123 Concurrent Resolution: Appoint a committee to undertake and complete
a study of the statutes governing Charter Schools
Dr. Cliff Green, representing the Idaho School Boards Association, stated
that since the approval of Charter Schools in 1998, there have been some
changes and some problems have developed which need resolution. The
Idaho Charter Schools Association and the Idaho School Boards
Association agree this study would be beneficial. Some of the issues
that need consideration include the effects of Federal law suits and
funding. Vice Chairman Richardson asked if this resolution was either
pro or con charter schools. Dr. Green said it was neither. Senator Little
asked if this could be handled by any other existing committees. Dr.
Green
said he was not sure but there would have to be some type of
committee regardless of the outcome of this resolution.
MOTION: Senator Calabretta made a motion that RS13123 be introduced to print.
Senator Darrington seconded the motion. The motion carried by a
Voice Vote.
RS 13127C4 Relating to Charter Schools, Amending Sections 33-5204; 33-5205; 33-5209
Dr. Cliff Green, representing the Idaho School Boards Association, stated
that this bill was developed in response to a school trustee who was
frustrated with how the current charter reads. This bill has been before
the Education Committee several times and both sides have worked on it
to get to this final wording.
MOTION: Senator Darrington made a motion that RS13127C4 be introduced to
print. Senator Stegner seconded the motion. The motion carried by a
Voice Vote.
RS 13178 Relating to Idaho Digital Learning Academy
Dr. Mike Friend of the Idaho Association of School Administrators,
presented this legislation which seeks to provide for a district fee structure
and provide clarity regarding tuition payments.
MOTION: Senator Stegner made a motion that RS13178 be introduced to print.
Senator Stennett seconded the motion. The motion carried by a Voice
Vote.
S1164 Relating to Administrative Rules; continuing certain rules in force
and effect until July 1, 2004
Senator Geddes stated that this bill is the annual legislation which is
necessary to extend the rules for a year.
MOTION: Senator Little made a motion that the committee send S1164 to the floor
of the Senate with a do pass recommendation. Senator Darrington
seconded the motion. The motion carried by a Voice Vote. Senator
Geddes will sponsor this bill in the Senate.
H305 Relating to the use of Land Bank Funds by the State Board of Land
Commissioners; to provide a period up to 5 years in which Land Bank
funds can be used to purchase other land within the state
Jay Beladeau stated that this legislation will extend the re-investment
period for Land Bank funds from two years to five years. He said this
would help improve potential revenue returns for the endowment. He said
that selling and purchasing land can be very complicated and may involve
several parcels which takes a considerable amount of time and
negotiation. Senator Stennett asked if there has been problems with
executing deals in the last five years. Mr. Beladeau said the Land Bank
has not actually been used yet except for exchanges . Senator Stennett
asked if it might be wise to change line 23 by inserting the word “shall” in
place of “may”. Mr. Beladeau said it is clear in the policy of their board
that they shall invest in the Land Bank. Senator Calabretta asked if
there is a current balance . Mr Beladeau said there is a $50,000
balance. Senator Little asked about how they measure the rate of return
on their commercial real estate portfolio. He said he wasn’t sure whether
the state should be in the land business or whether using REIT’s (Real
Estate Investment Trusts) might be better. Mr. Beladeau stated that most
of their current commercial real estate is in the Capitol Mall and is leased
to private business and some state agencies. They use property
managers to oversee the properties and their current rate of return is
between eight and nine percent . Senator Stennett asked if they haven’t
yet had problems with the two year limit, why it was necessary to increase
it to five years. Mr. Beladeau said they have mapped out the time frame
for sales and purchases and most of them fall between one and a half to
three year time periods, which would make the two year period difficult.
MOTION: Senator Stennett made a motion that the committee send H305 to the
floor of the Senate with a do pass recommendation. Senator Stegner
seconded the motion. The motion carried by a Voice Vote. Senator
Calabretta will carry this bill in the Senate.
H312 Relating to the duties of the Secretary of State pursuant to the Uniform
Commercial Code; to permit the Secretary of State to refuse to file certain
invalid financing statements
Chuck Goodenough, the Deputy Secretary of State of the Commercial
Division, said that this legislation would authorize the Secretary of State to
reject certain invalid filings. They are experiencing a growing problem
with people filing liens on themselves due to some strange reasoning. He
presented a handout about Uniform Commercial Code filings which is on
the Internet. He said he has been a lawyer for 25 years and can’t
understand this strange reasoning and that it is irrational. He said it is
logically and legally impossible to owe money to yourself so why they are
doing this is unknown. It is clogging the data base with false liens which
should be considered nuisance filings. Senator Darrington asked if
these were coming from a certain community. Mr. Goodenough said they
were.
MOTION: Senator Calabretta made a motion that the committee send H312 to the
floor of the Senate with a do pass recommendation. Senator Stegner
seconded the motion. The motion carried by a Voice Vote. Senator
Stegner will sponsor this bill in the Senate.
H314 Relating to electronic filing of Annual Reports with the Secretary of
State
Chuck Goodenough, Deputy Secretary of State, stated that the purpose
of this legislation is to allow the Secretary of State to develop and
implement a method for filing and accepting annual reports for
corporations, non-profit corporations, limited liability companies and
limited liability partnerships. He said that currently one third of their
office’s work is spent processing these reports. He said if they can get up
and running in two years time, they can achieve significant savings. He
said the bill also deletes some outdated language on limited liability
forms. Vice Chairman Richardson asked if they would need additional
funds and what cost there might be from this change. Mr. Goodenough
said that they have Information Technology people who can re-program
their system and they don’t anticipate additional costs. Senator Little
asked if an LLC ( Limited Liability Corporation) requires an action to be
revoked. Mr. Goodenough said they do require action and then can be
re-instated within a 10 year period. Senator Darrington asked if there
would be any value in requiring the listing of all partners on an LLC
application. Mr. Goodenough said currently that is not required. Senator
Darrington
said that sometimes the LLC’s seek public permits and they
do not know who they are. Mr. Goodenough agreed and said that they
may try to review the LLC process next year. Senator Stennett said that
the LLC was a replacement for Sub S Corporations which did require all
the names. Mr. Goodenough said the Sub S only identified the
president, secretary and officers, but not the shareholders . Senator
Calabretta
asked if the Secretary of State’s office will be required to have
a rules procedure for this legislation. Mr. Goodenough said that it would
have a rules procedure as Representative Ellsworth had requested it also.
Currently, they are reviewing how other states are handling this change.
MOTION: Senator Calabretta made a motion that the committee send H314 to the
floor of the Senate with a do pass recommendation. Senator Little
seconded the motion. The motion carried by a Voice Vote. Senator Little
will sponsor this bill in the Senate.
ADJOURNMENT There being no further business, the meeting adjourned at 4:00 P.M.






DATE: March 19, 2003
TIME: 3:00 pm
PLACE: Room 437
MEMBERS
PRESENT:
Chairman Sorensen, Vice Chairman Richardson, Senators Darrington,
Geddes, Davis, Stegner, Little, Stennett, Calabretta
MEMBERS

EXCUSED:

Senators Davis and Calabretta
MINUTES: Senator Geddes made a motion that the committee approve as written
the minutes for March 17, 2003. Senator Richardson seconded the
motion. The motion carried by a Voice Vote.
RS13200 Relating to Port Districts; to provide for dis-incorporation
Senator Stegner stated that this legislation deals with Port Districts such
as the one in Lewiston, Idaho. When these districts were formed some 30
years ago, the language for the law was taken from the state of
Washington and it declares that a port district is a municipality. Now
these districts need language to guide the process if citizens want to dis-incorporate the port. This is necessary to specifically address the
indebtedness involved. Senator Darrington asked if this bill replaces
S1090. Senator Stegner said it does not. He said the sponsors of that
bill are developing new code for land based ports. Senator Richardson
asked if this bill would preclude a commercial takeover of the port.
Senator Stegner said it would not but that the port has the authority in
developing and operating the infrastructure. He said that if the citizens
want to dis-incorporate, this does not limit their options. Senator
Richardson asked if this had any tie in to the dam operations. Senator
Stegner said not directly, but possibly in the future if the dams are
removed. He said the port is an economic development facility which can
levy taxes. Some community members oppose this taxing authority.
MOTION: Senator Darrington made a motion that RS13200 be introduced to print.
Senator Geddes seconded the motion. The motion carried by a Voice
Vote.
S1167 Relating to state buildings; they shall conform to the Idaho Building
Code
Act and shall be subject to the jurisdiction of the State Division of
Building Safety and the State Fire Marshal.
Chairman Sorensen stated that S1167 was a bill that was discussed in
the Judiciary and Rules Committee and then voted to be sent to the
second reading. However, it was mis-routed to State Affairs. She said if
there was no objection, Senator Bunderson was requesting it be
directed to the twelfth order in the Senate. Senator Stennett asked if
there had been a public hearing for this bill in the other committee.
Chairman Sorensen said there had not been. Senator Stennett then
objected to the request that S1167 be sent to the twelfth order.
Chairman Sorensen then requested a copy of the bill for each member
of the committee and for Senator Bunderson to be called to present it to
the committee.
Vice Chairman Richardson then took leadership of the meeting so
Senator Sorensen could present some legislation.
RS13162C1 Relating to Lobbyists; to prohibit certain contributions during any
regular or special session of the legislature, to define “contribution”; to
provide penalties
Senator Sorensen stated that the purpose of this law is to eliminate any
appearance of impropriety, while the legislature is in session, that may
result from lobbyists offering to make or being asked to make
contributions that benefit political candidates or political committees. She
provided to the committee a handout of the list of states where such
activity is already illegal. She said that currently, fund raisers do occur
during session and this bill will eliminate potential conflict. Senator
Stegner
asked if this legislation would prohibit the Republican Political
Action Committee from running fund raisers during the session. Senator
Sorensen
said it would. Senator Stennett asked if the bill would prohibit
a legislator from requesting that a lobbyist purchase tickets for the Lincoln
Day events. Senator Sorensen said she did not believe that would be
prohibited as the contribution is to a group and not an individual
candidate. Senator Stennett said he could not see where the bill
prohibited contributing to a Senate Political PAC. Senator Stegner
referred to the wording “no lobbyist shall be requested to make or promise
to make a contribution”. Senator Sorensen said the offer is contained in
the “to make” wording. Senator Little said he is concerned about the
potential gray area of political groups versus individuals. He said there is
the possibility of a pass through to individuals which would not be
effected. He also asked about the bill’s reference to other state officers,
such as the Treasurer and their need to campaign even during the
session. Senator Sorensen said that contributing to a political party is
different than to an individual because it would go to a political party
organization activity and not a specific candidate. With regards to state
elected officers, this bill would apply. Senator Richardson asked if this
bill is similar to other states’s legislation. Senator Sorensen said it is
primarily the same.
MOTION: Senator Stegner made a motion that the committee introduce to print
RS13162C1. Senator Stennett seconded the motion. The motion
carried by a Voice Vote.
S1118 Relating to the creation of Success Scholarships for Idaho students in
post-secondary institutions in Idaho
Senator Sorensen stated that the purpose of this legislation is to create a
Success Scholarship Program for Idaho students with the following
objectives:

1. To provide a level of financial support to Idaho students who have
graduated from an Idaho high school or who have obtained an Idaho GED
and are enrolled full time at an eligible Idaho public college or university

2. To encourage Idaho high school students to pursue a public college
education in Idaho and to complete a first four year degree within a
maximum of nine semesters or a first two year degree within a maximum
of five semesters.

The Success Scholarship Program would pay for up to 100% of required
fees to every high school graduate (or GED recipient) who wants to attend
an Idaho public college or university and has met the requirements of the
program.

Senator Sorensen said that the name of the scholarship is flexible and
could be the “Robert Lee” scholarships. She said that the Success
Scholarship Program would be financed with 1/3 of state lottery funds, the
current Promise Scholarship funds, and 5% of the profits from Tribal
Gaming. She said this type plan has been well received in other states.
Senator Richardson asked about the 2.5 grade point requirement.
Senator Sorensen said the intent is to keep Idaho students here in this
state. Senator Darrington asked what he should tell the school districts
in his district who depend on the lottery funds. Senator Sorensen said
that these funds would still be helping students from that district through
the scholarships. She said it is important that we build a better work
force. Senator Stennett asked about the 5% of Tribal Gaming provision.
Senator Sorensen said there may need to do some amending to the bill.
Senator Stennett stated that decreasing funds to his rural district would
be a tough sell and suggested a different division of the lottery funds may
be necessary. Senator Sorensen said there are many perspectives on
the financing aspect of the bill. Senator Richardson asked if this bill
would achieve immediate change. Senator Sorensen said after
amendment and then qualification of students, it would probably take
effect in 2004.
Rick Hachtel, a lobbyist for the Associated Students of Boise State
University, said they support S1118. He said this bill would send an
important message to the college students of Idaho that this state values
higher education. He said that around the country, statistics show that
64% of graduating students enroll in higher education. However, in
Idaho, only 49% enroll. He said this bill could provide a hand up not a
hand out. He said the legislature must be a positive and progressive
force for higher education by supporting the higher education budget and
then supporting this legislation. Senator Stennett asked Mr. Hachtel if he
had to make a choice between funds for buildings on campus or funds for
these scholarships, which would he choose. Mr. Hachtel said the
decision is difficult and the trade off is an important question. He said we
need to consider education K through 16 and not K through 12.
Lynn Humphrey, from the State Board of Education, said that although
they are taking no official position on this bill, they do think it has some
positive effects. She said this bill does encourage enrollment from high
school and it would help students proceed and graduate more quickly.
She said it determines eligibility based on college performance and has
fewer criteria that must be reached. She said it would help defeat the
financial barriers that exist now.
Jeremy Peirsol, representing the Associated Students of Idaho State
University, said he is a first generation college kid and one of ten children.
He appreciates how very important accessibility can be. He likes the idea
of 1,620 Idaho students having access to financial assistance. He said it
is important during economic setbacks to look to the future. He supports
S1118. Senator Stennett said the budget process is all about choices
and asked Mr. Peirsol, which priority he would choose. Mr. Peirsol said
getting the scholarship bill off the ground would be good, but it may need
some amending in the finance area. Senator Little said it is a great
concept but the funding is very challenging. Senator Sorensen said this
bill does not end the building fund, it just reduces the amount a certain
degree in order to allow a wider range of students to get started. There
was further discussion by the committee. Senator Geddes said he
agrees we should promote opportunity but it is important that the students
work hard and make a sacrifice also. He said current statistics indicate
40% of students don’t complete college. He said it is beyond our
capabilities to provide a free education to every student in Idaho.
MOTION: Senator Stennett made a motion that S1118 be sent to the fourteenth
order. Senator Sorensen seconded the motion. The motion failed by a
Voice Vote.
S1167 Relating to state buildings; they shall conform to the Idaho Building
Code Act
and shall be subject to the jurisdiction of the State Division of
Building Safety and the State Fire Marshal.
Senator Bunderson said this legislation was the result of perceived
ambiguities in the law which were identified as a result of the water tower
project at Idaho Place. It was determined that the City of Boise and the
Fire Marshall had been left out of the loop in the construction at this
location. There was a concern about the enforcement of local ordinances
on State Building projects and also questions about the receipts for
inspections, reviews and permits. He said this group of 14 got together
and worked out this legislation which satisfies all parties concerns.
Senator Bunderson said that currently the state has been separate from
the cities and now they will be notified of state projects and have an
opportunity to respond. He said the Judiciary and Rules Committee had
introduced this RS to print and had directed it to the second reading but
through an error it was sent to State Affairs.
MOTION: Senator Stegner made a motion that S1167 be sent to the floor of the
Senate with a do pass recommendation. Senator Richardson seconded
the motion. The motion carried by a Voice Vote. Senator Bunderson will
sponsor this bill in the Senate.
ADJOURNMENT There being no further business, the committee adjourned at 4:15 P.M.






DATE: March 24, 2003
TIME: 3:00 pm
PLACE: Room 437
MEMBERS
PRESENT:
Chairman Sorensen, Vice Chairman Richardson, Senators Darrington,
Geddes, Stegner, Little, and Stennett
MEMBERS
EXCUSED:
Senator Davis and Senator Calabretta
MINUTES: Senator Geddes made a motion that the committee approve the minutes
for March 19, 2003. Senator Stegner seconded the motion. The
motion carried by a Voice Vote.
RS13220 Concurrent Resolution: Authorizing a committee to complete a study of
judicial elections.

Representative Wendy Jaquet stated that this bill is a re-write of HCR27
which will extend the term of the study committee to two years.

MOTION: Senator Geddes made a motion that the committee introduce to print
RS13220. Senator Stegner seconded the motion. The motion carried by
a Voice Vote.
RS13223 Providing a formula for the Maintenance Fund for School Districts in
the state of Idaho.
Darrel Deide, from the Governor’s office, stated that he is a co-sponsor
with Senator Schroeder on this bill. He said this is a result of the Task
Force appointed by the Governor and the State Superintendent of
Education which met over the last eight months and made four
recommendations. This bill mandates that each school district have a
maintenance fund according to the formula provided.
MOTION: Senator Richardson made a motion that the committee introduce RS
13223 to print. Senator Geddes seconded the motion. The motion
carried by a Voice Vote.
RS13216 Relating to the Value Index Calculation for School Districts; to provide
a school with an alternative as to calculation
Darrel Deide stated that when the legislature passed S1474, it changed
the view of school construction in Idaho. This bill will correct a
foreseeable problem with using county data to calculate the amount a
school district pays by providing for possible disparities.
MOTION: Senator Stegner made a motion that RS13216 be introduced to print.
Senator Little seconded the motion. The motion carried by a Voice
Vote.
RS13217 Joint Resolution; Amendment to Section 3, Article VIII, of the
Constitution of Idaho, relating to limitations on county and municipal
indebtedness

Darrel Deide stated that this Joint Resolution proposes a constitutional
amendment to the electorate for the purpose of authorizing school
districts to incur debt with a 60% majority, if the election is held on the
fourth Tuesday in May or the Tuesday following the first Monday in
November, as provided in statute.

Senator Geddes stated that Joint Rule 20 does not allow the introduction
of a Constitutional Amendment this late in the session without a certain
consensus which is being obtained at this time and will be complete with
one other final signature.
MOTION: Senator Stegner made a motion that RS13217 be introduced to print.
Senator Little seconded the motion. The motion carried by a Voice
Vote
.
RS13190 Relating to the Public Records Act; to provide an exception to the
prohibition on distribution or sale of mailing or telephone number lists to
military recruiters
Dr. Bob Haley stated that the purpose of this legislation is to provide an
exception to the prohibition on distribution or sale of mailing or telephone
number lists to allow student directory information to be released to
military recruiters for military recruiting purposes pursuant to the
requirements of federal laws. Schools that do not comply could
jeopardize their receipt of ESEA funds . He said the State Board of
Education and the Legislative Education Committee has reviewed and
approved this legislation.
MOTION: Senator Stegner made a motion that RS13190 be introduced to print.
Senator Little seconded the motion. The motion carried by a Voice
Vote
.
S1171 Relating to Port Districts; to provide for dis-incorporation
Senator Stegner stated that this legislation allows for the dis-incorporation of water-based port districts as discussed in our previous
meeting.
MOTION: Senator Stennett made a motion that S1171 be sent to the floor of the
Senate with a do pass recommendation. Senator Darrington seconded
the motion. The motion carried by a Voice Vote. Senator Stegner will
sponsor this bill in the Senate.
H333 Relating to the sale of alcoholic beverages; to provide cities may by
ordinance allow
the sale of liquor by the drink on certain days
Representative Wayne Meyer said this bill was proposed by the Police
Chief of Post Falls to clarify the sale of liquor by the drink on certain days
and hours. He said currently, per statute the city can restrict sales to 1:00
A.M. The county has the option to extend the serving time until 2:00 A.M.
This legislation amends Section 23-927, Idaho Code, to provide that cities
may, by ordinance, allow the sale of liquor by the drink and extend hours
of sale for liquor by the drink. Senator Little expressed concern that this
legislation might contribute to an even greater confusion about the hours
of legal service. Representative Meyer said that may be but the
intentions is to bring the cities into compliance.
Bill von Tagen , Deputy Attorney General, stated that the decision being
referred to is the one of “separate sovereignty.” He said the counties
can’t legislate in the cities. Senator Little asked if he thought there would
be a bigger problem with multiple closing times. Mr. van Tagen said he
didn’t know.
MOTION: Senator Stegner made a motion that H333 be sent to the Senate with a
do pass recommendation. Senator Stennett seconded the motion. A roll
call vote was requested.
Senator Little made a substitute motion that H333 be held until the next
meeting for further clarification. Senator Geddes seconded the motion.
The motion to hold carried by a Voice Vote.
HJM8 Joint Memorial: to the Congress and President of the United States
giving the President, the troops, and the cabinet support for the war
Representative Julie Ellsworth stated that this resolution expresses
Idaho’s support for President George W. Bush, the President’s cabinet,
and the men and women of the United States Armed Forces for their
courage .
MOTION: Senator Richardson made a motion that the committee send HJM8 to
the floor of the Senate with a do pass recommendation. Senator Geddes
seconded the motion. The motion carried by a Voice Vote.
H322 Relating to the Credit Enhancement Program for School District
Bonds;
to increase the amount of money the endowment fund investment
boards shall make available
Liza Carberry, the Investment Manager, for the State Treasurer’s office,
stated that the purpose of this legislation is to increase the guarantee
amount on the Idaho Bond Guaranty Program from $200 million to $600
million. To date they have issued $200 million in guarantees which is the
maximum. This will expand the program for future bond issues. They did
get approval from Moody’s and assurance that the increased debt would
not adversely affect Idaho’s rating. Senator Stennett said he would like
to see the statement from Moody’s and asked what is the cap. Ms.
Carberry said they estimate this amount will last five to six years out and
then the cap would have to be addressed. Senator Little asked who gets
called in the case of a default. Ms. Carberry said the Treasurer would be
called. Senator Little said he felt uncomfortable with this great of a
commitment and the pledge of the sales tax receipts. Ms. Carberry
stated that the Department of Education does an analysis of each school
district before any issuance and the rating agency also does a review.
MOTION: Senator Stegner made a motion that H322 be sent to the Senate with a
do pass recommendation. Senator Geddes seconded the motion.
Senator Stennett expressed concern that pledging $600 million for the
state may be too much. Senator Stegner said that considering the total
budget for the state and the periodic disbursement of this program, he felt
the increased limit was reasonable and manageable. Senator Geddes
asked if this limit also applied to the cities and counties . Ms. Carberry
said this program only applies to the school districts.
The motion to send H322 to the floor of the Senate with a do pass
recommendation was approved by a Voice Vote.
H357 Relating to the sales of cigarettes; to provide the duties of the Attorney
General
Representative Ellsworth stated that the intent of this legislation is to
make the sale of tobacco products over the Internet mirror how we handle
the sale of alcohol following the steps for a face to face sale. This
legislation would stop a sales delivery of tobacco products to any
individual who is under the legal minimum purchase age in Idaho.
Senator Richardson asked who is responsible for verification of an adult.
Representative Ellsworth said there is a burden on the delivery person.
Chairman Sorensen asked what if an older sibling accepts delivery for a
minor. Representative Ellsworth said this helps to limit that possibility
but it is not a perfect system. She said there would be a training program
for delivery agents. Senator Darrington expressed sympathy for the
“messenger.”
Bill van Tagen, on behalf of the Attorney General, stated that this
legislation originated when former Attorney General Lance became
concerned about youth access to tobacco. Their first intent was to ban all
internet sales but due to some current court rulings, it has not been
determined that would be legal. He said this legislation will provide a dis-incentive to illegal sales and also provide the tools needed to address
violations. It will allow improved tax collection and will also protect other
merchants. Chairman Sorensen asked about the penalty to the delivery
agent for violations. Mr. van Tagen said the penalties are defined in the
existing law and incorporated into this bill. He said there has been a
definite escalation in the internet sales and this legislation will tighten the
law.
Skip Smyser, with Connelly & Smyser Law firm, is representing ALTRIA
which is a wholly owned subsidiary of Philip Morris. He said that tobacco
is rapidly becoming the most highly trafficked illegal substance. He said
there are currently over 1,000 internet sites where you can purchase
cigarettes. These sites are not selling in a lawful manor. He said China
ships 100 billion counterfeit cigarettes into the U.S. each year. This bill
tries to give the state the tools necessary to deal with this problem. It will
allow the Attorney General to go after bad manufacturers. Many other
states have been overwhelmed by illegal activities in tobacco. Organized
crime will take over the states revenue stream. We are going to have to
deal with this area of abuse and this bill is a good start.
MOTION: Senator Richardson made a motion to send H357 to the floor of the
Senate with a do pass recommendation. Senator Stennett seconded the
motion. The motion carried by a Voice Vote. Senator Sorensen will
sponsor H357 in the Senate.
Chairman Sorensen announced that she had received a request by the
sponsor to hold H358 until March 31, 2003.
ADJOURNMENT There being no further business, the committee adjourned at 4:50 P.M.






DATE: March 26, 2003
TIME: 3:00 pm
PLACE: Room 437
MEMBERS
PRESENT:
Chairman Sorensen, Vice Chairman Richardson, Senators Darrington,
Geddes, Davis, Stegner, Little
MEMBERS

EXCUSED:

Senator Calabretta and Senator Stennett
MINUTES: Senator Richardson made a motion that the minutes of March 24, 2003,
be approved as written. Senator Little seconded the motion. The motion
carried by a Voice Vote.
H333 Relating to the sale of alcoholic beverages; to provide cities may by
ordinance allow
the sale of liquor by the drink on certain days
Representative Meyer stated that when the committee last met to review
this bill there had been some concern expressed about a “patchwork” of
bar closing times which might result. Therefore, he did a phone survey of
the current closing time of various bars in Boise and determined that a
“patchwork” of closing times already exists. He provided a handout for
the committee which identified which counties in the state have currently
passed ordinances to extend closing time to 2:00A.M. Apparently,
Boise’s approach has been to allow the county ruling. Therefore, these
bars are out of compliance by staying open until 2:00 A.M. because Boise
hasn’t past a city ordinance to approve it.

Senator Little stated that he had contacted the Attorney General’s office
who in turn contacted the sheriff for a clarification on this bill. Their
conclusion was; H333 amends Idaho Code 23-927 and 23-1012 to permit
cities discretionary authority regarding the hours of sale of liquor by the
drink and beer. H333 does not appear to present any legal
considerations regarding its enactment. In fact, it appears that H333 is
simply a statutory clarification of the police powers, which are organic to
cities. In essence, both cities and counties enjoy broad local controls
over liquor, beer , and wine sales within their respective limits already, this
amendment simply adds further clarification

MOTION: Senator Little made a motion that H333 be sent to the floor of the Senate
with a do pass recommendation. Senator Stegner seconded the motion.
Senator Richardson stated that he disagrees with any additional
availability of alcohol as recent events have demonstrated its destructive
potential. He opposes this bill. Senator Darrington said that he agrees
with Senator Richardson’s conclusion but he was going to vote for this bill
in committee.
VOTE: The motion to send H333 to the floor of the Senate with a do pass
recommendation carried by a Voice Vote.
ADJOURNMENT There being no further business, the meeting was adjourned at 3:25 P.M.






DATE: March 28, 2003
TIME: 3:00 pm
PLACE: Room 437
MEMBERS
PRESENT:
Chairman Sorensen, Vice Chairman Richardson, Senators Darrington,
Geddes, Davis, Stegner, Little, Stennett, Calabretta
MEMBERS
EXCUSED:
Senator Calabretta
MINUTES: Senator Geddes made a motion that the committee approve as written
the minutes for March 26, 2003. Senator Richardson seconded the
motion. The motion carried by a Voice Vote.
RS13221C2 Relating to the Voluntary Contributions Act
Senator Stegner stated that this legislation clarifies the intent of H329 by
reaffirming a labor organization’s authority to engage in lobbying and
voter registration activities as regular membership activities. This bill
clarifies the traditional and authorized legal activities of labor
organizations. Senator Davis , as a co-sponsor of this bill, read the
definition of “lobby” and “measure” as defined terms in Title 67.
MOTION: Senator Stegner made a motion that RS13221C2 be introduced to print.
Senator Davis seconded the motion. The motion carried by a Voice
Vote.
Vice Chairman Richardson then took leadership of the committee while
Chairman Sorensen presented a bill.
RS13252 Relating to the prohibition of gifts to public servants by persons
subject to their jurisdiction.
Senator Sorensen stated that the purpose of this legislation is to amend
Section 18-1356, Idaho Code, to provide an exception from the provision
prohibiting gifts to public servants by person subject to their jurisdiction,
for expenses provided to a public servant to attend charitable, cultural,
instructional or educational events. She stated that this will clarify some
ethical concerns about attendance at meetings paid for by certain
individuals.
MOTION: Senator Darrington made a motion that RS13252 be introduced to print.
Senator Stegner seconded the motion. The motion carried by a Voice
Vote.
S1175 Relating to the Public Records Act; to provide an exception to the
prohibition on distribution or sale of mailing or telephone number lists to
military recruiters
Dr. Bob Haley, the legislative liaison for the Department of Education,
stated that this legislation will bring Idaho into compliance with Federal
Law which requires military recruiters to be allowed access to information.

Schools who fail to comply may jeopardize their funding on a district
basis. Federal funding to Idaho is approximately $120 million. Each
district must comply and provide the name, address and phone number
for students unless their parents have opted out. The State Board of
Education has agreed to forward this legislation.

Darrell Manning with the Department of Financial Management said he
has a personal interest in this bill as he believes the military provides
excellent technical training and it has excellent scholarship programs. He
said that for many students the military is the best way to get an
education. Senator Stennett had several questions about the school age
of students when the information is reported and opting out of the
directory. He questioned the conscious acknowledgment by parents of
this practice.
MOTION: Senator Stegner made a motion to send S1175 to the floor of the Senate
with a do pass recommendation. Senator Richardson seconded the
motion. The motion carried by a Voice Vote. Senator Stennett voted no.
Senator Richardson will sponsor this bill in the Senate.
H363 Fee of $1.00 for 911 on cell phones
Mike Kane, representing the Idaho Sheriffs Association, stated that this is
important legislation for the Association of Counties and the Sheriff’s
agreed to take the lead because it involves a public safety issue. This
legislation has involved the coordination of an extensive group of public
safety providers and telecommunications providers. This bill will solve the
issue of cell phones and land line phones being treated equally with
regards to the 911 fee. If a county has already voted for a fee, it will apply
to both cell and land line phones. There is new technology that will allow
cell phones to be trackable. The problem is that the counties don’t have
funds for the necessary supporting technology. In Idaho, the governance
of 911 is run differently than in other states. He said the bill includes a
suggestion for an interim study committee for emergency
communications. This new fee will generate $5-6 million annually. Since
Idaho law has decided that emergency communications are not state run,
it is up to the cities and counties to find the funds. Under this law, the fee
cannot go beyond a $1.
Roy Eiguren, an attorney with Givens-Pursley law firm is representing
Verizon Wireless. He said that of the seven wireless phone companies in
Idaho, four participated in this committee and three of them support this
legislation (Quest,Cricket, and Verizon). He said cell phones have
expanded dramatically and there is an estimated 600,000 in the state. He
said this legislation will treat cell phone customers the same as land line
customers and it will help to resolve potential law suits between counties
and the state. He said currently, Idaho law does not provide necessary
“enhanced” 911 systems. He said this bill establishes a new budget
process for 911 servers and includes a rate setting process. It also
provides strict limitations on the use of 911 fees. He said that after five
years of controversy and a lot of hard work, this legislation is the positive
result. Senator Sorensen asked about the $1 fee and the annual re-setting of the fee. Mr. Eiguren said the cost of technology is high and it
must be applied across all counties. Senator Geddes asked about the
reliability of the new enhanced systems. Mr. Eiguren said it depends on
your location and is different from one state to another.
Stuart Davis testified as an Idaho citizen who survived a plane crash
several years ago due to the use of his cell phone. He used his cell
phone to contact 911 services who then helped him pinpoint his location
and he was rescued. He thinks it is important for us to concentrate on
saving lives and he believes in cell phones. .
Ron Williams is an attorney from Boise who is representing Sprint
Communications. They support phase two enhanced 911 systems and all
their cell phones have embedded technology for location. He said though
Sprint believes this bill is moving in the right direction , they are unable to
support this bill. He said H363 has good elements but it makes the fee
sound like a general tax and there is no guarantee those funds will be
used to build a phase two communications system. He said there is no
justification for the $1 fee and they usually support a 50 cent fee.
Senator Stegner asked why they support a state system over a county
run system. Mr. Williams said that Idaho is a tourism state and there are
some significant turf wars between law enforcement agencies. Senator
Stegner asked if his concerns regarding the fee becoming general
revenue was not addressed by lines 27 thru 38 of the bill which are very
specific about use of the fee. Mr. Wiiliams said that since he wrote those
words, they are somewhat comforting, but a more comprehensive view of
the fees would prevent possible wiggle room. Senator Geddes stated
that he uses his cell when traveling to Utah and there are significant
stretches where there is currently no coverage. He also stated that if he
uses *ISP within five miles of Boise, he gets the dispatch in Pocatello.
Mr. Williams said he could not explain that but that he does support a
statewide system.
Les Shadduck works with the Idaho County Sheriffs and he said *ISP
calls should go to the center at Meridian. He said dialing 911 would
connect to Ada County. He said that although capital equipment costs
are big, ongoing maintenance is actually the greatest expense. He said
the wireless companies have ongoing costs. Senator Sorensen asked
how the $1 allocation works in smaller cities. Mr. Shadduck said the fees
would help with an enhanced wire line and to establish the basic 911
system. Senator Davis asked if the enhanced phone system will require
the purchase of new phones. Mr. Shadduck said it possibly would
depending on your phone and if it has the chip.
Sheriff Vaughn Killeen stated that they have been working with the
vendors, the counties and the cities for four to five years on these issues.
Because technology is changing so much they struggle with a moving
target. They tried to include a portion to provide oversight for small
counties but they were informed in the House, it wouldn’t pass. So they
voted as a collective body to start with this legislation. They will continue
to work on other issues. Today about 60% of all 911 calls come from cell
phones. Senator Sorensen asked why a portion of the fee (25 cents)
couldn’t be used for the overall system. Sheriff Killeen said that is an
option which they will explore but wireless technology is here now and
they need to move with this legislation now and not wait until next year.
John Ellioretta, a Jerome County Commissioner, serves on the Southern
Idaho Regional Communications Board. The smaller counties have seen
escalating increases (from 7% to 12% in Lincoln County) in the required
contributions to emergency communications systems. This bill provides
equity of fees between cell phones and land line phones. He said if the
counties have to keep increasing contributions they will be in dire
straights.
MOTION: Senator Richardson made a motion to send H363 to the floor of the
Senate with a do pass recommendation. Senator Darrington seconded
the motion. The motion carried by a Voice Vote. Senator Sorensen will
sponsor this bill in the Senate.
RS13250 Relating to the Emergency Communications Act; to make two technical
corrections
Mike Kane stated that this is a trailer bill to H363 which makes two
technical corrections. The first correction is to add language that was
inadvertently dropped on page 2, line 26 of H363, and merely requires the
insertion of the words “or 911 service area” after the word “counties.” The
second correction provides the replacement of the words “wireless
carriers” on page 4, line 51 of H363, with the words “telecommunications
providers,” which are the correct terms used consistently throughout
H363. These terms were agreed to by the sponsors and were intended to
be correctly stated in H363.
MOTION: Senator Stegner made a motion that RS13250 be introduced to print and
then be directed to the 12th order in the Senate. Senator Richardson
seconded the motion. The motion carried by a Voice Vote.
H382 Relating to independent candidates; to provide that a declaration of
candidacy as an independent candidate must be filed during the period
specified in Section 34-704, Idaho Code
Secretary of State, Ben Ysursa stated that this legislation is intended to
bring the filing date for independent candidates in line with the date that
was changed in Chapter 48 of the 2003 Sessions Laws.
MOTION: Senator Darrington made a motion that H382 be sent to the floor of the
Senate with a do pass recommendation. Senator Stegner seconded the
motion. The motion carried by a Voice Vote. Senator Darrington will
sponsor this bill in the Senate.
ADJOURNMENT There being no further business, the meeting adjourned at 4:15 P.M.






DATE: March 31, 2003
TIME: 3:00 pm
PLACE: Room 437
MEMBERS
PRESENT:
Chairman Sorensen, Vice Chairman Richardson, Senators Darrington,
Geddes, Davis, Stegner, Little, Stennett
MEMBERS

EXCUSED:

Senator Calabretta
MINUTES: Senator Richardson made a motion that the committee approve as
written the minutes for March 28,2003. Senator Darrington seconded the
motion. The motion carried by a Voice Vote.
RS13258 Senate Resolution; Expressing support for “Operation Enduring
Support”
Senator Lodge stated that the purpose of this resolution is to urge the
Idaho communities, businesses and schools to support the members of
the armed services. Senator Lodge visited the Viet Nam Memorial Wall
currently on display in Nampa and visited with numerous veterans who told
her how un-welcomed they were upon their return from Viet Nam and how
much that Memorial means to them. She feels it is important that the
treatment of current military members be better.
Senator Bailey said he strongly supports RS13258. As a Viet Nam
Veteran he experienced hostility when he returned and was advised not to
wear his uniform. He said now 30 years later we are hearing from the
protestors again and so are the members of military families. This
resolution will help encourage the families of service men as well as the
soldiers.
MOTION: Senator Richardson made a motion that RS13258 be introduced to print.
Senator Davis seconded the motion. The motion carried by a Voice
Vote
.
SJR101 Joint Resolution; An Amendment to Section 3, Article VIII, of the
Constitution of Idaho, relating to the limitations on county and
municipal indebtedness
Darrel Deide from the Governor’s office stated that this amendment will
allow for a reduction in the two thirds majority requirement for passage of
bond issues if they are scheduled on certain days. This change applies to
school districts only and will allow more of the electorate of Idaho to
participate in elections.
Dan Olberding, representing the Idaho Grain Producers Association
stated that they have a long standing policy of opposing any legislation that
changes the requirement for a two thirds majority.
Dr. Greg Nelson from the Idaho Farm Bureau Federation, stated that their
57,400 members oppose changing Idaho’s Constitution to lower the
supermajority on bond issues from 66 2/3% down to 60%. He said the
supermajority has worked well through the years and if the funding
remains on property tax, then we should keep the 2/3 majority
requirement.
Kent Kunz from the Governor’s office, stated that their guiding principal is
to allow the largest number of voters to determine the issues. That occurs
when the largest number of voters are at the polls. He supports SJR101.
Steve Ahrens with the Idaho Association of Commerce and Industry
stated that they support the two thirds majority requirement. He said the
problem with lowering the majority is that then a smaller group can vote to
impose their opinion. Senator Little asked if this had always been the IACI
position. Mr. Ahrens said it had not, as in past, they had softened their
position to 60% majority. Then in 1997 they returned to favor the
requirement of a supermajority. Senator Stennett asked how many states
require the two thirds majority. Mr. Ahrens did not know. Senator Little
asked if this legislation was related to the facilities law suit. Darrel Deide
stated that it was one of the Task Force’s four recommendations which, if
approved, may have favorable response with the judge.
MOTION: Senator Stegner made a motion to send SJR101 to the floor of the
Senate with a do pass recommendation. Senator Davis seconded the
motion. A roll call vote was requested. Senators Sorensen, Geddes, Davis,
Stegner, Little, and Stennett voted aye. Senators Darrington and
Richardson voted nay. Senator Stegner will sponsor this bill in the Senate.
Chairman Sorensen turned over the chair to Vice Chairman
Richardson
.
S1177 Relating to the prohibition of gifts to public servants by person
subject to their jurisdiction
Senator Sorensen stated that the purpose of this legislation is to amend
Section 18-1356, Idaho Code, to provide an exception from the provision
prohibiting gifts to public servants by persons subject to their jurisdiction,
for expenses provided to a public servant to attend charitable, cultural,
instructional or educational events. She said that she worked on this
legislation with Michael Bogart from the Governor’s office.
Michael Bogart stated that this legislation has been necessitated by
examination of a recent gift rules review. He said they have identified
exceptions to the gift prohibition which are clarified in this bill as charitable,
cultural and educational events. He said these usual and customary social
occasions would include the Governor’s Challenge and the Twigg’s
Tournament. He said pecuniary benefits would not be authorized.
MOTION: Senator Sorensen made a motion that the committee send S1177 to the
floor of the Senate with a do pass recommendation. Senator Davis
seconded the motion. The motion carried by a Voice Vote. Senator
Sorensen will sponsor this bill in the Senate.
S1172 Relating to lobbyists; to prohibit certain contributions during any regular
or special session of the legislature and to provide penalties
Senator Sorensen stated that we must use caution during the session
when bills are before us and contributions to lobbyists are requested. This
is particularly timely due to recent events in Boise. Senator Davis asked if
opposing candidates that are not currently elected would be also precluded
from fund raising. Senator Sorensen said they would only be precluded
from soliciting lobbyists.
Steve Ahrens from the Idaho Association of Commerce and Industry, said
the matter of in session fund raisers came to their attention early in this
session and presented a problem. He said some organizations are not
able to make contributions, but yet felt compelled to show support. He
said this bill deals with the appearance of impropriety not necessarily the
reality. It has limited impact but is important to the public. Senator Davis
asked Mr. Ahrens if he thought it was good public policy to restrict
candidates from fund raising. Mr. Ahrens said the bill doesn’t prevent fund
raising from citizens but only from lobbyists during the session. Senator
Geddes
asked if this bill would protect the incumbent at the expense of the
challenger. Mr. Ahrens said he couldn’t answer that but the intent is to
address the perception of the voters.
Marty Durand, the Legislative Council for the American Civil Liberties
Union, said they oppose this legislation. She stated that the limitations on
political contributions impinge on our freedom of speech and association.
They feel free speech should be expanded not retracted. She suggested it
would be better for Idaho to delay until a related court decision is final.
Karlene Allen, Executive Director for the Idaho Wholesale Marketers
Association, stated that they support this legislation. They are involved
with the tobacco industry which has been placed under increased
regulation and they no longer have funds to contribute to political
campaigns. She said”If you don’t ask-­we don’t have to give.”
Jerry Peterson stated that he is a lobbyist and has also been a candidate.
He asked if he runs again, how would this affect his campaign?
Lori Dicaire the Executive Director of Idahoans for Fair Elections, stated
that they support this legislation. She said that in this time of ethical
scandals, it is important to pass legislation. This bill doesn’t solve all the
problems but it urges putting the public interest ahead of personal interest.
Jeremy Pisca, President of the Idaho Political Advisors Association,
stated that they support S1172. He said that their articles of incorporation
state that they are to foster and promote ethical standards. They believe
this bill will help that. He presented a letter to the committee members.
Senator Sorensen concluded by stating that there is an appearance of
impropriety when asking for funds during the session. This bill does not
preclude getting contributions from anyone outside of the legislature.
MOTION: Senator Sorensen made a motion that S1172 be sent to the floor of the
Senate with a do pass recommendation. There was no second.

Senator Davis made a motion that S1172 be directed to the fourteenth
order. Senator Stegner seconded the motion. The motion carried by a
Voice Vote.

Vice Chairman Richardson returned the chair to Senator Sorensen.

S1176 Relating to the Voluntary Contributions Act
Senator Stegner stated that there was confusion after the passage of
H329 and the purpose of this legislation is to clarify the intent by
reaffirming a labor organization’s authority to engage in lobbying and voter
registration activities as regular membership activities.
Dave Whaley, President of the American Federation of Labor and
Congress of Industrial Organizations, stated that after reviewing S1176
with their headquarters, they continue to find this legislation unnecessary,
unfair and having unintended consequences. The oppose S1176.
Karl Malott representing the Professional Firefighters of Idaho, said that
this legislation is an attempt to hold up a leaning house (H329) but the
house still has no solid foundation. It does not address their constitutional
concerns and they still feel it prohibits them from working on their
traditional issues.
Jim Shackelford, Executive Director of the Idaho Education Association,
stated that although they appreciate the attempt to make clear that union
dues can be used to lobby, they still do not agree with H329. He offered
some suggestions for improvement and recommended that possibly the
committee may want to direct it to the amending order.
Michael Bogart from the Governor’s office, stated that the Governor’s
interest was that this bill be considered a trailer bill to H329 in order to
clarify what constitutes “legislative cause.” He said the intent was to
address a narrow concern and that they did not agree that H329 inhibits
unions from engaging in the political process. Senator Darrington asked
if he thought there is a conflict between the terms “measure and
proposition.” Mr, Bogart said the term measure is broadly defined and is
already encompassed in the Sunshine Laws so a conflict is not readily
evident.
Dennis Doan, a Firefighter, said he had a meeting with the Governor at
the time of the vote on H329 and expressed his concerns . He said this bill
may allow them to lobby but it doesn’t allow them to work on initiatives. He
said the Governor had told him to stay in touch but he didn’t hear anymore.
He said they should be able to use their voluntary dues for their activities.
Senator Davis asked if he thought this bill would improve H329. Mr. Doan
said it is ambiguous and doesn’t go far enough.
Jeff Olsen, representing the Public Employees, said he has testified four
times and he continues to feel these bills fly in the face of the American
Constitution by holding labor to a higher standard. He said that the state
rewards employees with paid time off for contributing to the United Way.
He said the unions are entitled to equal protection. He said when the
courts review this legislation, there will be a clarification.
Senator Stegner said that S1176 is a sincere effort to make sure there
were no unintended consequences to H329. He said he does not doubt
the sincerity of the opposition and their intention to file suit. Never the less,
he is more comfortable with this additional legislation.
MOTION: Senator Stegner made a motion that S1176 be sent to the floor of the
Senate with a do pass recommendation. Senator Davis seconded the
motion.

Senator Stennett made a motion that S1176 be sent to the fourteenth
order. It died for lack of a second.

A roll call vote was requested. Senators Sorensen, Richardson,
Darrington, Geddes, Davis,Stegner and Little voted aye. Senator Stennett
voted nay.

H358 Relating to the Tobacco Master Settlement Agreement; to revise how
funds placed in escrow may be released
Brett DeLange representing Attorney General Wasden, stated that this
legislation is designed to eliminate an unintended consequence of
language found in Idaho’s Tobacco Master Settlement Agreement Act.(the
Act) Some tobacco product manufacturers, not parties to the MSA, have
begun utilizing present language in Idaho Code Section 39-7803 of the
Act, to obtain an early release of the great majority of their escrow
deposits. This frustrates the purpose for which the Act was passed. The
proposed amendment would cure this unintended consequence by limiting
releases from escrow accounts. Senator Davis asked about Sub Part 2 of
the bill which he thought indicates that non participating manufacturers can
get their money back if 1.) They are sued or 2.)to the extent that the
amount they paid is greater than their share or 3.) when it reverts back
after 25 years. Mr. DeLange said the statute says if the amount exceeds
Idaho’s allocable share, you get a release. He said if non participating
manufacturers properly structure their marketing operations they can get
release and they have a competitive advantage. He said last year Idaho
lost $1.6 million to non-participating manufacturers. He said the corpus of
the escrow account was meant to remain for 25 years. Senator Stegner
asked what is the states share. Mr. DeLange said that under the MSA,
each state has an allocable share of the proceeds. The current statute
says if your payments exceed that share you can get a release.
Jim Jones, the former Attorney General of Idaho introduced Tony Troy.
Mr Troy is the former Attorney General of Virginia and currently is an
attorney with Troutman Sanders L.L.P. who are legal counsel to the
Council of Independent Tobacco Manufacturers of America (CITMA). He
said this national trade association opposes H358 which they say seeks to
provide certain tobacco manufacturers, with a competitive advantage in the
marketplace. He said the MSA to which Idaho is a party, contained a
model statute, identified as Exhibit T, which was adopted verbatim by
every settling state. In Idaho, Exhibit T was codified at Section 39-7803 of
the Idaho Code and sets forth the escrow obligations for those tobacco
manufacturers that have not been sued by the state or entered into
settlement with the state. When the MSA was signed, all states knew that
the Exhibit T language was sacrosanct and that in order for the state to
receive its MSA payments, Exhibit T could not be altered for any reason.
More important, every state was told that if, for whatever reason, Exhibit T
was not codified verbatim, the state’s tobacco settlement money could be
jeopardized. They feel H358 seeks to alter that sacrosanct statute. He
further stated that inasmuch as H358 would have the affect of protecting
the market share of certain large tobacco companies, they feel it should be
rejected as poor public policy. It should be rejected for the following
reasons:

1. Any amendment to Section 39-7803 of the Idaho Code violates the
express terms of the Consent Decree governing the Tobacco Master
settlement Agreement.

2. H358 suggests, on its face, that it is unconstitutional.

3. Passage of H358 could have a significant negative fiscal impact on the
state. (Hand out on file in State Affairs office)

Senator Davis asked how many states have attempted this legislation.
Mr. Troy said twelve to fifteen states. Senator Davis asked to whom the
clear and convincing evidence necessary before the consent decree was
modified should be directed. Mr. Troy said to the state court.
Brad Hoagland from the Coalition for Health of Idaho, stated that we all
know that there are health impacts to this state from tobacco products.
They are concerned about the $1.6 million loss from last year. Idaho
shouldn’t wait but should move forward with H358.
Skip Smyser an attorney with Connelly-Smyser who represents ALTRIA
and Philip Morris stated that this legislation is from the Attorney General
and they do support it. They feel it will help create a level playing field for
all cigarette manufacturers.
Brett DeLange said he would like to respond to Mr. Troy. He said Philip
Morris pays more per cigarette than nonparticipating manufacturers. He
said there is no plan for reviewing the issue by the MSA participants. He
said Idaho lead the nation in the original legislation and we should go
forward now. He said their office contacted the members of the MSA and
got signed letters that they agree this legislation is not in violation of the
consent decree. He said only a member of the MSA can raise an issue
about the consent decree. He said H358 is attempting to fix some
unintended consequences of Exhibit T.
MOTION: Senator Stegner made a motion to send H358 to the floor of the Senate
with a do pass recommendation. Senator Little seconded the motion.
The motion carried by a Voice Vote.
Chairman Sorensen announced that due to late hour, the presentation on
state construction projects would be delayed until the next meeting.
ADJOURNMENT There being no further business, the committee adjourned at 6:00 P.M.






DATE: April 2, 2003
TIME: 3:00 pm
PLACE: Room 437
MEMBERS
PRESENT:
Chairman Sorensen, Vice Chairman Richardson, Senators Darrington,
Geddes, Davis, Stegner, Little, Stennett
MEMBERS

EXCUSED:

Senator Calabretta
MINUTES: Senator Richardson made a motion that the committee approve as written
the minutes for March 31, 2003. Senator Darrington seconded the
motion. The motion carried by a Voice Vote.
PRESENTATION The Governor’s Facilities Bonding Proposal 2003
Creating Jobs Now and Improving Idaho’s Economy
Chuck Winder, a commercial construction expert, presented a power point
presentation of eight proposed construction projects in the state of Idaho.
Each of these projects has been previously authorized by the legislature
with some level of partial funding. This plan intends to use existing
dedicated Permanent Building Fund revenues and bonding for financing.

Th eight projects are located in Coeur d’Alene, (NIC Nursing/Life Science
Center), Moscow, (UITeaching and Learning Center), Lewiston, (LCSC
Classroom/Activity Center), Nampa, (BSU West Campus Building),
Meridian, (State Police Training Center), Twin Falls (CSI Fine Arts
Addition), Pocatello (ISU Classroom Building) and Idaho Falls (EITC
Nursing Building). He then presented the details of each proposed project
and a handout summary sheet. He stated that the total statewide economic
impact would be $188,219,279 and it would help to replace 4,200
construction jobs lost over the last year. He said in order to proceed, there
are three pieces of legislation. They are HCR 30; a Concurrent Resolution
which will provide legislative approval to enter into agreements with the
State Building Authority to bond for the eight projects and H396 which
authorizes the State Building Authority to bond for Community College
projects and H397 which prevents the use of Permanent Building Fund
Revenues to pay debt service on new bond issues. He said that the current
low interest rates, Idaho’s high bond rating and low public debt, make this
is a good time to take advantage of a unique, cost-effective opportunity.

Chairman Sorensen thanked Mr. Winder for his informative presentation.
HJM11 House Joint Memorial ; to Congress to sponsor and support
appropriations to provide timely access to health care for our valued
Veterans
Senator Bailey stated that this memorial seeks to bring attention to
Congress that Veterans are in need of adequate health care. Currently,
Veterans are on waiting lists across the state and can’t get in to see a
physician. He believes it is time to address appropriations to provide timely
access to health care for our valued Veterans.
Richard Jones, the Administrator for the Idaho Department of Veterans
said they have been reviewing the quality of care for Veterans at various
outpatient clinics and have determined that they are experiencing a one to
two year delay in services. He supports this legislation to urge improved
access to care for Veterans. Senator Richardson asked about the care
for Veterans provided outside of the Veterans Hospital. Mr. Jones said that
in this area , a liaison with other facilities has not been developed.
MOTION: Senator Darrington made a motion that the committee send HJM11 to the
floor of the Senate with a do pass recommendation. Senator Richardson
seconded the motion. The motion carried by a Voice Vote.
H374 Relating to horse racing; to clarify the advance deposit wagering on horse
racing conducted by licensees is declared to be lawful
Representative Janet Miller stated that the purpose of this legislation is to
declare that advance deposit wagering conducted by licensees is hereby
declared to be lawful in the state of Idaho and within the scope of the
licensee’s license. It will declare that electronic wagering for horse racing
in Idaho is legal and will bring additional dollars to Idaho which are now
going outside the state. It is estimated that currently $2 to $5 million is
being wagered outside the state. The bill further clarifies that the Idaho
State Racing Commission will regulate this activity.
Steve Tobiason representing the Idaho Thoroughbred Association said
they are a group of horse owners who negotiate with the Tracks for a
percentage of the receipts. They agree with simulcasts being approved by
the legislature to help keep horse racing alive in Idaho. However, they feel
cautious about how positive of an impact it will have on live racing.
Stan Boyd, the lobbyist for Les Bois Track ,stated that they strongly
support H374. He said it is good for both the racing facilities in Idaho as
well as for the horse men of Idaho. He is requesting it be directed to the
Fourteenth order for a technical correction to lines 40 and 41.
Jan Bryant from the Board of the Idaho Thoroughbred Association, said
that their members are 70% of the horse men of Idaho. However, they
have not been informed about this legislation. Currently, they are owed half
a million dollars by Les Bois track which they are trying to collect. They
agree that additional funding would be beneficial but would like to see the
addition of an auditing process so the law will have some teeth and
structure.
Oscar Steinley a member of the Racing Commission stated that they
would be regulating this new program and they do support this legislation.
Clayton Russell with the Idaho Quarter Horse Association stated that they
support this bill.
Representative Smylie stated that this bill does open up increased
gambling in Idaho. He said it allows you to bet without going to a live meet.
He also said there are unresolved disputes between the various groups
involved with the Les Bois track. He is also concerned that Federal rules
may allow reservation gambling as an unintended consequence of this
legislation. He said it needs language added for auditing requirements.
MOTION: Senator Little made a motion that the committee send H374 to the
Fourteenth order. Senator Stegner seconded the motion.

Senator Richardson made a substitute motion that H374 be held in
committee. Senator Davis seconded the motion. The motion failed by a
Voice Vote.

The motion to send H374 to the Fourteenth order carried by a Voice
Vote
. Senator Richardson requested to be recorded as voting no.
Senator Little will sponsor this bill in the Senate.

H387 Relating to Bingo proceeds; to provide requirements for the withdrawal of
funds
Clinton Miner from the Attorney general’s office stated that this legislation
will codify minimum checking account requirements for licensed bingo
facilities which will enhance the ability to audit such operations.
MOTION: Senator Stegner made a motion that the committee send H387 to the floor
of the senate with a do pass recommendation. Senator Little seconded
the motion. The motion carried by a Voice Vote. Senator Stegner will
sponsor this bill in the Senate.
H385 Relating to confidentiality of records relating to judicial proceedings for
sterilization
Representative Margaret Henbest stated that this is a trailer bill to H213
which pertains to sterilization for the mentally handicapped. She said the
purpose of this bill is to require that the court compile statistics relating to
sterilization in accordance with the law. This will help to develop a better
understanding of the effectiveness of the statute.
Patty Tobias stated that she was confident the courts could handle the
additional tracking.
Representative Langhorst, a co-sponsor of this bill said this is necessary
legislation.
MOTION: Senator Darrington made a motion that the committee send H385 to the
floor of the Senate with a do pass recommendation. Senator Stennett
seconded the motion. The motion carried by a Voice Vote. Senator
Darrington will sponsor this bill in the Senate.
ADJOURNMENT There being no further business, the meeting adjourned at 4:10 P.M.






DATE: April 4 , 2003
TIME: 12:00 am (Upon adjournment)
PLACE: Room 437
MEMBERS
PRESENT:
Chairman Sorensen, Vice Chairman Richardson, Senators Geddes,
Davis, Stegner, Little, Stennett, Calabretta
MEMBERS

EXCUSED:

Senator Darrington
MINUTES: Minutes for April 2, 2003 will be held until the next meeting.
RS13211 Relating to political activities of public school employees; addition of
new Section 67-6630, to Idaho Code Chapter 66, Title 67; to specify
political activities which are permitted and political activities which are
prohibited
Senator Monty Pearce stated that this legislation is a result of allegations
over the last few years regarding elections in the public school system.
There have been questions about guidelines and this bill will help clarify
them. He said that beginning at line 12, the bill states what a school
district employee is allowed to do. Line 39 tells what the Board of
Trustees can do and then it explains how schools can be used for political
activities. He said this wording was taken from Section 67 of the Public
Employees Code. He said it also clarifies the use of technology to
promote ballot measures and how violations will be handled.

Senator Davis stated that on page 2, line 13, there is an omission and
that the phrase”belonging to the public school district” should be inserted
after the word asset. He said we need to define assets that belong to
them as an employee from those that belong to the district. Senator
Pearce
said that Title 67 is directed at the hours on the job. Senator
Stennett
referred to page 2, lines 20-21 and stated that he used
government class students on his campaign, which he can do. But this bill
indicates that they could not work with the teachers on school district
issues. He questions whether that is unconstitutional. Senator Pearce
said that if they are in a school facility, using children of the school district
is improper. Senator Stennett said that as a non-school district
candidate, he can campaign door to door, however, if a school district
employee did the same, they would be in violation. He asked who will go
to jail? Senator Pearce said the violation is a misdemeanor and no one
would go to jail and that schools are not a recruitment facility. Senator
Stennett then asked that if you are an employee of the school district
then you cannot use the students. Senator Pearce said that was correct.
Senator Richardson stated that he uses students but he does not recruit
them at the school. He said outside the school is different. He said he
has also used school facilities before and he understands that as long as
he follows the rules he can still use them. Senator Pearce said there had
been complaints that children were being sent home with messages about
issues. Senator Stennett stated that on page one subsection A, it
enumerates what is allowed by a school employee. He asked if a school
employee does something not covered in that enumeration, would it be a
violation. Senator Pearce said if it is not covered, it is not a violation.
Senator Calabretta described a scenario when Senators visit Civic
Classes by invitation and asked if that is a violation. Senator Pearce
stated that since he does not see that identified, it would be allowed.
Senator Calabretta described another situation where teachers in the
Shoshone County High School put together a Republican Forum for
statewide candidates for the Republican Party. She asked how that
would be affected. Senator Pearce asked if that was during school
hours. Senator Calabretta said it was a school assembly during school
hours. Senator Pearce said that since it is for a specific party, rather
than general information, they would have to make the forum available to
all parties. Senator Stennett asked about a school employee appearing
on a television show about an issue and asked if that would ” compromise
the public school integrity” as referred to on page one. Senator Pearce
asked if it was during school hours. Senator Stennett asked if an
employee participates in a campaign, then how can they be neutral?
Senator Pearce stated that line 27 on page one states that an employee
can be politically active. Senator Stennett referred to line 37 and the
phrase ” compromised neutrality of the employee’s public school district.”
Senator Pearce said that it is just necessary that the employee does not
represent the school district. Senator Stennett asked what if the
employee wanted to send a letter to the editor about an issue that was not
neutral. Senator Pearce said those rights are all allowed. Senator
Richardson stated that it was clear that a person can speak for
themselves, they just can’t represent the school district and these are two
different situations. Senator Stennett said he thought it is too late in the
session to print a new RS, especially when it seeks to take away school
district employees rights.

MOTION: Senator Stennett made a motion that the committee return RS13211 to
the sponsor. Senator Calabretta seconded the motion.
Senator Richardson made a substitute motion to introduce to print
RS13211. Senator Geddes seconded the motion. Senator Davis asked
Senator Richardson to add a correction to the bill on page two, line 13,
by inserting the phrase “belonging to the public school district” after the
word “asset”. Senator Richardson agreed to this additional language.
Senator Stennett stated that it is really late in the session and this
legislation effects the rights of the people educating our children. He
opposes hearing this bill. Chairman Sorensen said that she thinks this
bill needs to be heard and that may take a lot of time. She agreed it is late
in the session. Senator Richardson said that if we don’t act now, they
may reciprocate and he thinks we should go forward with this clarification.
A roll call vote was requested. The substituted motion to introduce to
print
RS13211 with a correction carried. Senators Richardson,
Geddes, Davis, Stegner and Little voted aye. Senators Sorensen,
Stennett, and Calabretta voted nay.
ADJOURNMENT There being no further business, the committee adjourned at 12:40 P.M.






DATE: April 7, 2003
TIME: 3:00 pm
PLACE: Room 437
MEMBERS
PRESENT:
Chairman Sorensen, Vice Chairman Richardson, Senators Darrington,
Geddes, Davis, Stegner, Little, Stennett, Calabretta
MEMBERS

EXCUSED:

None.
MINUTES: Senator Richardson made a motion that the minutes of April 2, 2003 be
approved as written. Senator Darrington seconded the motion. The
motion carried by a Voice Vote.

Senator Richardson made a motion that the minutes of April 4, 2003 be
approved as written. Senator Darrington seconded the motion. The
motion carried by a Voice Vote.

H386A Relating to Bingo Games and Raffles; to revise licensure requirements
for Bingo Games and Raffles
Clinton Miner from the Attorney General’s office, stated that this
legislation is a clean up bill which stemmed from some confusion by
various organizations who have challenged existing language. By
simplifying the language it makes the licensing requirement clear and
targets the types and sizes of games which were initially intended to hold
a license. This change would not increase or decrease the number of
organizations who would be required to have a license, it only clarifies
their licensing requirement.

Senator Darrington asked if a school wanted to auction an old car for
$1,000 would they be excluded from licensing. Mr. Miner said any value
over $1,000 requires a license.

MOTION: Senator Richardson made a motion that the committee send H386A to
the floor of the Senate with a do pass recommendation. Senator Little
seconded the motion. The motion carried by a Voice Vote. Senator
Little will sponsor this bill in the Senate.
Chairman Sorensen said that H388 would be held since the sponsor was
not available to present it.
H392 Relating to Bingo; to require additional requirements for statements
prepared by charitable or nonprofit organizations conducting Bingo
games.
Clinton Miner stated that confusion has arisen concerning rules
promulgated by the Idaho Lottery Commission requiring the tracking of
bingo sales. This amendment clarifies that bingo operations must track
participation by players and the inventory and uses of bingo paper on a
per session basis. Senator Little asked what is the annual amount of
dollars that is spent on bingo. Mr. Miner said it was estimated to be $10
to $12 million dollars last year in Idaho. Senator Richardson asked how
much of that was small organizations such as churches. Mr. Miner stated
that they only have to license if their annual gross sales is over $10,000.
There are other provisions for smaller operations such as PTA’s and
churches. Senator Richardson asked about other type games such as
those on the radio. Mr. Miner stated that promotional sweepstakes don’t
fall under the bingo regulations. He said this is good legislation which will
help to track bingo operations. Senator Darrington asked if there had
been any history of the bingo being involved with organized crime. Mr.
Miner stated that at this time, they are more concerned with internal
influence on operations than on external influences. Senator Stegner
asked if there are taxes on these operations. Mr. Miner said that bingo
operations are only allowed for nonprofit and charitable organizations and
they are not taxed. He said 15% of receipts go to overhead for
employees salary and 20% goes to the charitable organization. He said
any winnings in excess of a certain amount are also tracked and reported.
He said an example is the Veterans run an operation from Mountain
Home Air Base from which they use their portion to help provide
prescription medications to Veterans unable to reach the Veteran’s
locations. Senator Stegner asked if there were any commercial
operations. Mr. Miner said there are only non-profits.
MOTION: Senator Calabretta made a motion that the committee send H392 to the
floor of the Senate with a do pass recommendation. Senator Little
seconded the motion. The motion carried by a Voice Vote. Senator
Calabretta will sponsor this bill in the Senate.
Chairman Sorensen presented a gift and letters to our page Brittany
Jensen and the committee expressed their appreciation for her good
service to the State Affairs Committee. The committee also recognized
Carolyn Heinzman-Shaffer for her service as the State Affairs Attache
during this session.
ADJOURNMENT There being no further business, the committee adjourned at 3:35 P.M.