2004 Judiciary, Rules, & Administration

Courts, prisons, attorneys, juvenile justice

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January 21, 2004
January 21, 2004 – Subcommittee
January 27, 2004
January 27, 2004 – Subcommittee
January 29, 2004
January 29, 2004 – Subcommittee

February 3, 2004
February 5, 2004
February 9, 2004
February 11, 2004
February 17, 2004
February 19, 2004
February 23, 2004
February 25, 2004
February 27, 2004

March 1, 2004
March 3, 2004
March 5, 2004
March 9, 2004
March 11, 2004
March 15, 2004
March 17, 2004

DATE: January 21, 2004
TIME: 1:30 p.m.
PLACE: Room 404
MEMBERS: Chairman Field(18), Vice Chairman Clark, Representatives Sali,
Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen,
Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart
ABSENT/

EXCUSED:

None
GUESTS: See attached sign-in sheet
MINUTES: Chairman Field called the meeting to order and informed the members
that she planned on chairing all scheduled meetings. If at any time this is
not possible, she would inform both the secretary and Vice Chairman
Clark in advance. The Chairman introduced Director Dan Charboneau to
give the state of the Idaho State Police.



The Director introduced his staff and thanked Chairman Field and
Representative Wills for their work on Idaho State Police issues over the
summer. The Director said the state of the Idaho State Police is
optimistic. This optimism is based on teamwork, opportunity and
partnership. The Director pointed to some recent successes of the
Department. Meth labs are down for the first time in history. Light bars
have been removed from some patrol cars so the officers can more easily
prosecute aggressive drivers. This removal of light bars is a pilot test to
see how effective it is.



The Director said the Department is at a crossroads and needs help.
Recruiting new officers is proving difficult. Nineteen percent of current
officers are looking for better paid positions. A plan must be established
to remedy the situation and the remedy will cost money. The Department
will try to find funds in its current budget, but outside funding will also be
necessary to accomplish its goals. Safer vests are currently being
purchased for the officers. In conclusion, the Director thanked the
committee for the opportunity to speak about the successes and concerns
of the Idaho State Police.



The Chairman thanked the Director and called on Michael Becar,
Executive Director of the Idaho State Police Peace Officer Standards and
Training Academy, to speak about the progress on training of the officers
to handle sexual assault cases. Mr. Becar said funding for the program
has been found through grant money and federal sources. Three CDs
have been produced on basic training programs. These CDs are each 8-hour programs. This is interactive and challenging training. These
programs will be sent out to every law enforcement agency in the state.
As a part of the program, groups of preschoolers are brought in. The
officers give the children a tour and ask questions of them. They are
discovering it is difficult to question very young children and receive
honest answers. With this program, the officers learn how to ask the
children questions that the children will be able to honestly answer.

RS13487: Ann Cronin, special assistant to the Director of the ISP, was recognized to
explain the proposed legislation. Ms. Cronin said Idaho Code 37-2732(K)
allows restitution to be sought from offenders, upon sentencing, for the
analysis of felony controlled substances. Restitution amounts are
deposited into the drug enforcement donation fund. Restitution funds
received by the laboratory are used to pay a portion of the cost to analyze
drug evidence submitted by law enforcement agencies. This proposal
seeks restitution for the analysis of controlled substances for conviction
on misdemeanor drug offenses since the same expenses are incurred by
the laboratory regardless of whether the evidence results in a felony or
misdemeanor conviction.
MOTION: Representative Ellsworth moved to introduce RS13487. Motion carried.
RS13494: Chairman Field recognized Ann Cronin to explain. Ms. Cronin said this
proposed amendment adds a definition of “DNA analysis” to the Idaho
DNA Database Act of 1996. It also provides for the addition of two new
classes of offenders, subject to sample collection: felony burglary and
felony domestic violence. It provides that persons subject to sample
collection may be ordered by the court to pay restitution to help offset
costs incurred by law enforcement agencies for the expense of DNA
analysis. DNA analysis is a costly procedure, with processing expenses
running from $750 to $1,200 per sample. Restitution funds will be used to
purchase, repair and maintain instruments, equipment and supplies. The
funds will also help pay for training and general operations of the
laboratory and for DNA outsourcing on analysis that ISP’s laboratory does
not perform.
MOTION: Representative Nielsen moved to introduce RS13494. Motion carried.
RS13475: Prior to the presentation of the proposed legislation, Chairman Field
recognized Jody Taylor, the Interstate Compact Coordinator for the
Department of Juvenile Corrections, who will be leaving the Department
within a week. Director Brent Reinke said Jody was recognized by her
peers nationally for her work with the Department. The Director was then
recognized to explain the proposed legislation. This is an updated version
of the Interstate Compact laws Idaho already has in place. Eleven states
have already adopted this new version. This proposed legislation was
developed at the national association council for Interstate Compact for
Juveniles level. It will become effective upon the enactment of the
Interstate Compact for Juveniles into law by 35 states or on July 1, 2004,
whichever is later. If Idaho is one of the first 35 states to adopt this
compact, it will have a seat on the council. The proposed legislation
amends existing code dealing with juveniles who are not under proper
supervision, or who have escaped or run away from their state. The
cooperation of this state with other states is necessary to provide for the
welfare and protection of juveniles and of the people of this state. If
adopted, Idaho will cooperate fully in returning juveniles to other states
whenever their return is sought. Idaho will also accept the return of
juveniles whenever a juvenile residing in this state is found or
apprehended in another state.
MOTION: Vice Chairman Clark moved to introduce RS 13475. Motion carried.
ADJOURN: There being no further business to come before the committee, the
meeting was adjourned at 3:10 p.m.






DATE: January 21, 2004
TIME: 3:10 p.m.
PLACE: Room 404
MEMBERS: Chairman Jim Clark; Representatives Edmunson, Ring, Wills, Boe
ABSENT/

EXCUSED:

None
GUESTS: Ann Cronin, Idaho State Police; Michael Becar, POST Academy
MINUTES: Chairman Clark called the meeting to order and recognized Ann Cronin to
explain the pending rules of the Idaho State Police.
11-0501-0301: Ms. Cronin said these rules govern Alcohol Beverage Control. On page 3
of the rules, paragraph 04.d. under definitions, there is an addition which
says if you are going to call your establishment a restaurant, you must
have a menu and show that the services occur on the premises.
Equipment normally found in restaurants must be located on the
premises, and at least 40% of the establishment’s consumable purchases
must be derived from the purchase of food and non-alcoholic beverages.
11-1001-0301: Ms. Cronin said these are rules governing the Idaho Law Enforcement
Teletypewriter System. The proposed amendments will strengthen ILETS
network security requirements to comply with federal standards,
particularly in regard to password and encryption policies. They also
update citations for national policies incorporated by reference.
11-1101-0301 Michael Becar was recognized to present the pending rules regarding the
Idaho Peace Officer Standards and Training Council. Mr. Becar said the
changes to the rules on page 19 were cosmetic. The word “shall” was
changed to “must.” In Section 01., the words “or juvenile probation” were
added. Also, an applicant must be free from any impediments of the
senses of sight, hearing, taste, smell and touch. On page 20, a definition
is provided for Closed Campus.
MOTION: Representative Boe moved to recommend to the full committee that
Docket No. 11-0501-0301, Rules Governing Alcohol Beverage
Control,
be accepted. Motion carried.
MOTION: Representative Ring moved to recommend to the full committee that
Docket No. 11-1001-0301, Rules Governing the Idaho Law
Enforcement Teletypewriter System
, be accepted. Motion carried.
MOTION: Representative Boe moved to recommend to the full committee that
Docket No. 11-1101-0301, Rules of the Idaho Police Officers
Standard and Training Council,
be accepted. Motion carried.
ADJOURN: There being no further business to come before the committee, the
meeting was adjourned at 3:30 p.m.






DATE: January 27, 2004
TIME: 1:35 p.m.
PLACE: Room 404
MEMBERS: Chairman Field(18), Vice Chairman Clark, Representatives Sali,
Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen,
Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart
ABSENT/

EXCUSED:

Representative Edmunson
GUESTS: Representative Rydalch; Heather Reilly, Idaho Prosecuting Attorneys;
Olivia Craven, Commission of Pardons and Parole
MINUTES: Chairman Field called the meeting to order and asked the members to
review the minutes. Representative Ring moved to accept the minutes of
the meeting held on January 21, as written. Motion carried.
RS13582C1 Chairman Field recognized Representative Ring to explain the proposed
legislation. Representative Ring said this proposal is intended to close a
“loophole” in the law regarding Drug Court Participation Fees. This law
would ensure that all participants are accountable for costs and fees
incurred during their participation in the program. In 2003, the Idaho
Court of Appeals ruled that the requirement to pay drug court fees does
not survive termination from the drug court program and cannot be
ordered as a fee or restitution at sentencing absent a statutory provision
allowing such. These fees are necessary for the successful operation of
the program. This proposed change to the law will allow the expense of
the drug court treatment and supervision to survive the termination from
the program and allow the sentencing judge to order the fees during
sentencing or as a cost that is a condition of probation.
MOTION: Representative Shirley moved to introduce RS13582C1. Motion
carried.
RS13622 The Chair recognized Representative Rydalch to explain. Representative
Rydalch said this proposal would close a loophole in the law by requiring
a criminal history check on the owners, operators and employees of a day
care facility of any size. It also adds a new section to make sure that
registered sex offenders are not permitted on the premises of a day care
facility and establishes it as a misdemeanor if the law is not obeyed.
MOTION: Representative Clark moved to introduce RS13622. Discussion followed
during which some of the members questioned the time it takes to do
background checks. In support of his motion, Representative Clark asked
that RS13622 be introduced in order that a full blown hearing could be
held on this important issue. Motion carried.
RS13623C1 Chairman Field called on Representative Rydalch. Representative
Rydalch said this proposed change to the office of the Attorney General
will provide that a department, agency, office, officers, board, commission,
institution or other state entity may be represented by or obtain its legal
advice from either the Attorney General’s office or from an attorney at law
in the private sector. This proposed legislation would allow state entities
to make a choice on who would represent them. Representative Clark
said there is a technical problem with this change. It would result in a
large fiscal impact instead of a revenue neutral impact. Representative
Pasley-Stuart registered her concern regarding the proposed legislation.
MOTION: Representative Nielsen moved to introduce RS13623C1. Roll call vote
was requested.
ROLL CALL
VOTE:
Voting AYE-Representatives Ellsworth, Ridinger, Nielsen, Shirley. Voting
NAY-Representatives Field, Clark, Sali, Smith, Harwood, Kulczyk, Ring,
Wills, Boe, Andersen, Pasley-Stuart. MOTION FAILED 4-11-1.
RS13730: Chairman Field recognized Heather Reilly to explain the proposed
legislation. Ms. Reilly said this legislation divides the crime of stalking into
first-degree and second-degree stalking. First-degree stalking is a felony
which is committed when an individual commits second-degree stalking
and one of the aggravating factors is present as enumerated in the
proposed legislation. Such factors include stalking a victim who is under
sixteen and the stalking of a victim against whom certain crimes have
already been committed by the perpetrator. The penalty for second-degree stalking is the same as that already provided in Idaho Code.
Stalking in the first degree is punishable by a fine not exceeding ten
thousand dollars, or imprisonment in the state prison for not less than one
year nor more than five years, or by both such fine and imprisonment.
Definitions are also provided for “family member” and “nonconsensual
contact.”
MOTION: Representative Ring moved to introduce RS13730. Motion carried.
PRESENTATION Chairman Field recognized Olivia Craven to update the members on the
State of the Commission of Pardons & Parole. Ms. Craven said the
Legislature saw fit to increase the number of employees of the
Commission. As a result, the Commission has been able to take on more
duties and help out the Department of Corrections. Crimes of violence
always come before the Commission. Parole determination is at the
complete discretion of the Commission. Parolees must serve one year on
parole. The Commission does a lot in the area of restitution and it is
working to make sure inmates are out when they are supposed to be.
Drug courts are having a very positive effect in helping to keep people out
of prison. Programs need to continue to be provided and structured
reentry into the workplace is most important. Inmates receive vocational
training once they have been tracked in the rehabilitation program.
ADJOURN: Chairman Field thanked Ms. Craven and told the members that the
Thursday meeting will be the last day to hear personal legislation. The
Chair said there are four important issues facing the Committee. A task
force needs to be made up to study each issue. The issues are: estate
planning/court appointees; corrections/mental health; sentencing reform;
release/vocational-educational programs. The Chair asked the members
to sign up for the area in which they are interested. There being no further
business to come before the Committee, the meeting was adjourned at
2:35 p.m.






DATE: January 27, 2004
TIME: 2:35 p.m.
PLACE: Room 404
MEMBERS: Chairman Clark; Representatives Edmunson, Ring, Wills, Boe
ABSENT/

EXCUSED:

Representative Edmunson
GUESTS: Olivia Craven, Commission of Pardons & Parole
MINUTES: Chairman Clark called the meeting to order and asked the members to
review the minutes of the last meeting. Representative Ring moved to
accept the minutes of the subcommittee meeting held on January 21, as
written. Motion carried.
RULES REVIEW: The Chairman called on Olivia Craven to explain the pending rules of the
Commission for Pardons & Parole.
Docket #50-0101-0302: Ms. Craven said on page 48 of the pending rules, Section 06., the rule
simply allows the Commission to grant an unsupervised parole when the
parolee has met the minimum discharge requirements, but still owes
restitution or other court assessments. Also, if a parolee is medically
unable to fulfill the obligations of parole, the Commission may suspend
any or all parole obligations.
MOTION: Representative Ring made a motion to recommend to the full committee
that the pending rule of the Commission of Pardons & Parole , Docket
#50-0101-0302,
be accepted. Motion carried.
ADJOURN: There being no further business to come before the subcommittee, the
meeting was adjourned at 2:45 p.m.






DATE: January 29, 2004
TIME: 1:30 p.m.
PLACE: Room 404
MEMBERS: Chairman Field(18), Vice Chairman Clark, Representatives Sali,
Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen,
Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart
ABSENT/

EXCUSED:

None
GUESTS: Michael Kane, Idaho Sheriffs Assn.; Edward Lodge; Representative
Smylie
MINUTES: Chairman Field called the meeting to order and asked the members to
review the minutes. Representative Ridinger moved to accept the
minutes of the meeting held on January 27, as written. Motion carried.
The Chair then asked for unanimous consent to transfer H 508 dealing
with the Judges’ retirement investment fund to State Affairs, the
Committee that introduced it. There being no objection, H 508 was
transferred. Because of a time conflict, H 518, on the agenda to be
presented by Director Reinke was moved to Tuesday, February 3.
MOTION: Representative Smith moved to introduce all proposed legislation on
the agenda.
Representative Clark said he was not sure if that motion
was prudent at this time. The members might want background
knowledge regarding each piece of legislation prior to it being introduced.
Roll call vote was requested.
ROLL CALL
VOTE:
Voting AYE-Representatives Smith, Ridinger and Andersen. Voting NAY-Representatives Field, Clark, Ellsworth, Harwood, Edmunson, Kulczyk,
Nielsen, Shirley, Wills, Pasley-Stuart. Motion failed 3-10-3.
RS13704: The Chair recognized Michael Kane to explain. Mr. Kane said this
legislation would amend the Idaho criminal statute dealing with nepotism
to reflect the legislative intent contained in the Ethics in Government Act.
Under current law, it is a criminal offense to give a merit raise or
promotion to any person working for a county or city where that person
has a relative by blood or marriage to the second degree acting as a city
council person or mayor or county commissioner. This legislation makes
it clear that only spouses or dependants will have their careers frozen
during the elected official’s tenure.
MOTION: Representative Clark moved to introduce RS13704. Motion carried.
RS13705: The Chair recognized Michael Kane. Mr. Kane said this bill would shift
the duty of filing certificates of surrender from the county sheriff to the
surrendering bondsman.
MOTION: Representative Edmunson moved to introduce RS13705. Motion
carried.
RS13706: Michael Kane was again recognized to explain the proposed legislation.
Mr. Kane said this bill is designed to delete obsolete language from the
Idaho Code pertaining to the duties of the sheriff in regard to the keeping
of jails.
MOTION: Representative Andersen moved to introduce RS13706. Motion
carried.
RS13748: Chairman Field recognized Representative Pasley-Stuart to explain.
Representative Pasley-Stuart said this legislation would protect the public
by requiring licensing and insurance coverage for persons designated by
a bail agent to make arrests of criminal defendants. It amends a law that
was passed in 2003. It is an issue of public safety.
MOTION: Representative Ellsworth moved to introduce RS13748. Motion
carried.
RS13770C1: Representative Ellsworth was recognized. This is a concurrent resolution
which would make it mandatory to have testimony under oath during a
bond hearing.
MOTION: Representative Sali moved to introduce RS13770C1. Motion carried.
RS13783: Chairman Field recognized Edward Lodge to explain. This proposed
legislation would limit the civil liability of a manufacturer, distributor, seller
or retailer of food or beverages in cases in which liability is based on an
individual’s weight gain, obesity, or obesity-related health condition when
this condition results from the individual’s long-term consumption of a
food or beverage. Mr. Lodge explained that this would help prevent the
filing of frivolous law suits. At stake are not just core values of fairness,
but the ability of the consumer to make choices on what to eat or drink.
The legislation preserves the right of consumers to file legitimate claims.
MOTION: Representative Ellsworth moved to introduce RS13783. Motion
carried. Representatives Clark and Smith voted “No” on the Motion.
RS13787: Representative Smylie was recognized to explain. This proposed
legislation is based on a Nebraska statute which establishes a policy of
earned conduct reduction of sentence. Within 60 days of initial
classification, an inmate would receive a personalized program plan. The
program could include education, mental health treatment, work or any
other program deemed necessary by the board or its designee. The
Board of Corrections would set up criteria to decide which inmates would
qualify. If successfully completed, the inmate’s sentence could be
reduced by two months for each year of sentence. If 340 of the projected
715 new inmates were to qualify, the savings would be approximately
$2,121,600.
MOTION: Representative Smith moved to introduce RS13787. Motion carried.
RS13808: Representative Kulczyk was recognized to explain. Representative
Kulczyk said this is a joint resolution proposing an amendment to the
Constitution by the addition of a new Section 28. This section provides
that only marriage between one man and one woman at one time shall be
recognized as valid in the state of Idaho.
MOTION: Representative Clark moved to introduce RS13808. Motion carried.
Representatives Pasley-Stuart and Boe asked to be recorded as voting
“No” on the motion. Chairman Field said the hearing, which will be held in
the Gold Room on Thursday, February 5, would be very civil. It will be on
the definition of marriage. The Chairman warned the Committee that she
will wield a heavy gavel if necessary. Respect will be shown to all who
testify.
ADJOURN: There being no further business to come before the Committee, the
meeting was adjourned at 2:00 p.m.






DATE: January 29, 2004
TIME: 2:00 p.m.
PLACE: Room 404
MEMBERS: Chairman Clark, Representatives Wills, Edmunson, Ring and Andersen
ABSENT/

EXCUSED:

Representative Boe
GUESTS: Brett T. Delange, Deputy Attorney General; Richard Jones, Administrator,
Idaho Division of Veterans Services; Kathy Baird, Sexual Offender
Classification Board
MINUTES: Chairman Clark asked the members to review the minutes.
Representative Ring moved to accept the minutes of the meeting held on
January 27, as written. Motion carried.
RULES REVIEW:

Docket #

04-2001-0301
Office of the
Attorney
General

The Chair recognized Brett Delange to explain the pending rules and
amendment to temporary rules of the office of the Attorney General.
These rules implement the Idaho Tobacco Master Settlement Agreement
Complementary Act. They clarify the appeals process for Attorney
General determinations related to the removal or exclusion from the
directory of a brand family or nonparticipating tobacco product
manufacturer. They provide additional grounds for when a
nonparticipating tobacco product manufacturer must provide quarterly
certifications and make quarterly escrow deposits and describe the
deadlines for providing notice related to quarterly certifications and
deposits. They set forth the consequences for untimely or incomplete
certifications and escrow deposits. They provide for giving notice to
stamping agents and tobacco product manufacturers prior to removing a
brand family or manufacturer from the directory. They make it clear that
the tobacco product manufacturer bears the burden of proof to establish
that it or a brand family is entitled to be listed in the directory.
MOTION: Representative Wills moved to recommend to the full committee that the
Rules Implementing the Idaho Tobacco Master Settlement Agreement
Complementary Act, Docket #04-2001-0301, be accepted. Motion
carried.
RULES REVIEW:

Docket # 21-0101-0301
Division of
Veterans
Services

Chairman Clark recognized Richard Jones to explain the pending rule.
Mr. Jones said the rule changes certain eligibility requirements for
residency in State Veterans Homes to comply with Medicaid
requirements. It changes certain rules relating to the conduct of residents
who reside in State Veterans Homes and the penalties for such conduct,
deleting all references to “restricting” residents. It cleans up sections
related to monthly charges and changes the notification of discharge time
for nursing care residents from 15 to 30 days. The time frame on
Disposal of Assets is changed from one year to 36 months if the Home
Administrator determines that an applicant/resident has disposed of
assets preceding initial application for residency. On pages 39 and 40, all
references to “Boise” have been eliminated. All references to “restriction”
have been eliminated on pages 40 and 41.
MOTION: Representative Edmunson moved to recommend to the full committee
that Docket #21-0101-0301, Division of Veterans Services, be
accepted. Motion carried.
RULES REVIEW:
Docket #21-0104-0301, Fee
Rule, Idaho
State Veterans
Cemetery
Mr. Jones was recognized to explain. These rule changes were needed
to insure that two cremains containers would fit into one niche for
veterans who wish to be interred with a spouse and to establish the fees
for interment, disinterment and reinterment. The administrator shall
charge a fee of $300 for opening and closing an interment site for a
qualified veteran, $300 for disinterment and $300 for reinterment.
MOTION: Representative Ring moved to recommend to the full committee that
Docket #21-0104-0301, Fee Rule, Idaho State Veterans Cemetery, be
accepted. Motion carried.
RULES REVIEW:
Docket #57-0101-0401,
Temporary Rule,
Sexual Offender
Classification
Board
Chairman Clark said these rules are the ones that the Senate had
problems with and Kathy Baird was recognized to explain. Ms. Baird said
this is a new chapter. Rulemaking addresses the need for quality,
uniformity and consistency in sexual offender evaluations provided to the
courts prior to sentencing. It establishes an application system to certify
sexual offender evaluations. It provides quality assurance for evaluators
and evaluations and it adopts into rule procedures set by the Sexual
Offender Classification Board for designating high-risk sexual offenders
as violent sexual offenders. Ms. Baird said the Senate objected to the
definition of “violent.” The Senate was also concerned about the term
sexual offender and predator.



Ms. Baird walked the committee through the qualifications for certified
evaluators, which are the same as other states are requiring. Evaluators
need to have an understanding of what is involved in treatment. Section
060. provides for a central roster of certified evaluators. Section 070.
Deals with denial and revocation of certification. Sections 080. through
083. cover the hearing process. Sections 090. through 091. provide for
the Board to receive complaints and hold a hearing. In closing, Ms. Baird
said it is critical that the certification process be in place. The Board will
publish new temporary rules as soon as possible..

MOTION: Representative Wills moved to recommend to the full committee that it
concur with the Senate in rejecting Docket #57-0101-0401, Temporary
Rule of the Sexual Offender Classification Board
. Motion carried.
ADJOURN: There being no further business to come before the committee, the
meeting was adjourned at 2:50 p.m.






DATE: February 3, 2004
TIME: 1:30 p.m.
PLACE: Room 404
MEMBERS: Chairman Field(18), Vice Chairman Clark, Representatives Sali,
Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen,
Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart
ABSENT/

EXCUSED:

Representative Ridinger
GUESTS: See attached sign-in sheet
MINUTES: Chairman Field called the meeting to order and asked the members to
review the minutes. Representative Pasley-Stuart moved to accept the
minutes of the meeting held on January 29, as written. Motion carried.



Prior to addressing the agenda, Chairman Field said she, Senator
Darrington and the Governor, as well as Department of Education and
public school members, went to the prison to watch 72 inmates receive
their high school diplomas or G.E.D.’s. The oldest graduate was 64 and
the first in his entire family to graduate. It was a great experience. Not
too many family members were there, so the inmates felt recognized for
their accomplishments by the attending dignitaries.

RULES REVIEW
REPORT:
The Chair recognized Representative Clark to give the Subcommittee’s
report on the rules review.
MOTION: Representative Clark moved that the full committee act on the rules as
recommended in the attached letter. Motion carried.
UNANIMOUS
CONSENT:
Chairman Field asked for unanimous consent to transfer Representative
Rydalch’s Bill H572 on Day Care to the Health and Welfare
Committee. There being no objection, the bill was so transferred.
Also, The Chair said RS13850C1, which was drafted to replace H513,
had some problems and the sponsor requested that it be returned
and the bill held in committee. There being no objection, the bill was
held and the RS returned.
RS13784: Chairman Field recognized Monte MacConnell to explain. This legislation
will address the concerns of the Idaho Supreme Court raised in the case
of State v. Faron Lovelace decided on July 23, 2003. Specifically, it will
provide that victim impact evidence is both relevant and admissible at the
sentencing phase of a capital case. The bill also provides guidelines for
the content of that testimony.
MOTION: Representative Wills moved to introduce RS13784. Motion carried.
PRESENTATION
BY THE IDAHO
SHERIFFS:
Mr. Bill Lynn, Director of the Idaho Sheriff’s Association was recognized.
Mr. Lynn said ordinarily the sheriffs appeared before the committee to ask
for an increase in funds. That is not the case this year. Mr. Lynn gave
the members two handouts (attached) detailing the Idaho jails inmate
status and the average cost per day to house inmates in Idaho County
jails. The cost to house inmates fluctuates geographically, depending on
the number of inmates. The average cost in 2003 of $57.60 per inmate is
slightly below the national average. There are fixed costs to run the
county jails no matter how many inmates there are. The inmates are very
happy to have beds relatively close to home. There is currently a flat line
on jail population. There is a problem in that 23% of the inmate
population are female. That number is up dramatically. The sheriffs are
trying to meet the need of those females, which is difficult. In conclusion,
Mr. Lynn said we are incredibly lucky in Idaho to have so few inmates and
to be able to keep them close to their families. The sheriff’s association
values its relationship with the Idaho Board of Corrections.
H 586: Michael Kane was recognized to explain. Mr. Kane said this bill amends
the Idaho criminal law dealing with nepotism to reflect the legislative intent
contained in the Ethics in Government Act. Under current law, it would
be a criminal offense to give a merit raise or promotion to any person
working for a county or city where that person has a relative by blood or
marriage to the second degree acting as a city council person or mayor or
county commissioner. For all practical purposes, the county or city worker
is frozen in his or her career until the relative leaves office. Furthermore,
under existing law no person who is related by blood or marriage can be
hired. The Association of Counties and the Association of Cities support
this bill.
MOTION: Representative Smith moved to send H 586 with a typographical
correction adding an ‘s after the word mayor on line 12, page 2, to
the floor with a Do Pass recommendation. Motion carried.

Representative Wills will carry the bill on the floor.
H 587: The Chair recognized Mr. Kane. This bill is designed to amend Idaho
Code to shift the duty of filing certificates of surrender from the county
sheriff to the surrendering bondsman. It also clarifies that a bondsman
may only surrender a prisoner in the county where the prisoner is being
prosecuted. Mr. Kane said the word “bail” can be used both as a noun
and a verb.
CON: The Chair recognized Dave Armstrong, Bail Agent and president of the
Idaho Bail Agents Assn. Mr. Armstrong said he just became aware of this
bill. Currently there are six or more statutes passed and in effect for many
years governing bail agents. This bill would directly affect several of
these laws. If one law is changed, then all would have to be changed.
The way the bill is written, a bail bondsman would be unable to do his job.
The bill is in conflict with current criminal, as well as civil, statutes.
CON: James Garske, State Manager, Aladdin Bail Bonds, was recognized. Mr.
Garske said he opposes the legislation. The bill prevents bail bondsmen
from doing their jobs. When a defendant is released on bail and that
defendant gets into additional trouble, there is no opportunity to protect
the family members who have posted bail. The bill needs to be reworded.
Bail bondsmen would be happy to get together with the sheriffs to come
up with better wording. Family indemnifiers need to be treated fairly.
CON: John Duvall was recognized. Mr. Duvall said he has been a bail agent in
Idaho for 24 years and is currently president of the Professional Bail
Agents of Idaho. Mr. Duvall said under this law paperwork would have to
be filed on the next business day. Bail bondsmen find one day to be too
restrictive. The courts give five days for a defendant to appear. There
appears to be some ambiguity in the legislation.
CLOSING
REMARKS:
Mr. Kane was recognized to give closing remarks. Mr. Kane said the
legislation is only asking that the defendant be taken back to the original
county where the action is pending. This does not impinge on a bail
bondsman’s ability to do a job. The legislation asks that a person not be
arrested in one county if the action against him is pending in another
county. Representative Sali expressed concern about the one day limit.
Mr. Kane said this time limit is for the filing of paperwork. Fax filing is
allowable in the court.
MOTION: Representative Sali moved to hold H 587 for a time certain until
Monday, February 9.
In support of his motion, Representative Sali said
more time is needed to study the bill. Motion carried. Representative
Wills asked to be recorded as voting “No.”
H 588: Mr. Kane was recognized. Mr. Kane said this bill is designed to delete
obsolete language from the Idaho Code pertaining to duties of the sheriff
in regard to the keeping of jails. The four statutes in question were all
enacted in the nineteenth century and have no application to modern
correctional practices.
MOTION: Representative Clark moved to send H 588 to the floor with a Do Pass
recommendation. Motion carried.
Representative Smith will carry the
bill on the floor.
H 518: Director Brent Reinke was recognized. He gave each member a handout
(attached.) This legislation is an updated version of the Interstate
Compact laws Idaho currently has. Eleven states have already adopted
this new version. This legislation was developed at the national
association council for Interstate Compact for Juveniles level. The act will
become effective upon the enactment of the Compact into law by thirty-five states, or July 1, 2004, whichever is later. It amends existing code to
provide for the cooperation of this state with other states to provide for the
welfare and protection of juveniles and of the people of Idaho. If adopted,
Idaho will cooperate fully with other states in returning juveniles to other
states whenever their return is sought. If Idaho adopts the law before
other states do, it will give the state an opportunity to be part of the
national governing body. It is important that Idaho becomes a part of the
first 35 states. The Compact will control the movement of offenders,
provide for effective tracking and rehabilitation. It will protect the rights of
victims and provide for supervision and training of the juveniles.
MOTION: Representative Wills moved to send H 518 to the floor with a Do Pass
recommendation. Motion carried.
Representative Smith asked to be
recorded as voting “No.” Representative Clark will carry the bill on the
floor.
ADJOURN: Prior to adjourning, Chairman Field said the meeting on the definition of
marriage would be held on February 5 at 1:30 p.m. in the Gold Room.
Each testifier will be limited to 3 minutes, except for opening remarks.
There being no further business to come before the committee, the
meeting was adjourned at 3:30 p.m.






DATE: February 5, 2004
TIME: 1:30 p.m.
PLACE: GOLD ROOM
MEMBERS: Chairman Field(18), Vice Chairman Clark, Representatives Sali,
Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen,
Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart
ABSENT/

EXCUSED:

Replacing Vice Chairman Clark was Mike Jorgenson
GUESTS: See attached sign-in sheets
MINUTES: Chairman Field called the meeting to order and asked the members to
review the minutes. Representative Wills moved to accept the minutes of
the meeting held on January 29, as written. Motion carried.



The Chairman welcomed everyone and said the members received
hundreds of emails and phone calls about the resolution before the
committee. The purpose of the resolution is to define marriage. The
members would not be here discussing this issue if it was one of hate.
There also have been many people asking if this issue could not be put
aside and more important issues studied. The Chairman said there are
over 700 bills printed for this session of the legislature. However, this is
the most emotional issue. Civility to all is the rule.

HJR 9: Chairman Field said there were long lists of people who wanted to testify.
Therefore, except for opening remarks by one of the sponsors, the
testimony would be limited to three minutes in order that all might be
heard. The same testimony should not be repeated. If that is the case, it
would be appreciated if the testifiers would state their name and whether
they are for or against the resolution. Representative Kulczyk was
recognized to explain the legislation.



Representative Kulczyk started his remarks by thanking the Chairman
and his Co-sponsors for taking the time to work on and hear this
proposed constitutional amendment. On line 17 of the resolution a new
Section 28 has been added which defines marriage by saying one man
and one woman at one time shall be recognized as valid in this state.
This constitutional amendment will not change the policy in the state of
Idaho. This is being done in view of the overturning of the Massachusetts
law regarding marriage. In order to pass, this amendment would require a
2/3 majority vote in the House, a 2/3 majority vote in the Senate and a 2/3
majority vote by the people. The cost would be approximately $40,000 to
$45,000 if this goes into law. In closing, Representative Kulczyk quoted
President Bush as saying: “Marriage is a sacred institution between a
man and a woman. If activist judges insist on re-defining marriage by
court order, the only alternative will be the constitutional process. We
must do what is legally necessary to defend the sanctity of marriage.”

CON: John Hummel was recognized to testify. Mr. Hummel said he is an Idaho
native and a licensed attorney who has practiced law in the state of Idaho
since 1986. He is also a gay man. He opposes passing the resolution for
many reasons. We are debating this discriminatory legislation when there
are many other important issues confronting this state. The resolution is
redundant since the Legislature enacted legislation covering this issue
several years ago. The mere act of presenting this amendment to the
electorate for consideration in a costly election will stir up prejudice and
create division among Idahoans. The cost of placing this issue on the
ballot will be $40,000 to $50,000. Mr. Hummel said he would rather see
this money spent on education. Also, five years ago his partner of nine
years died suddenly. At the hospital, Mr. Hummel used his medical power
of attorney to make decisions about his care. He had written a will that
left his property to Mr. Hummel, and Mr. Hummel probated that will in Ada
County and received his property. If this resolution passes, those
decisions might be challenged by a court. This amends the highest law in
this state and should be changed only when absolutely necessary and
when the public is presented with compelling reasons for doing so.
PRO: Allen Gorin was recognized. Mr. Gorin said he represents the Idaho
Chapter of Jewish Coalition. The concept of marriage came from the
Jews. Adding this amendment is necessary to protect that concept.
CON: Bishop Harry Bainbridge, Episcopal Diocese of Idaho, was recognized.
The Bishop said all of us are interested and concerned that we have a
healthy society and strong family values. This bill under consideration
does not promote this goal. It says that liberty and justice are not for all,
but just for the majority of the population. It will divide our community.
PRO: Julie Lynde was recognized. Ms. Lynde said she represents Cornerstone
which fully supports the resolution.
CON: Don and Susan Curtis of Boise were recognized. They have been
married for 37 years. This current legislation is not aimed at solving any
problem. It makes a scapegoat out of gays and lesbians. No gain will be
had by passing this legislation. The gay and lesbian population are not
enemies, but are part of the human family. Please do not pass this
legislation.
PRO: Darci Gromolski was recognized. Mrs. Gromolski said she is a housewife
and mother and she supports the resolution.
CON: Robert McDiarmid was recognized to testify. Mr. McDiarmid said he is a
board member of Your Family Friends and Neighbors, and a gay citizen of
Idaho. This proposed amendment to the constitution would bar marriage
between gay people. This proposal bashes gay people in Idaho. This bill
is really about hate. The Chairman corrected Mr. McDiarmid by saying
hate is not the issue here. Mr. McDiarmid said he respectfully disagreed.
He concluded his remarks by saying he and his partner love Idaho and
lead a quiet life. They are not a threat to the state.
PRO: Brian Gromolski was recognized. Mr. Gromolski said he is a father of
three and has been married for ten years. He supports the legislation.
Marriage is a sacred institution between one man and one woman.
CON: Agnes Burkholder was recognized to testify. Mrs. Burkholder said she
has been married for 61 years. She asked the members to table this
resolution. She doesn’t feel that it will help the families at all.
CON: Paul Rolig was recognized. Mr. Rolid said he opposes this bill because
he doesn’t believe that all marriages have to be exactly the same. It is his
family’s belief that legalizing same-sex marriage in no way threatens his
marriage or anyone else’s. His wife and he believe the most important
purpose of government is to secure people’s rights to life, liberty, and the
pursuit of happiness. This proposed amendment secures no one’s life, no
one’s liberty and no one’s happiness.
PRO: David Snyder was recognized. The question is not whether we are going
to have an amendment. It is whether morality can be legislated.
Government established marriage between a man and woman. God
legislates morality. This legislation would secure a building block on
what marriage is all about.
CON: Marty Durand was recognized. Ms. Durand said the ACLU of Idaho
strongly objects to the proposed anti-gay constitutional amendment. This
amendment seeks to deprive loving lesbian and gay couples in this state
of any mechanism for ensuring that the law recognizes their emotional
and financial commitment to one another. The proposed amendment is
fundamentally unfair and, moreover, constitutionally deficient. If the state
legislature were to approve this amendment, it would do so with the intent
of fencing lesbian and gay couples out of any form of civil equality. Such
action would violate the constitutional guarantee of equal protection of the
laws.
PRO: Jean Luze Revaul stood in support of the resolution.
CON: Mary Knodell of the Unitarian Universalist Church of Boise was
recognized. Ms. Knodell said legislation should honor the worth and
dignity of each human being. Please vote against this resolution.
PRO: Gloria Pfost was recognized. Ms. Pfost said she supports this resolution.
She believes it would be good to give a message to the rest of the country
that Idaho stands for marriages between men and women. Man was
created to be able to reproduce with a woman. The citizens of Idaho
stand with our legislators.
CON: Tina Alexanderson was recognized. Ms. Alexanderson said she is
opposed to this legislation. She reveres the constitution. This legislation
hurts her and her family. They cannot enjoy the benefits enjoyed by
heterosexual couples. She said she didn’t choose homosexuality and
asked the members not to sanction discrimination.
CON: Reverend Susan Watterson, First Congregational Church of Boise, was
recognized. Pastor Watterson said she is in opposition to the passage
of the resolution for many reasons, but chiefly because of her Christian
convictions. The United Church traces its roots back to the Reformers,
Martin Luther, John Calvin and other courageous and visionary men and
women of faith who worked for justice for all God’s people. She said we
are many members, but are all one body in Christ. We all have different
gifts. We are called to love our neighbor as ourselves. We believe that
lesbian, gay and bisexual people share with all others the worth that
comes from being unique individuals.
CON: James Mandell was recognized. Mr. Mandel said he has been married for
22 years and has three children. He teaches the children love and
kindness and honesty. If one of his children turns out to be gay, he will
love that child just as much. We should spend more time helping and
loving others.
CON: Reverend Betty Luginbill was recognized to testify. She said sometimes
in our efforts to fix something we don’t like, we open a can of worms that
is far worse than what we wanted to fix. Certain basis human rights and
civil liberties are due all persons, including homosexual persons. There is
an issue of simple justice in protecting their rightful claims where they
have shared material resources, pensions, guardian relationship. Mutual
powers of attorney and other lawful claims attendant to contractual
relationships.
CON: Lee Flinn, Idaho Women’s Network, was recognized. The network
opposes HJR 9. The legislation is divisive and discriminatory. Please
protect the quality of life for all citizens of Idaho.
CON: Marilyn Stein was recognized. She prefaced her speech by saying much
of what the committee is here today to decide is already in Idaho Statute.
She works for an ammunition company which allows her to take
advantage of most of the medical, dental and vision insurance benefits for
herself and her same-sex partner, Karen Ross. She and her partner have
documentation attesting to their committed union in wills, durable powers
of attorney, notarization of our union for proof for her company.
However, she is taxed on the insurance money for her partner. Also,
under today’s marriage rules, her partner would get nothing from Social
Security. This is about the state of Idaho being fair and doing right.
CON: Karen Ross was recognized. Ms. Ross said she is a direct descendant of
Betsy Ross of American Flag/Daughters of the American Revolution
fame. She was raised in a Fundamentalist family. She met her soulmate
and the two have committed themselves to each other. We are not a
threat to society.
PRO: Fred Riggers was recognized to give his testimony. Mr. Riggers said he
has been married to the same woman for 40 years. He has a lot of
children and grandchildren. He puts his trust in the legislature. He
believes the legislature will do the right thing.
CON: Leslie Goddard, director of the Idaho Human Rights Commission, spoke
in opposition to the resolution. Idaho already has a statute holding that
same-sex marriages violate the public policy of this state and are not
recognized here. This law was passed in 1996. There is currently a
division of opinion as to whether it is a good or a bad law. There is no
need to rush into an amendment of the Idaho Constitution because of
what happened in Massachusetts. Give the courts a chance to look at
Idaho’s law and let us know if we have a problem. Let’s give the very
important issues about marriage time for considered judgment by the
people of Idaho and the court system. Do not carve out certain people
from our Constitution and deny them the right to equal treatment under
the law.
CON: Brian Anthony was recognized. Mr. Anthony said he cannot enjoy the
benefits of marriage. The world is divided into two camps – those who
have rights and those who do not. The sponsors of this bill don’t
understand equal protection for all. He and his partner are proud Idaho
natives and deserve better.
CON: Nicole LeFavour was recognized. Ms. LeFavour pointed to a lack of merit
of this constitutional amendment. The majority of the people in this room
oppose this bill. Ms. LeFavour asked the members to vote their
conscience.
CON: Alex Neiwirt was recognized. Mr. Neiwirt is a fourth generation Idahoan.
This is a constitutional amendment which would alter the Idaho
Constitution. He urged the representatives to stand against its passage.
CON: Rev. Elizabeth Beck, pastor of the First Presbyterian Church of Emmett,
was recognized. Rev. Beck stood in opposition to the resolution. It seeks
to radically change the Constitution which was written to protect the rights
of all citizens of this state. The proposed legislation seeks to deny the
rights of non-heterosexuals to enter into committed relationships that are
the equivalent of marriage. Most people of faith are strongly in favor of
granting civil rights to every citizen of Idaho, regardless of sexual
orientation. She asked the Committee to take a positive stand for all the
people of Idaho and vote against this mean-spirited legislation.
CON: Sara Kelly was recognized. Ms. Kelly said she and her partner are raising
a beautiful son, Nicholas. She wants her son to be raised in a loving,
accepting community.
CON: Heather Scott was recognized. Ms. Scott said this resolution shows
discrimination. This will not protect the children. Children will learn that
only a relationship between a man and woman is recognized as a family.
She asked the Committee to consider whether the Committee needs to
pass the bill and, if so, why.
CON: Warren Bean was recognized. Mr. Bean asked the Committee to table
this resolution. This is a national issue. Study what the consequences
would be if it is passed. Society is moving to be more gracious.
PRO: David Snyder was recognized. He said the institution of marriage is an
ancient one. Because of the times, it has been necessary to redefine
marriage. Homosexual couples cannot have biological children. It is
essential that we define marriage and the state should make laws on
moral issues.
PRO: Jared Hawk was recognized. Mr. Hawk said this issue is not about
money. Relationships between homosexuals are real. If they adopt, the
genes don’t determine the degree of love that a child will receive.
However, our society has shown that children are raised best by having a
mother and a father. Therefore, Mr. Hawk said he supports the
resolution.
CON: Sean Kelly was recognized. Mr. Kelly said he is a teacher. We try to
promote tolerance in our school. What kind of message will this
resolution send to our young people. Many children grow up with only
one parent and they don’t do very well. Children need two parents,
regardless of their sexual orientation.
PRO: House Republican Leader Lawerence Denney was recognized to give
closing remarks. Representative Denney said this is a moral issue and it
is necessary to establish boundaries. If everyone is allowed to do what
they want, we will have chaos. Tolerance is considered to be one of the
highest values of modern society. You cannot make people moral
through legislation. However, we can and we must legislate moral laws.
The family is the cornerstone of our society. When the family collapses, it
is the children who are damaged. On a massive scale, the community
crumbles. In closing, Representative Denney reiterated that we must
establish boundaries and this is one of those boundaries.
MOTION: Representative Sali moved to send HJR 9 to the floor without
recommendation.
SUBSTITUTE
MOTION:
Representative Pasley-Stuart moved to hold HJR 9 in Committee.
AMENDED
SUBSTITUTE
MOTION:
Representative Nielsen moved to send HJR to the floor with a Do Pass
recommendation.
During a discussion on the motion, Representative
Boe said she was opposed to the legislation. It is unnecessary and
divisive. It is irresponsible to try to change our Constitution.
Representative Shirley said he respects the right of people to make their
choices. Most choice in this country is made under the umbrella of law.
He said he has the obligation to preserve those parts of our culture and
past that are most beneficial to the whole community. He supports the
amendment. Representative Ring said he had some heartburn with the
bill. He felt it was mean-spirited and overkill. Therefore, he stands in
opposition to its passage. Representative Pasley-Stuart said she was
opposed to the motion. We currently have laws in place and it violates
the 14th amendment. It is unnecessary and unwise. Representative Sali
said it would be irresponsible not to send this to the floor. The public
policy of this state should not be established by the court system.
Representative Smith spoke in opposition to sending the resolution to the
floor. Representative Andersen said this should go to the people of the
state in order for them to vote their conscience. A roll call vote was
requested.
ROLL CALL
VOTE:
Voting Aye – Representatives Field, Sali, Ellsworth, Harwood, Edmunson,
Kulczyk, Nielsen, Shirley, Wills and Jorgenson, substituting for Clark.
Voting Nay – Representatives Smith, Ridinger, Ring, Boe, Andersen and
Pasley Stuart. 10-6-0. Motion carried.
ADJOURN: Chairman Field thanked all those who attended the meeting. There being
no further business to come before the Committee, the meeting was
adjourned at 4:35 p.m.






DATE: February 9, 2004
TIME: 1:30 p.m.
PLACE: Room 404
MEMBERS: Chairman Field(18), Vice Chairman Clark, Representatives Sali,
Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen,
Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart
ABSENT/

EXCUSED:

None
GUESTS: See attached sign-in sheet
MINUTES: Chairman Field called the meeting to order and asked the members to
review the minutes. Representative Wills moved to accept the minutes of
the meeting held on February 5, as written. Motion carried.
RS13859: The Chairman recognized Representative Sali to explain the proposed
legislation. This legislation requires independent medical examinations to
be performed by qualified, independent, impartial and unbiased providers.
The examination shall be performed by a physician or surgeon in good
standing who is licensed in Idaho. If there is not a qualified provider in
Idaho, someone from out state could be utilized. The party being
examined shall have a right to a copy of any examination report.
MOTION: Representative Shirley moved to introduce RS13859. Motion carried.
RS13901: The Chairman recognized Representative Wills. This bill amends Section
1-703, Idaho Code, which creates the office of administrative judge of a
judicial district to provide that the administrative judge shall serve a period
of time established by rule of the Idaho Supreme Court. This amendment
would authorize the Supreme Court to designate the period of time an
elected or appointed administrative judge serves, thereby helping to
assure a greater depth of experience and continuity of leadership.
MOTION: Representative Ellsworth moved to introduce RS13901. Motion
carried
.
RS13903: Representative Smith was recognized to explain. Representative Smith
said this bill adds a new section to Chapter 2, Title 5, Idaho Code, relating
to statutory time limitations for filing legal actions to postpone the last day
for commencing an action or filing a document if the last day falls on a day
on which the office of the district court clerk is closed due to extreme
weather conditions or an emergency or threatened emergency.
Representative Smith said this is a good bill and should be introduced.
MOTION: Representative Sali moved to introduce RS13903. Motion carried.
RS13960: Representative Shirley was recognized to explain. This proposed
legislation comes from the Supreme Court. It adds a new Section 32-1406 to the Idaho Code, to authorize the Idaho Supreme Court to
establish a statewide uniform cost recovery fee schedule to assist
counties with the cost of providing court generated legal forms and written
materials, training, and other services provided in connection with court
assistance offices and coordinated family services. The bill will assist
counties in recovering some of their costs. The fees established by the
Supreme Court will be reasonably related to and will not exceed the
actual costs involved.
MOTION: Representative Sali moved to introduce RS13960. Motion carried.
RS13818C1: Representative Harwood was recognized. This proposed amendment
would simply add Head Start, preschools, day care centers, family day
care homes, or group day care facilities to the fixed minimum sentence in
drug cases occurring within 1000 feet of public or private primary or
secondary schools.
MOTION: Representative Clark moved to introduce RS13818C1. Motion carried.
H 587: The Chairman recognized Michael Kane, representing the Idaho Sheriff’s
Association. This bill was held over for a time certain in order that the bail
bond people could be consulted and their problems with the language
resolved. This bill shifts the duty of filing certificates of surrender from the
county sheriff to the surrendering bondsman. Mr. Kane suggested that
the bill be sent to General Orders, deleting the proposed subsection 3.
The other amendment on subsection 2 would remain in the legislation.
MOTION: Representative Clark moved to send H 587 to General Orders with
Committee amendments attached, deleting subsection 3. Motion
carried.
Representative Clark will carry the bill on the floor.
H 519: Major Ralph Powell was recognized to testify. Major Powell said this bill
seeks restitution for the analysis of controlled substances for conviction
on misdemeanor drug offenses, as well as felony drug offenses. The
laboratory performing the analysis incurs the same expense regardless of
whether the evidence results in a felony or misdemeanor conviction. This
legislation could generate up to $50,000 annually for the Idaho State
Police. These funds will be used to pay for a portion of the cost of
analysis.
MOTION: Representative Wills moved to send H 519 to the floor with a Do Pass
recommendation.
Motion carried. Representative Edmunson will carry
the bill on the floor.
H 520: Director Dan Charboneau was recognized. The Director said this
proposed amendment adds a definition of “DNA analysis,” provides for the
additiona of two new classes of offenders: felony burglary and felony
domestic violence; and provides that persons subject to section 19-5506
may be ordered by the court to pay restitution to help offset costs incurred
by law enforcement agencies for the expense of DNA analysis. Burglars
are known to have a high correlation with rape. Domestic assaults
likewise are violent crimes often leading to rape or homicide. Inclusion of
these crime categories in the DNA database will increase law
enforcement’s ability to identify and more quickly bring to justice the
perpetrators of violent crimes.
CON: Marty Durand, ACLU, was recognized. Ms. Durand said the ACLU urges
the Committee to put an end to the progressive expansion of DNA
collection. DNA collected not only reveals personal information, but it
also reveals personal information about that person’s blood relatives.
There are grave concerns for personal privacy. There is a tremendous
potential for abuse. This bill has cast too wide of a net. Please hold it in
Committee.
PRO: Major Powell was recognized. Major Powell said the intent of the bill is to
allow restitution of expenses related to DNA analysis. Burglary is always
a felony. Other thefts are considered petty larceny or petty theft.
CON: Dennis Benjamin was recognized. Mr. Benjamin said this proposed
legislation still needs some drafting work. He suggested that on page 2,
subsection (g), the words “except in those cases where the defendant
planned a petty theft;” be added.
PRO: Chief of Police Don Pierce was recognized. This piece of legislation
should be viewed as a proactive move to protect citizens. This is not
retroactive. It is directed to help protect future victims of rape or murder. It
allows law enforcement to have a very effective tool to identify a rape
suspect. This is a fundamental crime prevention bill.
PRO: Detective Morgan was recognized. The Detective said in the past a
suspect raped at least five women. He had been convicted of a previous
burglary. If this law had been enacted, those rapes might possibly have
been prevented. DNA is a genetic fingerprint. Please consider this bill as
an additional tool to help prevent violent crimes.
PRO: Michael Kane was recognized. Mr. Kane said this is a good law
enforcement tool. The burglary here is not a crime of petty theft. This will
help stop felons from entering a house unlawfully. Burglary is also the
entering of a house with the intent to commit other kinds of crimes. The
DNA test itself takes about ten seconds and is non-invasive.
PRO: Heather Reilly, Chairman of the Law Enforcement Legislative Council,
was recognized. Ms. Reilly said this is a community protection issue.
The LELC voted unanimously to support this legislation.
MOTION: Representative Nielsen moved to send H 520 to the floor with a Do
Pass recommendation.
SUBSTITUTE
MOTION:
Representative Sali moved to send H 520 to General Orders with
Committee amendments attached, those amendments being on page
2, after the end of subsection (g), the words “,except in those cases
where the defendant planned a petty theft;” be added.
In opposition
to the Substitute Motion, Representative Wills said this language is very
clear on what burglary is. This will help prevent serious crimes from
happening. It is a necessary tool. Representative Boe voiced concern
about the expansion of information and the possibility of misuse.
Representative Kulczyk spoke in support of the Substitute Motion.
AMENDED
SUBSTITUTE
MOTION:
Representative Ridinger moved to send H 520 to General Orders with
Committee Amendments attached, which would be to delete lines 40
and 41 on page 3. Division was called for. Motion failed.
SUBSTITUTE
MOTION:
The Substitute Motion was to send H520 to General Orders with
Committee amendments attached as stated previously. Division was
called for. Motion failed
.
ORIGINAL
MOTION:
The Original Motion was to send H 520 to the floor with a Do Pass
recommendation. Motion carried.
ADJOURN: Prior to adjourning, Chairman Field said the Committee will meet again on
Wednesday, February 11. Another controversial bill will be on the agenda
at that time. There being no further business to come before the
Committee, the meeting was adjourned at 3:35 p.m.






DATE: February 11, 2004
TIME: 1:30 p.m.
PLACE: Room 404
MEMBERS: Chairman Field(18), Vice Chairman Clark, Representatives Sali,
Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen,
Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart
ABSENT/

EXCUSED:

None
GUESTS: See attached sign-in sheet
MINUTES: Chairman Field called the meeting to order and asked the members to
review the minutes. Representative Wills moved to accept the minutes of
the meeting held on February 9, as written, with a spelling error corrected
which the secretary was aware of. Motion carried.
RS13900: The Chairman recognized Representative Eskridge to explain the
proposed legislation. This legislation was drafted at the request of the
Boundary County Commissioners. The purpose of the legislation is to
expand application of Idaho Code relating to vicious dogs and to allow for
the destruction of vicious dogs on a first violation if the court deems it
necessary.
MOTION: Representative Clark moved to introduce RS13900. Motion carried.
RS13549: The Chairman recognized Representative Harwood to explain. This
legislation creates a private right of action for persons injured by false
testimony, presentation of false scientific principles and filing of
documents which include false or misleading information. Liability can be
established only when the person knew or should have known the
information was false or when the person intended the information to be
misleading.
MOTION: Representative Ellsworth moved to introduce RS13549. Motion
carried.
RS14049 (repl. H
573)
The Chairman said this proposed legislation replaces H 573 and Heather
Reilly was recognized to explain. The courts made some comments on
the bill and, in order to satisfy those comments, this new proposed
legislation was drafted. This is basically the same bill. On the bottom of
page 2, “maliciously” has been added. Also, on page 2, the word “or” has
been added after each subsection. On page 3, family or household
member has been redefined. Ms. Reilly said this is a cleaner piece of
legislation.
MOTION: Representative Sali moved to introduce RS14049. Motion carried.
RS13865: Representative Nielsen was recognized to explain. This proposed
amendment permits the trustee of an estate to publish a Notice to
Creditors, in exactly the same manner as the personal representative of a
probate estate, and provides that creditor claims that are not presented
within the specified time after publication of the notice are permanently
barred. The procedure for publishing notice, time for making of claims,
and barring of claims not presented within the statutory period are all
identical to the procedures for probate estates provided by the Uniform
Probate Code.
MOTION: Representative Kulczyk moved to introduce RS13865. In support of his
motion, Representative Kulczyk said this bill will help resolve trust estates
in a more timely manner. Motion carried.
RS13923: The Chairman recognized Representative Jaquet to explain. This
legislation amends Chapter 33, Title 18, Idaho Code, relating to threats of
violence on school grounds. A new section, 18-3302H, has been added
which provides that any person who willfully threatens to commit an act of
violence on school grounds by use of a firearm, explosive, or deadly or
dangerous weapon is guilty of a misdemeanor.
RS14044: Representative Boe was recognized. This resolution would direct the
Legislative Council to appoint a task force to study and evaluate criminal
sentencing and parole practices in Idaho and to make recommendations.
Over 25 states have done similar studies and realized substantial savings
in correction costs. Representative Boe gave each member a hand-out
on the top ten offenses resulting in minimum prison sentences of 5 years
or more in Idaho (attachment.) Potentially, sentences could be reduced
by changing Idaho statutes that mandate minimum sentences, codifying
sentencing guidelines to create more uniformity with an oversight body, or
by providing incentives in prison with “good time” for prosocial behaviors
instilled with rehabilitation services. The table shows the total savings
that could be generated if the time spent in prison by inmates were
reduced by six months. The offenses listed have been characterized as
non-violent.
MOTION: Representative Ellsworth moved to introduce RS14044. Motion
carried.
HCR 38: Representative Ellsworth was recognized to testify. This legislation
provides for a joint rule that would make it mandatory to have testimony
under oath during a bond hearing. The resolution is a result of
conversations and discussions with individuals who want to raise the bar.
By statute, the state already has this option. The only difference is that
this legislation would make it mandatory. The Chairman questioned who
would administer the oath. Representative Ellsworth said the chairman or
a person authorized by law to administer oaths.
MOTION: Representative Sali moved to send HCR to the floor with a Do Pass
recommendation.
In support of his motion, Representative Sali said
telling the truth is very important. Representative Clark spoke in
opposition to the motion. Motion carried. Representative Nielsen asked
to be recorded as voting “No” on the motion.
H 590 The last item on the agenda was H 590 and the Chairman recognized Ed
Lodge to explain. Mr. Lodge said he represents the Idaho Lodging and
Restaurant Association. The Idaho Food Industry needs help today and
respectfully asks the committee to support this bill. This legislation
protects all those in the chain of commerce. The legislation defines “food”
in accordance with the Federal Food, Drug and Cosmetic Act. It provides
protection from civil liability for any claim arising out of weight gain,
obesity, health conditions associated with weight gain or obesity, or
generally known obesity related conditions caused by long-term
consumption of food. The legislation sets out specific pleading
requirements that a plaintiff must meet before a lawsuit can move forward.
Mr. Lodge asked that the bill be sent to general orders with committee
amendments attached which would add the words “obesity-related” to the
language of the bill. Mr. Lodge said this bill will help prevent frivolous law
suits.
MOTION: Representative Sali moved to send H 590 to General Orders with the
following committee amendments attached:
on page 1 of the printed
bill, in line 22, following “known” insert: “obesity-related”; in line 28,
following “known” insert: “obesity-related”; on page 2, in line 7,
following “known” insert: “obesity-related”; and in line 8, delete “a
condition” and insert: “an obesity-related condition.”
In opposition to
the motion, Representative Smith questioned if the legislature is going to
start passing special legislation for a special interest group, where then
does it stop. This bill is talking about frivolous lawsuits. Representative
Clark spoke in opposition saying it is amazing that the legislature is going
to try to regulate a Commonsense Consumption Act. It will be passing a
law about somebody being obese. Representative Sali remarked that it
does seem a little odd to legislate this, but there will be lawsuits. This is
unfortunately a necessary bill to protect the Idaho Food Industry. Roll call
vote was requested.
ROLL CALL
VOTE:
Voting AYE – Representatives Field, Sali, Ellsworth, Ridinger, Harwood,
Edmunson, Kulczyk, Nielsen, Ring, Shirley and Wills. Voting NAY –
Representatives Clark, Smith, Boe, Andersen, Pasley-Stuart. 11-5-0.
Motion carried.
ADJOURN: Chairman Field said this is our last day to hear proposed legislation in this
committee. It is also the last meeting for our page, Kara Harmon. The
committee will not meet on Friday. There being no further business to
come before the committee, the meeting was adjourned at 2:40 p.m.






DATE: February 17, 2004
TIME: 2:20 p.m.
PLACE: Room 404
MEMBERS: Chairman Field(18), Vice Chairman Clark, Representatives Sali,
Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen,
Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart
ABSENT/

EXCUSED:

None
GUESTS: See attached sign-in sheet.
MINUTES: Chairman Field called the meeting to order, apologized to the guests for
starting late, and asked the members to review the minutes.
Representative Kulczyk moved to approve the minutes of the meeting
held on February 11, with two corrections on page 2 which he had spoken
to the secretary about. Motion carried.
H 643: Chairman Field recognized Representative Smith to explain the bill. The
statute of limitations is something attorneys live in fear of. This bill tolls
the statute of limitations. It adds a new section to the Code which allows
the postponement of the last day for commencing an action or filing a
document if the last day falls on a day on which the office of the district
court clerk is closed due to extreme weather conditions or an emergency
or threatened emergency.
MOTION: Representative Clark moved to send H 643 to the floor with a Do Pass
recommendation. Motion carried.
Representative Smith will carry the
bill on the floor.
H 571: Representative Ring was recognized to explain the bill. This bill relates to
the Drug Courts which have become the most successful treatment
programs in the state with the lowest recidivism. This proposal is
intended to close a loophole in the law which allowed a participant to get
out of paying any costs if he dropped out of the program or was
dismissed. This bill is intended to ensure that all participants are
accountable for the costs and fees that were incurred during their
participation in the program.
MOTION: Representative Boe moved to send H 571 to the floor with a Do Pass
recommendation. Motion carried.
Representative Ring will carry the
bill on the floor.
H 609: Monte MacConnell was recognized to explain. Mr. MacConnell said this
legislation will provide that victim impact evidence is both relevant and
admissible at the sentencing phase of a capital case. The bill also
provides guidelines for the content of that testimony.
PRO: Kathy Figueredo was recognized. Ms. Figueredo said her daughter was
murdered. The daughter had been a vital part of the family and of
Mountain Home. It is essential for victim’s families to have a voice. This
legislation will give our citizens a voice in order to speak for those who are
murdered.
PRO: Jessica Terry was recognized. Jessica’s sister was murdered. She was
before the Committee to speak on behalf of her sister. This legislation
would allow victim impact information which is very important in these
cases.
PRO: Darlene Shaw was recognized. Ms. Shaw said she was here today to ask
the committee to vote for this bill so that family members will have a voice
to provide an impact on the trial. Her daughter was a victim at 13 years of
age.
MOTION: After a discussion on the importance of getting the bill into law,
Representative Wills moved to send H 609 to General Orders with an
emergency clause added. Motion carried.
Representative Wills will
carry the bill on the floor.
H 642: Representative Wills was recognized. This bill simply says the Supreme
Court will have the discretion to set the period of time that an
administrative judge will serve. This will assure a greater depth of
experience and continuity of leadership in carrying out Supreme Court
policies and the duties of their office.
MOTION: Representative Clark moved to send H 642 to the floor with a Do Pass
recommendation. Motion carried.
Representative Wills will carry the
bill on the floor.
H 644: Representative Shirley was recognized. This bill will assist counties in
recovering some of their cost of providing court generated legal forms and
written materials, training covering the application and use of these
documents, and other services provided in connection with court
assistance offices and coordinated family services. Representative
Shirley gave each member an Executive Summary (attached.) The fees
established by the Supreme Court will be reasonably related to and will
not exceed the actual costs involved in furnishing the forms or providing
the other services.
MOTION: Representative Clark moved to send H 644 to the floor with a Do Pass
recommendation. Motion carried.
Representative Shirley will carry the
bill on the floor.
H 668: Heather Reilly was recognized to explain the legislation. Ms. Reilly said
she was presenting the bill at the request of Representative Field. This
legislation repeals Section 18-7905, Idaho Code, relating to stalking, and
adds a new section 18-7905 to provide for the crime of stalking in the first
degree and to define terms and set forth punishment. Chapter 79, Title
18, Idaho Code, is amended by the addition of a new section, 18-7906, to
provide for stalking in the second degree, to define terms and to set forth
punishment. Section 19-603 is amended to provide a code reference and
descriptive language.
PRO: Kathy Peterson was recognized to give her testimony. Ms. Peterson said
she is a victim of stalking. A former fiancé threatened her life. He conned
her out of around forty thousand dollars and carved on his belt that she
would die when she broke up with him. The judges in misdemeanor court
did not seem to take the matter very seriously. She had a civil restraining
order which he violated. He also violated a no contact order. He has
been in and out of mental hospitals. He has also made threats to others.
In conclusion Ms. Peterson asked that the law be changed by passing this
bill. It is necessary to tell the perpetrators that this type of stalking is a
serious crime. It needs to be a felony.
PRO: Heather Reilly was recognized to respond to questions asked by the
committee. She confirmed that the language on page 2, lines 12 and 13
would require proof of some kind of intent to use the deadly weapon or
instrument, a brandishing or some other similar serious act, in order to be
an aggravating circumstance sufficient to elevate a second degree
stalking charge to stalking in the first degree. Ms. Reilly also confirmed
that the less serious crimes included in Chapters 9, 15 and 61 of Title 18
would not be sufficient to elevate a second degree stalking charge to
stalking in the first degree.
MOTION: Representative Sali moved to send H 668 to the floor with a Do Pass
recommendation. Motion carried.
Representative Field will carry the
bill on the floor.
ADJOURN: Prior to adjourning, Chairman Field said the time has been reached when
the committee must move along on the bills. We will try to hear the
remainder of the bills in the committee by the end of February. There will
be a meeting on Friday, February 27, immediately upon adjournment.
There being no further business to come before the committee, the
meeting was adjourned at 3:45 p.m.






DATE: February 19, 2004
TIME: 1:30 p.m.
PLACE: Room 404
MEMBERS: Chairman Field(18), Vice Chairman Clark, Representatives Sali,
Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen,
Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart
ABSENT/

EXCUSED:

None
GUESTS: See attached sign-in sheet
MINUTES: Chairman Field called the meeting to order and asked the members to
review the minutes. Representative Ridinger moved to accept the
minutes of the meeting held on February 17, as written. Motion carried.
H 609: Chairman Field said an amendment to the bill adding an emergency
clause has already been drafted. However a suggestion had been made
to change the word “evidence” wherever it appears in the bill to
“information.” If there is no objection from the members, that change
would also be reflected in the amendments. There being no objection,
the word “evidence” was changed to “information.”
H 589: Representative Pasley-Stuart was recognized to explain. This legislation
amends a section of the code relating to the licensed bail agent
empowering persons to arrest a defendant for surrender. The bill would
protect the public by requiring that persons designated by a bail agent to
make arrests of criminal defendants be licensed and insured. An
amendment was drafted for the bill which would require that the person be
at least twenty-one years of age or older and not convicted of a felony.
MOTION: Representative Clark moved to send H 589 to General Orders with
Committee amendments attached.
Those amendments would be: on
page 1, line 12, delete “other person licensed as a bail agent”; and delete
line 13, and insert: “other person not convicted of a felony and at least
twenty-one (21) years of age or older.” Motion carried. Representative
Pasley-Stuart will carry the bill on the floor.
H 640: Representative Sali was recognized to explain. This legislation deals with
independent medical examinations. It will make sure that these
examinations are performed by an unbiased physician. Amendments to
the language have been drafted to remove “in the best interests of”. The
bill is really designed to get rid of some doctors who already have an
opinion on a case. Sometimes those who are hired act as hit men. This
happens very rarely, but it does happen. The amendments also add an
emergency clause. Again, generally when an independent medical
examination is ordered, the person doing the exam is unbiased.
However, on those few occasions when that is not the case, this bill would
prevent this from happening.
CON: Allyn Dingel, representing State Farm Insurance Companies, was
recognized. Mr. Dingel said he would also testify in behalf of Mr. Phil
Barber who represents the American Insurance Association. With all due
respect, Representative Sali inferred that hit men were hired. That was a
defamatory statement. Saying that the doctor must be qualified, impartial
and unbiased is a direct attack on the medical association. Current law
provides that the other side in these cases may be present during the
examination. Some plaintiffs don’t like the opinion the doctor has given.
This is why we have courts. It is the law already that a doctor be
qualified. The law also requires that the other side be given a copy of the
results of the examination. There are plaintiffs in Spokane, Wallace and
Twin Falls, Idaho. These people will go to doctors in their town, or
perhaps they will go to doctors who practice in Spokane and Salt Lake
City. Almost the same legislation was brought before the Legislature last
year. This is bad legislation and somewhat mean-spirited.
PRO: Marcee and Deb Monahan, daughter and mother, were recognized to give
their testimony. Marcee was hit by a school bus when she was 14 years
of age. An independent medical exam said that her injury was to soft
tissue, which should heal within 120 days. Marcee is now 21 years of age
and still suffers from the injury. Deb Monahan, the mother, said that five
or six years later, opposing council said the accident was the child’s fault.
The case went to trial. Marcee should never have been put through that.
The jury decided on behalf of Marcee.
REBUTTAL: Representative Sali was recognized. He said he stated earlier that most
of the time hit men are not normally the case. He cited a person injury
claim he represented where he felt the doctor was biased. The judge said
the defense can choose whomever they want. This bill would remedy that
problem. Also, permission can be obtained from a court to go to an out-of-town doctor for the independent medical examination. This bill would
not be used often, but would only get rid of the most extreme cases of
bias. This is a much narrower bill than was presented last year.



Representative Smith said he was sympathetic with what Representative
Sali is trying to do. However, this bill is not a good approach to the
existing problem. Either side should be able to say they do not want to
use a particular doctor. Representative Harwood said he gave the idea to
Representative Sali because of his experience a few years ago when he
suffered from lead poisoning and was examined by a specialist who
represented Workers’ Compensation and was biased. That doctor said
there was nothing wrong. Later, it was discovered that the specialist was
a gynecologist.

MOTION: Representative Harwood moved to send H 640 to the floor with a Do
Pass recommendation.
SUBSTITUTE
MOTION:
Representative Sali moved to send H 640 to General Orders with
Committee amendments attached deleting on line 14 “in the best
interests of” and inserting “upon” and adding an emergency clause.
AMENDED
SUBSTITUTE
MOTION:
Representative Ring expressed concern over the language being too
vague and moved to hold H 640 in Committee. Roll call vote was
called for.
ROLL CALL
VOTE:
Voting AYE-Representatives Field, Clark, Smith, Ridinger,
Edmunson, Nielsen, Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart. Voting NAY-Representatives Sali, Harwood, Kulczyk. 12-3-1.
Motion carried.
H 640 will be held in Committee.
H 641: Representative Harwood was recognized to explain. Representative
Harwood said this legislation amends Section 37-2739B and Section 20-525A, Idaho Code Fixed Minimum Sentence in Drug Cases occurring
within 1000 feet of public or private primary or secondary schools. This
bill adds head start, preschools, day care centers, family day care homes
or group day care facilities. That’s all the bill really does. In answer to a
question, Representative Harwood said the police and prosecuting
attorney measure the 1000 feet.
CON: Marty Durand with the ACLU was recognized. Ms. Durand said the ACLU
is not opposed to the intent of the legislation. However, the bill could
raise serious due process concerns. Unlike primary or secondary schools
which are clearly designated as such, many day care facilities are not
obviously discernible. Existing law does not appear to require day care
facilities to post signs or other outside identification. How would the bill
deter a defendant from manufacturing or delivering drugs close to a day
care facility, when the defendant may not even know it exists. The same
would be true regarding family day care centers if a woman with 2 or 3
children eating lunch in a public park is actually a family day care-sponsored picnic.
MOTION: Representative Ridinger moved to send H 641 to the floor with a Do
Pass recommendation. Motion carried.
Representative Harwood will
carry the bill on the floor.
H 664: Representative Harwood was recognized. This bill creates a private right
of action for persons injured by false testimony, presentation of false
scientific principles and filing of documents which include false or
misleading information. Liability can be established only when the person
knew or should have know the information was false or when the person
intended the information to be misleading.
CON: Justin Hayes representing the Idaho Conservation League was
recognized. This bill is so extreme that it can be used to attack people
who disagree. It is a recipe for massive “tit for tat” litigation. The court
already has a good handle on perjury. This language is too broad. It
would harm people who are simply misinformed. This measure is bad
law.
CON: Phil Barber, Idaho Council for the American Insurance Association, was
recognized. Mr. Barber said the bill is an inspiration to litigation. There
are already ways to solve these problems. This just creates an
abundance of litigation. The real answer is the marketplace of ideas.
This law could apply to city planning, city zoning, county commissioners
and the PUC. This creates a new strike zone which is not good policy.
The “intent to deceive” could be an intent to persuade. This bill inhibits
creative decisions.
PRO: Judy Bartlett, representing the Idaho Farm Bureau, was recognized. The
Idaho Farm Bureau supports this bill. It simply says if you knowingly
present false testimony, this law would kick in. People are harmed by
false testimony. Those people who knowingly and willingly provide false
testimony must be stopped. It is really important to hold people to a
standard. This would cause state agencies to tell the truth. It is a good
tool to hold people responsible.
CON: Marty Durand with the ACLU was recognized. The ACLU opposes this
legislation as unnecessary, burdensome and chilling to anyone who
testifies before any fact finding body, including legislative committees. It
is the duty of any fact finding body to ultimately determine what the truth
is. This bill is a dangerous substitute for competent investigation and
meaningful examination of witnesses. Existing procedures already
provide a way to expose false testimony. Laws should not discourage
public participation in government. In conclusion, Ms. Durand asked that
the bill be held in Committee.
CON: Allyn Dingel was recognized to give his testimony. When people lie at a
hearing, their testimony is usually thrown out. The price of our freedom is
eternal vigilance. Please hold in Committee.
CON: Brad Dixon was recognized. Mr. Dixon said we already have perjury
laws. We are required to file true documents. The court has the job of
saying what kind of scientific evidence can be presented to a jury. We
must rely upon our finders of fact. This Committee and a jury are finders
of fact. Debate must be allowed to continue.
CON: Heather Reilly, representing the Idaho Prosecuting Attorneys Assn., was
recognized. The Association has concerns regarding this legislation. It
does not exclude a criminal trial. This bill may allow a guilty person to file
a suit against a witness. It could allow a law suit to be filed against a
citizens doing his or her civic duty.
CLOSING
REMARKS:
Representative Harwood said this bill has to do with people telling the
truth and doing what is right. When a document is filed, that document
should be truthful. This legislation will provide recourse from those who
file false documents or make false testimony.
MOTION: Representative Sali moved to send H 664 to General Orders with
Committee Amendments as follows:
In line 16, after trial, striking “,or
any other proceeding”; on line 18, striking “Know or should have known”;
striking all of lines 21 through 27 and adding, after line 34, a new
subsection (c) “This section shall not apply to testimony or documents
offered in any criminal proceeding”.
SUBSTITUTE
MOTION:
Representative Clark moved to hold H 664 in Committee. Roll call vote
was called for.
ROLL CALL
VOTE:
Voting AYE- Representatives Field, Clark, Smith, Ridinger,
Edmunson, Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart, Field.
Voting NAY-Representatives Sali, Harwood, Kulczyk, Nielsen.
Motion carried 11-4-1. H 664 will be held in Committee.
HCR 42: Representative Boe was recognized to explain the resolution. This
legislation would direct the Legislative Council to appoint a task force to
study and evaluate criminal sentencing and parole practices in Idaho and
make recommendations. Over twenty five states have done similar
studies of their sentencing practices and realized substantial savings in
correction costs. An amendment was drafted changing on line 31 of the
printed bill, the words “shall include” to “may include, but not limited to”.
MOTION: Representative Smith moved to send HCR 42 to General Orders with
Committee Amendments attached, changing on line 31 the words
“shall include” to “may include, but not limited to”. Motion carried.

Representative Boe will carry the bill on the floor.
ADJOURN: There being no further business to come before the Committee, the
meeting was adjourned at 4:35 p.m.






DATE: February 23, 2004
TIME: 3:00 p.m.
PLACE: Room 404
MEMBERS: Chairman Field(18), Vice Chairman Clark, Representatives Sali,
Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen,
Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart
ABSENT/

EXCUSED:

None
GUESTS: Representatives Jaquet and Rydalch, Officer Steve England, Tom Frost,
Supreme Court
MINUTES: Chairman Field called the meeting to order and asked the members to
review the minutes. Representative Ring moved to accept the minutes of
the meeting held on February 19, as written. Motion carried.
H 557: Chairman Field said the sponsor of the bill asked that it be held in
Committee. There being no objection, H 557 was so held.
H 666: Chairman Field said the sponsor of the bill asked if it could be heard on
Wednesday, February 25, instead of at today’s meeting. There being no
objection, H 666 was moved to Wednesday’s agenda.
H 667: The Chairman recognized Representative Jaquet to explain. This bill was
drafted because of threats made on the lives of students at Wood River
High School. The legislation adds a new section 18-3302H, Idaho Code,
to provide that any person who willfully threatens to commit an act of
violence on school grounds by use of a firearm, explosive, or deadly or
dangerous weapon is guilty of a misdemeanor.
MOTION: Representative Clark moved to send H 667 to the floor with a Do Pass
recommendation.
In support of the motion, Representative Clark said
this legislation is long overdue and it is a good bill.
PRO: Officer England of Hailey, Idaho Police Department, was recognized to
give his testimony. On the last day of school at Wood River High School,
a person called saying there were some students on the campus
threatening to commit acts of violence. Two students were confronted at
school. Once those students were confronted, other students came
forward to say they were talking about bringing guns to school and
shooting students. Those two students refused to go home with their
parents. The parents signed papers saying they were out of parental
control, so the police were able to incarcerate them over night to eliminate
the potential danger to the other students on the evening of their
graduation.
ROLL CALL
VOTE:
Voting AYE-Representatives Field, Clark, Ellsworth, Smith, Ridinger,
Harwood, Edmunson, Nielsen, Ring, Shirley, Wills, Boe, Andersen,
Pasley-Stuart. Voting NAY-Representative Kulczyk. 14-1-1. Motion
carried.
Representative Jaquet will carry the bill on the floor.
H 727: Representative Rydalch was recognized to testify. This is a rewrite from a
former piece of legislation. This language is more focused. The bill adds
a new section to the code to provide prohibited employment locations and
prohibited behavior of adult and juvenile sex offenders and owners and
operators of days care centers and to provide penalties. Section 18-8328
was drafted so that rehabilitated people have a way to petition the courts
to have relief, so that person could become re-employed through a
petition to the courts. There is a ten-year time limit before the petition can
be made. The sheriffs’ association supports the legislation and no
problems have been found by the prosecuting attorneys’ association.
MOTION: Representative Clark moved to send H 727 to the floor with a Do Pass
recommendation. Motion carried.
Representative Rydalch will carry
the bill on the floor.
S 1207: Tom Frost, Idaho Supreme Court, was recognized. This bill is one of a
series of defects in the law bills. The bill amends Section 19-5302, Idaho
Code, relating to victim restitution, to correct an erroneous reference to
another Idaho Code section. It only makes a clerical change and will
have no impact on the general fund.
MOTION: Representative Smith moved to send S 1207 to the floor with a Do
Pass recommendation. Motion carried.
Representative Ridinger will
carry the bill on the floor.
S 1208: Tom Frost was again recognized to explain. This is another defect in the
law bill. It amends Section 37-2738, Idaho Code, which authorizes the
waiver of substance abuse evaluations with respect to certain first-time
drug offenses, to add the non-narcotic misdemeanors described in 37-2732(c)(3) as first-time offenses which qualify for a waiver. Currently, the
court lacks the authority to waive an evaluation for a first-time
misdemeanor marijuana violation, which might be an appropriate
candidate under the first-time offender exception. This amendment
addresses that omission.
MOTION: Representative Kulczyk moved to send S 1208 to the floor with a Do
Pass recommendation. Motion carried.
Representative Ellsworth will
carry the bill on the floor.
S 1209: Mr. Frost was again recognized to explain. This is the last of the defects
in the law bills. It amends various sections of the Idaho Code to correct
outdated references to the Youth Rehabilitation Act, which formerly
covered offenses committed by juveniles. The Youth Rehabilitation Act
was superseded in its entirely and replaced by the Juvenile Corrections
Act in 1995.
MOTION: Representative Smith moved to send S 1209 to the floor with a Do
Pass recommendation. Motion carried.
Representative Andersen will
carry the bill on the floor.
ADJOURN: Chairman Field told the members that on Friday the Committee will have
heard all of the House bills and some of the Senate bills. It is the
intention that all bills in Committee will be heard by March 3rd or

March 5th. There being no further business to come before the
Committee, the meeting was adjourned at 3:40 p.m.






DATE: February 25, 2004
TIME: 3:00 p.m.
PLACE: Room 404
MEMBERS: Chairman Field(18), Vice Chairman Clark, Representatives Sali,
Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen,
Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart
ABSENT/

EXCUSED:

Representative Sali
GUESTS: See attached sign-in sheet
MINUTES: Chairman Field called the meeting to order and asked the members to
review the minutes. Representative Shirley moved to accept the minutes
of the meeting held on February 23, as written. Motion carried.
H 665: Chairman Field said the sponsors of the bill asked that it be held for a
time certain at the discretion of the Chair. There being no objection,
H 665 was so held.
H 557: Chairman Field said the sponsor of H 557 asked that it be held in
Committee. There being no objection, H 557 was so held.
PRESENTATION Chairman Field recognized Lois Bauer, Administrator of the Idaho
Commission on Aging to give the presentation. Ms. Bauer asked if Sara
Scott, Program Operations Manager of the Adult Protection Division,
could make the presentation. Ms. Scott gave each member a handout to
use for future reference (attachment.) Financial exploitation and
guardianship problems have been encountered when dealing with
vulnerable adults. In some of these cases, the vulnerable adults are
suffering from some sort of dementia or illness. The only current
mechanism to hep in these cases are county boards of community
guardians. These are made up of volunteers who do investigating in their
spare time. Because they are volunteers who only have so much time to
give, many of these cases are not investigated. When they are, the
matter then must go before the court. The court is supposed to appoint a
guardian ad litem. This guardian must keep the court appraised of the
situation, so a report must be filed once a year. Most of the time, these
reports are just being stored in court records. There is currently no
mechanism between adult protection and the court to do something about
a guardian taking advantage of an incompetent person. This issue needs
to be studied and resolved. There is one judge in Ada County who deals
with these cases. He is retiring in May. His caseload has been about
5200 cases a year. Only Ada County has a dedicated protective adult
judge.
PRO: Michael Blankenship, Professor at Boise State University, was
recognized. Mr. Blankenship said these vulnerable adults are one of the
fastest growing groups today. Research needs to be done to understand
the nature of the problem. Many of these adults suffer physical and
verbal, as well as financial, abuse. BSU can assist in recommending
policy changes. It can also assist in training on how to discover if there is
verbal, physical and financial abuse. A training program could be set up
for judges, law enforcement and other care givers.



Chairman Field thanked the presenters and told the members that this
issue requires more than just a band-aid fix. Interested parties are
currently working with Senator Craig, the state judiciary and executive
branches. A committee needs to be formed to work on resolving this
problem.

H 531: Representative Trail was recognized to explain. Representative Trail said
he has been working with Deputy Prosecutor Douglas Whitney, to draft
the bill. This legislation revises the Juvenile Corrections Act to provide
that juveniles found to have committed only misdemeanor offenses can
have their records expunged after one year from release from probation
or at age 18, but maintains the five-year waiting period for those who
commit felonies. The bill will enhance the ability for juveniles who have
committed minor offenses to enter military service and other occupations
earlier. It will make Idaho law more consistent with that of other western
states and will act as a further incentive for juveniles to chart a different
and better course for their lives.
PRO: Douglas Whitney, Deputy Prosecutor for Latah County, was recognized.
Mr. Whitney said this bill deals with the expungement of some of the
juvenile records, allowing the juveniles to go on to lead very productive
lives. It provides for expungement of records that are not currently able to
be expunged. Under current law, juveniles who have committed minor
crimes are treated worse than some juveniles who commit major crimes.
In cases of informal adjustment, which is comparable to withheld
judgment for adults, there is no allowance for expungement of records.
This legislation will help remove barriers to success for these juveniles. It
is just for those juveniles who accept accountability for their actions.
PRO: Larry Callicutt, Superintendent of the Juvenile Corrections Center in
Nampa, was recognized. Mr. Callicutt said it is currently very challenging
for juveniles to get work or go into higher education. This bill will help
those juveniles who want to lead productive lives.
PRO: Heather Reilly, Idaho Prosecuting Attorneys Association, was recognized.
Ms. Reilly said the Prosecuting Attorneys Association supports the bill.
MOTION: Representative Clark moved to send H 531 to the floor with a Do Pass
recommendation. Motion carried.
Representatives Trail and Smylie
will carry the bill on the floor. Representatives Kulczyk and Harwood
asked to be recorded as voting “no.”
H 666: Representative Eskridge was recognized to explain. This bill will give the
court the ability to destroy a dog that poses a danger to society. It was
drafted because three dogs attacked a woman in Boundary County. The
dogs were driven off. However those dogs are still alive and continue to
pose a threat.
PRO: Ron Smith, County Commissioner for Boundary County, was recognized.
A little over a year ago, Denise Dickinson, a resident of Boundary County
was walking on a county road. She was attacked by three vicious dogs.
Another resident charged the dogs and somehow managed to get them
off of the victim. Those same vicious dogs could have attacked ten other
people that day. This amendment needs to be added to Idaho Code. It
allows the court, in the best interest of public safety, to order the
destruction of a vicious dog on a first-time violation.
CON: Dr. Jeff Rosenthal, Executive Director of the Idaho Humane Society and a
veterinarian, was recognized. The Idaho Humane Society opposes the
bill because it weakens current state law regulating dogs that attack and
injure humans. The Humane Society conducts vicious dog hearings and
imposes restrictions on the owners of such dogs, or may destroy the dog
depending upon the provisions of the local ordinance in effect. The
priority of the animal control division is the protection of human health and
safety. The Idaho Humane Society believes that laws addressing
dangerous animals should contain a clear definition of a “vicious” or
“dangerous” dog, and a defined and fair process through which a dog is
found to be vicious or dangerous. It should establish a procedure than an
owner may follow if that owner wishes to contest the designation of
vicious or dangerous and provide a required course of action for owners
of dogs that have been so designated. This law is too vague.
CON: Diane Mazy, representing the American Chesapeake Club, Idaho
Retriever Club and Idaho Brittany Club, was recognized. Those clubs are
apposed to the bill because it is unreasonable to compare a dog that may
viciously attack a human with a dog that may attack a chicken. Although
in some cases a court-ordered destruction of a dog may be warranted, the
bill creates many gray areas and seems to provide the court system with
little to work with. Taken too literally, it has the potential to be very unfair
to the dog-owning public. In conclusion, Ms. Mazy asked that the bill not
proceed out of Committee. Idaho may already have adequate law in
regards to vicious dogs. If that is not the case, effective and enforceable
law should be developed. However, any development of dog or animal
law should be done with input from experts such as animal control
officials, veterinarians and canine experts. Stiffer penalties should be
provided for vicious dogs who attack humans.
MOTION: Representative Kulczyk moved to send H 666 to General Orders with
Committee Amendments attached. Those amendments would be to
strike the sentence beginning on lines 24 with the word “Working”
and ending on line 26 with the word “duties.”
SUBSTITUTE
MOTION:
Representative Boe moved to hold H 666 in Committee. Representative
Pasley-Stuart spoke in support of the Substitute Motion saying all
germane parties should get together to draft language which would be
acceptable to all and address the concerns that were brought forth.
AMENDED
SUBSTITUTE
MOTION:
Representative Edmunson moved to send H 666 to General Orders
with the Committee Amendments, as set forth above, and adding an
Emergency Clause. Motion carried.
ADJOURN: There being no further business to come before the Committee, the
meeting was adjourned at 4:40 p.m.






DATE: February 27, 2004
TIME: 1:00 p.m.
PLACE: Room 404
MEMBERS: Chairman Field(18), Vice Chairman Clark, Representatives Sali,
Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen,
Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart
ABSENT/

EXCUSED:

Representative Smith
GUESTS: See attached sign-in sheet
MINUTES: Chairman Field called the meeting to order and asked the members to
review the minutes. Representative Shirley moved to accept the minutes
of the meeting held on February 25, as written. Motion carried.
H 729: Representative Bonnie Douglas was recognized to explain the bill. This
bill addresses sudden infant death syndrome (SIDS). A handout was
given to each member (attachment.) SIDS is defined as the sudden
death of an infant less than one year of age which remains unexplained
after a thorough investigation. The purpose of the bill is to require an
autopsy. An autopsy is necessary to exclude other causes of death such
as hereditary disease, metabolic causes or child abuse.
MOTION: Representative Ring moved to send H 729 to the floor with a Do Pass
recommendation.
CON: John Buck, Gem County Coroner representing the Coroners’ Association
of the State of Idaho, was recognized. Mr. Buck said autopsies in these
cases are already being done. The coroners do not put SIDS on a death
certificate unless an autopsy has been done. However, an autopsy
doesn’t always tell what the cause of death is. SIDS has become sort of a
catchall.
PRO: Karl Malott, representing the Professional Firefighters of Idaho, was
recognized. The firefighters are primarily the emergency medical service
providers in SIDS cases. In 1997, firefighters were dispatched to a home
where an infant was not breathing. Upon questioning the mother by law
enforcement, the mother broke down and admitted she had suffocated the
child. This was a case of emotional instability and the mother was able to
get help. Autopsies in these cases are most important.
CON: Erwin Sonnenberg, President of the Idaho Association of Coroners and
also representing the Idaho Association of Counties, was recognized. Mr.
Sonnenberg said he has done extensive research on SIDS. He has
lectured both locally and in different parts of the country on SIDS. There
are no tests that can verify asphyxiation. SIDS babies cannot be
resuscitated. SIDS is a red herring tag across the country. Stats are
going down on SIDS because more investigation is currently being done.
X-rays must also be done on these infants. Toxicology and genetic
testing need to be done. An autopsy is just one part of diagnosing SIDS.
This bill is poorly written.
SUBSTITUTE
MOTION:
Representative Clark moved to hold H 729 for a time certain until
Wednesday, March 3.
This would give the parties time to address the
concerns with the language of the bill. Motion carried.
HCR 50
UNANIMOUS
CONSENT:
Representative Ellsworth asked for Unanimous Consent to send HCR
50 to the floor with a Do Pass recommendation. All members voted
to send the resolution to the floor with a Do Pass recommendation.
Representative Field will carry the bill on the floor.
S 1210: Detective Wade Spain was recognized to explain the legislation. This
legislation specifically includes under Idaho’s forgery statute Federal
Reserve notes and United State’s currency or United State’s money. The
crime of making and passing counterfeit currency is a common
occurrence in cities and counties throughout Idaho. Prosecutors must be
able to continue to address this problem at the local level.
MOTION: Representative Sali moved to send S 1210 to the floor with a Do Pass
recommendation. Motion carried.
Representative Sali will carry the bill
on the floor.
S 1221: Brent Reinke, Department of Juvenile Corrections, was recognized to
explain. This is primarily a clean-up bill. It updates the Juvenile
Corrections Act by removing all references to forestry camps, provides
that technical assistance should be research based, and clarifies
reimbursement to counties for holding juveniles committed to the state. It
makes sure the law reflects current practices. It also provides that the
juvenile may be transported to the department’s nearest regional facility.
MOTION: Representative Clark moved to send S 1221 to the floor with a Do Pass
recommendation. Motion carried.
Representative Nielsen will carry the
bill on the floor.
S 1237: Dean Heyl, Manager of Government Relations for the Direct Selling
Association, was recognized. This bill would amend Section 18-3101,
Idaho Code, to more clearly define and strengthen the current law relating
to the prohibition of pyramid promotional schemes. It creates a clear and
specific definition of an illegal pyramid promotional scheme to protect
Idaho residents from becoming potential victims. Enactment of this strong
consumer protection law would ban illegal pyramid scheme activity and, at
the same time, protect legitimate Idaho direct sellers and Idaho
consumers.
MOTION: Representative Clark moved to send S 1237 to the floor with a Do Pass
recommendation. Motion carried.
Representative Clark will carry the
bill on the floor.
ADJOURN: There being no further business to come before the Committee, the
meeting was adjourned at 2:05 p.m.






DATE: March 1, 2004
TIME: 2:45 p.m.
PLACE: Room 404
MEMBERS: Chairman Field(18), Vice Chairman Clark, Representatives Sali,
Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen,
Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart
ABSENT/

EXCUSED:

Representatives Clark and Shirley
GUESTS: See attached sign-in sheet
MINUTES: Chairman Field called the meeting to order and asked the members to
review the minutes. Representative Ridinger moved to accept the
minutes of the meeting held on February 27, as written with the correction
of changing Heather Reilly as the testifier on S 1210 to Detective Wade
Spain. Motion carried.
S 1244: Bob Aldridge was recognized to explain the bill. This bill deals with the
appointment of a convicted felon as guardian or conservator of an
incapacitated adult. The bill amends the appointment criteria for a
guardian and conservator to provide that a convicted felon is to be
appointed only when the court finds by clear and convincing evidence that
the appointment is in the best interests of the incapacitated person. This
higher standard will protect the incapacitated person, while still allowing
such an appointment to be made in appropriate cases.
MOTION: Representative Kulczyk moved to send S 1244 to the floor with a Do
Pass recommendation. Motion carried.
Representative Kulczyk will
carry the bill on the floor.
H 751: Representative Jaquet was recognized to explain. Representative Jaquet
gave each member two handouts: Statistics on Minors and Drinking and a
state by state comparison on fines for teens using fake ids, compared to
fines for adults who buy alcohol for minors (attachments.) This legislation
will amend existing law by creating enhanced misdemeanor penalties for
an offender who unlawfully provides alcoholic beverages to a person
under 21 years of age. Fines are increased for second or subsequent
offenses. The bill also removes the current felony penalty allowed on a
second offense. The fine for a second offense is raised from $1,000 to
$2,000. Monies gathered from the fines imposed upon a conviction under
this section will be deposited into the alcoholism treatment fund. In
conclusion, Representative Jaquet said teenage drinking is a real problem
which needs to be addressed.
CON: Pam Eaton, President of the Idaho Retailers Association, was recognized.
The Retailers Association has some concerns with this legislation. The
Association does not condone underage drinking. It is concerned about
how high the misdemeanor fines are. The majority of its employees in the
retail sector are not paid high wages. If these penalties cannot be
reduced by the court, employers might not be able to pay the fines. Small
employers have employees who know to check drivers licenses and ID’s,
but human error is always possible. The Association is concerned that a
fine cannot be reduced or suspended by the court.
MOTION: Representative Ellsworth moved to hold H 751 for a time certain at the
discretion of the Chair. Motion carried.
S 1245: Bob Aldridge was recognized to explain. This bill completes an ongoing
series of changes to the Uniform Probate Code on the appointment of
temporary or emergency conservators or guardians. These changes
have attempted to balance the need for quick ex parte orders, issued by
the court without hearings and without reports from court visitors or
guardians ad litem, with the need to protect the rights of an incapacitated
person. A new section is added to cover temporary and emergency
appointments of conservators. It also clarifies the role of a guardian when
the incapacitated person has assets to be managed.
PRO: Georgia Mackley, a member of AARP, said AARP, consisting of 153,000
members, supports this legislation.
MOTION: Representative Ring moved to send S 1245 to the floor with a Do Pass
recommendation. Motion carried.
Representative Ring will carry the
bill on the floor.
S 1246: Mr. Aldridge was recognized. Idaho Code section 15-3-916 provides for
the apportionment of estate taxes among probate and non-probate
assets. It was adopted as part of the Uniform Probate Act in Idaho in
1971. It has been amended in relatively minor ways in 1999 and 2001.
The language in the current bill is that of the Uniform Laws
Commissioners’ Apportionment Act, adopted by the National Conference
of Commissioners on Uniform State Laws at its meeting in August, 2003.
The existing language of section 15-3-916 is now inadequate to provide
for many situations in which estate tax needs to be apportioned and is
causing manifest unfairness in the apportionment of estate taxes, or
expensive and lengthy litigation to determine proper apportionment.
Therefore, existing 15-3-916 has been repealed in its entirety by the bill
and a new Part 13 of this portion of the Probate Code has been added.
MOTION: Representative Wills moved to send S 1246 to the floor with a Do Pass
recommendation. Motion carried.
Representative Ellsworth will carry
the bill on the floor.
S 1247: Mr. Aldridge asked that the bill be held in Committee. Some concerns
have been raised with the language. Unanimous consent was requested
and given. S 1247 was held in Committee at the request of the
sponsor.
S 1248: Bob Aldridge was recognized to explain the legislation. This bill cleans up
several areas of the Idaho Uniform Probate Code. In section one, it
provides general definitions to properly cross reference with other uniform
acts. In section two, the bill modifies the language of the section to
require that a formal inventory only be sent to interested persons, as
defined in the probate code, who request a copy and that the personal
representative may, but is not required to, file the formal inventory with the
court. It also clarifies that if an interested person requests a copy of the
inventory, the personal representative is to send that person a copy even
if an original of the inventory has been filed with the court. Section three
addresses the appointment of a trustee for a trust registered in the state
of Idaho, and the issuance of letters of trusteeship. The language
requiring a mandatory hearing has been stricken.
MOTION: Representative Ellsworth moved to send S 1248 to the floor with a Do
Pass recommendation. Motion carried.
Representative Sali will carry
the bill on the floor.
S 1249: Mr. Aldridge was again recognized to give his testimony. This bill corrects
a number of technical problems in the Natural Death Act, and a problem
in the DNR (Do Not Resuscitate orders) act. The net effect of the bill is to
ensure that persons can make choices regarding their health care that will
be effective and will be carried out. It will also ensure that medical
personnel and institutions will have clear terms and conditions on which to
rely when interacting with medical directives and agents of a patient.



Mr. vonTagen, representing the Attorney General’s Office, was
recognized to discuss DNR coverage. This is an area of the law that
Attorneys General should look into to establish an appropriate role for the
Attorney General. This issue is continuing to be studied. A DNR order is
an order that is entered by a physician and consented to by the patient or
the patient’s family. A DNR order is very clear. The DNR order does not
affect other treatment. It relates to a patient who is suffering from a
terminal disease where death is imminent. An amendment in this bill
covers the situation after a person is in an institution. The bill strikes
references to non-institutional settings and strikes some references to
emergency service personnel. It also provides some immunity provisions.

MOTION: Representative Pasley-Stuart moved to send S 1249 to the floor with a
Do Pass recommendation. Motion carried.
Representative Pasley-Stuart and Representative Ring will carry the bill on the floor.
S 1250: Bob Aldridge was recognized. This bill deletes section 55-1010, Idaho
Code, relating to homesteads. This deletion solves numerous problems
caused by the automatic passage of the homestead to the surviving
spouse, which is often the direct opposite of the result intended by the
decedent, including in tax planning situations. The homestead can still
pass to the surviving spouse, but the passage will be pursuant to the
planning of the decedent. The bill also clarifies how the Probate Code
provisions work.
MOTION: Representative Pasley-Stuart moved to send S 1250 to the floor with a
Do Pass recommendation. Motion carried.
Representative Edmunson
will carry the bill on the floor.
S 1251: Mr. Aldridge was recognized to explain. This bill provides that the date for
filing a claim against the estate of a decedent is the later of the filing with
the personal representative, or the filing with the court. Creditors must
therefore act within the statutory time periods to file claims, which will
allow the personal representative to know with certainty when all claims
are either filed or barred so that the estate can safely be distributed.
MOTION: Representative Harwood moved to send S 1251 to the floor with a Do
Pass recommendation. Motion carried.
Representative Harwood will
carry the bill on the floor.
ADJOURN: There being no further business to come before the Committee, the
meeting was adjourned at 4:40 p.m.






DATE: March 3, 2004
TIME: 3:15 p.m.
PLACE: Room 404
MEMBERS: Chairman Field(18), Vice Chairman Clark, Representatives Sali,
Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen,
Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart
ABSENT/

EXCUSED:

None
GUESTS: See attached sign-in sheet
MINUTES: Chairman Field called the meeting to order and asked the members to
review the minutes. Representative Wills moved to approve the minutes
of the meeting held on March 1, as written. Motion carried.
S 1281: Senator Darrington was recognized to explain the bill. This is a
comprehensive licensure bill. It is what is referred to as a parental
consent piece of legislation. About 34 states, as of a year ago last fall,
had various kinds of regulations regarding tattooing and body piercing.
Compared to other states, this proposal is pretty modest. This legislation
provides that parental consent is required for tattooing, branding and body
piercing of any person under the age of eighteen (18) years. No tattooing,
branding or body piercing may occur on any person under the age of
fourteen (14) years. Piercing of the ear lobes and piercing for medical
purposes are exempted from this legislation. The penalty for violation is
an enhanced misdemeanor with an additional penalty for subsequent
violations within one year. The only purpose of the bill is to regulate
young people.
MOTION: Representative Ring moved to send S 1281 to the floor with a Do Pass
recommendation.
CON: Marty Durand, representing the ACLU, was recognized. The ACLU is
opposed to the bill. Tattoos and piercings have been around for
thousands of years. The ACLU is concerned that this bill does not take
into consideration religious beliefs or cultural beliefs. The decision to
tattoo or pierce should be left with the family. That decision should not be
made by the state of Idaho.
PRO: Mike Kane, representing the Sheriffs Association, was recognized. The
Sheriffs Association supports the legislation. Parents have been asking
for a bill like this to allow something to be done when tattooing and body
piercing occurs. This legislation will put the onus on the tattoo parlor.
PRO: Heather Reilly, representing the Prosecuting Attorneys Association, was
recognized. The prosecuting attorneys support this legislation. In
answer to a question regarding a 13-year old tattooing herself and
whether she could be charged under this bill, Ms. Reilly said this statute
involves more than one person.
MOTION: The Motion was to send S 1281 to the floor with a Do Pass
recommendation. Motion carried.
Representative Smith will carry the
bill on the floor.
H 751: Representative Jaquet was recognized. This bill was brought before the
Committee at its previous meeting. Concerns were raised about some of
the language of the bill. Since that time, amendments have been drafted
to resolve those concerns. The legislation pertains to dispensing alcohol
to minors. The amendments delete the word “shall” on page 1, line 15, to
the bill, and insert the word “may.” On page 1, line 17, delete the words
“which amount shall not be”; in line 18, delete “reduced or suspended by
the court,”‘ in line 23, delete “which amount shall not” ; in line 24, delete
“be reduced or suspended by the court,”‘ and delete lines 28 and 29 and
insert: “created in section 23-404, Idaho Code. Upon conviction”.
MOTION: Representative Smith moved to send H 751 to General Orders with the
aforementioned Committee amendments attached. Motion carried.
Representative Jaquet will carry the bill on the floor.
S 1234a: Heather Reilly, IPAA, was recognized to explain the legislation. The
purpose of the bill is to solve a loophole in the domestic violence statute
by allowing an out-of-state conviction for domestic violence to be used for
purposes of enhancing a subsequent conviction in Idaho. It is important
for Idaho’s domestic violence statute to consider an out of state conviction
for purposes of enhancing a subsequent conviction in Idaho. Statistics
show that 1/3 of all homicides occur in domestic relationships where there
was a history of domestic violence. The legislation provides for the judge
to determine if a foreign or out-of-state judgment is substantially
conforming to Idaho’s statute. It also provides that an offender who has
inflicted traumatic injury or committed 3 offenses within 15 years and goes
on to commit another act of domestic violence can be charged with a
felony.
MOTION: Representative Nielsen moved to send S 1234a to the floor with a Do
Pass recommendation. Motion carried.
Representative Ridinger will
carry the bill on the floor.
S 1263: Kathy Baird with the Sexual Offender Classification Board was recognized
to explain. This bill modifies language in five different sections of the
Sexual Offender Registration Notification and Community Right-to-Know
Act. A technical correction is made to the definition of violent sexual
predator by inserting the word “high” in conjunction with risk. The bill
includes language providing the Board with the latitude to consider
whether an offender who has been referred for violent sexual predator
review truly warrants full review. It also provides that the Board can
review Idaho offenders who are serving probation for federal or tribal court
convictions. It instructs that information regarding the violent sexual
predator review actions made by the Board may be requested from the
Board. It identifies the county of the offender’s most recent sexual
conviction as the appropriate court to hear violent sexual predator
appeals in cases where an offender intends to reside out of state upon
release from prison. No opposition has been raised to any components of
this bill.
MOTION: Representative Clark moved to send S 1263 to the floor with a Do Pass
recommendation. Motion carried.
Representative Clark will carry the
bill on the floor.
H 771: Chairman Field turned the gavel over to Vice Chairman Clark in order to
explain the bill. This legislation provides that a court shall vacate a child
support order if the court finds, by clear and convincing evidence, that the
moving party is not the biological father of the child who is the subject of
the support order, and that the obligee knowingly and intentionally
misrepresented the paternity of the child to the obligor. If the order is
vacated, the obligor may bring an action in court against the obligee or
the true biological father to obtain restitution for child support previously
paid pursuant to the order.
MOTION: Representative Sali moved to send H 771 to the floor with a Do Pass
recommendation.
Motion carried. Representative Moyle will carry the
bill on the floor.
ADJOURN: There being no further business to come before the Committee, the
meeting was adjourned at 4:10 p.m.






DATE: March 5, 2004
TIME: 1:20 p.m.
PLACE: Room 404
MEMBERS: Chairman Field(18), Vice Chairman Clark, Representatives Sali,
Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen,
Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart
ABSENT/

EXCUSED:

Representatives Smith, Shirley, Andersen
GUESTS: See attached sign-in sheet
MINUTES: Chairman Field called the meeting to order and asked the members to
review the minutes. Representative Harwood moved to accept the
minutes of the meeting held on March 3, as written. Motion carried.
S 1243a: Bob Wells, representing the Idaho Police Association, was recognized.
This is a video voyeurism law dealing with instances of surreptitious
photograph, film, video or digital recording of persons without their
consent while in a place where the person has a reasonable expectation
of privacy, or in a public place when the person has taken reasonable
steps to shield intimate areas from public view. Right now there is no law
that forbids video voyeurism. The bill provides a definition of imaging
device to mean any instrument capable of recording, storing, viewing or
transmitting visual images. An amendment has been drafted which brings
back into focus a reasonable person having a reasonable expectation of
privacy. An emergency clause is included in the legislation. This bill is
designed to protect the members of our community. This is good
legislation which gives law enforcement and prosecutors a tool to deal
with these offenders.
MOTION: Representative Nielsen moved to send S 1243a to the floor with a Do
Pass recommendation.
PRO: Dan Charboneau, Director of the Idaho State Police, spoke in support of
the legislation. This law is necessary in order to be able to charge this
type of offender.
CON: Attorney Randy Farber was recognized. Mr. Farber spoke in opposition to
the bill.
PRO: Heather Reilly, representing the Idaho Prosecuting Attorneys Association,
spoke in support of the bill.
MOTION: The Motion was to send S 1243a to the floor with a Do Pass
recommendation. Motion carried.
Representative Nielsen and
Representative Wills will carry the bill on the floor.
S 1302: Bob Aldridge was recognized to explain. Idaho law has not given de facto
custodians any particular status in the determination of the best interests
of a minor when considering custody, visitation, termination proceedings,
child protection, and so forth. This bill starts the correction to that
situation by first defining the term de facto custodian, and then providing
for the status of a de facto custodian in guardianship proceedings. This
bill will give the courts the ability to make decisions regarding minors that
are in the best interests of the minor whenever there has been a de facto
custodian who has had a substantial, long-term, ongoing relationship with
the minor.
PRO: Rami Amaro, attorney, was recognized. Ms. Amaro said she represented
a client, Chad Doe, and the two of them, as well as the grandfather, fully
supported the bill. Ms. Amaro said Chad Doe had been married for 10
years before seeking a divorce. During an investigation, it was
discovered that his wife had engaged in numerous affairs during the
marriage. One of the affairs had lasted for 7 years up until the divorce. It
was discovered that the second child born during the marriage was not
his. Chad had raised the child with the belief that it was his. Now he
faced the possibility of losing the child to the biological father. The
biological father petitioned the court for custody. The court granted
custody to the biological father and the mother. Under current law, the
judge could not place the child with the man who wanted him. This law
would at least have allowed Chad to have guardianship. This is an
incredibly important statute.
PRO: Chad Doe was recognized. Mr. Doe said he wanted to members to know
what he is up against. He thought this child was his and loved and raised
him as his own. When he found out that he was not the biological father,
the judge said the current law would not allow the custody to go to him,
even though the biological father should have known and never said
anything.
CON: Marty Durand, representing the ACLU, was recognized. The ACLU has
some concerns with the bill. The definition in the legislation of a de facto
custodian is pretty broad. There is no time limit on the definition. This bill
weakens parental rights. The ACLU asks that the bill be held in
Committee.
PRO: Georgia Mackley was recognized. Ms. Mackley is a member of the
Idaho Kincare Coalition, AARP, and Chairman of the Boise Area
Grandparents as Parents Support Group. This bill will provide status to
de facto custodians in the determination of the best interest of minor
children when considering custody, visitation, termination proceedings
and child protection.
PRO: Tracee Crawford was recognized. Ms. Crawford supports the bill because
the proposed law recognizes the increasing role care giver grandparents
are taking on in our society today. There are currently more than 17,000
Idaho children living in grandparent headed households. This law affects
only those situations where the care giver has already been serving in the
role of parent for an extended period of time, or has a well-established
relationship with the child where a parent has failed to provide adequate
care. This bill will provide a clear guideline to the courts to enable them to
make decisions that are in the best interest of the child whenever there
has been a de facto custodian.
PRO: Mary Zanders was recognized. Our current laws do not work. We had
our granddaughter for 12 years. Her mother decided she wanted to
become this little girl’s mother. The court gave this little girl back to her
mother. Under current law, the court could not listen to what would be in
the best interests of the child.
MOTION: Representative Sali moved to send S 1302 to the floor with a Do Pass
recommendation.
Representative Clark spoke in opposition to the
motion, saying perhaps the legislation should be put into a study group to
refine the language of the bill. Representative Wills felt the language
should be fine-tuned. Representative Ellsworth spoke in support of the
motion.
CALL FOR THE
QUESTION:
The motion was to send S 1302 to the floor with a Do Pass
recommendation. Motion carried.
Representatives Sali and Sayler will
carry the bill on the floor.
S 1303: Bob Aldridge was recognized to explain. The current probate code
contains two conflicting provisions. Claims by creditors must be
presented within two years after death, but probate can be started as late
as three years after death. This bill changes the two-year limit in the
existing code to three years.
MOTION: Representative Sali moved to send S 1303 to the floor with a Do Pass
recommendation. Motion carried.
Representative Nielsen will carry the
bill on the floor.
S 1304: Bob Aldridge was recognized to explain. This legislation makes
substantial changes to the homestead provisions of the Idaho Code. A
new section has been added which would clarify and simplify the methods
used by Estate Recovery. It provides that the homestead shall not be
held liable for the debts of the owner, except as provided in Chapter 10,
Title 55, or in section 56-218, Idaho Code.
MOTION: Representative Ellsworth moved to send S 1304 to the floor with a Do
Pass recommendation. Motion carried.
Representative Ellsworth will
carry the bill on the floor.
ADJOURN: There being no further business to come before the Committee, the
meeting was adjourned at 2:40 p.m.






DATE: March 9, 2004
TIME: 2:35 p.m.
PLACE: Room 404
MEMBERS: Chairman Field(18), Vice Chairman Clark, Representatives Sali,
Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen,
Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart
ABSENT/

EXCUSED:

None
GUESTS: See attached sign-in sheet
MINUTES: Chairman Field called the meeting to order and asked the members to
review the minutes. Representative Ring moved to accept the minutes of
the meeting held on March 5, as written. Motion carried.
S 1260: Chairman Field recognized Heather Reilly to explain the legislation. Ms.
Reilly said she was representing Bill Douglas who was unable to appear
before the Committee today. This legislation will result in statewide
recognition for extraordinary acts of valor and heroism by firefighters and
police. The legislation establishes a commission to consider nominations
and directs that award medals will be presented by the Governor at an
annual ceremony. This award may be given posthumously. This award
will recognize that Idaho’s firefighters and police every day face the
possibility of serious injury or death in the performance of their duties. It
assures that their sacrifices are recognized, and their bravery honored by
the state. The bill will have no impact on the General Fund. The Attorney
General or his designee will serve as Chair of the Commission.
MOTION: Representative Shirley moved to send S 1260 to the floor with a Do
Pass recommendation. Motion carried.
Representatives Kulczyk,
Clark and Boe asked to be recorded as voting “no.” Representative
Andersen will carry the bill on the floor.
S 1333: The Chairman recognized Richard Stover to explain. This legislation
clarifies that it is a misdemeanor to refuse to submit to a search or
screening of a person or personal belongings (1) upon presentment of a
ticket to board an airplane and (2) upon entering or attempting to enter
the sterile area of an airport. This legislation also clarifies that it is a
misdemeanor to assault, delay, or obstruct authorized personnel in the
performance of their assigned duties within the airport. The bill targets
terrorism drug dealers. This law was passed two years ago. This
legislation simply adds the word “misdemeanor.” This is not an attack on
the Fourth Amendment. This is needed because there currently is no
penalty in the law.
CON: The Chair recognized Dennis Benjamin, attorney, to testify. Mr. Benjamin
asked that the bill be held. It is seriously flawed. Sections 5 and 6 violate
the Fourth Amendment. If a person takes carry-on luggage and puts it on
the x-ray belt at the airport, remembers it has a pocketknife in it and takes
the bag back off the belt, that person can be charged with a misdemeanor
under this law. The bill needs substantial amending. Section 5 needs to
be removed and the attempt language in section 6 needs to be stricken.
CON: Marty Durand, ACLU, was recognized. The ACLU opposes the bill as it
criminalizes constitutionally protected behavior. A search is lawful if the
subject voluntarily and knowingly consents to the search. If consent is not
given, then no search can be allowed. The ACLU believes that removing
the provisions of the bill making it a misdemeanor for refusing to submit to
a search accomplishes the goal of airport security and protects the
constitutional rights of the passengers.
PRO: The Chair recognized Michael Johnson, Chief of Airport Police in Boise.
This law has already been on the books. Magistrates have wondered
about what the penalty should be. Last week, there was an individual
who entered the sterile area. He set off the detector. He said he was
wearing a prosthesis and that is why the alarm went off. He refused to be
searched and he refused to leave. The man was eventually escorted out
of the airport. This misdemeanor penalty is something we need to have in
the law. This legislation will help other airports in the state.
PRO: Steve Rutherford with the Boise City Attorneys Office was recognized.
Section 5 of the bill deals with the random screenings that happen before
a person boards the aircraft. Once a person is in the sterile area, that
person must submit to a search. Passengers are informed of this by
signs and airline personnel at least a half-dozen times before they get to
the checkpoint.
MOTION: Representative Sali moved to send S 1333 to General Orders with
Committee amendments attached. Those amendments would be: on
page 2, line 6, delete “ticket” and insert “pass.” On page 2, line 15,
delete “any person who” and delete lines 16 and 17. On page 2, line
28, after “refusing” insert “to leave the sterile area while
concurrently refusing.”
SUBSTITUTE
MOTION:
Representative Clark moved to hold S 1333 for a time certain until the
meeting on March 11, so the parties can get together and resolve the
concerns raised regarding the legislation.
Representative Smith
spoke in favor of the substitute motion, saying the members need to hear
from some other jurisdictions in the state. Motion carried.
S 1371: The Chair recognized Senator Brent Hill to explain the bill. This
legislation has to do with magic mushrooms. This bill adds spores or
mycelium capable of producing mushrooms that contain psilocybin or
psilocin to the list of Schedule I Controlled Substances. These
mushrooms are hallucinogenic and can cause death if ingested in large
doses. The mushrooms are available on internet sites. Those sites say
that no Georgia or California orders can be accepted. The Senator asked
that Idaho be listed along with Georgia and California. This legislation is
approved by the Idaho State Police, the Attorney General and the State
Board of Pharmacy.
MOTION: Representative Sali moved to send S 1371 to the floor with a Do Pass
recommendation. Motion carried.
Representative Shirley will carry the
bill on the floor.
H 796: Representative Jaquet was recognized. Representative Jaquet said the
bill is before the Committee for information gathering purposes only. It is
hoped that more suggestions will be brought forth by testifiers. The
purpose of the legislation is to provide parameters for the offense of
statutory rape that would give prosecutors more guidance and could
ensure greater uniformity of charges across the state. Currently statutory
rape cases are treated differently in various jurisdictions. While some
individuals get probation, others are sent to prison. All must register as
sex offenders. This issue is one of consensual sex. It deals with young
men and women who are close in age. For example, an 18 year old male
and a 16 or 17 year old female. Currently, these young men can be
labeled as sex offenders. This bill is not meant to encourage teen sexual
relationships. However, most young people begin to have sex in their mid
to late teens. In these cases, the crime of statutory rape really should be
dealt with as a parenting issue. This bill only applies to girls that are 16 or
17 years of age.
PRO: The Chair recognized Debi Rice to testify. Ms. Rice has a son who was
convicted of rape with his under age girlfriend. Her parents were not
opposed to the relationship. Basically, the charge of a sex offender has
just about ruined her son’s life. It has been very humiliating and
embarrassing to the whole family.
PRO: Audrey von Lindern was recognized. Ms. Von Lindern is the grandmother
of Toby LaPray who is currently an inmate of the Twin Falls County jail.
She asked the members to consider the consequences and stigma that
follow being branded as a rapist and a convicted felon/sex offender for a
lifetime. Many rights are lost including the right to vote or run for office
and the right to own a gun, to hunt game, or even be where minors are
present. Consensual sex does happen between young unmarried people
committed to a future together.
PRO: Mellisa Kowitz was recognized. Mellisa said she supports the bill. She is
the fiancee of Toby LaPray who was convicted under Idaho’s current rape
law. Toby wanted Mellisa to give the members a message from him
(attachment.) At the age of 18, he was charged with rape and his life was
threatened in prison. At the time he was young, naive and had no idea
someone could be placed behind bars for one minute, let alone their
whole lives, just for having consensual sex with his girlfriend. He knows it
is not morally correct to have sexual relations outside of marriage, but to
completely destroy someone’s life is outrageous. He has been branded a
high-risk prisoner and cannot even have a work release. He said he
never wants another person to go through the misery that he has endured
for the past four years.
CON: Heather Reilly was recognized to speak for the Idaho Prosecuting
Attorneys Association and for Molly Huskey, State Appellate Public
Defender. Ms. Reilly said she appreciated being able to discuss the bill
rather than going forward with it at this time. It is very wise to refrain from
rushing into the many changes made by the legislation. As it is currently
written, the Idaho Prosecuting Attorneys Association is opposed to the
bill. It would change a long-standing policy in Idaho. Date rape is a
concern. This language is inconsistent between this law and Idaho Code
Section 18-1508a. If this law is changed, possibly an individual who is 21
years of age, who touches a female 16 years of age, could be charged
with physical battery of a minor. Molly Huskey stated that she had similar
concerns. She was concerned about how broad the language is and the
conflicts with Section 18-1508a of the Code. The Twin Falls prosecutor
would have been here to testify against the bill until it was heard that the
hearing was for information purposes only.
PRO: Tom McCabe was recognized. Mr. McCabe said he is a criminal defense
attorney who had practiced law for 22 years. He represents constituents
who get into trouble with the law. He supports the bill. The current
statute carries very severe penalties. This matter is really a societal
issue.
PRO: Marty Durand, ACLU, was recognized. The ACLU supports the bill.
Current law makes any sexual intercourse with a woman under the age of
18 a felony. This is true even if the man is under the age of 18 and even
if the woman consents. The decision to have consensual sex is a mutual
decision. Yet the young man involved commits a felony while the woman
does not. Felony designations should be reserved for our most serious
offenses. Current law requires a young man convicted of statutory rape to
register as a sex offender. This designation has serious consequences.
It could destroy the young man’s ability to get a job or enter certain
professions. This bill would retain the crime of rape in situations where
the girl is so young that she is incapable of consent and where the age
difference is such that the man may be preying on the woman for sex
because of her youth.
CLOSING
REMARKS:
Representative Jaquet thanked the members for allowing the testimony
on the bill and said she would be happy for anyone who is interested to
work on the legislation with her over the summer.
ADJOURN: Chairman Field said after the meeting scheduled for Thursday, March 11,
the Committee will have heard all bills that it currently has. There being
no further business to come before the Committee, the meeting was
adjourned at 4:20 p.m.






DATE: March 11, 2004
TIME: 3:25 p.m.
PLACE: Room 404
MEMBERS: Chairman Field(18), Vice Chairman Clark, Representatives Sali,
Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen,
Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart
ABSENT/

EXCUSED:

Representative Kulczyk
GUESTS: See attached sign-in sheet
MINUTES: Chairman Field called the meeting to order and asked the members to
review the minutes. Representative Ridinger moved to accept the
minutes of the meeting held on March 9, as written. Motion carried.
S 1333: The Chairman recognized Richard Stover, Assistant City Attorney. The
bill would make it a misdemeanor to refuse to submit to a search or
screening upon entering the sterile area of the airport. The bill was heard
on March 9 and held over until today’s meeting to see if concerns with the
wording could be resolved. Mr. Stover asked that the bill be held in
Committee in order that new language could be drafted over the summer.
UNANIMOUS
CONSENT:
Chairman Field asked for Unanimous Consent to hold S 1333 in
Committee. There being no objection, the bill was so held.
S 1379: Senator Davis was recognized to explain. The purpose of this legislation
is to grammatically change and clarify the language of the statute relating
to communications security. By moving the penalty portion to the
introductory section, it makes it more plain that it applies to all of the sub-parts instead of just sub-part (e).
MOTION: Representative Clark moved to send S 1379 to the floor with a Do Pass
recommendation. Motion carried.
Representative Ridinger will carry
the bill on the floor.
S 1262a: The Chair recognized Ron Messler, Investigator with the Department of
Correction, to explain. There are currently about 2,000 offenders on
parole status. The purpose of the legislation is to provide authorized
representatives of the Department of Correction with an enhanced ability
to apprehend parole absconders. Currently, representatives of the
Department do not have the ability to issue a subpoena decus tecum to
compel the production of documents. The documents sought would be
those containing information which would be helpful in locating parole
absconders, such as records containing addresses and phone numbers,
etc. Failure to comply with the subpoena may be punishable as
contempt.
MOTION: Representative Ridinger moved to send S 1262a to the floor with a Do
Pass recommendation. Motion carried.
Representative Edmunson will
carry the bill on the floor.
S 1388: Chairman Field recognized Stuart Davis, Executive Director, Idaho
Association of Highway Districts, to explain the legislation. Mr. Davis
asked to turn the explanation over to Mr. Gigray, attorney representing the
Idaho Association of Highway Districts. This bill deals with Inverse
Condemnation, which is the reverse of eminent domain. The purpose of
the legislation is to reduce the need for litigation and speed the process of
resolution of claims by property owners against governmental entities for
the taking of a property interest. It provides that such claims are first filed
with the government entity similar to the way tort claims are currently filed
against government entities. The government entity must then, in a 90
day period, determine whether it agrees that a property interest claim was
taken. Government entities have no insurance against these types of
claims. The legislation requires that claims be filed within 3 years. This
provides plenty of time for the property owners to assess whether this has
happened. This proposal does not adversely affect the rights of private
property owners. It gives an opportunity to resolve these claims.
CON: Heather Cunningham, attorney, was recognized. Ms. Cunningham asked
the Committee to reject S 1388. This bill directly affects the constitutional
right of citizens that private property shall not be taken without payment of
just compensation by the government. There are three distinct types of
inverse condemnation, each of which has its own body of law. This bill
makes no distinction between the three types. The bill is an inappropriate
response to a single legal case in which a Highway District lost. There is
no problem at a statewide level. The bill effectively changes the statute of
limitations in these cases from 4 years to 3 years. It conflicts with existing
statutes, creating a clear conflict of law. It places an unreasonable
financial burden on property owners by requiring them to provide a legal
description of the property allegedly taken. It does away with currently
allowed prejudgment interest and substitutes the much lower post-judgment interest rate. Finally, the bill has the opposite effect of its stated
purpose. It erodes substantive constitutional rights with procedural
technicalities designed to let governments who act improperly to escape
without payment or accountability in court.
CLOSING
REMARKS:
Mr. Gigray was recognized. Mr. Gigray said inverse condemnation claims
are both serious and expensive. This legislation establishes an accrual
rule. Many other states have more onerous statutes. The claim does not
have to be perfectly drafted. This allows small claims to be resolved
quickly without a lot of expense. It eliminates the need for separate
accrual rules.
MOTION: Representative Harwood moved to hold S 1388 in Committee. Motion
carried.
Representative Ring asked to be recorded as voting “no” on the
motion.
S 1394: Heather Reilly, Idaho Prosecuting Attorneys Association, was recognized.
The purpose of this legislation is to amend Idaho Code Section 19-3501
dealing with when an action may be dismissed by changing the way the 6
month speedy trial requirement begins running for charges brought under
an indictment. Currently, the 6 months begin running on the date the
indictment is filed with the court. This creates a potential “loophole” which
may allow a person who has been indicted by a grand jury to avoid
prosecution under the indictment by avoiding arrest for 6 months after the
indictment is filed. This legislation would close that loophole by requiring
the defendant to be arraigned before his speedy trial right begins to run.
MOTION: Representative Clark moved to send S 1394 to the floor with a Do Pass
recommendation. Motion carried.
Representative Smith will carry the
bill on the floor.
S 1407: Patti Tobias, Idaho Supreme Court, was recognized to explain. This bill
will increase the annual salary of justices of the supreme court, judges of
the court of appeals, district judges and magistrate judges by two percent
beginning July 1, 2004. Presently, there are no nonattorney magistrate
judges serving full-time in the state. However, the annual salary of this
category of judge must keep pace with salary increments granted to other
categories of judges in order to adequately compensate retired
nonattorney magistrate judges who are called in to service on a temporary
basis.
MOTION: Representative Ridinger moved to send S 1407 to the floor with a Do
Pass recommendation. Motion carried unanimously.
Representative
Field will carry the bill on the floor.
ADJOURN: Prior to adjourning, Chairman Field told the members that there are more
Senate bills to be heard, so the Committee will meet again on Monday,
March 15. There being no further business to come before the
Committee, the meeting was adjourned at 4:45 p.m.






DATE: March 15, 2004
TIME: 1:04 p.m.
PLACE: Room 404
MEMBERS: Chairman Field(18), Vice Chairman Clark, Representatives Sali,
Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen,
Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart
ABSENT/

EXCUSED:

Representative Ridinger
GUESTS: Dave Nelson, Dept. of Correction; Brent Reinke, Dept. Juvenile
Corrections; Nancy Bishop, Attorney
MINUTES: Chairman Field called the meeting to order and asked the members to
review the minutes. Representative Ring moved to approve the minutes
of the meeting held on March 11, as written. Motion carried.
H 591 and

H 666a:

Chairman Field asked for UNANIMOUS CONSENT to hold H 591 and H
666a in Committee.
The language in H 591 will be worked on over the
summer and H 666a by Representative Eskridge also needs to be studied
further. There being no objection, H 591 and H 666a will be held in
Committee.
S 1416: Dave Nelson, Department of Correction, was recognized to explain. This
bill extends the same liability protection and authority of arrest to
probation and parole officers supervising drug court participants as is
provided to them while supervising felony probationers and parolees. The
bill will halt any attempt on the authority of the officer from carrying out his
or her responsibilities to supervise and, if necessary, arrest a drug court
participant if he or she violates the conditions of the drug court program.
The probation and parole officers are members of the drug court team led
by the judge, and generally include the treatment provider, the drug court
coordinator, the prosecutor and the defense attorney.
MOTION: Representative Ring moved to send S 1416 to the floor with a Do Pass
recommendation. Motion carried.
Representative Ring will carry the
bill on the floor.
S 1420: Brent Reinke was recognized to explain the bill. Mr. Reinke said he is
presenting the bill on behalf of Senator Darrington. He gave each
member a handout (attachment.) The purpose of the bill is to clarify
limitations on personal liability of individuals who volunteer their services
to the state of Idaho pursuant to an executive order. Currently the law
provides certain protections against liability to volunteers involved in
nonprofit and charitable organizations. However, boards, councils and
commissions such as the regional or local children’s mental health
councils, which have been formed pursuant to executive order, are not
specifically addressed. These local and regional councils provide an
invaluable service to the citizens of this state, and need the same clear
liability protection. The bill speaks to public service entities. There was a
discussion following the testimony during which Nancy Bishop was
recognized to answer some legal questions.
MOTION: Representative Kulczyk moved to hold S 1420 for a time certain until
the meeting on Wednesday, March 17th in order that some concerns
with the language might be studied further. Motion carried.
ADJOURN: There being no further business to come before the Committee, the
meeting was adjourned at 1:40 p.m.






DATE: March 17, 2004
TIME: 2:00 p.m.
PLACE: Room 404
MEMBERS: Chairman Field(18), Vice Chairman Clark, Representatives Sali,
Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen,
Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart
ABSENT/

EXCUSED:

None
GUESTS: William von Tagen, Nancy Bishop and Jon Sowers
MINUTES: Chairman Field called the meeting to order and asked the members to
review the minutes. Representative Wills moved to accept the minutes of
the meeting held on March 15, as written. Motion carried.
S 1420: William von Tagen with the Attorney General’s Office, was recognized to
explain the legislation again to the members and answer concerns voiced
at the previous meeting. Mr. von Tagen said the Attorney General’s
Office had looked at two similar bills, H 501 and H 647, which were
brought before the Legislature this year. There were some concerns with
H 501 and H 647 appears to be held in the Senate. S 1420 attempts to
provide the same protection as the house bills against liability to boards,
councils and commissions which have been formed pursuant to an
executive order of the governor. Idahoans volunteering to serve with such
groups provide an invaluable service to the citizens of this state.
MOTION: Representative Smith moved to hold S 1420 in Committee so that the
language can be worked on over the summer and a more
comprehensive bill be brought back next session. Motion carried.
S 1393a Jon Sowers was recognized to explain the legislation. Presently, any
community service directed by parole and probation staff onto parolees or
probationers leaves offenders not covered by workers compensation if
injured during the service. The Idaho Department of Correction routinely
directs intermediate sanctions in the form of community service to
offenders, both parolees and probationers. Residents of community work
centers also perform voluntary community service and are also not
covered under current law. Without workers compensation protection, the
injured offenders could file tort claims against the Department and/or
recipient of the services for injury damages.
MOTION: Representative Clark moved to send S 1393a to the floor with a Do
Pass recommendation. Motion carried.
Representative Clark will carry
the bill on the floor.
H 6666: Representative Wills introduced the OPOSE bill, H 6666, and proceeded
to entertain the members with his creative sense of humor, bringing levity
to the final meeting of the Committee. He also introduced his dummies,
Crash and Dopey, and let them talk to the members briefly.
ADJOURN: Prior to adjourning, Chairman Field thanked the secretary and the page
for their work during the session. She also recognized Tom Frost, Idaho
Supreme Court, with a card and cake. Mr. Frost will be retiring next
month. There will be a very informal meeting held on Friday, to be called
at the discretion of the Chair. There being no further business to come
before the Committee, the meeting was adjourned at 3:00 p.m.