January 14, 2004
January 19, 2004
January 21, 2004
January 23, 2004
January 26, 2004
January 28, 2004
January 30, 2004
February 2, 2004
February 4, 2004
February 6, 2004
February 9, 2004
February 11, 2004
February 13, 2004
February 16, 2004
February 18, 2004
February 20, 2004
February 23, 2004
February 25, 2004
February 27, 2004
March 1, 2004
March 3, 2004
March 5, 2004
March 8, 2004
March 10, 2004
March 15, 2004
DATE: | January 14, 2004 |
TIME: | 1:30 p.m. |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Darrington, Vice Chairman Lodge, Senators Sorensen, Richardson, Bunderson, Davis, Sweet, Marley, Burkett |
MINUTES: | There were no minutes to approve, as this is the first meeting of the session. |
Welcome: | Dian Walton was introduced as the committee page for the first half of the session. Dian is from Emmett High School and is already doing a great job for the committee. Senator Darrington welcomed the committee back and explained that Chief Justice Trout sends an annual letter to the Court noting the defects in the law. The following legislation is to correct those defects. |
RS13558 | Tom Frost, Idaho Supreme Court introduced this legislation relating to victim restitution. This bill provides that any restitution ordered for a crime victim shall have priority over any payment the defendant is ordered to pay to a governmental entity. Section 20-614(7) requires a payment to a governmental entity, i.e., reimbursement of jail confinement costs. |
MOTION: | Senator Sorensen made a motion to send RS13558 to print. Second was by Senator Marley and the motion carried by a voice vote. |
RS13559 | This bill, presented by Tom Frost, amends Section 37-2738 which authorizes the waiver of substance abuse evaluations with respect to certain first-time drug offenses, and also adds the non-narcotic misdemeanors as first-time offenses which qualify for a waiver. This bill is anticipated to have a positive impact on local funds by eliminating costs associated with unnecessary evaluations that otherwise would be borne by county governments. There is no change in the penalties of a crime, merely a procedural change for judges to waive unnecessary evaluations. |
RS13559 | Senator Sorensen made a motion to send RS13559 to print. Second was by Senator Lodge and the motion carried by a voice vote. |
RS13561 | Tom Frost told the committee that this bill amends various sections of the Idaho Code to correct the outdated references to the Youth Rehabilitation Act, which was replaced by the Juvenile Corrections Act in 1995. |
MOTION: | Senator Lodge made a motion to send RS13561 to print. Second was by Senator Sorensen and the motion carried by a voice vote. |
RS13564 | Heather Reilly, Deputy Ada County Prosecuting Attorney presented this legislation for Bill Douglas, Kootenai Co. Prosecuting Attorney. This legislation is to create a means by which statewide recognition will be given for extraordinary acts of valor and heroism by firefighters and police. The fiscal impact of this law will be minimal and may include travel and lodging for the eight committee members, depending on how many will have to travel to the semi-annual meeting. In addition, the cost of the casting of the initial medallions is anticipated. Senator Richardson asked what the cost of this would be. Ms. Reilly replied that Mr. Douglas was hoping that this could be accomplished by donation. Senator Bunderson felt that the fiscal impact statement should be clear as to who pays for it. Senator Sorensen asked if the committee could meet via teleconference and save some expense. Senator Burkett was concerned with the term “Medal of Honor” and wondered if the use of that term was cleared through the Pentagon. Ms. Reilly said this was patterned after similar legislation from Washington State, and there wasn’t a concern about the term. Senator Bunderson suggested that the word “Idaho” be put in front of “Medal of Honor”. Senator Lodge asked why they needed to meet semi-annually when they meet Senator Darrington suggested that with the concerns expressed by the |
MOTION: | RS13564 was returned to Heather Reilly for correction and consultation with Mr. Douglas to be returned to the committee at a later committee meeting. |
RS13620 | Heather Reilly also presented this legislation to clarify Idaho’s current forgery statute. This includes falsely making, altering, forging counterfeiting or uttering, publishing, passing to attempting to pass, as true and genuine with the intent to defraud counterfeit money. Law enforcement and prosecutors throughout the state currently investigate and file charges under this code section when a suspect passes fake United States Currency. The crime of making and passing counterfeit currency is a common occurrence in the cities and counties throughout Idaho and this problem needs to be continually addressed at the local level. This code section provides for a misdemeanor penalty which is contrary to the other forgery and counterfeiting statues, that provides for felony punishment. Senator Davis felt it would be important, possibly as Section 1 to incorporate federal reserve notes, and United States currency. He felt that adding this to the actual bill would alleviate the fear that defense counsel would argue the intent, and find this was the way it was being done all along. It should not appear in Idaho Code, but in the bill itself. He felt this would be the right way and avoid the need to appeal. |
MOTION: | Senator Davis made a motion to send RS13620 to print. Second was by Senator Sorensen and the motion carried by a voice vote. |
Adjourn: | Meeting was adjourned at 2:10 p.m. |
DATE: | January 19, 2004 |
TIME: | 1:30 p.m. |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Darrington, Vice Chairman Lodge, Senators Sorensen, Richardson, Bunderson, Davis, Sweet, Marley, Burkett |
MEMBERS ABSENT : |
Senator Marley |
MINUTES: | Senator Lodge made a motion to accept the minutes of January 14 as corrected. Second was by Senator Sorensen and motion carried by a voice vote. |
GUBERNATORIAL APPOINTMENT | |
Carolyn Meline – appointed to the State Board of Corrections to serve a term commencing August 6, 2003 and expiring January 1, 2009 |
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Ms. Meline has been a County Commissioner for 21 years and 3 months. She most recently was a Southeast Idaho District Health Board member. She has served as the chair of the regional juvenile facility training in jail crises, and feels that she is familiar with what is going on in this area. She has been to the drug court system, and listened to the budget proposal, as she will be able to work on the budget next year if appointed. She is the Democrat appointment to the Board of Corrections as per the law. When asked by Senator Darrington if she supported the death penalty, she responded that she did, but help is needed to move us into a different circuit, as it is too costly to keep inmates on death row. Ms. Meline would like to see another 120 beds and get the cap lifted on the number of inmates that can be housed. Senator Sorensen asked her about “good time” that can get an inmate out quicker. She felt that the cooperation of judges and attorneys is needed to cooperate to move prisoners, especially older ones to a less strict work involved in this and she will put time in for St. Anthony, and work centers in her area, as she has spent a lot of time with “Sisters” in the women’s prison in Pocatello. Senator Richardson asked her what goal she was working toward, and she answered that she would like to see the inmate get some kind of treatment before they are first incarcerated. She would like to see them work while being treated. She also felt they needed a facility for mental patients. Senator Bunderson asked her about funding of drug courts, and the Senator Sweet asked her to identify one critical issue for Corrections in the Senator Burkett asked if it costs less to house inmates at a work center, and Seator Darrington asked what the role of the Department of Correction is as Senator Darrington told the committee that the confirmation of Ms. Meline |
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Rules Review was conducted by Vice Chair, Senator Patti Anne Lodge | |
RULES REVIEW Commission for Pardons and Parole |
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Olivia Craven, Executive Director of the Commission. This rule confers a benefit to the State of Idaho and its citizens and has been revised and expanded to include placing parolees, who meet certain criteria, on unsupervised parole. This saves the state the cost of supervision, while the parolee is monitored for repayment of fines, fees and court ordered restitution. They have collected more money in restitution in the past four years than in all the previous years, and they feel a parole officer should be doing something else besides collecting money. Ms. Craven reported that they would like to put parolees who have done well, but still owe restitution, in this status. Other categories are being looked at also. This would allow minimal monitoring and free up an expensive parole officer to work with those needing their assistance. Senator Lodge opened the rules review to questions. Senator Sorensen Senator Davis asked who would monitor these payments, if parole officers Senator Bunderson asked what kind of an increase in workload is being Senator Sorensen asked if the driving force behind this was cost and Ms. Senator Lodge thanked Ms. Craven for presenting the rules and noted that |
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Report and update of Commission – Olivia Craven, Executive Director | |
Senator Darrington asked Ms. Craven to give a report of the Commission and keep in mind the question of Senator Bunderson as to the workload of the parole/hearing officers. Ms. Craven introduced Connie Morgan who manages the hearing process for Last year 2026 parole hearings were held; an increase of 210 from 2002. The Commission has the authority to reinstate parolees back to parole at any Warning letters are issued in many cases to try to avoid the issuance of a There are some big issues for the Commission. Over the past 12 months, Previous to this fiscal year, the IDOC caseworkers had to provide a progress The hearing officers interview\hearing is open to the public and allows for With the addition of the new administrative assistant, the length of time it was In summary, The Commission’s authority is to determine who goes on parole; |
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Ms. Craven told the committee that in the future they need to look at the management of the Commission as she is not going to work forever. Senator Darrington voiced concern over her workload and felt she needed an assistant. |
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Senator Darrington thanked Ms. Craven for meeting with the committee today and said that the committee would vote to approve the rules at the next committee meeting on Wednesday, January 21. |
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Adjournment | Meeting was adjourned at 2:40 p.m. |
DATE: | January 21, 2004 |
TIME: | 1:30 p.m. |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Darrington, Vice Chairman Lodge, Senators Sorensen, Richardson, Bunderson, Davis, Sweet, Marley, Burkett |
MEMBERS
EXCUSED: |
Senator Marley |
MINUTES: | Senator Richardson made a motion to accept the minutes of January 19th as written. Second was by Senator Lodge and the motion carried by a voice vote. |
COMMITTEE
VOTE on |
Senator Lodge made the recommendation that the appointment of Carolyn Meline be approved tot he Board of Corrections. Second was by Senator Sorensen and the recommendation will be passed to the full Senate. |
COMMITTEE
VOTE on |
Senator Sorensen made a motion to accept the rules of the Pardons and Parole Commission as presented. Second was by Senator Lodge and the motion carried by a voice vote |
RS13443C1 | Brent Reinke, Dept. of Juvenile Corrections presented this bill that will make some technical corrections and update the Juvenile Corrections Act by 1) removing all references to forestry camps, 2) clarifying that programs should be research based, and 3) clarifying reimbursement to counties for holding juveniles committed to the state. Also there is a provision for transportation of certain apprehended juveniles to the department’s nearest regional facility. |
MOTION: | Senator Davis made a motion to send RS13443C1 to print. Second was by Senator Sorensen and the motion was carried by a voice vote. |
Senator Darrington turned the meeting over to Senator Lodge to conduct the rules review for the Office of the Attorney General. |
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RULES REVIEW: |
Office of the Attorney General. |
Brett DeLange, Deputy Attorney General, Consumer Protection Unit presented Docket 04.20.01, rules implementing the Idaho Tobacco Master Settlement Agreement Complementary Act. He explained that it was the tobacco settlement that prompted the Attorney General’s office to promulgate rules, which are necessary to effectively implement and enforce Idaho’s Tobacco Master Settlement Agreement Complementary Act, effective July 1, 2003. This rule was adopted to effect the purposes for which the Legislature adopted this Act, which is to prevent violations of Idaho’s Tobacco Master Settlement Agreement Act and thereby safeguard the master settlement agreement, the fiscal soundness of the State and the public health. The temporary rule and the proposed rule have been amended to clarify the The office has not received any objection from stampers or tobacco Senator Sorensen asked what happens to the money for the nonparticipating |
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MOTION: | Senator Sorensen made a motion to approve the rules of the Office of the Attorney General as presented. Second was by Senator Sweet and the motion carried by a voice vote |
RULES REVIEW: |
Sexual Offender Classification Board |
Kathy Baird, Management Assistant to the Board presented Docket 57-0101-0401, IDAPA 57. Last year, she presented a legislative proposal that effected the certification of sex offender evaluators. The existing law required the courts to determine whether these evaluators were qualified, under the standards that the Sexual Offender Classification Board was originally mandated to set. That bill also provided authority for the board to promulgate administrative rules to carry out the certification process and other responsibilities. IDAPA 57 which is temporary and proposed rules, is the result of last year’s legislation. They need the approval of the legislature to remain in effect until completion of the pending rules process and finalization next year. This is the first time that the Sexual Offender Classification Board has presented rules and several terms needed to be defined. |
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There was a great deal of discussion among the committee, board members staff and legal counsel as to the definition of violent. Ms. Baird pointed out that the definition for violent was included because of the misperception that a Violent Sexual Predator has hurt or maimed the victim, where in reality sexual offenses in and of themselves are violent acts against another person. _____________________. Senator Davis agreed that it is good to define “violent”, and wondered if the Senator Burkett felt that the definition of “predator” be looked at also, as most |
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MOTION: | Senator Darrington made a motion to not approve the Rules for the Sex Offender Classification Board. Second was by Senator Sorensen and the motion carried by a voice vote. |
Senator Darrington told the committee that they still reserve the right to approve the rules at a later date. The reason they are not being approved today is due to the definition of “violent” and “predator” and also because public hearing on the rules is being held on February 21 to hear comments and evaluate them. |
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GUBERNATORIAL APPOINTMENT | |
Dr. Gary O. Horton – re-appointed to the Sexual Offender Classification Board to serve a term commencing January 1, 2004 and expiring January 1, 2010. |
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Dr. Horton has been on the Board for 4 years, has been chair for 2 years and is now asking to be re-appointed for a six year term. He has served on the Association for the Treatment of Sexual Abusers, (ATSA Board). He has also been board member for the Region 6 Mental Health, where he also served as chairman. He holds a Masters from Oregon State University and a PhD from the University of Oregon. He is a psychologist for the Center for Human Relations and Behavioral Reform in Pocatello. Senator Darrington asked Dr. Horton about how many VSP’s are designated Senator Darrington asked how many of these are true pedophiles in Senator Lodge asked if the number of offenders was growing or is a better Senator Sorensen asked what happens when they go into society tagged as Senator Davis expressed concern about sex offenders and pornographic Dr. Horton responded that pornography is usually a high factor in most sexual Dr. Horton also told the committee “There are some good statutory tools, but Senator Darrington thanked Dr. Horton for his comments and told him that |
DATE: | January 23, 2004 |
TIME: | 1:30 p.m. |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Darrington, Vice Chairman Lodge, Senators Sorensen, Richardson, Bunderson, Davis, Sweet, Marley, Burkett |
MINUTES: | Senator Richardson made a motion to accept the minutes of January 21 as written. Second was by Senator Lodge and the motion carried by voice vote. |
Committee Vote: Gubernatorial |
Senator Davis made a motion to send the appointment of Dr. Gary Horton to the Senate floor with the recommendation that they confirm Dr. Horton to the Sex Offender Classification Board. Second was by Senator Sorensen and the motion carried by a voice vote. |
GUBERNATORIAL APPOINTMENT:
J. Phillip Reberger to the Judicial Council |
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Mr. Reberger thanked the Governor for his confidence and the nomination to succeed Nick Ifft on the Judicial Council for a 6 year appointment. He also expressed thankfulness for the freedom to “disagree on many things in this nation without being disagreeable.” He told the committee that his resume was a simple one as he was born and raised in Caldwell, went to the University of Idaho and within a 24 hour period of time, graduated from college, married his wife, Nancy, and was commissioned into the Navy. He worked in Washington D.C. with the Republican National committee, and then was campaign manager for Senator Harry Byrd, of Virginia, before moving to Idaho to be campaign manager for James McClure in 1978. He was the Chief of Staff for Senator Steve Symms, then Senator Kempthorne as well as Governor Kempthorne, until this time last year, when he retired from State service and joined a consulting firm on a part-time basis with Pat Sullivan. As to how these experiences would serve as qualifications for a public position on the Judicial Council, he felt they would complement the prospective of the other highly capable members of the Judicial Council. The duty of the council is to submit to the governor the names of qualified Mr. Reberger told the committee that the council’s most visible responsibility There have been questions raised by others as to the extent of his various prospective. He made reference to the “elephant in the room”, commenting that “there is He explained, “My role wearing hats as Governor’s Chief of Staff, a member Mr. Reberger continued telling the committee that It has been said “I didn’t He made reference to the Prince report which he said “is nearly a million He then told the committee that he was happy to answer any questions. Senator Darrington followed up with “Do you think you have any greater or Commenting on the good analogy that the Senator made, Mr. Reberger Senator Lodge asked, “What do you think makes a good candidate for a “You’re close to our present sitting Governor”, Senator Lodge commented, Senator Lodge mentioned that she had looked at the Prince report, and Senator Burkett commented that one important function of the council is Mr. Reberger replied, “The procedures of the Judicial Council are pretty well “I think the council is an important safeguard between the executive branch, Mr. Reberger replied, “Perceptions are not necessarily fact. Only in Senator Burkett continued by asking about a question he and his Mr. Reberger replied, “With all due respect, I have a little difficulty with some Senator Burkett then commented, “One of my principle concerns is that the Senator Sorensen, asked if Mr. Ifft whose place is being filled on the Council Senator Marley asked Mr. Reberger if he could deliberate a little on how to Senator Richardson commented that he has followed the case of the Senator Bunderson, commented that it is valuable to have a complete and Mr. Reberger replied, “You left an implication on the table that there was Senator Bunderson followed with, “Somehow you may have conflict of Senator Bunderson commented from the Prince report that on March 27, Senator Bunderson concluded by stating “Things moved ahead with Senator Davis declined to ask Mr. Reberger any questions. Senator Sweet asked for clarification of the differences of the judicial officers Senator Sweet concluded with a comment that “The friends in the media Senator Burkett asked in follow-up that according to University Place, he Senator Darrington asked Mr. Reberger if this state would be well served |
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Senator Darrington pointed out that action would be taken on the gubernatorial appointment at the meeting on Monday, January 26. |
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RS13529 | Senator Davis presented this on behalf of the Uniform Law Commission , as this legislation revises and updates Article 7 of the Uniform Commercial Code, dealing with warehouse bills of lading and other documents of title. |
MOTION: | Senator Sorensen made a motion to print RS13529. Second was by Senator Marley and the motion carried by a voice vote. |
RS13557 | Senator Davis also presented this legislation which revises and updates Article 1 of the Uniform Commercial Code and makes Article 1 consistent with other revised articles of the Uniform Commercial Code. |
MOTION: | Senator Sorensen made a motion to print RS13557. Second was by Senator Lodge and the motion carried by a voice vote. |
RULES REVIEW – IDAHO STATE POLICE | |
Ann Thompson Cronin presented these rules and said there had been no comment of adverse or support of interest. The changes concern licensed premises. In the event of loss or the move of the licensed premises, the licensee has ninety days to secure and occupy a new premise in which to display the license. An additional sixty days may be granted by the Director, upon petition by the license holder. A restaurant is identified as having an established menu identifying the individually priced meals for consumption, food and service and preparation occurs on the premises by establishment employees, and that equipment usually and normally found in restaurants are located on the premises of the establishment. The licensee must demonstrate though appropriate records that the establishment is advertised and held out to the public as primarily a food eating establishment OR that at least 40% of the purchases are derived from purchases of food and non-alcoholic beverages. Senator Lodge expressed concern about the amount of time that is given for Senator Lodge was still concerned about this time frame being in a rule and Senator Lodge asked who had input in the establishment of 40% |
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IDAPA 11
11.10.01 |
Rules Governing the ILETS
Idaho Law Enforcement Teletypewriter System |
Ms. Cronin said there were a few changes, but most are updated into current tense. This concerns who is using the system, the firewalls, and the update of citations for national policies. There has been no concern for these changes. |
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11.11.01 | Mike Becar, of the POST academy explained that the word “shall” was being changed to “must” to make the language more plain. Also, the certification of a juvenile probation officer was being added. This rule also makes reference to a full eye examination being administered by an optometrist to any applicant whose vision in either eye is twenty/one hundred fifty or worse. Also section 071.01 is for a closed campus, requiring the students to stay in |
MOTION: | Senator Davis made a motion to approve the rules of the Idaho State Police, except for section 010-02 concerning licensed premises. Second was by Senator Sorensen. |
Discussion: | Senator Bunderson asked for exceptions to the rule to be prepared. Ms. Cronin deferred to Lt. Bob Clemens, ISP Beverage Control who said the licensee could appeal for an extension because if they lose the premise, they don’t have an option to display the license. |
VOTE: | The motion carried by a voice vote to accept the rules except for 010-02. |
ADJOURN: | The meeting was adjourned at 3:10 p.m. |
DATE: | January 26, 2004 |
TIME: | 1:30 p.m. |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Darrington, Vice Chairman Lodge, Senators Sorensen, Richardson, Bunderson, Davis, Sweet, Marley, Burkett |
MINUTES: | The minutes of January 23 were prepared for review, but as they are quite lengthy, will be held until the next meeting to give committee members a chance for review. |
Committee Vote: | Gubernatorial Appointment of J. Phillip Reberger |
Motion: | Senator Davis made a motion to recommend to the full Senate, the confirmation of J. Phillip Reberger to the Judicial Council. Second was by Senator Richardson. |
Discussion: | Senator Burkett opposed the motion and passed out a letter from the Chair of the Idaho Democratic Party, (See attached #1) and a biography of William Parsons, who stated his political affiliation as Republican and asked that they be made part of the record. (See attached #2) Senator Burkett proceeded to state that Helen McKinney is a Republican and Judge Smith was a chairman of Bannock County Republican party before he was appointed to the judgeship. He feels that the appointment of Phil Reberger to the Judicial Council would bring the number of Republicans to four. He explained, “The reason why the statute has this requirement is to protect the third branch of Government, the judiciary. The purpose of setting up the Judicial Council in 1967 was to insulate the Governor’s office from these appointments, and have that done by an independent body to create that level of independence of the Judiciary.” He thinks this is a very important provision and is there for a purpose, and he would like to see the committee stand for the independence of the judiciary and the fact that it should be kept partisan and equal balance of this particular council. Senator Burkett feels that this appointment is in violation of the Idaho Statute for that reason and we cannot recommend that the Senate consent to an appointment that is in violation of the statute which states: “Appointments shall be made with due consideration for area Senator Burkett felt “that this is a political issue, perceptions are Senator Darrington clarified that the Chair was the one who set the time Senator Davis commented that “the nomination of Mr. Reberger does not Senator Davis was in attendance when Judge Smith was sworn in as a |
Senator Burkett then responded, ‘I would suggest that there exists a perception that you’re the governor’s alter ego. My question is, whether that perception is true or not, do you believe it serves the purposes of the Judicial Council, the purposes of separation of powers, to have a person on the council who is perceived as the governor’s alter ego?’ ” Senator Davis continued to say, that he understands this to be the Senator Davis recognizes an attempt to make this a campaign but, based Senator Marley spoke in opposition to this appointment. He had asked a |
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COMMITTEE
VOTE: |
Senator Darrington called for a vote of the committee on the appointment of Mr. Reberger to the Judicial Council. Motion carried by a voice vote. |
RS13524C1 | Senator Laird Noh presented this legislation that would add a new section to Idaho Code to specify unlawful actions to aquiculture operations and provide punishment for performing these actions. These areas are vulnerable to sabotage and it only takes a small quantity poured into an input stream to spoil all the fish in the stream. |
MOTION: | Senator Sorensen made a motion to send RS13541 to print. Second was by Senator Burkett and the motion carried by a voice vote. |
RS13659 | Senator Joe Stegner presented this legislation brought to him by two Principals in his district. This will make it a misdemeanor for a parent or guardian to knowingly fail to provide an education for a child. Also the references to the Youth Rehabilitation Act are replaced by Juvenile Corrections Act. |
MOTION: | Senator Marley made a motion to send RS13659 to print. Second was by Senator Sorensen and the motion carried by a voice vote. |
RS13663C1 | Heather Reilly, representing the Idaho Prosecuting Attorneys Association, presented this legislation that will amend the Domestic Violence Statute to qualify a substantially conforming out of state domestic violence conviction for purposes of enhancing subsequent crime of domestic violence in Idaho |
MOTION: | Senator Sweet made a motion to send RS13663C1 to print. Second was by Senator Sorensen and the motion carried by a voice vote. |
RS 13666 | Senator Burkett presented this legislation to revise the definition of terrorism to insure it does not include misdemeanor acts and insure it does not include acts of protest of civil disobedience that are not intended to endanger human life. |
MOTION: | Senator Marley made a motion to send RS13666 to print. Second was by Senator Darrington and the motion carried by a voice vote. |
RS 13442 | This legislation of Senator Davis’s is to maintain insurance for the parent or guardian of a minor child that operates a motor vehicle, even though coverage for the minor is terminated. There have been instances when a minor has had their drivers license suspended that the insurance provider has terminated all insurance coverage. |
MOTION: | Senator Sorensen made a motion to send RS13442 to print. Second was by Senator Burkett and the motion carried by a voice vote. |
RS13717C1 | Pam Eaton, Idaho Retailers deferred the speaking of this bill to Dean Heyl, who represents the Direct Selling Association. DSA is the national trade association of the leading firms that manufacture and distribute goods and services sold directly to consumers. An example would be a home product demonstration party. This proposed law would create a clear and specific definition of an illegal pyramid promotional scheme to protect Idaho residents from become potential victims. |
MOTION: | Senator Sorensen made a motion to send RS13717C1 to print. Second was by Senator Sweet and the motion carried by a voice vote. |
RULES REVIEW: | Division of Veteran’s Services – Richard W. Jones, Administrator of the Idaho Division of Veteran’s Services. |
IDAPA 21
21.01.01 |
This docket implements changes to Rules Governing Admission, Residency and Maintenance Charges in the Idaho State Veterans Homes and Division of Veterans Services Administrative Procedures. In the past, the residential care applicants were required to have pre-admission physicals conducted by a VA Medical Center physician. This rule would allow any licensed physician to conduct these physicals. Section 0301.300.01 and 02 would allow residential care residents to operate a motor vehicle while residing at the Boise Veteran’s Home if they are licensed to do so. Also, under this section, there are no longer multiple penalties for non-compliance with the Idaho Division of Veterans Services rules. There is only one and that is Discharge. Residents can be discharged immediately if an emergency exists or with notice for certain acts that are listed in the rules. Concerning the penalty for residential and nursing care residents, when certain acts are committed, the administrator determines that a resident has committed one or more of the acts, the term “will” has been changed to “may”, at the recommendation of the Deputy Attorney General. This was done to give the resident the right to appeal. There was some concern among the committee members about this term change, and Mr. Jones said he could obtain additional information on this. Senator Sorensen asked if the committee could wait until the next meeting to answer the questions that she and Senator Marley had concerning this term. This rule will be voted on at the next meeting which will be held January 28. The time frame for disposal of assets preceding application for residency |
IDAPA 21
21.01.04-0301 |
Mr. Jones presented this pending fee rule for governing the Idaho State Veterans Cemetery to establish charges for interment, disinterment and reinterment in the State Veterans Cemetery. It is necessary to change the sizes for remains containers to enable two containers to occupy one niche so that spouses who elect to have their remains interred together may do so. The Dept. of Veterans Affairs will pay interment fees for eligible veterans. Requesting parties will pay disinterment and reinterment fees. |
MOTION: | Senator Marley made a motion to approve the rules governing the Idaho State Veterans Cemetery. Second was by Senator Sorensen and the motion carried by a voice vote. |
Adjournment: | Meeting was adjourned at 2:35 p.m. |
DATE: | January 28, 2004 |
TIME: | 1:30 p.m. |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Darrington, Vice Chairman Lodge, Senators Sorensen, Richardson, Bunderson, Davis, Sweet, Marley, Burkett |
MINUTES: | The minutes of January 23 will be held until Friday, January 30, as Senator Richardson found there was more information that he felt should be included. Senator Sweet made a motion to accept the minutes of January 26 as written. Second was by Senator Lodge and the vote carried by a voice vote. |
RULES Clarification: |
Richard Jones, Administrator of Veteran Services, returned to the committee to clarify the change in Docket 21-0101-0301-350.02. from “will” to” may” when and administrator determines that a resident has committed one or more act , the resident may be given notice in accordance with subsection 982.03 and discharged from the Home. Mr. Jones explained that the term “will give notice of discharge” may not be appropriate, as the resident might need to have treatment, rather than be discharged. The word needed to be taken in context and entirety to be clarified. Senator Sorensen and Senator Marley expressed approval for this clarification. |
MOTION: | Senator Sorensen made a motion to accept the rules of the Veteran’s Services. Second was by Senator Lodge and the motion carried by a voice vote. |
RS13648C1 | Chief David Moore, Blackfoot Police Department presented this legislation that concerns what is referred to as “video voyeurism” and includes instances of 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, for the purpose of arousing or gratifying the sexual desire of the person making the recording or any other person. These instances are increasing both regionally and in Idaho and currently nothing in statute defines these acts as crimes, because there is no touching. This proposal will define the crime of video voyeurism as a felony, and require persons convicted of video voyeurism to register as sex offenders. |
MOTION: | Senator Sorensen made a motion to send RS13648C1 to print. Second was by Senator Richardson and the motion carried by a voice vote. |
Robert Aldridge presented legislation before the committee for a print hearing. The following is an explanation of this legislation. |
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RS13728-To prohibit appointment of a convicted felon as guardian or conservator except upon conditions specified. |
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RS 13739C1-To authorize appointment of temporary and emergency conservators and to govern conditions of an appointment |
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RS13740- To provide adoption of the uniform estate tax apportionment act to specify rules applicable to the apportionment by will or other instrument |
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RS13741– Relating to powers and duties of a conservator to clarify control by a conservator of title to the property of the protected person |
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RS13742- Relating to matters of probate to further define terms | |
MOTION: | Senator Davis made a motion to send RS13739C1, RS13740, RS13741, RS13742, RS13767, RS13790 and RS13791 to be printed. Second was by Senator Sweet and the motion carried by a voice vote. |
REPORT: | IDAHO STATE POLICE |
Colonel Dan Charboneau, Director of Department of Idaho State Police appeared to give an annual report to the committee on the activities of the Idaho State Police. He introduced his staff, Kevin and Ann Cronin and thanked Senator Darrington and Senator Bunderson for their work on ISP issues over the summer. He said the Idaho State Police is optimistic and they believe in a better future. When he took over the leadership a year ago, he believed in three words: Teamwork, Opportunity and Partnership. Some of the successes are the Drug Endangered Children Program, that helps remove children from danger when meth labs are being cleaned up. In the past, these small victims were overlooked, but now they are handed off as quickly as possible to health care workers. When meth labs are in operation, the meth and vapor get released in the atmosphere, then it dries and falls on flat surfaces. Children ingest these chemicals through hand and mouth interaction. As there is no cleanup standard for meth labs, children are endangered by exposure to these chemicals. A better job is being done now to take care of children and put them in better environments. This program needs to be made standard statewide, and if so, Idaho would be the first state in the nation to make this protocol used statewide. The good news is that the meth labs are down, but the bad news is that the import continues at an alarming rate. They are reaching out to the Spanish communities and there is a combined agency program called “Meth is our Neighbor” which is focusing on education and partnership. The department is looking at a “slick top project” which means that the light |
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The Department is at a cross roads with the recruitment and retention issue. Due to the hold back last year, 14 experienced officer positions were lost due to the pay issue. At the present time, there is no firearms exam officer, as the training process is two years. In the last year, the DNA people are down as there is no second string and it will be 6 months before a DNA specialist is trained. Idaho is competitive for the first to third year, and then it stops. Other agencies offer incentives for 5 to 7 years. He feels they need a pay plan to support his troops. He told the committee about the State Interoperability Council. The FCC is Colonel Charboneau addressed the safety issue of his officers, and reported He expressed appreciation for his officers and said even though they had a |
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Senator Lodge expressed gratitude for the officers that met with her and helped her understand the Department and their needs. She feels that the troopers should get a raise on a 3 year schedule. Something needs to be done about their pay as fine officers are being lured away. Colonel Charboneau suggested the committee members view the web site and read the ISP chronicle, at www.isp.org |
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Adjournment: | Meeting was adjourned at 2:35 p.m. |
DATE: | January 30, 2004 |
TIME: | 1:30 p.m. |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Darrington, Vice Chairman Lodge, Senators Sorensen, Richardson, Bunderson, Davis, Sweet, Marley, Burkett |
MINUTES: | Senator Richardson made a motion to approve the minutes of January 23. Second was by Senator Lodge and the motion carried by a voice vote. |
Senator Burkett made a motion to approve the minutes of January 28. Second was by Senator Marley and the motion carried by a voice vote. |
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GUBERNATORIAL APPOINTMENT | |
William A. Parsons – appointment to the Judicial Council to serve a term commencing July 1, 2003 and expiring June 30, 2009. |
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Mr. Parsons introduced his wife of almost 50 years, Beverly, to the committee and expressed appreciation to the Bar for his appointment to the Judicial Council. He is from Burley and has practiced law there since 1958. He has had a good practice and has four partners. He belongs to the American College of Trial lawyers by invitation and is a member of several civic organizations. He has been able to sit in on the process of selection of 2 judges in the 5th district and 1 in the 6th district. He feels good about the selection process of the Judicial Council. Senator Darrington asked Mr. Parsons if he had the time to serve on the Senator Burkett asked Mr. Parsons if he was a Republican to which he Senator Richardson asked after spending six months on the Council, could Senator Bunderson asked if he had a knowledge of any external influence He told the committee that the process is not public, but the conclusion is. Senator Davis commented that the prior nominee for the Council was Senator Sweet asked him to expand on the appointment process of judges Senator Marley was curious about Mr. Parson’s membership in the Theron Senator Marley asked if this would be available to someone like himself, Senator Burkett asked how Mr. Parson’s sees the role of the Judicial Senator Darrington told the committee that they would vote on the |
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RS13564C1 | Alice Koskela, deputy prosecutor for Kootenai County presented this legislation in conjunction with Bill Douglas, the Kootenai County Prosecuting Attorney. This will result in statewide recognition for extraordinary acts of valor and heroism by firefighters and police to be nominated for the “Law Enforcement and Firefighting Medal of Honor”. This was presented at an earlier meeting but there was concern as to the cost of the medals. Ms. Koskela said the cost of the medal is $90.00 and will not be borne by the state but by the agency whose officer or firefighter is honored with the award. |
MOTION: | Senator Bunderson made a motion to send RS13564C1 to print, but asked that the Statement of Purpose be changed adding the word “Idaho” to keep it consistent with the term in the legislation. Second was by Senator Lodge and the motion carried by a voice vote. The Statement of Purpose was changed before being sent to print. |
RS13778 | Chris Bray told the committee that the decision regarding a proposed relocation of children is one of the most difficult and complex decisions a family law judge has to make. This legislation that provides eight factors which a family law judge may consider in doing so. Consistent with recent Idaho Supreme Court decisions, these factors create a balanced standard for judicial decision making. Litigation throughout the State of Idaho may be reduced when parents have statutory standards to follow. These factors were derived from the Model Relocation Act created by the American Academy of Matrimonial Lawyers. |
MOTION: | Senator Marley made a motion to send RS13778 to print. Second was by Senator Sorensen and the motion carried by a voice vote. |
RS13812 | Ron Messler, Investigator with Idaho Dept. of Corrections presented this legislation which 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 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. The legislation would allow authorized representatives of the Department of Correction to issue a subpoena “duces tecum” to compel the production of documents rather than verbal or oral comments. Failure to comply with the subpoena may be punishable as contempt. |
MOTION: | Senator Sorensen made a motion to send RS13812 to print. Second was by Senator Richardson and the motion carried by a voice vote. |
RS13554C1 | Kathy Baird, Management Assistant, SOC Board presented this legislation that will remedy two procedural deficiencies related to violent predator designations. Federal probation officials have expressed a desire to refer federal Secondly, when an offender designated as a violent sexual predator plans to |
MOTION: | Senator Sorensen made a motion to send RS13554C1 to print. Second was by Senator Lodge and the motion carried by a voice vote. |
REPORT: | Bill von Tagen from the attorney general’s office introduced Dr. Bob Marsh from Boise State University who explained the report on the prosecution of Child Sexual Abuse in Idaho from July 1, 2002 to June 30, 2003. Dr. Marsh said there is an increase in the numbers and an increase in juvenile sex offenders, and he is concerned that it could be a trend, but it bears watching. He went over the Research summary. (See attached #1)Chart 19 A (see attached #2) gives a clear picture of the perpetrator on the vertical axis versus the age of the victim. This shows that over 35 of the adult perpetrators were over the age of 50. This is an extremely high number of older offenders. 68% were under 11 years of age. (See attached #3) They found that 45% of adult abusers were acquaintances of their victim, 9 % were natural parents, 5% were other relatives, and 5% were step-parents. Interestingly this year, there was less than 1% (or two people) that were charged with child sex abuse. The common stereotype from the media is that this occurs from a stranger, but in the 12 years they have been doing the study, they have not found that to be true. For juvenile abusers, 34% were acquaintances of their victim, or the parents, Senator Darrington said that what he wanted for Christmas was to do away Senator Richardson asked what those differences were between |
Senator Sorensen asked if he felt that looking at the pre-sentence investigation would help enlighten them as to what is going on. She asked who was trying to assess the information as to the increase in juvenile offenses. Dr. Marsh responded that for the first 8 years that they were doing the report, Chief Justice gave them access to the pre-sentence investigations, and they could provide more comprehensive information to answer as to why. In the last 4 years, they have not been allowed access, not because of rule change, but a re-interpretation of their existing rule. They request the information and get partial information, but they don’t get as complete as they originally did. Senator Sorensen asked who was doing the analysis of this information Senator Sweet commented that the information would be critical in order to |
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Senator Burkett asked what involuntary is according to the chart 12J (See attached #4). Dr. Marsh responded that “This is when a child is too young to know what is happening to them and parents have caught them in the act and reported it, but the victim didn’t know what was going on. The age looked at is about 7 or 8 years old right now. There is certainly better education with young kids now, as to what is appropriate or inappropriate touching, and more is being reported. ” Senator Burkett asked about the cases on the chart where the offender is |
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REPORT: | Kathy Baird presented a report on the Sex Offender Classification Board. Mr. Baird told the committee that concerning the report the Department of Corrections is prohibited by criminal rule to release information on pre-sentence investigations. The reason they aren’t releasing the information is that than can’t. She reported that the Sex Offender Board is a part time board, comprised of Violent sexual predators are not necessarily violent, as the title implies, but During 2003, the board reviewed 4 offenders out of approximately 127 who She clarified that juvenile sex offenders who are convicted as juveniles, only The Board is concerned about issues impacting the community and feel |
Adjournment: | Senator Darrington thanked Dr. Marsh and Ms. Baird for their interesting reports and adjourned the committee at 2:50 p.m. |
DATE: | February 2, 2004 |
TIME: | 1:30 p.m. |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Darrington, Vice Chairman Lodge, Senators Sorensen, Richardson, Bunderson, Davis, Sweet, Marley, Burkett |
MEMBERS
EXCUSED: |
Senator Dean Sorensen is filling in for Senator Sheila Sorensen for this week. He was introduced and welcomed to the committee. |
MINUTES: | Senator Bunderson made a motion to accept the minutes of January 30 as written. Second was by Senator Sweet and the motion carried by a voice vote. |
COMMITTEE
VOTE: |
GUBERNATORIAL APPOINTMENT
William A. Parsons – appointment to the Judicial Council to serve a |
MOTION: | Senator Davis made a motion to recommend to the full Senate, the confirmation of Bill Parsons to the Judicial Council. Second was by Senator Lodge and the motion carries by a voice vote with Senator Marley voting no. |
S1207 | Tom Frost, Legal Counsel Idaho Supreme Court, presented this bill that provides that any restitution ordered for a crime victim shall have priority over any payment the defendant is ordered to pay to a governmental entity, except the court may order the defendant to make the payment required in Section 20-614(4), Idaho Code, before a restitution payment is made to the victim. However, Section 20-614(4) does not require any payment to a governmental entity. It is 20-614(7) that requires a payment to a governmental entity, i.e., reimbursement of jail confinement costs, and the reference to 20-614(4) should be corrected to read 20-614(7) for clarity. |
MOTION: | Senator Lodge made a motion to send S1207 to the floor with a do pass. Second was by Senator Richardson and the motion carried by a voice vote. Senator Richardson will carry the bill on the Senate floor. |
S1208 | Tom Frost presented this bill that cures omission occurring last session to grant discretion of Judges to waive evaluation. In the 2003 Legislative Session, House Bill 335 amended Section 37-2738, Idaho Code, (which formerly required a substance abuse evaluation for all drug offenses) to permit the judge to waive an evaluation in an appropriate case, including certain first-time drug offenses identified in the bill. However, because of an oversight, the non-narcotic misdemeanors defined in Idaho Code 37-2732(c)(3) were not included in the list of first-time offenses which qualify for a discretionary waiver, although certain felony drug violations, including marijuana, were listed. The result is that 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, while it has the discretion to do so for felony marijuana possession. This proposed amendment will address this omission. This bill is anticipated to have a positive impact on local funds by eliminating costs associated with unnecessary evaluations that otherwise would be borne by county governments. Senator Burkett asked why an evaluation wasn’t conducted each time an |
MOTION: | Senator Lodge made a motion to send S1209 to the floor with a do pass. Second was by Senator Marley and the motion carried by a voice vote. Senator Dean Sorensen will carry this bill on the Senate floor. |
S1234 | Heather Reilly presented this bill relating to domestic violence to amend a statute to qualify a substantially conforming out of state domestic violence conviction for purposes of enhancing a subsequent crime of domestic violence in Idaho. Under current law, a conviction for domestic violence outside of Idaho cannot be used to charge a second or third violation that occurs within Idaho. Currently, pursuant to Idaho Code, Section 18-918, a second conviction for domestic violence within ten years may result in enhanced or additional misdemeanor penalties. In addition, a third conviction under the current code, within fifteen years, may result in felony penalties up to five years or a fine not to exceed five thousand dollars or both. This change will allow a higher level of accountability for an offender who has been convicted of domestic violence in another state and then moves to Idaho and continues to commit domestic violence against a household member. The out of state statute must have substantially similar elements as Idaho statute for the conviction to qualify. Domestic batterers must be held to a higher level of accountability if they Ms. Reilly referred to a letter from the Attorney General’s Office, signed by Senator Burkett and Senator Davis were concerned that the language |
MOTION: | Senator Davis made a motion to hold the bill in committee until the next committee meeting on February 4th to clarify the language. Second was by Senator Sweet and the motion carried by a voice vote. |
S1221 | Brent Reinke, Idaho Department of Juvenile Corrections, presented this bill to update the Juvenile Corrections Act by removing all references to forestry camps, to clarify that programs should be research based and to clarify reimbursement to counties for holding juveniles committed to the state. Basically, it makes six modifications which strength and clarity to the Department., and provide technical assistance. For an example, if a juvenile is in a correction facility, the state will be responsible for the costs after 5 days. Also, now a juvenile will be relocated to the nearest facility and not brought to Nampa, which is a cost savings to the state. The department is looking at what works nationally, and by working with the counties, they have seen a significant return on their investment. Senator Marley commended the Director on the concept of research based |
MOTION: | Senator Lodge made a motion to move S1221 to the floor with a do pass. Second was by Senator Richardson and the motion carried by a voice vote. |
Adjournment: | Meeting was adjourned at 2:33 p.m. |
DATE: | February 4, 2004 |
TIME: | 1:30 p.m. |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Darrington, Vice Chairman Lodge, Senators Sorensen,Richardson, Bunderson, Sweet, Marley, Burkett |
MEMBERS EXCUSED: |
Senator Davis |
MINUTES: | Senator Richardson made a motion to approve the minutes of Feb 2 as written. Second was by Senator Bunderson and the motion carried by a voice vote. |
S 1234 | Heather Reilly appeared before the committee to present the amendments to the bill to clarify and address the concerns that Senator Davis and Senator Burkett had when the bill was presented earlier. She met with the two Senators, Ada County Prosecutor, Jan Bennetts, Boise City Prosecutors Steve Rutherford, and Rich Stover to draft the amendment. They completely adopted the language from the DUI statute language regarding out of state convictions. The bill now states, “Any person who pleads guilty to or is found guilty of a violation of this subsection ‘(3) who previously has plead guilty to or been found guilty of two (2) violations of this subsection (3), or a substantially conforming foreign judgement” This language basically deleted a line and inserted “previously” following “who”. (See attached amendment #1) Ms. Reilly stated that it means the same, but is said differently in a Senator Darrington commented that hopefully it clarifies that a |
MOTION: | Senator Richardson made a motion to send S1234 to the floor in the l4th order for amendment. Second was by Senator Bunderson and the motion carried by a voice vote. |
RS13578 | Kandee Yearsley, Child Support program manager for Department of Health and Welfare presented this legislation to the committee which is controversial to the parent who has the resources to meet their support obligation but wont. However, there is no controversy between child support and the partners that participate in this process. Child Support issues always bring controversy as they deal with children, money and broken relationships. Single parents in Idaho are owed over $380 million in past due support. Financial Institution Data Match is an aggressive enforcement tool that targets parents who have the financial resources to pay the support but do not do so. (See attached#2) A federal mandate requires states to obtain financial account Senator Bunderson asked if the non-custodial parent left the |
MOTION: | Senator Bunderson made a motion to send RS13578C1 to print. Second was by Senator Burkett and the motion carried by a voice vote. |
RS13825 | Senator Darrington turned the chair over to Senator Lodge while he presented this legislation, relating to tattooing, branding and body piercing of minors to prohibit certain actions on minors under the age of fourteen. Parental consent would be required before any of these procedures could be performed on minors aged fourteen to eighteen years. This legislation refers to indelible designs not the temporary ones that minors can get easily. Piercing ear lobes and piercing for medical purposes are not covered by this legislation. Senator Bunderson commented that while they were on the Senator Darrington said that Dr. McCluskey strongly supports this Senator Marley asked why the age of 14 was chosen, and he was Senator Dean Sorensen asked if the piercing was self-inflicted, |
MOTION: | Senator Richardson made a motion to send RS13825 to print. Second was by Senator sweet and the motion carried by a voice vote. |
S1237 | Dean Heyl, Direct Selling Association presented this bill. He said that Idaho has a good solid foundation for this legislation, and after meeting with Attorney General Wasden in November, he suggested that it move forward and go to the Legislature. Senator Darrington commented that Gavin Gee informed them that the change in Federal Law makes them unable to enforce certain actions that come into the State. Mr. Heyl told the committee, this is why the model legislation is an enhancement and states without this legislation could be more susceptible. Senator Richardson asked if there was any allowance for This legislation is patterned after Hi 183 in South Dakota, and other |
MOTION: | Senator Bunderson made a motion to send S1237 to the floor with a do pass. Second was by Senator Richardson and the motion carried by a voice vote. |
Presentation: | Idaho Sheriffs Association. Jim Higgins, Sheriff of Cassia County and President of the Association gave a report to the committee. They meet together four times a year and meet twice with the Idaho Association of Counties. Their main purpose is to train Sheriffs, and ten Sheriffs will retire this coming year. All Sheriffs are required to attend the POST academy. Association members are involved in Boards, such as POST and ILETS. He expressed appreciation for their lobbyist, Mike Kane. He said there is a Jail standards Committee that is responsible for He introduced Bill Lynn, Sheriff of Bannock County who is the |
Adjournment: | Senator Darrington thanked Sheriff Higgins and Sheriff Lynn for their report to the committee and adjourned the meeting at 2:52 p.m. |
DATE: | February 6, 2004 |
TIME: | 1:30 p.m. |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Darrington, Vice Chairman Lodge, Senators Dean Sorensen, Richardson, Bunderson, Davis, Sweet, and Burkett |
MEMBERS
EXCUSED: |
Senator Marley |
MINUTES: | Senator Dean Sorensen made a motion to accept the minutes of February 4 as written. Second was by Senator Lodge and the motion carried by a voice vote. |
S1210 | Heather Reilly, Idaho Prosecuting Attorneys Association presented this legislation that will clarify Idaho’s current forgery statute, Idaho Code Section 18-3601, and includes falsely making, altering, forging, counterfeiting or uttering, publishing, passing, or attempting to pass, as true and genuine with the intent to defraud counterfeit money. Law enforcement and prosecutors throughout the state currently investigate and file charges under this code section when a suspect passes fake United States Currency. However, some magistrate judges in the state have ruled that counterfeit money is not included within the laundry list contained in Idaho Code section 18. Therefore, this legislation specifically includes: Federal Reserve note, United States currency or United States money in the forgery statute. Ms. Reilly told the committee that the IPAA believes this legislature intended to include counterfeit money in the forgery statute, otherwise, there is no state code for which they could charge a felony for making or passing counterfeit money. She quoted Black’s law definition of “currency as coined money and such banknotes or other paper money as are authorized by law and do in fact circulates hand to hand as the medium of exchange”. The crime of making and passing counterfeit currency is a common Ms. Reilly addressed Senator Davis’s concern about “ex post facto” or Detective Dave Heidemann, of Twin Falls, told the committee that he has Detective Wade Spain, Boise City, told the committee that counterfeit |
MOTION: | Senator Burkett made a motion to send S1210 to the floor with a do pass. Second was by Senator Lodge and the motion carried with a voice vote. This bill will be sent to the floor with the recommendation that pursuant to Senate rule 9F, the typographical error of an apostrophe in State’s will be corrected on Line 16 to States’. Senator Lodge will carry this bill on the Senate floor. |
S1227 | Dale Higer presented this bill from the Uniform Law Commission to revise and update Article 7 of the Uniform Commercial Code, the article which deals with warehouse bills of lading and other documents of title. The purpose of the revision is to provide a framework for the further development of electronic documents of title, and update the law to reflect state, federal and international developments and practices. |
MOTION: | Senator Lodge made a motion to send S1227 to the floor with a do pass. Second was by Senator Davis and the motion carried with a voice vote. Senator Davis will carry this bill on the Senate floor. |
S1228 | Dale Higer also presented this legislation revises and updates Article 1 of the Uniform Commercial Code and makes Article 1 consistent with other revised articles of the Uniform Commercial Code to set forth default issues and give guidance to the courts. |
MOTION: | Senator Bunderson made a motion to send S1228 to the floor with a do pass. Second was by Senator Richardson and the motion carried with a voice vote. Senator Davis will carry this bill on the Senate floor. |
S1262 | Ron Messler, investigator, Department of Correction presented this bill which 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 follow an absconder with a paper trail, and Subpoena power is not uncommon for an agency to have. Mr. Messler presented a list of those agencies. (See attached #1) 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. The legislation would allow authorized representatives of the Department of Correction to issue a subpoena to compel the production of documents. Failure to comply with the subpoena may be punishable as contempt. The impact on the Department of Correction should be minimal. The specific fiscal impact will depend on the number of parole absconders for whom a subpoena is issued. However, other than the possibility of paying for the copying costs of the documents sought (which should be fairly nominal), there should not be any associated cost with issuing the subpoena or obtaining the records. In the event legal services are needed to assist in compelling compliance with a subpoena, the legal department of the Department of Correction will be used. Senator Davis felt it could be dangerous for the Director to issue a |
MOTION: | Senator Davis made a motion to send S1262 to the floor in the amending order. Second was by Senator Sweet and the motion carried with a voice vote. Senator Darrington voted no. Senator Bunderson will carry this bill on the Senate floor. |
Adjournment: | Meeting was adjourned at 2:45 p.m. |
DATE: | February 9, 2004 |
TIME: | 1:30 p.m. |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Darrington, Vice Chairman Lodge, Senators Sorensen, Richardson, Bunderson, Davis, Sweet, Marley, Burkett |
MINUTES: | Senator Bunderson made a motion to approve the minutes of February 6 as written. Second was by Senator Sweet and the motion carried by a voice vote. |
S1232 | Senator Laird Noh was going to present this bill, but as his committee meets at the same time, he felt that those who came to speak to it could present it very well. Linda Lemon, Hagerman, who is Executive Secretary of the Idaho Aquiculture Association spoke to this bill. She said it is very important to establish the fact that damaging fish is a felony and will incur stiff penalties. At the present time, law enforcement doesn’t consider this a serious crime. To keep vandals from damaging the facilities is a big monetary issue. Idaho is the number one trout producer in the industry, and is an important long-time business in Idaho. Senator Darrington asked if this would be an incentive for police to Senator Burkett asked if this punishment would be a felony regardless of the Senator Darrington recalled that a few years ago similar legislation was Senator Bunderson questioned whether the punishment should be that Senator Burkett asked who specifically would not enforce the law. Ms. Mr. Ray was asked by the sheriff, “What do you want us to do? You aren’t Senator Burkett asked if there was a sign in the area addressing the Senator Richardson asked if the dead fish could be used for anything and Senator Bunderson asked if there were any laws about dropping poison off Stan Standall from Bliss is a small trout provider and told the committee that Senator Darrington told the committee “that our goal is to establish a criminal Senator Bunderson asked if there are any guards or wires to prevent this Senator Sweet asked why this would be happening, and if they had any Senator Burkett asked if the sheriff explained why there was no prosecution. Judy Bartlett, representing Idaho Farm Bureau spoke in support of the bill. In Senator Davis felt that there should be mention of “willful, malicious or Senator Tom Gannon of Buhl spoke in support of the bill. He feels that this |
MOTION: | Senator Davis made a motion to send S1232 to the floor in the 14th order for amendment to add “willful or knowing” to line 10, Section 18-7041. Second was by Senator Lodge and the motion carried by a voice vote with Senator Darrington voting no. Senator Noh and Senator Gannon will co-sponsor this bill on the Senate floor. |
Adjourn: | Meeting was adjourned at 2:15 p.m. |
DATE: | February 11, 2004 |
TIME: | 1:30 p.m. |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Darrington, Vice Chairman Lodge, Senators Sorensen, Richardson, Bunderson, Enid Lee Davis, Sweet, Marley, Burkett |
MEMBERS
EXCUSED: |
Senator Bart Davis |
Senator Darrington welcomed Enid Lee Davis, who is sitting in for her son, Bart Davis this week. |
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MINUTES: | Senator Richardson made a motion to approve the minutes of February 9 as written. Second was by Senator Marley and the motion carried by a voice vote. |
Bob Aldridge presented legislation to help bring about clarification on issues that the Idaho State Bar has found to be confusing or too complex. |
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RS13805 | This legislation relates to Guardians of minors to revise procedures relating to court appointment of guardians of minors to provide for de facto custodians and to define de facto. |
MOTION: | Senator Richardson made a motion to send RS13805 to be printed. Second was by Senator Lodge and the motion carried by a voice vote. |
RS13949 | This legislation relates to probate of wills and filing of claims to change the time limit for filing of claims from two years to three years. The existing language limits the presentation to two years, but probate can be filed up to three years. The problem is that people were waiting for 2 years and a day to file probate to avoid paying Medicaid State recovery and no claim could be presented. This is unfair, is cheating the tax payers of Idaho and avoiding a proper repayment system. This legislation will solve that problem, by changing the two year limit after death to a three year limit after death when a probate claim can be filed. |
MOTION: | Senator Burkett made a motion to send RS13949 to be printed. Second was by Senator Marley and the motion carried by a voice vote. |
RS13950 | This legislation makes substantial changes to the Homestead provisions of Idaho Code and includes a revocation of section 55-1010. In consultation with the estate recovery division of Health and Welfare, the best way to clarify and simplify the methods used by Estate Recovery would be by enacting a new section with the language in this bill. The same result may still be reached through probate procedures without enactment of this new section, but the new section w ill make the legal situation absolutely clear. |
MOTION: | Senator Sweet made a motion to send RS13950 to be printed. Second was by Senator Lodge and the motion carried by a voice vote. |
S1244 | This 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. It has been determined that the convicted felons constitute a disproportionate number of abusers. Such abusers often become the agent of the incapacitated person by Power of Attorney or Durable POA for Health care. This higher standard will protect the incapacitated person, while still allowing such an appointment to be made in appropriate cases. |
MOTION: | Senator Sorensen made a motion to send S1244 to the floor with a do pass. Second was by Senator Marley and the motion carried by a voice vote. |
S1245 | This bill completes an ongoing series of changes to the Uniform Probate Code on the appointment of temporary and emergency conservators. These changes have attempted to balance the need for quick ex parte orders the Court issued without hearings and without reports from court visitors or guardians, with the need to protect the right of an incapacitated person. This bill adds a new section to cover temporary and emergency appointments of conservators, and amends to clarify the role of a guardian when the incapacitated person has assets to be managed. An “emergency situation” is defined to exist when the court has been given a report by a medical doctor stating that the person to be protected is unable to take care of the activities of daily living and the court also finds one of the four factors such as: (1) a finding that the person is unable to reasonably manage their finances and that their assets will be wasted unless proper management is provided without delay, or (2) A person has been taken advantage of and that the situation is likely to continue (3) a finding that funds are needed for support, care and welfare of the person to be protected, or (4) that other conditions exist that in the court’s determination necessitate the appointment of a temporary conservator. The duty of a temporary conservator is to preserve and protect the assets of the estate. |
MOTION: | Senator Sorensen made a motion to send S1245 to the floor with a do pass. Second was by Senator Lodge and the motion carried by a voice vote. |
S1246 | This bill relates to apportionment of estate taxes among various beneficiaries of a decedent. Current Code does not cover many situations that now exist, especially due to the more sophisticated forms of estate planning and is now inadequate to provide for many situations in which estate tax needs to be apportioned. This is causing either manifest unfairness in the apportionment of estate taxes, or expensive and lengthy litigation to determine the proper apportionment. The current bill repeals 15-3-916 in its entirely and adds a new part 13 of the Probate Code. (See attached #1) |
MOTION: | Senator Bunderson made a motion to send S11246 to the floor with a do pass. Second was by Senator Sorensen and the motion carried by a voice vote. |
S1247 | Relating to powers and duties of conservators to clarify control by a conservator of title to the property of the protected person |
MOTION: | Senator Sweet made a motion to send S1247 to the floor with a do pass. Second was by Senator Sorensen and the motion carried by a voice vote. |
S1248 | Relating to matters of probate to provide instruction regarding the 90 day inventory of property be prepared by a personal representative and furnished to an interested party. This bill modifies the language of this section to require that the 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 with the court. |
MOTION: | Senator Lodge made a motion to send RS13805 to the floor with a do pass. Second was by Senator Richardson and the motion carried by a voice vote. |
S1249 | Relating to provisions of a living will and a durable power of attorney
Bob Aldridge explained the part of this bill that concerns the Living Will and Bill von Tagen, deputy attorney general explained this part of the bill to the The legal basis of DNR orders is based on the reason that a person who is Joe Gallegos, Jr. spoke in support of the bill on behalf of AARP of Idaho’s Anne Christiern, a Registered Nurse working in Hospice spoke in favor of the William Whitaker BSU faculty and representing National Association of Social Steve Millard, President of the Idaho Hospital Assn. spoke in favor of the bill as Cheryl Simpson Whitaker, social worker, spoke in favor of the bill and thanked Becki Henderson, a registered nurse working with hospice spoke in favor of this Senator Sorensen asked why coroners were included in this legislation and |
MOTION: | Senator Bunderson made a motion to send S1249 to the floor with a do pass. Second was by Senator Sorensen and the motion carried by a voice vote. |
S1250 | This bill that relates to homestead allowance determinations of an estate to further define the rights to collect. “Homestead” appears in two different areas of the Idaho Code. The current section 55-1010 appears to mandate that a homestead, if “selected” from community property, mandatorily passes to the surviving spouse. The other area is in the probate code 15-2-401 describing “homestead allowance”, “exempt property”, and “family allowance”. The interplay between these two areas of law, and the application of the Probate Code terms and conditions have been a source of constant problem to the probate bar. Judges have interpreted the terms in multiple inconsistent ways. He also told the committee that the new legislation he introduced today, RS13950 adds back the language requested by Medicaid. Substantial language has been added to the existing language to clarify that Kathleen Allyn, department administrator of Medicaid said they are satisfied |
MOTION: | Senator Sweet made a motion to send S1250 to the floor with a do pass Second was by Senator Richardson and the motion carried by a voice vote. |
S1251 | Currently, to file a claim against the estate of a decedent, the creditor must file a written claim both with the personal representative and with the court. In Section 15-3-803 there are various time limitations within which claims must be presented. The existing language of 15-3-804 says that a claim is deemed presented on the earlier of the filing with the PR or with the Court. There have been cases where a creditor has argued that the sending of a bill to the deceased, which was then received by the PR, without a filing with the Court, and without any reference in the bill to the probate proceeding, was a filing with the PR. Therefore, when the claim was not paid by the Estate, the creditor could several years later, file a claim with the Court and still fit within the time limitations, even though the PR had published a Notice to Creditors. This situation creates chaos in estate administration, because the representative has no way of knowing whether a claim will be filed years after death but still be valid. This bill remedies the situation by providing that the date of filing is the later of the filing with the PR or with the Court. Creditor must therefore act within the statutory time periods to file claims, and the PR will know with certainty when all claims are either filed or barred so that the estate can safely be distributed. |
MOTION: | Senator Lodge made a motion to send S1251 to the floor with a do pass. Second was by Senator Burkett and the motion carried by a voice vote. |
DATE: | February 13, 2004 |
TIME: | 1:30 p.m. |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Darrington, Vice Chairman Lodge, Senators Sorensen, Richardson, Bunderson, Enid Lee Davis, Sweet, Marley, Burkett |
MEMBERS
EXCUSED: |
Senator Bart Davis |
MINUTES: | The approval of the minutes will be at the next meeting, as time did not allow the Senators to read them prior to making a motion. |
RS13708C1 | Senator Burkett presented this legislation to allow private citizens to initiate action to expose fraud and recovery of government monies. Fraud against the government can take multiple forms; among the most significant are procurement fraud, false claims, and Medicare/Medicaid fraud. The private citizen exposing fraud will share in any money recovered. |
MOTION: | Senator Lodge made a motion to send RS13708C1 to print. Second was by Senator Marley and the motion carried by a voice vote. |
RS14055 | Richard Stover, Boise City Assistant City Attorney presented this legislation that clarifies a law that was passed two years ago. It doesn’t change the search issues, but makes it is a misdemeanor to refuse to submit to a search or screening of your 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. |
MOTION: | Senator Marley made a motion to send RS14055 to print. Second was by Senator Richardson and the motion carried by a voice vote. |
Senator Darrington told the audience and committee that Frederick Wiseman and his film crew were doing a documentary on the Idaho Legislature, and had been filming many committee meetings and action on the floor this year. He commented that it would be very interesting to view the documentary and see those who had participated in legislation. |
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S1263 | Kathy Baird presented this bill relating to the sexual offender registration to further define the term “violent sexual predator” and to provide that the Sexual Offender Classification Board may consider reviewing referred offenders for violent sexual offender designation. Section 18-8314 contains two amendments. The first is the inclusion of language providing the SOCB with the latitude to consider whether an offender who has been referred for violent sexual predator review truly warrants full review. By interpretation of existing language, the board will review all offenders who are referred. The designation has a lifetime impact on the offender, and the review process is time-sensitive. This change would prevent the situation of the board being required to review someone who is referred by staff inappropriately; or because of other circumstances it would be better off to wait and consider the review closer to the offender’s full term release. The second amendment would provide for the SOCB to review Idaho
Federal probation officials have expressed a desire to refer federal Secondly, when an offender designated as a violent sexual predator When an offender who has been designated as a violent sexual predator |
MOTION: | Senator Sweet made a motion to send S1263 to the floor with a do pass. Second was by Senator Lodge and the motion carried by a voice vote. Senator Sweet will carry this bill on the Senate floor. |
S1243 | Bob Wells, presented this bill relating to video voyeurism and adding a new section to Idaho Code to define the terms and provide for the crime of video voyeurism and to provide a penalty. This also includes the crime of video voyeurism for purposes of the sexual offender registration. Mr. Wells had put the additions into the present statute in color for clarification. (See attached #1) Senator Burkett asked why IACI was interested in this amendment. Mr. |
MOTION: | Senator Lodge made a motion to send S1243 to the floor in the 14th order for amendment. Second was by Senator Marley and the motion carried by a voice vote. Senator Darrington will carry this bill on the Senate floor. |
ADJOURNMENT: | Meeting was adjourned at 2:50 p.m. |
DATE: | February 16, 2004 |
TIME: | 1:30 p.m. |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Darrington, Vice Chairman Lodge, Senators Sorensen, Richardson, Bunderson, Davis, Sweet, Marley, Burkett |
MINUTES: | Senator Sweet made the motion to approve the minutes of February 11 as written. Second was by Senator Sorensen and the motion carried by a voice vote. Senator Richardson made the motion to approve the minutes of February 13 as written. Second was by Senator Sorensen and the motion carried by a voice vote. |
GUBERNATORIAL APPOINTMENT
Mike Matthews to the Commission of Pardons and Parole for a term |
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Mr. Matthews told the committee that he was born in Declo, raised in Declo and has lived there all his life. He received his degree at Idaho State University and his masters at Idaho State University , and has been teaching school in the Burley/Declo schools for 33 years. He has taught English and Math, coached basketball, track, football and been athletic director. He heard there was an opening on the Commission of Pardons and thought he would like to serve on the Commission. He commented, “After working with kids for so many years and hoping they never get to this point, it is interesting to be on this side.” He will work to try to make the system work better. He is available for service and is glad to serve. Senator Lodge commended Mr. Matthews for his years of service in Senator Sorensen asked if he had attended any meetings, and what he Senator Richardson asked Mr. Matthews how he felt about the attitude, “Do Senator Bunderson asked Mr. Matthews about preparation for inmates Senator Davis asked Mr. Matthews why, of all the Boards there are, he Senator Sweet asked Mr. Matthews about his general thoughts on the term |
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RS13869 | Senator Brent Hill presented this legislation that would add spores of mycelium, capable of producing mushrooms that contain psilocybin or psilocin, to the list of Schedule I controlled substances. The Board of Pharmacy needs it to close a loophole that makes it so law enforcement cannot prosecute those who obtain the spores that contain the drug. The spores grow what is called a “sacred mushroom” that contains a hallucinogenic drug. Senator Burkett asked if this might be the start of a move to see anything used to grow a controlled substance included. Senator Hill said that was not the case, as there is no other purpose for a person to have these spores than to grow the mushrooms. Senator Bunderson asked if these mushrooms can be mistaken for those found in the grocery store. Senator Hill said he had learned a lot about the spores at a web site, <shroomwizard.com> that the mushroom is already on the Schedule 1, but the spore is not, so this legislation will add the spore. |
MOTION: | Senator Sorensen made a motion to send RS13869 to print. Second was by Senator Lodge and the motion carried by a voice vote. |
RS13796 | Senator Davis presented this legislation that would put a floor on statutory judgement interest rates of 10%. |
MOTION: | Senator Burkett made a motion to send RS13796 to print. Second was by Senator Sorensen and the motion carried by a voice vote. |
RS13799 | Senator Davis presented this bill that would add to and amend existinglaw to provide for the testing for alcohol, drugs or other intoxicating substances of persons operating vessels on waters of the state; to prohibit persons under the age of twenty-one years with specified alcohol concentrations from being in actual physical control of vessels on the waters of the state; and to provide that certain persons authorized to withdraw blood for the purpose of determining the content of alcohol or other intoxicating substances shall be immune from criminal liability. |
MOTION: | Senator Sorensen made a motion to send RS13799 to print. Second was by Senator Lodge and the motion carried by a voice vote. |
S1280 | Kandee Yearsley, Child Support Program manager with the Department of Health and Welfare, presented this legislation regarding financial institution data match for Child Support. Single parents in Idaho are owed over $380M in past due support. Financial institution data match, or FIDM is an aggressive enforcement tool that targets parents who have the financial resources to pay but won’t. The FIDM process is the last resort means of collecting support and used only after every other available enforcement tool has been used with no success. Child Support’s responsibility to single families in Idaho is to establish and Idaho ranks near the bottom in National performance at 44th in FIDM This proposed legislation is a change in procedures, allowing Idaho to With the proposed administrative process, potential collections in excess of The proposed legislation will allow Idaho to cross state lines to collect This proposed legislation provides due process for the non-custodial parent, The legislation is being moved from Title 56,the Public Assistance and Senator Davis had some concerns about due process, and Ms. Yearsley Senator Bunderson asked Mr. Lee if they would like to fix the issue with an |
MOTION: | Senator Bunderson made a motion to send S1280 to the 14th order for amendment. Second was by Senator Sorensen and the motion carried by a voice vote. Senator Bunderson will carry this bill on the Senate floor. |
S1261 | Chris Bray presented this bill that relates to child custody. The decision regarding a proposed relocation of children is one of the most difficult and complex decisions a family law judge has to make. This bill provides eight factors which a family law judge may consider in doing so. Consistent with recent Idaho Supreme Court decisions, these factors create a balanced standard for judicial decision making. Litigation throughout the State of Idaho may be reduced when parents have statutory standards to follow. These factors were derived from the Model Relocation Act created by the American Academy of Matrimonial Lawyers and resulted in this legislation. Each section focuses on a child’s interests rather than a parents. Senator Davis asked if the court had rejected any factors of section 32-717E and was told they had not. Charles Bauer told the committee that he agreed that the State needs to Judge Michael Dennard addressed the committee and mentioned that this Senator Sorensen felt that maybe the committee should review the judges |
Adjournment: | Meeting was adjourned at 3:05 p.m. |
DATE: | February 18, 2004 |
TIME: | 1:30 p.m. |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Darrington, Vice Chairman Lodge, Senators Sorensen, Richardson, Bunderson, Davis, Sweet, Marley, Burkett |
MINUTES: | Senator Sweet made a motion to approve the minutes of February 16 as written. Second was by Senator Richardson and the motion carried by a voice vote. |
Committee
Vote: |
GUBERNATORIAL APPOINTMENT
Mike Matthews to the Commission of Pardons and Parole for a term |
MOTION: | Senator Sorensen made a motion to recommend to the full Senate the confirmation of Mike Matthews to the Commission of Pardons and Parole. Second was by Senator Lodge and the motion carried by a voice vote. |
RS14014 | Senator Davis presented this legislation relating to communications security to grammatically change and clarify the language of the statute. He explained that 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: | Senator Sorensen made a motion to send RS14014 to print. Second was by Senator Lodge and the motion carried by a voice vote. |
S1261 | Chris Bray continued the discussion of this bill saying that in relocation, or “move away” litigation cases, the judges rely on section 32-717, joint custody and treat everyone the same. They have to rely on existing law that doesn’t deal with the problem. He feels the factors identified in his bill can provide an immediate, practical benefit to family law judges. They can also be used at the status conference and by attorneys and the family law judge at the trail before the litigation begins. There are situations where a settlement of the entire case is left hanging by one or by a few unresolved issues. The attorneys can ask to speak to the judge in chambers for “guidance”. Then the judges is asked to advise what the ruling is likely to be. With this knowledge, the parties have their best opportunity to resolve the case. With the application of these factors, the decision by the family law judge can no longer be criticized as arbitrary or subjective. Their application has the potential to minimize litigation in “move away” cases and to create standards for parents to voluntarily resolve their differences. After hearing the review of the judiciary, Mr. Bray presented an amendment Senator Davis asked about a non-custodial spouse filing for a change of Kim Weiland, a single mother living in Meridian told the committee that she Senator Darrington asked Ms. Weiland if this law had been in place, would |
MOTION: | Senator Bunderson made a motion to send S1261 to the amending order. Second was by Senator Marley. A substitute motion was made by Senator Davis to hold S1261 in committee. Second was by Senator Sorensen. A vote on the substitute motion was carried by a voice vote and the bill will be held in committee. |
S1281 | Senator Darrington turned the Chairmanship of the committee over to Senator Lodge while he presented this bill regarding parental consent for tattooing, branding, and body piercing of any person under the age of eighteen years. Piercing of ear lobes and piercing for medical purposes are exempt from this legislation. No tattooing, branding or body piercing may occur on any person under the age of 14 years. The penalty for violation is an enhanced misdemeanor with additional penalty for subsequent violation within one year. Senator Darrington has been working on the idea for the legislation for about ten years, but recent developments have gotten the idea into proposed legislation. He feels that parents need to be given a chance to have a say in permanent things their children do. While some teens may disagree, the legislation has the support of tattoo and piercing parlors and many of them already require parental consent. At the present time, Hawaii is the only state that regulates this industry. Senator Sorensen asked how the age of 14 was chosen. Senator Senator Davis asked if the consent of a minor’s parent was needed only by Mike Kane, representing the Idaho Sheriff’s Association told the committee Marty Durand, legal counsel for the ACLU (American Civil Liberties Union) Skip Smyser spoke in favor of the bill for the Dental Association. Senator Davis told the committee that his son got a tattoo when he was 16, Senator Burkett felt that the committee seems quick to grab into the Senator Bunderson felt that the practitioners are more concerned about Senator Marley felt that licensing should probably have been looked at Senator Sweet agreed with Senator Davis on the permanence of these |
MOTION: | Senator Sorensen made a motion to send S1281 to the floor with a do pass. Second was by Senator Marley and the motion carried by a voice vote. |
DATE: | February 20, 2004 |
TIME: | 1:30 p.m. |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Vice Chairman Lodge, Senators Sorensen, Bunderson, Marley, Burkett |
MEMBERS
EXCUSED: |
Chairman Darrington, Senators Richardson, Davis, Sweet, |
MINUTES: | Senator Marley made a motion to approve the minutes of February 18 as written. Second was by Senator Bunderson and the motion carried by a voice vote. |
RS14121 | This is a concurrent resolution to reject a pending rule of the Department of Agriculture relating to livestock marketing and is being printed for Senator Stan Williams. This bill will be referred back to the Senate Ag Affairs Committee. |
MOTION: | Senator Sorensen made a motion to send RS14121 to print. Second was by Senator Marley and the motion carried by a voice vote. |
RS14122 | This is a concurrent resolution to reject certain pending rules of the department of agriculture relating to tuberculosis and the private feeding of big game animals and is being printed for Senator Stan Williams. This bill will be referred back to the Senate Ag Affairs Committee.. |
MOTION: | Senator Sorensen made a motion to send RS14122 to print. Second was by Senator Marley and the motion carried by a voice vote. |
RS14026 | This legislation was presented for Senator Bart Davis relating to the Uniform Commercial Code to clarify that farm product filings are treated differently than non-farm filings, and to insert a clarifying cross-reference to Idaho Code. This bill will be referred back to the Commerce department. |
MOTION: | Senator Burkett made a motion to send RS14026 to print. Second was by Senator Marley and the motion carried by a voice vote. |
S1302 | Bob Aldridge presented this legislation relating to guardians of minors to revise procedures relating to court appointment of guardians of minors to provide for de facto custodians. “De facto Custodian” means a person who has been the primary care giver for and financial supporter of, a child who has resided with the person for a period of six months or more if the child is under three years of age, and for a period of one year of more if the child is older than the age of three. If a person meets the definition of a de facto custodia, the court shall give the person the same standing that is given to each parent under this act. Joe Gallegos Associate State Director with AARP of Idaho spoke in Jacqui Batie, of Idaho Falls, Idaho spoke in favor of the bill as a Lin Graham, Idaho Falls, spoke in support of the bill. She is a classic Georgia Mackley, a member of the Idaho Kincare Coalition, AARP, Mary Zanders presented the committee with a picture of her Idaho KinCare Coalition presented a letter to the committee urging Senator Bunderson commented that this was outstanding legislation Senator Sorensen asked what would happen to a child of a parent with Senator Burkett asked if there was a provision for a de facto custodian Jody Carpenter, representing the Dept. of Health and Welfare would like Senator Bunderson commented that would be moving from permissive |
MOTION: | Senator Sorensen made a motion to send S1302 to the floor with a do pass. Second was by Senator Bunderson. |
DISCUSSION: | Senator Burkett commented that he had litigated many of these cases and he has represented grandparents in gaining guardianship. He supports the concept of this, but feels that the language is creating a huge area of litigation and would be extremely expensive. Senator Sorensen said she felt comfortable that this was taken from language in the Kentucky statute. |
VOTE: | Motion carried by a voice vote. Senator Bunderson will carry this bill on the Senate floor. |
ADJOURNMENT: | There was not time for Mr. Aldridge’s other two bills, so S1303 and S1304 will be heard on Monday. Meeting was adjourned at 3:00 p.m. |
DATE: | February 23, 2004 |
TIME: | 1:30 p.m. |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Darrington, Vice Chairman Lodge, Senators Sorensen, Bunderson, Davis, Sweet, Marley, Burkett |
MEMBERS EXCUSED: |
Senator Richardson |
MINUTES: | Senator Lodge made a motion to accept the minutes as corrected- an RS was printed for Senator Davis, not by Senator Davis as he was absent. Second was by Senator Sweet and the motion carried by a voice vote. |
GUBERNATORIAL APPOINTMENT
Del Ray Holm to the Commission of Pardons and Parole for a term |
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Mr. Holm told the committee that he had been on the Commission for 20 years although not consecutively. He served from 1983 until 1997 when he was not appointed by the Board of Corrections. Now, the Governor appoints and it is a better system than before. He had a 3 year leave of absence and then was reappointed. He said their job is to “empty the prison” and let out the ones that are most likely to succeed. They usually hear about the failures in the system, but not much about the successes. Senator Darrington commented that “Whenever you have people making decisions, occasionally they make the wrong decisions but you have to do that according to certain predictors. He asked about those predictors and are they fairly adequate and fairly reliable for making good decisions. Mr. Holm replied that the hearing officer really helps them out by writing the report and doing the groundwork, then gives them the study on the inmate. Then they consider the conduct within the prison and are able to make the decision based on those reports and hopefully it is the right one. Senator Darrington asked how successful the programs were that the Senator Lodge questioned that where he had been on the Commission for Senator Burkett asked about the day to day counselor and the hearing Senator Marley commended Mr. Holm for his willingness to do this work Senator Bunderson asked for an assessment of the results of the drug and Senator Sweet asked over the next 10 years, what would be the biggest Senator Darrington thanked Mr. Holm for answering the committee’s |
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Senator Darrington explained to the committee that S1332 would be held until Friday. Also, the committee had been asked to print legislation by other Chairmen and the following bills will be returned to the respective committees. |
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RS13863C1 | Relating to Inverse Condemnation – Senate Transportation Committee |
RS14141 | Relating to the residential mortgage practices act- Commerce Committee |
RS14133 | Relating to the employment security law- Commerce Committee |
RS14134 | Requires general contractors to provide information to and gain approval of homeowners for work in excess of $2000.- Commerce Committee |
RS14132C1 | Relating to alternative teacher qualifications to impose limits on adoption of an alternative teacher qualification program and to require research and a report.- Education Committee |
MOTION: | Senator Sorensen made a motion to send RS13863C1, RS14141, RS14133, RS14134 and RS14134C1 to print. Second was by Senator Lodge and the motion carried by a voice vote. |
RS14149 | Relating to the worker’s compensation law to revise the definition for “community service worker” is legislation from Jon Sowers and will be referred to Local Government and Taxation Committee. |
MOTION: | Senator Sorensen made a motion to send RS14149 to print. Second was by Senator Marley and the motion carried by a voice vote. |
RS14164 | Heather Reilly, Idaho Prosecuting Attorneys Association presented this bill to correct a potential “loophole ” that may allow a person who has been indicted by a grand jury, to avoid prosecution under the indictment by avoiding arrest for six months after the indictment is filed. |
MOTION: | Senator Sorensen made a motion to send RS14164 to print. Second was by Senator Lodge and the motion carried by a voice vote. |
RS14138 | Senator Marley presented this legislation that amends and adds to an existing law to establish an Idaho Freemason license plate program to express their brotherhood and fraternal order and shall be used exclusively for supporting charitable activities. This bill will return to the Senate Transportation Committee. |
MOTION: | Senator Sorensen made a motion to send RS14138 to print. Second was by Senator Lodge and the motion carried by a voice vote. |
S1303 | Bob Aldridge presented this as a trailer bill to S1251.This legislation relates to probate of wills and filing of claims to change the time limit for filing of claims from two years to three years. The existing language limits the presentation to two years, but probate can be filed up to three years. The problem is that people were waiting for 2 years and a day to file probate to avoid paying Medicaid State recovery and no claim could be presented. This is unfair, is cheating the tax payers of Idaho and avoiding a proper repayment system. This legislation will solve that problem, by changing the two year limit after death to a three year limit after death when a probate claim can be filed. |
MOTION: | Senator Bunderson made a motion to send S1303 to the floor with a do pass. Second was by Senator Lodge and the motion carried by a voice vote. |
S1304 | Bob Aldridge told the committee that this legislation makes substantial changes to the Homestead provisions of Idaho Code and includes a revocation of section 55-1010. In consultation with the estate recovery division of Health and Welfare, the best way to clarify and simplify the methods used by Estate Recovery would be by enacting a new section with the language in this bill. The same result may still be reached through probate procedures without enactment of this new section, but the new section w ill make the legal situation absolutely clear. |
MOTION: | Senator Marley made a motion to send S1304 to the floor with a do pass. Second was by Senator Burkett and the motion carried by voice vote. |
S1369 | Senator Davis presented this bill that would put a floor on statutory judgement interest rates of 10%. He told the committee that 15 years ago, a floating rate was attached to interest rates, and is a good way for a debtor to make an investment. This rate needs a floor put on it. Allyn Dingel, representing State Farm spoke in opposition to the bill. He Senator Burkett asked if there was a problem when the interest rate was Senator Davis felt that this was a motivation for people to pay an invoice on Phil Barber, representing the American Insurance Association, of over 300 Senator Davis asked Mr. Barber if interest should be entitled as a matter of Brad Dixon, Property Casual Insurance Company representing 1000 |
MOTION: | Senator Sweet made a motion to send S1369 to the floor with a do pass. Second was by Senator Burkett. |
DISCUSSION: | Senator Burkett felt that the fixed rate is good at the lower level, because there is a difference between banks and small businesses. Banks are loaning money at market rate, and small business are not in the banking business, they don’t want to loan the money, they want to get the money so they can have it for operating capitol and keep their business afloat. There needs to be some low level of protection and 10% is fair. Senator Bunderson commented that he is more comfortable with the language that is in place already. He doesn’t see any compelling reason to put a floor on the rate and wonders if it would accomplish a great deal. If you look at market rates, this would only have applied in 1992 and 2001 and 2002. He doesn’t see a problem, feels that the market should govern the interest rate and it can be calculated on an independent source. It is a known factor and the motivation would encourage people to settle. The factors driving settlement won’t be the interest rate, there are other factors that are more compelling. |
SUBSTITUTE
MOTION: |
Senator Bunderson made a substitute motion to hold S1369 in committee. Second was by Senator Sorensen. |
DISCUSSION: | Senator Davis commented that he has filed an appeal or two over the years and he can certainly represent to the Court that the interest rate calculation projected for this year is up for discussion. That 6%, it gets to the point where business is probably less concerned about it. At 18% there is too much anxiety about it. He just knows that in their family situation with a small business, that when money is owing and it has a meaningful rate, they get paid. There are a lot of judgments out there that aren’t getting paid. He feels that people file suit and get judgments so they can play the market. His clients, who are small business owners, sue, because they need their bills paid. When he has a finance charge of 21%, then he is being told the minute the court enters the judgment it is 6%, he said there is some intellectual nexus, but he doesn’t get it. He feels that setting a modest floor of 10% which is below the legally recognized rate of open accounts is burdensome or cumbersome, and he votes on the original motion. Senator Burkett represents small business as well as some who have the judgments against them and being collected, and getting money at 6% is like a gold mine for them. He said, “Otherwise, they are down at the Money Store paying 21% or 40% sometimes for some of these outrageous loans. Some of those who have testified today are representing big companies, big enterprises, but what is happening on the street is small business versus folks that owe money, and that is a whole different game, and I think we need to protect small business”. Senator Bunderson said there are other ways of persuading people to pay bills, such as offering a discount which is a common practice, or offer a net 30 day pay, so the interest rate is not always the factor that makes the difference. He stated that “The difference between 6 and 10% is modest enough that there are other factors driving my decision”, and he supports the substitute motion. |
VOTE: | Voting Aye, Senators Bunderson, Marley, Sorensen, Lodge and Darrington, Voting Nay, Senators Davis, Sweet and Burkett. The substitute motion passed and S1369 will be held in committee. |
H586 | Mike Kane presented this bill designed to amend the Idaho criminal statute dealing with nepotism to reflect the legislative intent contained in the Ethics in Government Act. Under the 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 councilperson 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. This bill adopts the language of the Ethics in Government Act, which only applies to the dependants or spouse of the elected official. In other words, only spouses or dependants will have their careers frozen during the elected official’s tenure in office. |
MOTION: | Senator Davis made a motion to send H586 to the floor with a do pass. Second was by Senator Sorensen and the motion carried by a voice vote. |
S588 | Mike Kane presented this bill that was designed to delete obsolete language from the Idaho Code pertaining to duties of the sheriff in regard to keeping of jails. The four statutes in question were all enacted in the nineteenth century and have no application to modern correctional practices. He quoted the statute 20-608 that required a sheriff to remove a prisoner to a safe and convenient place when a county jail or a building close to it is on fire. He told the committee this was put in law in 1864 and is just common sense now. |
MOTION: | Motion was made by Senator Lodge to send H588 to the floor with a do pass. Second was by Senator Sorensen and the motion carried by a voice vote. |
DATE: | February 25, 2004 |
TIME: | 1:30 p.m. |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Darrington, Vice Chairman Lodge, Senators Sorensen, Richardson, Bunderson, Davis, Sweet, Marley, Burkett |
MINUTES: | Senator Sweet made a motion to accept the minutes of February 25 as written. Second was by Senator Lodge and the motion carried by a voice vote. |
Committee Vote: | GUBERNATORIAL APPOINTMENT
Del Ray Holm to the Commission of Pardons and Parole for a term |
MOTION: | Senator Burkett made a motion to recommend to the full Senate, the confirmation of Del Ray Holm to the Commission of Pardons and Parole. Second was by Senator Sweet and the motion carried by a voice vote. Senator Marley will sponsor Mr. Holm on the Senate floor. |
RS14173 | The Education Committee requested that this be sent to print regarding charter schools and then referred back to their committee. |
MOTION: | Senator Lodge made a motion to send RS14173 to print. Second was by Senator Marley and the motion carried by a voice vote. |
RS14192 | Patti Tobias, Idaho Supreme Court, presented this bill that will increase the annual salary of the justices of the supreme court, judges of the court of appeals, district judges, and attorney and nonattorney magistrate judges by two percent beginning July 1, 2004. |
MOTION: | Senator Richardson made a motion to send RS14192 to print. Second was by Senator Marley and the motion carried by a voice vote. |
S1371 | Senator Hill presented this bill that would add the spores of mycelium that are capable of producing mushrooms that contain psilocybin or psilocin to the schedule I controlled substances list. He found the definition of Psilocybin in the National Drug Threat Assessment of 2002 catalog. “Psilocybin is a hallucinogen that can be produced synthetically but is found more commonly in several species of mushrooms. Independent growers cultivate psilocybin mushrooms indoors and frequently harvest those that grow wild.” He then told the committee what the ingestion of psilocybin does, “Psilocybin use causes a variety of physical and mental effects including hallucinations, euphoria, anxiety, panic, paranoia, stomach cramps and nausea. Psilocybin mushroom can cause death if ingested in large doses, and effects can last up to 8 hours.” (See attached #1c) Senator Hill deferred to an attorney from Rexburg who had represented a Greg Mueller presented the committee with a booklet on the He told the committee that the psilocybin mushrooms are widely used by |
MOTION: | Senator Sorensen made a motion to send S1371 to the floor with a do pass. Second was by Senator Lodge and the motion carried by a voice vote. Senator Hill will carry this bill on the Senate floor. |
H518 | Brent Reinke presented this bill that is the juvenile answer to what has been done with the adult system. Forty-seven states have adopted this Interstate Compact and twelve states have adopted the Juvenile Interstate Compact. There won’t be action until 35 states have adopted it and it would be to Idaho’s advantage to be one of the first 35 who will meet and draft the rules for the compact. (See attached #4) Senator Darrington commented that the cost would be about that of Senator Richardson asked about the record keeping and was told that Police Chief, Michael Johnson spoke in support of this bill. He said Idaho |
MOTION: | Senator Lodge made a motion to send H518 to the floor with a do pass. Second was by Senator Burkett and the motion carried by a voice vote. Senator Lodge will carry this bill on the Senate floor. |
S1333 | Richard Stover, Boise City Office of the City Attorney’s office presented this bill that relates to aircraft and airport safety. He said that two years ago, the legislature made it against the law to carry a weapon into a sterile area. Now there is a problem with subsection 5, 6, and 7 and some judges are tossing the cases out as there is no penalty. There is no language for when a person refuses to let airport security screen their luggage. The language needs to be added for the judge to know what the intent is. In subsection 5, new language is “Any person who pleads guilty to or is found guilty of refusing to submit to a search or screening as provided in this subsection shall be guilty of a misdemeanor.” According to case law, when a person puts their bags on the conveyor Senator Sorensen asked if this was a problem in Idaho and was told that Marty Durand of the ACLU spoke in opposition to this bill on 4th Mike Johnson spoke that this speaks to a different part of the bill and the Senator Davis commented that there are civil penalties and when it |
Senator Burkett asked if a person refuses a request to be searched. He was told that if the line was crossed, the bag goes on and the person goes. TSA will ask to see what it is and then deal with it. A person can be escorted out and the luggage would go to security. Mr. Johnson would like to have the “teeth” to deal with it. Senator Darrington asked if this was a case of the State law being put Senator Sweet asked if there would be problems of going to a stricter Senator Davis would like to see a balance between the right to withdraw |
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MOTION: | Senator Davis made a motion to send S1333 to the floor with a do pass. Second was by Senator Sorensen. |
DISCUSSION: | Senator Sorensen felt there was greater comfort knowing that what goes on the belt to be screened is “willfully and intentionally” brought and this takes care of the problem. Senator Burkett commented that he felt that the “Search and Seizure” |
COMMITTEE
VOTE: |
Motion carried by a voice vote. |
S1235 | Senator Burkett presented this bill which revises the definition of terrorism to insure that it does not include misdemeanor acts and those of protest or civil disobedience that are not intended to endanger human life. He felt the law passed in Idaho in 1998 went to far, and could include acts Major General Kane spoke in opposition to this bill. He said the state Senate Bill 1235 requires that the criminal act be “IMMINENT” and could Darlene McMaster, testified that she feels the word terrorist is defined too |
Adjournment: | Senator Darrington told the committee that the time had passed for our committee to adjourn and this bill would be taken up at the next meeting, on Friday, February 27. Meeting was adjourned at 3:00 p.m. |
DATE: | February 27, 2004 |
TIME: | 1:30 p.m. |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Darrington, Vice Chairman Lodge, Senators Sorensen, Richardson, Bunderson, Davis, Sweet, Marley, Burkett |
MINUTES: | Senator Bunderson made a motion to approve the minutes as written. Second was by Senator Davis and the motion carried by a voice vote. |
RS14200 | Dave Nelson, deputy administrator of operations division for the Department of Correction presented this bill that 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. |
MOTION: | Senator Davis made a motion to send RS14200 to print. Second was by Senator Bunderson and the motion carried by a voice vote. |
RS14198-To allow the Idaho State Department of Agriculture and the Idaho Department of Fish and Game to work cooperatively to control the spread of brucellosis in Eastern Idaho-printed for the Ag. Committee |
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RS14194- To amend the statutory language to broaden the use of “do not resuscitate orders” and DNR protocols beyond emergency medical services personnel and to clarify the Department of Health and Welfare’s role and rule making authority in the section was printed for Health and Welfare Committee |
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RS14156 To establish the Idaho Prescription Drug Program was printed for the Health and Welfare Committee. |
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MOTION: | Senator Sorensen made a motion to send RS14198, RS14194, and RS14156 to print. Second was by Senator Burkett and the motion carried by a voice vote. |
RS14212- Relating to Volunteer Liability to define “Public Service Entity” is a bill for the Lt. Governor, who is chair of the Council on Mental Health. |
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MOTION: | Senator Davis made a motion to send RS14212 to print. Second was by Senator Sorensen and the motion carried by a voice vote. |
Senator Burkett started the continuing discussion on S1235, relating to the Terrorist Control Act to revise the definition for “Terrorism”. Mike Henderson, deputy attorney general spoke in opposition to the bill. He said the issue of terrorism was dealt with as part of Senate Bill 1348 in 2002. Terrorism means activities that: 1) are a violation of Idaho criminal law; 2) that involve acts dangerous to human life; 3) that are intended to intimidate or coerce a civilian population; influence the policy of a government by intimidation or coercion; or affect the conduct of a government by the use of weapons of mass destruction. There are penalties in the present law for life imprisonment and up to $50,000 Heather Reilly spoke in opposition to the bill on behalf of the Law Marty Durand, ACLU, spoke in favor of the bill as it narrows the definition of Robert McMinn representing the Green Party spoke in favor of the bill. His Gwen Sanchirico, Idaho Patriots also testified in favor of the bill as she feels it Senator Marley asked Ms. Sanchirico what her group was for and was told Brandi Swindell, National Director of the Generation Life, a political and social Senator Davis commented that when the bill originally came up, he didn’t Rich Stover was asked about the prosecution aspect of the bill and told the Senator Burkett said that this act clearly reaches to acts of civil |
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MOTION: | Senator Bunderson made a motion to hold S1235. Second was by Senator Richardson. |
Discussion: | Senator Bunderson was concerned about some of the points the sponsor raised in reference to risk of rights. Senator Davis felt that a good hard look to be taken about the worry of some of the threats that were brought up. Senator Sweet also had concerns, and thinks it is wise to hold this bill to discuss the concerns that the prosecutors have. It was mentioned that the original legislation had room for improvement and hopefully a compromise bill will come back. |
SUBSTITUTE
MOTION: |
Senator Marley made a substitute motion to send S1235 to the 14th order for amendment. There was no second and the motion died for lack of a second to the motion. |
COMMITTEE
VOTE: |
A vote was held for the original motion to hold S1235. The motion was carried by a voice vote. S1235 will be held in committee. |
S1332 | Senator Burkett presented this bill that would establish the Idaho False Claims Act. Fraud against the government can take multiple forms; among the most significant are procurement fraud, false claims and Medicare/Medicaid fraud. The purpose of this legislation is to allow private citizens to initiate an action which may be joined by the state Attorney General or a political subdivision seeking recovery of government monies that have been wrongfully paid. The private citizen exposing fraud will share in any money recovered. Senator Burkett and the co-sponsor, Senator McWilliams believe there will be a positive fiscal impact since this legislation will encourage individuals who are aware of fraud against the state or political subdivisions to bring the information forward and allow recovery by the state. Barbara Beehner-Kane who was the drafter of S1332 told the committee that This act provides that those who knowingly submit or cause another purpose Senator Darrington questioned in Section 2616 about those who don’t like Senator Davis was concerned about the statute of limitations. He asked if Mike Silva a private citizen spoke in favor of the bill. He is a former |
Senator Darrington told the committee that the discussion of this bill would be continued on Monday, March 1. |
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ADJOURN: | Meeting was adjourned at 2:55 p.m. |
DATE: | March 1, 2004 |
TIME: | 1:30 p.m. |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Darrington, Vice Chairman Lodge, Senators Sorensen, Richardson, Bunderson, Davis, Sweet, Burkett |
MEMBER
EXCUSED: |
Senator Marley |
MINUTES: | Senator Sweet made a motion to accept the minutes of February 27 as written. Second was by Senator Lodge and the motion carried by a voice vote. |
S1332 | Senator McKenzie told the committee that he found out about this bill last Friday and was going to bring about similar legislation next year. The modern False Claims act dates from the Civil War. Also known as the “Lincoln Law,” it was enacted to combat the fraud perpetrated by suppliers to the Union Army. War profiteers were shipping boxes of sawdust instead of guns, and swindling the Union Army into purchasing the same cavalry horses several times. President Abraham Lincoln strongly advocated passage of the False Claims Act. It contained provisions that allowed private citizens to sue, on the government’s behalf, companies and individuals that were defrauding the government. Congress passed the statute on March 2, 1863. Lincoln’s Law remained unchanged until 1943 when Congress radically altered the provisions and eliminated the incentive for a private citizen to bring a claim and prohibited lawsuits based on evidence or information already in the possession of the federal government. This provision effectively prevented whistle blowers from filing a lawsuit if any government employee had received a tip about the fraud or if any information about the fraud was contained in any file even if the government was not investigating the matter or trying to stop the fraud, and even if the whistle blower was the source of the government’s knowledge. Following the 1943 amendments to the False Claim’s Act, it fell into almost complete disuse. In the mid 1980’s, Congress took another look at the law spurred by Congress decided to revise the False Claims Act, and Senator Charles Senator Sweet asked if there have been any applications of abuse with Ken McClure spoke in opposition to the bill, on behalf of the Idaho The nature of problems are that if a private party files a lawsuit, which a Steve Millard, representing the Idaho Hospital Association told the Steve Ahrens, IACI, spoke against the bill saying that they have no Mond Warren, Chief, Bureau of Audit and Investigations, spoke to the Senator Richardson asked how the False Claims Act was used and Senator Bunderson asked about those who cannot be touched, such as Senator Burkett asked that since the Federal Statute is in place, would Senator Sweet asked if he believed that there was a potential of a Barbara Kane had prepared a table that compares the Federal and State Senator McWilliams told the committee that the bill is based on other |
MOTION: | Senator Davis made a motion to hold S1332 in committee. Second was by Senator Lodge and the motion carried by a voice vote. |
S1379 | Senator Davis presented S1379 and told the committee that the purpose of this legislation is to grammatically change and clarify the language of the statute. 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: | Senator Bunderson made a motion to send S1379 to the floor with a do pass. Second was by Senator Lodge and the motion carried by a voice vote. Senator Davis will carry this bill on the Senate floor |
S1394 | Heather Reilly presented S1394 on behalf of the Idaho Prosecuting Attorneys Association to amend Idaho Code Section 19-3501 when an action may be dismissed to change the way the six (6) month speedy trial requirement begins running for charges brought under an indictment. Currently, the six (6) months begins running on the date the indictment is filed with the court. This creates a potential “loophole” that may allow a person who has been indicted by a grand jury, to avoid prosecution under the indictment by avoiding arrest for six (6) months after the indictment is filed. This amendment would close that loophole by requiring the defendant to be arraigned before his speedy trial right begins to run. |
MOTION: | Senator Richardson made a motion to send S1394 to the floor with a do pass. Second was by Senator Lodge and the motion carried by a voice vote. Senator Darrington will carry this bill on the Senate floor. |
H571 | Representative Robert Ring presented this bill is intended to close a “loophole” in the law regarding Drug Court Participation Fees. The proposed law is intended to ensure that all participants are accountable for the costs and fees that were incurred during their participation in the program. In a recent Idaho Court of Appeals case, State of Idaho v. Jennifer McCool, June 3, 2003 , the Court 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. Drug Court fees are necessary for the successful operation of the program and can lawfully be ordered by a court for drug court participants under Idaho Code 31-3201E. It is unfair that unsuccessful participants can be relieved of the burden to pay the fees simply by not complying with the drug court conditions and being terminated from 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. There is no anticipated impact on the General Fund, but there will be a small increase in the Drug Court Fund. Heather Reilly spoke in favor of the bill and said that the LELC supports |
MOTION: | Senator Davis made a motion to send H571 to the floor with a do pass. Second was by Senator Lodge and the motion carried by a voice vote. Senator Sweet will carry this bill on the Senate floor. |
H642 | Representative Richard Wills presented this bill that would provide that the administrative judge of a judicial district shall serve a period of time established by rule of the Idaho Supreme Court. The duties of an administrative judge are prescribed by statute and rules of the Idaho Supreme Court, and administrative judges work closely with the Idaho Supreme Court in administering the Idaho court system. As currently provided, the administrative judge is elected to a term of office the length of which is determined by the other district judges in the district or, in an isolated case when the district judges cannot agree on a candidate, by the Supreme Court. The term of office and turnover of administrative judges varies from judicial district to judicial district. The amendment proposed by this legislation authorizes 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 in carrying out Supreme Court policies and the duties of their office. |
MOTION: | Senator Davis made a motion to send H642 to the floor with a do pass. Second was by Senator Richardson and the motion carried by a voice vote. Senator Richardson will carry this bill on the Senate floor. |
H644 | Patti Tobias, Idaho Supreme Court presented this bill that would add a new section to 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. Also they would be provided with training covering the application and use of these documents, and other services provided in connection with court assistance offices and coordinated family services as authorized in Idaho Code. Presently, Idaho law provides some dedicated funding for the staffing of court assistance offices and coordinated family services, but the delivery of these services also relies on the contributions of counties in furnishing facilities and operational expenses. This bill will assist counties in recovering some of their costs in helping to facilitate the delivery of these vital services to the public. 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. This bill will not affect the state general fund, but will positively impact the ability of counties to support family court services and court assistance offices in discharging the responsibilities imposed on them by law. |
MOTION: | Senator Lodge made a motion to send H644 to the floor with a do pass. Second was by Senator Davis and the motion carried by a voice vote. Senator Lodge will carry this bill on the Senate floor. |
ADJOURNMENT: | Meeting was adjourned at 3:00 p.m. |
DATE: | March 3, 2004 |
TIME: | 1:30 p.m. |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Darrington, Vice Chairman Lodge, Senators Sorensen, Richardson, Bunderson, Davis, Sweet, Marley, Burkett |
MINUTES: | Senator Lodge made a motion to accept the minutes of March 1 as written. Second was by Senator Richardson and the motion carried by a voice vote. |
RS14217 | To establish a study committee to undertake and complete a study of the statutes governing charter schools. This bill will be referred to the Education Committee. |
RS14229 | Provides for definitions of specialty journeymen and apprentices. This bill will be referred to the Commerce Committee. |
RS14234 | Relating to the Idaho Transportation Board, the State Highway Account and the Idaho Housing and Finance Assn. to utilize bonds or notes to finance projects for transportation infrastructure. This bill will be referred to the Transportation Committee. |
MOTION: | Senator Davis made a motion to send RS14217, RS14229 and RS14234 to print. Second was by Senator Richardson and the motion carried by a voice vote. |
S1407 | Patti Tobias presented this bill for the Idaho Supreme Court, that willThis bill will increase the annual salary of justices of the supreme court, judges of the court of appeals, district judges, and attorney and nonattorney magistrate judges by two percent (2%) beginning July 1, 2004. Presently there are no nonattorney magistrate judges serving full-time in the state of Idaho. 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 under Section 1-2221, Idaho Code. The two percent (2%) salary increase for justices and judges will cost $279,700.00, which is funded from the general fund and was approved by JFAC last week. |
MOTION: | Senator Davis made a motion to send S1407 to the floor with a do pass. Second was by Senator Sweet and the motion carried by a voice vote. |
H668 | Representative Debbie Field presented this bill that was drafted after a call from a woman who was stalked for over 10 years and the statutes in Idaho couldn’t help her. The law needed to be taken one step further and this legislation will do that by breaking stalking out into first-degree and second-degree stalking. First-degree stalking is a felony and is committed when an individual commits second-degree stalking and at least one of the enumerated aggravators. The penalty for second-degree stalking is the same as that already provided in Idaho Code. Representative Field told the committee that she had put several of their Kathy Peterson, the victim of stalking that called Chairman Field, told the Senator Darrington told Ms. Peterson that the committee was concerned Heather Reilly, Idaho Prosecuting Association supports the bill. She said Ms. Reilly presented a sheet of stalking facts. (See attached #1) While Senator Burkett asked why there was such an expansive definition of |
MOTION: | Senator Burkett made a motion to send H668 to the floor with a do pass. Second was by Senator Lodge and the motion carried by a voice vote. Senator Burkett and Senator Lodge will co-sponsor this bill on the |
H519 | Major Ralph Powell, Idaho State Police presented this bill whose purpose
is to seek restitution for the analysis of controlled substances for Idaho Code allows restitution to be sought from offenders, upon It is estimated that this proposal may generate up to $50,000 annually for |
MOTION: | Senator Lodge made a motion to send H519 to the floor with a do pass. Second was by Senator Sorensen and the motion carried by a voice vote. Senator Lodge will carry this bill on the Senate floor. |
H520 | Colonel Dan Charboneau, Idaho State Police presented this bill relating to the Idaho DNA database Act of 1996. He introduced the director of the DNA , Cindy Hill. This proposed amendment to the statute provides for the addition of two A review of the state of Virginia database showed that nearly half of all Estimated costs for the increase in samples based on felony burglary and Marty Durand, ACLU, spoke in opposition to H520 and told the committee Under Idaho law anyone who enters a building or vehicle intending to Burglary is punishable by one to ten years in state prison, which makes it This bill assumes that someone who steals from a store is going to go on Dennis Benjamin spoke about H520 and presented an amendment Heather Reilly spoke about H520 and said that the suggestion that an Therefore law enforcement would not be able to determine which burglary Detective Greg Morgan, Boise police department told the committee that |
MOTION: | Senator Burkett made a motion to send H520 to the floor in the 14th order for amendment. Second was by Senator Marley and the motion carried by a voice vote. The chairman is recorded as voting no. |
DATE: | March 5, 2004 |
TIME: | 1:30 p.m. |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Darrington, Vice Chairman Lodge, Senators Bunderson, Davis, Sweet, Marley, Burkett |
MEMBERS
EXCUSED: |
Senators Sorensen and Richardson |
MINUTES: | Senator Davis made a motion to accept the minutes of March 3. Second was by Senator Sweet and the motion carried by a voice vote. |
RS14250 | Senator Davis introduced this legislation that is a trailer bill to Senate Bills 1227 and 1228. The purpose of this is to provide a consistent set of definitions between Article 1 and Article 7 of the Uniform Law Code that was revised by these bills. This bill needs to be printed and go to the floor with a do pass. |
MOTION: | Senator Bunderson made a motion to send RS14250 to print and to the floor with a do pass. Second was by Senator Lodge and the motion carried by a voice vote. |
S1420 | Brent Reinke presented this bill to clarify limitations on personal liability of individuals who volunteer their services to the state of Idaho pursuant to an executive orders. Idaho Code 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 also by an executive order of the governor, and are not specifically addressed in current law. Idahoans volunteering to serve with such groups provide an invaluable service to the citizens of this state, and need the same clear liability protection. |
MOTION: | Senator Sweet made a motion to send S1420 to the floor with a do pass. Second was by Senator Lodge and the motion carried by a voice vote. Senator Darrington will carry this bill on the Senate floor. |
H564 | Tim Hurst of the Secretary of State’s office presented this bill that clarifies the restoration of voting rights of persons convicted of a felony in another state or jurisdiction. Persons convicted of felonies in other states or jurisdictions shall be allowed to register and vote in Idaho upon final discharge which means satisfactory completion of imprisonment, probation and parole as the case may be. These individuals shall not have the right restored to ship, transport, possess or receive a firearm in the same manner as an Idaho felon as provided in Code. Senator Darrington commented that this firearm provision applies to all |
MOTION: | Senator Davis made a motion to send H564 to the floor with a do pass. Second was by Senator Sweet and the motion carried by a voice vote. Senator Lodge will carry this bill on the Senate floor. |
H587a | Mike Kane presented this bill designed to amend Idaho Code to shift the duty of filing certificates of surrender from the county sheriff to the surrendering bondsman. In the amendment, it also clarifies that a bondsman may only surrender a prisoner in the county where the prisoner is being prosecuted. |
MOTION: | Senator Lodge made a motion to send H587a to the floor with a do pass. Second was by Senator Marley and the motion carried by a voice vote. Senator Marley will carry this bill on the Senate floor. |
H727 | Representative Ann Rydalch presented this legislation that closes a loophole in the law regarding sex offenders in a day care. This bill adds to and amends existing law to provide prohibited employment locations and prohibited behavior of adult sex offenders and owners and operators of day care facilities. This also extends to juvenile sex offenders and operators of day care facilities; to provide penalties; to waive Juvenile Corrections Act jurisdiction over certain juvenile sex offenders; to provide notification to sex offenders and juvenile sex offenders of prohibited conduct; and to provide for judicial relief for adult or juvenile sex offenders of certain employment prohibitions. Senator Darrington commented that the problems arising with day care Mike Kane spoke in favor of this bill and said that this imposes new duties Bill von Tagen spoke in behalf of Attorney General Lawrence Wasden saying |
MOTION: | Senator Sweet made a motion to send H727 to the floor with a do pass. Second was by Senator Marley and the motion carried by a voice vote. |
Adjournment: | Meeting was adjourned at 2:00 p.m. |
DATE: | March 8, 2004 |
TIME: | 1:30 p.m. |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Darrington, Vice Chairman Lodge, Senators Sorensen, Richardson, Bunderson, Davis, Sweet, Marley, Burkett |
MINUTES: | Senator Bunderson made a motion to approve the minutes of March 5. Second was by Senator Lodge and the motion carried by voice vote.. |
S1416 | Dave Nelson, Idaho Department of Correction presented this bill that 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. This bill would halt any attempt on the part of a drug court participant to challenge the legal authority of the officer from carrying out his or her responsibilities to supervise, and if necessary arrest a drug court participant if he violates the conditions of the drug court program. The probation & parole officer is a member of the drug court team led by the judge, and generally includes the treatment provider, the drug court coordinator, the prosecutor, and the defense attorney. Senator Bunderson asked how the judiciary felt about this legislation and |
MOTION: | Senator Sorensen made a motion to send S1416 to the floor with a do pass. Second was by Senator Lodge and the motion carried by a voice vote. |
H609 | Monte MacConnell, Director of Idaho Victim’s Rights presented this legislation that will address the concerns that the Idaho Supreme Court raised in the case of State v. Lovelace, decided on July 23, 2003 that “Idaho has not provided by statute or constitution that victim impact evidence is a matter relevant to determination of the sentence in the sentencing phase of a capital case.” Specifically, it will provide that victim impact evidence is both relevant and admissible at the sentencing phase of a capital case. He is concerned because of the murder of Kathleen Terry and her unborn Information concerning the victim and the impact that the death of the victim Senator Darrington asked Mr. MacConnell if with the emergency clause put |
MOTION: | Senator Lodge made a motion to send H609 to the floor with a do pass. Second was by Senator Sorensen and the motion carried by a voice vote. Senator Richardson will carry this bill on the Senate floor. |
H641 | Representative Harwood presented this bill that would prevent a meth lab from being built within 1000 feet of a Head Start school, preschool, daycare center, family day care home or group day care facilities as defined in Section 39-1102, Idaho Code. This defines the sentencing in cases involving certain drug crimes that would occur near these types of facilities. In 2002 and 2003, 2 cases were filed each year, and none were filed in 2004. Senator Darrington asked what a family day care home was as he was Senator Burkett asked what was involved in this and was told that it related to Marty Durand, representing the ACLU, American Civil Liberties Union of |
MOTION: | Senator Sweet made a motion to send H641 to the floor with a do pass. Second was by Senator Richardson. |
Discussion: | Senator Burkett felt that this takes a good concept but expands it to far and puts it at risk. He didn’t feel it would keep anyone involved in drugs from kids, and the best thing would be to hold it in committee. Senator Davis felt the addition of the Head Start school was fine, but he was anxious about the cause for concern for the other facilities and the breadth of the bill. |
VOTE: | The motion failed to get an aye vote and will be held in committee. |
H686 | Representative Shepherd presented this bill that would amend code to increase the penalty for owners or occupants failing to comply with orders for removal of a hazardous condition. This condition could be building that was dilapidated, liable to fire or is situated such as to endanger life, or other structures. The State Fire Marshall, assistants and deputies need to be able to inspect these at reasonable hours, and this exempts the interior of private dwellings, or building on farms of more than five acres. Code provides that if such is found to be in need of removal or remedy, an order must be complied with, however, the owner may appeal to the fire Marshall within 20 days of being served, and the fire Marshall has 10 days to review the order. Unless the order is revoked or modified, the code will remain in force. If an owner or occupant feel that the decision is faulty, they may within 30 days appeal to the district court having jurisdiction over the property. A penalty is then provided and for many years has been set at $10.00 per day for each day’s neglect and that is the reason for this bill. The purpose is to provide for reimbursement of the cost of enforcement by the offending party and the proposed amount is to remain at $10.00 a day for the first 7 days, then $50.00 for days 8 through 30 and $400.00 a day thereafter. It is felt that with the appeal time, and the gradual penalty increase, this should be a reasonable way to proceed and should bring more compliance. Fire Districts do not have the means to enforce serious violations of these safety issues and there needs to be a change in the penalty phase. Bruce Alcott spoke in favor of this legislation as did Chuck Lempess who said |
MOTION: | Senator Lodge made a motion to send H686 to the floor with a do pass. Second was by Senator Marley and the motion carried by a voice vote. Senator Marley will carry this bill on the Senate floor. |
ADJOURN: | Meeting was adjourned at 2:30 p.m. |
DATE: | March 10, 2004 |
TIME: | 1:30 p.m. |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Darrington, Vice Chairman Lodge, Senators Sorensen, Richardson, Bunderson, Davis, Sweet, Marley, Burkett |
MINUTES: | Senator Richardson made a motion to approve the minutes of March 8 as written. Second was by Senator Marley and the motion carried by a voice vote. |
RS14256 | This legislation is being printed at the request of Senator Andreason, for the Commerce and Human Resources committee and relates to public records to revise exemption provisions applicable to worker’s compensation records fo the Idaho Industrial Commission. |
MOTION: | Senator Lodge made a motion to send RS14256 to print. Second was by Senator Marley and the motion carried by a voice vote. |
H531 | Representative Trail presented this legislation that seeks to revise 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 legislation also permits expungement of police records in cases where the prosecutor elects to use the diversion process for rehabilitation or the court dismisses the case after the juvenile successfully completes an informal adjustment. This will enhance the ability for juveniles who have committed offenses to enter military service and other occupations earlier, rather than having to wait until they are 23 years old, which is the case for many of them under current law. This legislation will make Idaho law more consistent with that of the other Doug Whitney, Deputy Prosecuting Attorney for Latah County started this The Governor’s Task Force on Children at Risk has reviewed the Senator Darrington asked if the employment laws will allow an Senator Sorensen asked why fingerprints are sealed, when it could be Senator Bunderson asked about the Federal Law that military can ask Senator Richardson asked if it is a felony, are the penalties removed Senator Darrington commented that this wouldn’t apply to a juvenile Senator Lodge commented that the statement of purpose says it would He presented a letter from the Idaho Supreme Court with comments from Bill Lasley, liaison for District 6 and 7 Juvenile Corrections spoke in Heather Reilly, IDPA spoke in support of H531 and pointed out on page Marty Durand, ACLU, said it was a rare day when the ACLU and the |
MOTION: | Senator Bunderson made the motion to send H531 to the floor with a do pass. Second was by Senator Lodge. Motion carried by a voice vote. Senator Darrington will carry this bill on the Senate floor. |
H589 | Representative Anne Pasley-Stuart presented this bill brought by the Idaho Bail Agents Association to fix an oversight in the code that was passed in 2003. Currently, anyone could be designated by a bail agent (included a convicted felon), to make arrests of criminal defendants. The language being proposed by the Association corrects this oversight and assures that anyone who is designated by a bail agent must be at least 21 years of age and have not been convicted of a felony. This legislation protects the public by ensuring convicted felons cannot be designated by a bail agent to make arrests. The amendments in this legislation were placed there at the request of the Idaho Sheriff’s Association and the Idaho Peace Officer’s Association. Senator Darrington commented that bail agents are a divided group |
MOTION: | Senator Sorensen made a motion to send H589 to the floor with a do pass. Second was by Senator Marley. Motion carried by a voice vote with the chairman voting no. Senator Burkett will carry this bill on the Senate floor. |
H667 | Representative Wendy Jacquet presented this bill that would add a new section to 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. This bill was drafted because of threats made on the lives of students at Senator Darrington questioned how idle talk would be separated from Senator Sorensen felt that this is opening a can of worms, that it would Senator Sweet asked about the limitations and why it was narrowed and Senator Bunderson asked about the definition of firearm in title 18, as a Marty Durand, ACLU spoke in opposition to this bill and presented an Senator Bunderson asked if anthrax or a gas would qualify. Ms. “Except in the person’s place of abode or fixed place of business, a |
MOTION: | Senator Davis made a motion to hold H667 in committee. Second was by Senator Sweet. |
DISCUSSION: | The definition of a dangerous weapon as defined in Section 18-3302D is not the intention of the sponsor. |
SUBSTITUTE MOTION: |
Senator Marley made a motion to send H667 to the 14th order for amendment. Second was by Senator Burkett. |
Committee Vote: | The motion to send H667 to the 14th order failed by a voice with the chairman voting aye. The motion to hold the bill in committee carried by a voice vote. |
ADJOURNMENT: | Meeting was adjourned at 2:50 p.m. |
DATE: | March 15, 2004 |
TIME: | 1:30 p.m. |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Darrington, Vice Chairman Lodge, Senators Sorensen, Richardson, Bunderson, Sweet, Marley, Burkett |
MEMBERS
EXCUSED: |
Senator Davis |
MINUTES: | Senator Bunderson made a motion to approve the minutes of March 10 as written. Second was by Senator Richardson and the motion carried by a voice vote. |
RS14271 | Senator Bunderson asked the committee to print this legislation relating to taxation and tax revenues to revise the tax imposed upon beer to define “wholesale sales price” to impose a surcharge, and to provide for credits and refunds, and to provide that any wholesaler or brewer who sells to a retailer beer upon which taxes have not been paid shall be guilty of a misdemeanor. |
MOTION: | Senator Richardson made a motion to send RS14271 to print. Second was by Senator Bunderson. Senator Lodge said she would vote no as there are small wine industries starting in Canyon County and taxes on those businesses would create a hardship. Senator Sweet also stated he would vote no as he feels the economy can’t withstand the tax burden and its impact on retailers. Senator Bunderson commented that the legislation allows the tax issue to be discussed. The motion carried by a voice vote. |
H751 | Representative Jaquet presented this bill that 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 she looked at legislation in other states and wanted to target alcohol treatment. She found that 7 out of 10 businesses sold to minors with no Idaho being asked for and that teenage drinking is a real problem which needs to be addressed. She gave the committee a handout showing the 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 (See attached #1) |
Pam Eaton, President of the Idaho Retailers Association told the committee they were concerned about language in the original bill that the first offense could be a prison sentence. The amendments were negotiated and they hope a lot of imprisonment doesn’t take place. Senator Burkett asked Mrs. Eaton about the purpose of the amendment. |
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MOTION: | Senator Lodge made a motion to send H751a to the floor with a do pass. Second was by Senator Sorensen . Senator Burkett commented that he doesn’t think it goes far enough with and the amendment is an insignificant change, and not severe enough to stop older people from buying for underage individuals. The motion carried by a voice vote. Senator Burkett will carry this bill on the Senate floor. |
H771: | Representative Jaquet presented this legislation that 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. She said that in 20% of births the father finds out that he isn’t the Senator Darrington commented that the obligee would be the mother |
MOTION: | Senator Sweet made a motion to send H771a to the floor with a do pass. Second was by Senator Bunderson and the motion carried by a voice vote. |
H590a | Ed Lodge representing the Idaho Lodging and Restaurant Association presented this bill to the committee referring to it as unfortunate but necessary. This legislation, known as the Idaho Consumption Act protects all those in the chain of commerce from laws and it defines “food” in accordance with the Federal Food, Drug and Cosmetic Act. This bill provides protection from civil liability for any claim arising out of Senator Darrington called the attention of the committee to several Mike Fitzgerald, restaurant owner spoke in favor of the bill. When he He told the committee that more people are living sedentary lives. The Dick Rush told the committee that IACI strongly supports this bill. Idaho Judy Bartlett, Idaho Farm Bureau felt that this is important for families. Senator Burkett asked if additives or chemicals are placed within food by Kurt Holzer speaking for the Idaho Trial Lawyers Association said they |
MOTION: | Senator Richardson made a motion to send H590a to the floor with a do pass. Second was by Senator Sweet. |
SUBSTITUTE MOTION: |
Senator Burkett said he could see some benefit in this bill, but it is too broad. He made a substitute motion to send 590a to the 14th order for amendment. Second was by Senator Marley. |
COMMITTEE VOTE: |
Roll call vote was held on the substitute motion, with Senator Darrington, Bunderson, Marley and Burkett voting aye, and Senators Lodge, Sorensen, Richardson and Sweet voting nay. Substitute motion failed. The original motion to send H590a to the floor with a do pass was carried by a voice vote. Senator Richardson will carry this bill on the Senate floor. |