House Ways & Means Committee

 

2004 Minutes

 

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

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

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

EXCUSED:

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




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

EXCUSED:

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




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

EXCUSED:

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




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

EXCUSED:

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




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

EXCUSED:

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




MOTION:




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




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

EXCUSED:

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




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

EXCUSED:

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




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

EXCUSED:

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




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

EXCUSED:

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




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

EXCUSED:

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




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

EXCUSED:

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




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

EXCUSED:

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




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

EXCUSED:

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




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

EXCUSED:

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