2004 Ways & Means

Used to quickly introduce and/or stop legislation

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February 17, 2004
February 19, 2004
February 26, 2004

March 3, 2004
March 4, 2004
March 9, 2004
March 15, 2004
March 17, 2004
March 18, 2004
March 19, 2004 – Morning Meeting
March 19, 2004 – Afternoon Meeting
March 19, 2004 – Evening Meeting
March 20, 2004 – Noon Meeting
March 20, 2004 – Evening Meeting

DATE: February 17, 2004
TIME: 12:00 p.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Jaquet,
Boe, Henbest
ABSENT/

EXCUSED:

GUESTS:
RS 13987 Speaker Newcomb explained to the committee that this proposed
legislation is in response to an incident of mad cow disease in the state of
Washington. The diseased cow originated in a feedlot in Canada where it
ate diseased feed. Eighty-one cows came to the U.S. from that group.
Eleven have not been located, and it is assumed they have died. This RS
will give authority to the State Brand Board and the Idaho Department of
Agriculture to promulgate rules for identification of livestock, poultry and
fish and to register the premises where they are held. Such rules will
have to interface with Federal rules. It is important that the state do
everything possible to protect the health of its citizens. The Speaker
requested that the RS be sent to the House Agricultural Affairs Committee
if it is introduced by Ways & Means.
MOTION: Rep. Henbest made a motion to introduce RS 13987 and refer to the
House Agricultural Affairs Committee. Rep. Moyle stated his hesitancy
was based on the fact the RS does not state if the intent is to register all
farms and ranches or just those that handle imported livestock. Rep.
Jaquet said she would like to see that issue tightened up in the rules.
Rep. Moyle indicated he would rather see it in statute. Chairman Meyer
called for a vote, and the motion passed by voice vote.
HB 582: Without discussion, Rep. Denney made a motion to send HB 582 to the
House Revenue & Taxation Committee. By voice vote, the motion
passed.
There being no further business to come before the committee, Chairman
Meyer adjourned the meeting at 12:10 p.m.






DATE: February 19, 2004
TIME: 1:08 p.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Moyle, Ellsworth, Jaquet, Boe
ABSENT/

EXCUSED:

Representatives Denny and Henbest
GUESTS:
Chairman Meyer called the meeting to order at 1:08 p.m. Rep. Ellsworth
made a motion to accept the minutes of February 17, 2004. By voice vote
the motion passed.
RS 14161: Rep. Raybould stated this RS came from the Idaho Water Users
Association and was prompted by recent court decisions and ongoing
discussions among some Federal government agencies giving rights to
the Federal government to regulate diverted water. The legislation would
define navigable water and clarify that appropriators of such irrigation and
drainage waters have access and free control of water and can maintain
their operations. Norm Samenko, Executive Director, Idaho Water Users
Association, spoke in favor of the RS stating it needed to be made clear
that irrigation and drainage works are not natural waterways and can
continue to be operated, maintained, and repaired without obtaining a
state or federal permit.
MOTION: Rep. Moyle made a motion to introduce RS 14161 and refer it to the
Resources and Conservation Committee. Rep. Jaquet wanted to know
what was happening in other states. Mr. Samenko explained other states
have addressed the issue in statute by stating that private conveyances
diverted and constructed are under the control of appropriator. By voice
vote the motion passed.
RS 14139: Speaker Newcomb stated that in response to the threat of mad cow
disease a method of identification needed to be addressed for cattle
coming into Idaho from Canada. This proposal would add a new section
to code making it mandatory that cattle from Canada have a microchip
implanted between the cattle scapulae and bear the brand “C” on the left
hip. He noted that cattle from Mexico currently carry the brand “M” on the
left hip.
MOTION: Rep. Moyle made a motion to introduce RS 14139 and refer it to the
Agricultural Affairs Committee. By voice vote the motion passed.
RS 14074: Rep. Stevenson explained that this concurrent resolution rejects certain
rules of the Idaho Fish & Game Commission dealing with commercial
fishing on Lake Pend Oreille and taking of big game animals. Comments
centered on IDAPA rules included in this legislation referring to use of
unlicensed motorized vehicles on county roads.
MOTION: Rep. Ellsworth made a motion to introduce RS 14074 and send it to the
second reading calendar. By voice vote the motion passed. Rep. Woods
will serve as floor sponsor.
RS 14090C1: Laura Johnson, Idaho Department of Agriculture, spoke in place of Rep.
Jones, who was out of town. She stated this RS clarifies HB 391 (2003)
by defining “economically viable alternative” and makes provisions that all
agricultural field burning applies to any person conducting such burnings.
The RS only gives a definition and does not make a substantive change
to the bill. She pointed out the words deleted under Section 22-4803 (2)
(a), lines 25-26 (“In order to minimize impacts upon populated areas of
the counties designated in subsection (3) of this section”) allows this
statute to encompass all counties (state-wide) and all persons (state-wide) involved in crop burning. Questions were raised regarding the term
“state-wide” versus the counties listed in Section 3. Ms. Johnson stated
those counties listed in Section 3 still must abide by provisions mentioned
therein. She also told the committee these proposed changes have
nothing to do with pending litigation. The changes merely clarify HB 391
and mirror a determination made in July by the Idaho Department of
Agriculture Director.
MOTION: Rep. Moyle made a motion to introduce RS 14090C1 and refer it to the
Agricultural Affairs Committee. Motion passed by voice vote.
RS 14153: Charles Lempesis, lobbyist for Health Insurance Association of America,
said this is prompt pay legislation which is similar to HB 705 and HB 709
presently in a House Business sub-committee. This RS is the
association’s attempt to provide a solution for the sub-committee dealing
with the other two prompt pay bills. When asked if his association could
support the other bills, he stated they had defects that concerned his
group. Rep. Boe pointed out there was no mention of the consumer in
this RS. Mr. Lempesis stated it dealt with the health insurers and health
care professionals and providers with respect to prompt submission of
claims with a 30 day deadline for processing.
MOTION: Rep. Ellsworth made a motion to introduce RS 14153 and refer it to the
Business Committee. The motion passed by voice vote.
RS 14155: Rep. Meyer excused himself as Chairman in order to present this RS.
Rep. Ellsworth assumed the chairmanship. Rep. Meyer stated this
legislation would change the $1.00/acre of crop land burned to
$2.00/acre. This would effect any person who registers a field for
agricultural burning in 10 northern Idaho counties. This is being
requested because there wasn’t an increase in the Idaho Department of
Agriculture to fund this account.
MOTION: Rep. Moyle made a motion to introduce RS 14155 and refer it to the
Agricultural Affairs Committee.
RS 14163: Rep. Meyer assumed the chairmanship. Rep. Edmunson stated this joint
resolution would amend the Idaho Constitution to make all wildlife in
Idaho the property of the state for the benefit of the people. He noted that
anti-hunting groups in the U.S. are trying to abolish sport hunting. He
cited California cougar hunting as an example. Hunting of that animal
was abolished in California and now Fish & Game kills more cougars than
hunters ever did. Other states and some Canadian provinces have
enacted this legislation. He has the support of the Fish & Game
Commission and the Idaho Water Users Association. He stated this is a
bi-partisan issue, does not infringe on water rights, private property rights
or conservation rules, laws, etc.
MOTION: Rep. Moyle made a motion to introduce RS 14163 and refer it to
Resources and Conservation Committee. The motion passed by voice
vote.
ADJOURN: There being no further business to come before the committee, Chairman
Meyer adjourned the meeting at 1:40 p.m.






DATE: February 26, 2004
TIME: 8:00 A.M.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Jaquet,
Boe, Henbest
ABSENT/

EXCUSED:

GUESTS:
Chairman Meyer called the meeting to order at 8:00 a.m. Rep. Jaquet
made a motion to accept the minutes of February 19, 2004, with a change
in the spelling of the name “Samenko” to “Semanko.”. Motion passed by
voice vote.
RS 14177: Rep Moyle advised the committee that this proposed legislation would
enable a father, who is paying child support and finds out he is not the
biological father, to be allowed to suspend child support. He requested
the RS to referred to the Judiciary and Rules Committee.
MOTION: Rep. Jaquet made a motion to introduce RS 14177 and refer it to the
Judiciary and Rules Committee.
RS 14197: Speaker Newcomb stated the purchase of Box Canyon Springs from the
Hardy family included a stipulation that the property be known as “Earl M.
Hardy Box Canyon Springs Nature Preserve.” It has been six years since
the purchase and this RS will carry forth the terms of the contract. He
requested the RS be referred to the Resources and Conservation
Committee.
MOTION: Rep. Jaquet made a motion to introduce RS 14197 and refer it to the
Judiciary and Rules Committee. Motion passed by voice vote.
RS 14181: Rep. Henbest stated this concurrent resolution would establish a new
legislative standing committee on health care. She stated she currently
serves on the Health Care Task Force, which meets irregularly, deals with
health and welfare public funding and regulatory issues, and licensees.
Presently there is no consistent forum for these issues.
MOTION: Rep. Jaquet made a motion to introduce RS 14181 and send it to the
committee decided upon by the Speaker.
RS 14182: Rep. Black told the committee the concurrent resolution recognizes all
institutions of higher education in Idaho, welcomes the new Boise State
President, Robert Kustra, and University of Idaho President, Timothy
White. In addition, the bill would thank Gary Michael, Acting President of
University of Idaho. Rep. Black had hoped this concurrent resolution
would be before the House prior to this date because the installation of
Boise State’s president will occur February 27, 2004.
MOTION: Rep. Jaquet made a motion to introduce RS 14182, refer it to the second
reading calendar, and make a correction to the Statement of Purpose
changing the spelling of “Michaels” to “Michael.” By voice vote the motion
passed. Reps. Black and Debbie Field will serve as co-floor sponsors.
RS 14187: Mike Nugent, Legislative Services, stated this legislation is commonly
referred to as the “Drop Dead Bill.” Through statute the Legislature has
the ability to amend or reject rules, but such rules must be adopted on a
yearly basis.
MOTION: Rep. Ellsworth made a motion to introduce RS 14187 and send it to the
second reading calendar. By voice vote the motion passed. Rep.
Ellsworth will serve as floor sponsor.
RS 14193: Jack Lyman, lobbyist for the Idaho Manufacturing Housing Association,
stated Rep. Ringo brought forth legislation requesting a change in the
notice period required when a mobile home park ceases operation.
Currently the notice period is 120 days. Rep. Ringo proposed increasing
the time period to 300 days. A compromise has been reached changing
120 days to 180 days. Mr. Lyman asked that the Statement of Purpose
be corrected to include the organization he represents.
MOTION: Rep. Ellsworth made a motion to introduce RS 14193, refer it to the
Business Committee, and correct the Statement of Purpose as requested
by the sponsor.
RS 14199: Dar Olberding, representing the Idaho Grain Producers Association,
stated all parties involved in this legislation agree with this version. HB
679
has proved to be totally unacceptable. He stated this is a technical
bill and remedies problems with feed sellers obtaining certain credit
information from the buyer of the feed. He also asked that the Statement
of Purpose be changed; paragraph 2, last line, the word “sell” be changed
to “seller.”
MOTION: Rep. Moyle made a motion to introduce RS 14199, refer it to the
Agricultural Affairs Committee, and change the Statement of Purpose as
requested by the sponsor. Rep. Moyle advised the committee he has
been involved with this and because all the parties are in agreement, he
felt it was a good piece of legislation. By voice vote the motion passed.
RS 14207: Chairman Meyer handed the gavel to Rep. Jaquet, who served as
Chairman during Rep. Meyer’s presentation of this RS. Rep. Meyer
reminded the committee that a similar RS was brought before the
committee on February 19, 2004. However, he pointed out that RS did
not include an emergency clause. The emergency clause is necessary so
that farmers would not pay the current registration fee prior to the July 1,
2004, when all new laws will go into effect.
MOTION: Rep. Moyle made a motion to introduce RS 14270 and refer it to the
Agricultural Affairs Committee. Motion passed by voice vote.
Rep. Meyer resumed the position of Chair. He advised Rep. Boe, who
questioned why so many RS’s were coming to the Ways & Means
Committee rather than a privileged committee, that the number has
substantially dropped from last year and by increasing the number of Rs’s
per meeting it has cut down the number of meetings.
ADJOURN: There being no further business to come before the committee, Chairman
Meyer adjourned the meeting at 8:20 a.m.






DATE: March 3, 2004
TIME: 12:20 p.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Ellsworth, Jaquet, Boe,
ABSENT/

EXCUSED:

Rep. Moyle, Rep. Henbest
GUESTS:
Chairman Meyer called the meeting to order at 12:20 p.m. Rep. Jaquet
made a motion to adopt the minutes of February 26, 2004. Motion
passed by voice vote.
RS 14179C1: Speaker Newcomb stated this joint memorial would be sent to the
Governor and our Attorney General supporting their intervention in
litigation now before the Federal court. The litigation has been brought by
fishing groups claiming the biological opinion of the Bureau of
Reclamation projects in the upper Snake River Basin is illegal and should
be set aside. The state’s case expresses our position which allows
427,000 acre feet of water downstream for flow augmentation down the
Snake River under a willing buyer-seller program. Rep. Jaquet asked for
clarification of a past resolution regarding the 427,000 acre feet. Mr.
Speaker acknowledged such a resolution which was still in effect, and
reiterated that this RS deals with the pending litigation. In response to
Rep. Jaquet’s questions regarding consultations with other groups, Mr.
Speaker stated that those who met this summer could not reach
consensus regarding the lawsuit nor does the RS interfere with
negotiations between local environmental groups.
MOTION: Rep. Denney made a motion to introduce RS 14179C1 and refer it to the
Resources and Conservation Committee. Rep. Jaquet noted she would
vote for this motion because she felt some portions of the legislation were
correct and because the RS would have a full hearing in Resources and
Conservation. The motion passed by voice vote.
RS 14180: Speaker Newcomb stated this joint memorial would be sent to various
delegations and government entities asking for recognition of the need for
additional water to meet the needs of our state. Additionally, it requests
creation of more water storage to reduce the pressure on the upper
Snake River basin. Mr. Speaker mentioned the proposed reservoir in
Rep. Denney’s district (District 9) which would provide more power and
fish flow and reduce the pressure on the above-mentioned area.
MOTION: Rep. Denney made a motion to introduce RS 14180 and refer it to the
Resources and Conservation Committee. By voice vote the motion
passed.
RS 14222: Rep. Sali stated this concurrent resolution rejects certain pending
administrative rules of the Department of Health & Welfare. This RS was
a committee decision with a request to send it to the second reading
calendar.
MOTION: Rep. Ellsworth made a motion to introduce RS 14222 and send it to the
second reading calendar. By voice vote the motion passed. Rep. Sali will
serve as floor sponsor.
RS 14225: Rep. Bolz stated this RS deals with mad cow disease and other
organisms. It allows the Department of Agriculture to promulgate rules for
the identification of livestock, poultry and fish and register the premises
where they are held. Currently legislation is being proposed at the
Federal level, and states need to be prepared to comply with the Federal
legislation. Rep. Jaquet questioned exemption from the Public Records
Act database as mentioned on page 1, beginning with line 23. Rep. Bolz
asked the Chair to recognize John Chatburn, Idaho Department of
Agriculture, who could answer that question. Mr. Chatburn explained
there were approximately four bills in Congress which would restrict that
information from the Freedom of Information Act and thus states would
have to comply. In addition, Homeland Security does not want the
information available to the public based on fears of bio-terrorism
(protecting livestock production areas).
MOTION: Rep. Denney made a motion to introduce RS 14225 and refer it to the
Agricultural Affairs Committee. By voice vote the motion passed. At the
request of Rep. Jaquet, Mr. Chatburn stated he would provide the
Agriculture Department with a copy of the bill going through Congress
which has gathered the most support. He also told the committee that the
ground truthing would be handled by the state and sent to a Federal
repository.
RS 14232: Rep. Bedke said this legislation deals with the make-up of the Idaho Beef
Council so that it would be more broad-based. In Section 1 the number of
members would be reduced from eight to seven consisting of two
dairymen, three beef producers and two cattle feeders and one
marketman shall serve as an ex-officio, non-voting member. Section 2
imposes term limits similar to other committees whose members are
gubernatorial appointees. Section 3 adds to some of the duties and
powers of the council. Section 4, which he stated is the most important,
deals with the National Beef Council check-off. Should the National Beef
Council lose a current court case, the check-off will be null and void. In
that event the assessment will be increased from $.50 to $1.00 per head
of beef. Because the assessment can curtail free speech rights, a refund
of the full amount would be allowed if requested in writing. Rep. Jaquet
asked if the severability clause was added because of the lawsuit. Rep.
Bedke replied in the affirmative.
MOTION: Rep. Jaquet made a motion to introduce RS 14232 and refer it to the
Agricultural Affairs Committee. The motion passed by voice vote.
ADJOURN: There being no further business to come before the committee, Chairman
Meyer adjourned the meeting at 12:40 p.m.






DATE: March 4, 2004
TIME: 12:10 p.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Ellsworth, Jaquet, Boe,
Henbest
ABSENT/

EXCUSED:

Rep. Moyle
GUESTS:
Chairman Meyer called the meeting to order at 12:10 p.m. Rep. Henbest
made a motion to accept the March 3, 2004, minutes as written. Motion
passed by voice vote.
RS 14245: Speaker Newcomb reminded the committee they had heard a previous
version of this legislation. He advised the committee that the USDA
requested the “C” brand, which indicates the cattle originated in Canada,
be placed on the neck rather than the hip. The reason for this change is
that a hip brand is much easier to change. Also, the USDA requested the
microchip, which originally was to be placed in the left shoulder of the
cattle, be changed to a radio frequency identification device and placed in
an ear of the cattle. This change was requested because there was a
fear the shoulder chip could end up in meat such as hamburger.
MOTION: Rep. Henbest made a motion to introduce RS 14245 and refer it to the
Agricultural Affairs Committee. By voice vote the motion passed.
RS 14241: Rep. Henbest stated this RS was in response to an incident in which a
person, who received inappropriate medication while a patient in St.
Alphonsus Medical Center’s emergency room, died. Rep. Henbest asked
the Chair to recognize Roy Eiguren, counsel for St. Al’s. Mr. Eiguren
stated that the Idaho Hospital Association, the Idaho Nurses Association,
professional medical licensing boards and St. Al’s met with Jim Jones,
attorney for the deceased. All parties met in order to develop this bill
because there were problems with HB 657. The Health & Welfare
Committee asked that this RS be heard by Ways & Means and sent to the
second reading calendar. The legislation states that an employer of a
health care provider (doctors, nurses, etc.) must report an employee who
voluntarily or involuntarily is terminated for misappropriation of a
controlled substance to the appropriate licensing board. This information
will be made available, upon written request, to any potential employer of
a health care provider. Such information is to be kept confidential by the
prospective employer. Also, the licensing board must keep a record of
such employees for fifteen years.






MOTION:





Rep. Jaquet made a motion to introduce RS 14241 to send it to the
second reading calendar. The motion passed by voice vote. Rep.
Henbest will serve as floor sponsor.
RS 14249: Rep. Block advised the committee that many of Idaho’s farm machinery
dealers are family-owned businesses. These dealers are concerned
because consolidations, mergers, and financial pressures within the farm
equipment industry have resulted in threatened and actual dealer
cancellations or terminations. Such action has been done without
provisions by the manufacturer for compensation to the dealer. The
existing Idaho Code, section 28-23-101 to 105 contains buy-back statutes
and dealer protection statutes. This legislation would update those
statutes to include items related to today’s farm equipment that were not
in use at the time the statutes were written. Additionally, the dealer
protection statutes need to be updated. Chairman Meyer advised the
committee this RS replaces HB 703 because there were so many
amendments it was decided to start with new legislation.
MOTION: Rep. Ellsworth made a motion to introduce RS 14249 and refer it to the
Business Committee. The motion passed by voice vote.
ADJOURN: There being no further business, Chairman Meyer adjourned the meeting
at 12:25 p.m.






DATE: March 9, 2004
TIME: 12:03 p.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Boe,
Henbest
ABSENT/

EXCUSED:

Rep. Jaquet
GUESTS:
Chairman Meyer called the meeting to order at 12:03 p.m. Rep. Henbest
made a motion to accept the minutes of March 4, 2004, as written.
Motion passed by voice vote.
RS 14254: Rep. Sali stated this joint memorial, which deals with accreditation of
nursing homes, will be sent to our congressional delegation if legislation is
passed. This RS would allow skilled nursing facilities the ability to choose
“deemed status” under Medicare and Medicaid programs. “Deemed
status” allows such a facility to chose to undergo independent
accreditation by an independent organization (example: JCAHO-Joint
Commission on Accreditation of Health Care Organizations). Rep. Sali
advised the committee this issue came before the Health & Welfare
Committee, and they requested this legislation be sent to the second
reading calendar.
MOTION: Rep. Henbest made a motion to introduce RS 14254 and send it to the
second reading calendar. By voice vote the motion passed. Rep. Sali will
be floor sponsor.
RS 14261: Rep. Moyle stated that over the years there have been many legislators
who have served several years in the Legislature and gone on to work for
state government in a position of higher pay for a few years prior to
retirement. Their retirement is based on the years of higher pay and
legislative time is included in that calculation. In order to prevent the use
of legislative time for retirement calculations, this legislation would allow
the benefit calculation for legislative service be treated separately from
other PERSI qualified employment. Rep. Henbest questioned the
Statement of Purpose which states there would be no fiscal impact. Rep.
Moyle agreed there would be a future benefit to PERSI since a legislator
would not be counted as a full time state employee while serving in the
Legislature.
MOTION: Rep. Henbest made a motion to introduce RS 14261 and send it to the
Commerce & Human Resources Committee. Motion passed by voice
vote.
ADJOURN: There being no other business to come before the committee, Chairman
Meyer adjourned the meeting at 12:10 p.m.






DATE: March 15, 2004
TIME: 12:00 p.m.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Ellsworth, Boe, Henbest
ABSENT/

EXCUSED:

Reps. Moyle and Jaquet
GUESTS:
Chairman Meyer called the meeting to order at 12:00 p.m. Rep. Boe
made a motion to accept the minutes as written. By voice vote the motion
passed.
RS 14279: Rep. Smylie presented this RS to the committee. He told the committee
of his trip during the summer to Spain including the Basque country area.
The Madrid train station that was bombed on March 11, 2004, was one he
had traveled through several times during the visit. As of today’s date
over 200 people had died in that attack. He requested the RS, which
expresses Idaho’s condolences to the people and government of Spain
as well as condemns the terrorist attacks, be sent to the second reading
calendar. He requested that lines 14-16 be omitted.
MOTION: Rep. Boe made a motion to introduce RS 14279 omitting lines 14-16 and
send it to the second reading calendar. The motion passed by voice vote.
ADJOURN: There being no further business to come before the committee, Chairman
Meyer adjourned the meeting at 12:10 p.m.






DATE: March 17, 2004
TIME: 12:57 P.M.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Ellsworth, Jaquet, Boe,
Henbest
ABSENT/

EXCUSED:

Rep. Moyle
GUESTS:
Chairman Meyer called the meeting to order at 12:57 p.m. Rep. Henbest
made a motion to accept the minutes of March 15, 2004, as written with a
correction to line two, after the words “the minutes” adding “of March 9,
2004.” By voice vote the motion passed.
RS 14282C1: Rep. Raybould stated this concurrent resolution will expand upon the
duties of the committee assigned to study natural resource issues to
include water issues. This resolution will expand the membership of the
committee by including technical experts in hydrology, engineering,
economics and law. This is needed to comply with the terms of the
agreement reached this week between water users and the State of
Idaho. Rep. Jaquet asked for clarification of line 40, which addresses
expansion of the committee, and whether that also means additional
legislators. Rep. Raybould answered in the affirmative.
MOTION: Rep. Jaquet made a motion to introduce RS 14282C1 and send it to the
second reading calendar. Motion passed by voice vote.
SCR 132: Rep. Langhorst explained this interim committee request would deal with
public transportation issues that were previously handled by a task force.
In addition, the committee would also study air quality issues that were
introduced in the House this session. Rep. Boe asked why this was being
handled by an interim committee rather than the task force. Rep.
Langhorst stated it is felt an interim committee would be able to draw
members from the entire state because these are statewide issues not
just pertinent to the Treasure Valley.
MOTION: Rep. Jacquet made a motion to send SCR 132 to the second reading
calendar. Motion passed by voice vote.
ADJOURN: There being no further business to come before the committee, Chairman
Meyer adjourned the meeting at 1:05 p.m.






DATE: March 18, 2004
TIME: 12:25 P.M.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Moyle, Ellsworth, Jaquet, Boe,
Henbest
ABSENT/

EXCUSED:

Rep. Denney
GUESTS:
Chairman Meyer called the meeting to order at 12:25 p.m. Rep. Jaquet
made a motion to adopt the minutes of March 17, 2004, with a correction
to the fourth line from the bottom of page 1 changing the spelling of
“Jacquet” to “Jaquet.” Motion passed by voice vote.
RS 14265: Rep. Cuddy stated this RS has the AG’s recommendation and approval of
the second floor. This memorial supports the Power Council’s
recommendation that newer and more astute science be used to
determine the amount of water needed for fish flush in the Columbia River
drainage system. Presently the opinion is that the water sent through the
system is wasteful and not an asset to salmon. He advised the committee
that the Bonneville Power Administration has estimated the cost of water
enhancement during the months of July and August is approximately $77
million. He asked that the RS be sent to the second reading calendar.
MOTION: Rep. Moyle made a motion to introduce RS 14265 and send it to the
second reading calendar. Rep. Jaquet asked if the purpose of this
legislation is to ask Congress for a new biological opinion. Rep. Cuddy
answered in the affirmative. Rep. Boe asked when the first evaluation
was done. Rep. Cuddy stated he thought it was back in the 1980’s. He
gave the ocean condition on fish as an example of newer science which
purports that the ocean is much more a contributor to the fish population
than previously thought. This idea was not considered when the first
biological opinion was given. There being no further discussion,
Chairman Meyer called for a vote. By voice vote the motion passed.
ADJOURN: There being no further business to come before the committee, Chairman
Meyer adjourned the meeting at 11:33 p.m.






DATE: March 19, 2004
TIME: 9:05 A.M.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Jaquet,
Boe, Henbest
ABSENT/

EXCUSED:

GUESTS:
Chairman Meyer called the meeting to order at 9:05 a.m. Rep. Jaquet
made a motion to accept the minutes of March 18, 2004, as written.
Motion passed by voice vote.
RS 14287: Rep. Wood stated this 2477 rights-of-way legislation would provide for a
pilot project. Michael Bogert, Governor’s office, was introduced by Rep.
Wood. He advised the committee this legislation was the product of talks
between several parties and was to be used as a discussion tool following
this legislative session. The bill would allow for a 2477 rights-of-way pilot
project for counties of a population under 8,000 if an ordinance is passed
instituting a procedure for decision and documentation. Mr. Bogert
commended Rep. Wood for her leadership on this issue.
MOTION: Rep. Henbest made a motion to introduce RS 14287. By voice vote the
motion passed.
RS 14290: Rep. Wood advised the committee that in discussions with the Attorney
General’s office and the Office of the Treasurer this bill is needed in order
to provide funds for the promotion of the upcoming silver medallion. This
legislation will add the word “promotion” to HB 415 regarding this subject,
and provides $10,000.00 to the Treasurer’s office for that purpose. Rep.
Jaquet requested that Rep. Wood give an accounting of monies raised
from the 2003 medallion during the Floor debate on the RS before the
committee. Rep. Henbest asked if the original appropriation had been
repaid. Rep. Wood stated the money would be repaid in June as was
stipulated in HB 415.
MOTION: Rep. Jaquet made a motion to introduce RS 14290 and send it to the
second reading calendar. By voice vote the motion passed. Rep. Wood
will be floor sponsor.
RS 14291C1: Rep. Wood stated this legislation makes an appropriation for the
production of and costs relating to the sale of the 2004 silver medallions.
When the $80,000.00 is paid back to the general fund for last year’s
medallion, there will not be enough funds available for the 2004
medallion. Therefore, $30,000 from the general fund for purchase of the
silver and $10,000.00 from dedicated funds for promotion will be allocated
to the Treasurer’s office.
MOTION: Rep. Henbest made a motion to introduce RS 14291C1 and send it to the
second reading calendar. Motion passed by voice vote. Rep. Wood will
be floor sponsor.
ADJOURN: There being no further business to come before the committee, the
meeting was adjourned at 9:15 a.m.






DATE: March 19, 2004
TIME: 1:50 P.M.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Moyle, Ellsworth, Jaquet, Boe,
Henbest
ABSENT/

EXCUSED:

Rep. Denney
GUESTS:
Chairman Meyer called the meeting to order at 1:50 p.m.
RS 14292: Rep. Deal stated this resolution would allow the Public Utilities
Commission (PUC) to study the regulation of telecommunications
services. The study would determine the state of telecommunications
competition in rural and urban Idaho and options for an industry in
transition. These findings would be reported back to the Legislature in
2005. Rep. Henbest questioned lines 18-20 which referred to the number
of Idaho citizens receiving local telephone service from cell phone
companies. Rep. Deal stated the number used, 539,000, was a
guesstimate based on 2002 statistics. Rep. Jaquet brought up the issue
of telephone competition in the Burley area. Rep. Deal felt the issue was
much more broad based. He felt lines 18-20 were the heart of the
discussion. Rep. Ellsworth asked how this study would be different from
what the PUC handled before. Rep. Deal felt some information was not
taken into consideration when the PUC made their decision about de-regulation by Qwest; ie. Boise State University study on alternate sources
of communication. Rep. Ellsworth said she would like to see language in
this study which would include an exchange-by-exchange study of the
number of cell phones in use. Rep. Jaquet raised the question of cost to
the PUC to fund this study. Rep. Deal stated the PUC felt the study
needed to be done and cost was not a concern. It was the consensus of
the committee to recess to study the wording of the RS. Chairman Meyer
recessed the committee at 2:05 p.m.
Chairman Meyer called the meeting to order at 2:20 p.m. Rep. Deal
requested that the committee return the RS to the sponsor.
MOTION: Rep. Moyle made a motion to return RS 14292 to the sponsor. By voice
vote the motion passed
ADJOURN: There being no further business to come before the committee, Chairman
Meyer adjourned the meeting at 2:23 p.m.






DATE: March 19, 2004
TIME: 6:20 P.M.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Jaquet,
Boe, Henbest
ABSENT/

EXCUSED:

GUESTS:
Chairman Meyer called the meeting to order at 6:20 p.m. Rep. Jaquet
made a motion to accept the minutes of March 19, 2004 (9:05 a.m. and
1:50 p.m.) as written. Motion passed by voice vote.
RS 14293: Rep. Stevenson stated Clive Strong, Attorney General’s office, and Karl
Dreher, Director, Department of Water Resources, advised him a
correction had to be made to include persons outside of a ground water
district so they may be a part of a mitigation plan in accordance with HCR
56
.
MOTION: Rep. Jaquet made a motion to introduce RS 14293 and send it to the
second reading calendar. She stated she had received a call from the
Mayor of Carey concerned about people who could lose their water as of
April 1. Motion passed by voice vote.
ADJOURN: There being no further business to come before the committee, Chairman
Meyer adjourned the meeting at 6:25 p.m.






DATE: March 20, 2004
TIME: 12:10 P.M.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Jaquet,
Boe, Henbest
ABSENT/

EXCUSED:

GUESTS:
Chairman Meyer called the meeting to order at 12:10 p.m. Rep. Henbest
made a motion to accept the minutes of March 19, 2004, (6:20 p.m.) as
written. Motion passed by voice vote.
RS 14294: Rep. Stevenson advised the committee that last evening he was told by a
group of lawyers the state was still at risk on the water issue. After
discussions between Department of Water Resource lawyers, someone
from second floor and the Speaker, they felt this RS would solve the
problem. With this legislation, if someone doesn’t sign the stipulation, this
gives the Director of Water Resources the ability to continue the water
flow for a year without shutting off holders of junior ground water rights.
MOTION: Rep. Moyle made a motion to introduce RS 14294 and send it to the
second reading calendar. Rep. Denney remarked this bill provides
legislative intent in Session Laws but will not be in Idaho Code. By voice
vote the motion passed. Representatives Stevenson and Raybould will
be floor sponsors.
ADJOURN: There being no further business to come before the committee, Chairman
Meyer adjourned the meeting at 12:15 p.m.






DATE: March 20, 2004
TIME: 5:00 P.M.
PLACE: Room 311
MEMBERS: Chairman Meyer, Representatives Denney, Moyle, Ellsworth, Jaquet,
Boe, Henbest
ABSENT/

EXCUSED:

GUESTS:
Chairman Meyer called the meeting to order at 5:00 p.m. Rep. Ellsworth
made a motion to accept the minutes of March 20, 2004 (12:10 p.m.) as
written. By voice vote the motion passed.
Chairman Meyer thanked the committee for their hard work. and
expressed his pleasure in working with the members.
ADJOURN: There being no further business to come before the committee, Chairman
Meyer adjourned the meeting at 5:01 p.m.