Statewide policy issues, such as elections, abortion, electric utility deregulation
January 8, 2003
January 9, 2003
January 13, 2003
January 14, 2003
January 14, 2003 – Subcommittee
January 15, 2003
January 15, 2003 – Subcommittee
January 16, 2003
January 16, 2003 – Subcommittee
January 21, 2003
January 22, 2003
January 23, 2003
January 27, 2003
January 28, 2003
January 30, 2003
January 31, 2003
February 4, 2003
February 5, 2003
February 6, 2003
February 7, 2003
February 10, 2003
February 11, 2003
February 12, 2003
February 13, 2003
February 14, 2003
February 18, 2003
February 19, 2003
February 20, 2003
February 24, 2003
February 25, 2003
February 26, 2003
February 27, 2003
March 3, 2003 – Subcommittee
March 4, 2003
March 4, 2003 – Subcommittee
March 5, 2003
March 6, 2003
March 10, 2003
March 11, 2003
March 11, 2003– Subcommittee
March 12, 2003
March 13, 2003
March 17, 2003
March 19, 2003
March 20, 2003
March 21, 2003
March 25, 2003
March 26, 2003
March 27, 2003
March 28, 2003
March 31, 2003
April 1, 2003
April 2, 2003
April 3, 2003
April 8, 2003
April 21, 2003
The Chairman called the meeting to order at 11:04 a.m. with a quorum present.
The members selected their chairs. The Chairman welcomed the Committee and gave an
overview of the coming year.
The meeting adjourned at 11:18 a.m.
| DATE: | January 09, 2003 |
| TIME: | 9:30 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Shepherd, Smith(30), Langhorst |
| ABSENT/EXCUSED: | Rep. Jaquet, Ellsworth |
| GUESTS: | Ron Law, PUC |
The Chairman called the meeting to order at 9:35 a.m. with a quorum present.
The minutes of the meeting of 1/09/03 were read.
MOTION: Rep. SMYLIE moved that the minutes of the meeting of 1/09/03 be
approved as written. Motion carried by voice vote.
The Chairman announced that today’s meeting would be an overview of the rules from the PUC
and the Human Rights Commission. Rep. CAMPBELL announced that Sub-Committees have
been formed to study the rules in depth. The Sub-Committee schedules are as follows:
Tuesday, January 14 at 8:30 a.m. to study the PUC rules. That Sub-Committee consists of
Rep. CAMPBELL (who will be Chairman), Reps. STEVENSON, ELLSWORTH, BLACK, CLARK,
WILLS, LANGHORST.
Wednesday, January 15 at 8:30 a.m. to study Human Rights Commission rules. That Sub-Committee consists of: Rep. CAMPBELL, (who will be Chairman), Reps. LANGFORD,
EDMUNSON, SKIPPEN, SHEPHERD, SMITH (30).
Thursday, January 16 at 8:30 a.m to study College Savings Program rules. That Sub-Committee consists of: Rep. CAMPBELL (who will be Chairman), Reps, SMYLIE, MILLER,
RING, SNODGRASS, SHIRLEY, JAQUET.
RULES REVIEW
IDAPA No. 45.01.01
Ms. Leslie Goddard, Director of the Human Rights Commission, spoke to the Committee about
this rule. She said that budget cuts occurring in 2002 dictated that the Commission examine
recurring expenses more carefully. It was determined that postage expenses were an area that
seemed to be higher than normal. It was discovered that one reason for this was the rules
requirement that all notification of complaints, and results of any resulting investigations, be
delivered by certified mail. Accordingly, the Commission dropped that requirement and postage
costs dropped considerably. During public testimony regarding this rule change, there was no
objection to this rule change and no complaints have been voiced since the change.
IDAPA No. 31.11.01
Mr. Paul Kjellander, Public Utilities Commissioner, spoke to the Committee about this rule. He
explained that this rule has been adopted by reference from the federal safety guidelines.
IDAPA No. 31.21.01
Mr. Paul Kjellender, Public Utilities Commissioner, spoke to the Committee about this rule. He
explained that it deals with the deposits that are required of customers. The utilities must deal
with any uncollectable bills and want to do their best to keep them to a minimal amount.
Therefore, a credit check would be another tool in determining a customer’s likelihood of paying
his bills. He noted that there had been some concern among the Commissioners about this rule
change. One concern that was voiced was that the simple request for a credit check could itself
impact the credit rating of the customer. There is no backup information to support this
possibility. Another Commissioner believed that there had not been sufficient public comment
on the rules. However, the other Commissioners offered the opinion that all possible care had
been taken to ensure that the rule receive adequate public exposure.
The rules also extend the hours during which a utility is allowed to terminate service. It also
allows service to be terminated if the homeowner is not on the premises.
There was a question from the Committee regarding the amount of the deposit that could be
required. It seemed somewhat exorbitant to require an average of the two highest months. Mr.
Kjellander replied that a deposit should be large enough to be a deterrent to someone who
might consider not paying his bill. He also pointed out that any deposits that have been
collected are returned after a year with interest, providing that the ratepayer has been diligent
about paying his bills.
IDAPA No. 31.71.02
Mr. Paul Kjellander, Public Utilities Commissioner, spoke to the Committee about this rule. He
explained that it adopts by reference federal rules for accident reporting.
The meeting adjourned at 10:00 a.m.
| DATE: | January 13, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Ellsworth, Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| GUESTS: | See attached sheet |
The Chairman called the meeting to order at 9:02 with a quorum present.
The minutes of the meeting of 01/09/03 were read.
MOTION: Rep. Ring moved that the minutes of the meeting of 0/109/03 be accepted
as written. Motion carried by voice vote.
COLLEGE SAVINGS ACCOUNT Rules
Ms. Judy Comstock, representing the Office of the State Treasurer, spoke to the Committee
regarding these rules. She said that the majority of the rule changes are to be in compliance
with federal guidelines for these accounts. However, there is a rule change which abolishes the
state penalty of 10% for unauthorized withdrawal of funds. There is already a federal penalty of
10% in place, so a further 10% would be unnecessary. She noted that the fund has a value of
$19 million and has many accounts. The fund is doing well. In answer to questions from the
Committee, she noted that the fund is held in trust and no part of it can be diverted to the
general fund. The source of the fund is monies deposited by Idaho citizens who wish to plan for
tuition for higher education for their offspring. The fund is currently managed by TIAA Cref, a
highly respected firm. The fund manager invests in a diverse group of investments. She is an
investor and believes that her fund is doing quite well. She reminded the Committee that this
type of investment is investing for the future, a long term goal. Short term swings in the market
are not as important as the long term picture.
The Chairman suggested that she present a current fiscal update to the Committee when it is
available. She said she would be happy to do so.
| HB01 | Idaho Millennium Fund, distribution |
Representative LAKE presented this bill to the Committee. He noted that it deals with the way
that funds are distributed from the Millennium Fund. The corpus of the Millennium Fund is not
touched, but income from it is distributed to various agencies. Previously, these monies had
been distributed monthly. This bill would allow 5% of the income to be distributed on July first of
the year. The amount would be determined by the previous 12 months’ figures. The change
would be beneficial because the agencies would know in advance the amount they would be
given. It would make planning much easier. The Committee charged with distributing the funds
would find it easier also, in planning and in the distribution process. The agencies would not be
negatively affected because the funds would be distributed in advance of the coming year, so
there would be no time lag in the initial distribution. He noted that this change was thoroughly
discussed in the Committee and was approved by it.
Mary McConnell, representing the American Heart Association, noted that her agency would
find it very beneficial to receive the monies in a lump sum, rather than monthly.
MOTION: Rep. CLARK moved that HB01 be sent TO THE FLOOR WITH A DO
PASS RECOMMENDATION. Motion carried by voice vote.
The meeting adjourned at 9:37 a.m.
The Chairman called the meeting to order at 9:20 a.m.
PUC Update
The Chairman thanked the Commission for hosting the Committee and introduced Mr. Paul
Kjellander, the Chairman of the Commission.
Mr. Kjellander reminded the Committee that the Commission is empowered to oversee the
activities of monopolies. These monopolies consist of natural gas distributors, electric utilities,
water companies and telephone companies. They do not regulate municipal or cooperative
entities, primarily because these groups are answerable to their customers. The regulated
companies are answerable to their stockholders. He noted that Idaho’s Public Utilities
Commission is smaller than most of its neighbors. He reminded the Committee that the PUC is
a quasi-judicial body. It conducts public and technical hearings which conform to a judicial
process, and the Commissioners make their decisions based on facts in the public record. He
said that decisions by the Commissioners are not always unanimous, but any decisions must be
based on the public record.
He introduced Joe Cusick, who spoke to the Committee about the telephone industry.
Mr. Kjellander introduced Bill Eastlake, who reviewed Standard Market Design. (A handout is
attached.)
Mr. Kjellander introduced Randy Lobb, who reviewed rates and the rate-setting process.
(Handouts are attached.)
The meeting adjourned at 10:45 a.m.
| DATE: | January 14, 2003 |
| TIME: | 8:30 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Campbell, Representatives Stevenson, Ellsworth, Black, Clark, Wills, Langhorst |
The Chairman called the meeting to order at 8:32 a.m.
| IDAPA
31.11.01 |
Safety and accident reporting rules |
| 31.21.01 | Customer relations rules |
| 31.71.02 | Railroad accident reporting rules |
Mr. Paul Kjellander, Chairman of the Public Utilities Commission, spoke to the Committee
regarding these rules. He began with IDAPA No. 31.11.01 which adopts by reference all
updates to federal guidelines into state rules. He said there has been no adverse comments on
this rule. He noted that when an agency adopts a set of rules by reference, it saves time and
money. There were questions regarding the pipeline safety program. He noted that the
inspection program is going well and federal authorities had no complaints with it.
In regard to IDAPA No. 31.21.01, Mr. Kjellander said that there had been no concerns
expressed by the public. He said that in deliberations by the Commission, one Commissioner
had noted his misgivings about the possibility that not enough public comment had been heard,
and he feared that even requesting a credit check on a customer could affect that customer’s
credit rating. Subsequent to that meeting, further opportunities for public comment presented
themselves and no one expressed any concerns.
The Committee noted that a deposit based on the two highest months appeared to be
excessive. Mr. Kjellander said that requirement applied to customers who used natural gas for
heating only and he reminded the Committee that these deposits are returned with interest to
customers in good standing after a period of time. The purpose of a deposit is twofold: it
should be substantial enough to deter anyone who might consider not paying their bill, and it
should help offset some of the uncollectable funds. He reiterated that uncollectable funds affect
all paying customers because they must make up the difference. He hoped that the utilities
would monitor their systems to ensure that fewer customers left uncollectable bills. He believes
that the combination of a credit check and a substantial deposit will help reduce these
uncollectables.
Mr. Kjellander noted that 31.71.02 was written to comply with federal regulations.
MOTION: Rep. BLACK moved that the Committee accept IDAPA Nos. 31.11.01,
31.21.01, and 31.71.02 as written. Motion carried by voice vote.
| DATE: | January 15, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Ellsworth, Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| GUESTS: | See attached sheet |
The Chairman called the meeting to order at 9:03 a.m. with a quorum present.
The minutes of the meetings of 01/13/03 and 01/14/03 were read.
MOTION: Rep. LANGFORD moved that the minutes of the meeting of 01/13/03 be
approved as written. Motion carried by voice vote.
MOTION: Rep. WILLS moved that the minutes of the meeting of 01/14/03 be
approved as written. Motion carried by voice vote.
| RS12509 | Prohibits sale of firecrackers to minors |
Rep. Ring spoke to the Committee about this legislation. He said that it had been brought to
his attention by the Fire Marshall in his district. It does not prohibit possession of or access to
fireworks; it simply prohibits the sale of such items to minors under the age of 16. That age was
chosen specifically because it would be easier to verify age since picture driver’s licenses are
issued at that age. The RS was drafted to address the serious problem of accidental fires
started by young children using fireworks. He noted that the term “fireworks” is already defined
in Code.
He believes that vendors could be educated on a one-on-one basis by the Fire Marshall in each
area. Notices published in various local newspapers could also be used to alert vendors to this
new restriction.
MOTION: Rep. ELLSWORTH moved that RS12509 sent to PRINT. Motion carried by
voice vote.
| HB41 | Bingo supplies, confiscation |
| HB42 | Bingo acct, funds withdrawal |
Chairman Deal noted that the sponsors of both of these bills have requested that the Committee
not hear them at this time. There was no objection from the Committee.
The meeting adjourned at 9:17 a.m.
| DATE: | January 15, 2003 |
| TIME: | 8:30 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Campbell, Representatives, Langford, Edmunson, Skippen, Shepherd, Smith(30) |
| GUESTS: | Ms. Leslie Goddard, Human Rights Commission |
The Chairman called the meeting to order at 8:30 a.m. with a quorum present.
IDAPA 45.01.01 Rules for serving a complaint/reporting
Ms. Leslie Goddard, director of the Human Rights Commission, spoke to the Committee
regarding this rule. She explained that it is a result of a budgetary decision. In order to comply
with smaller budget figures, the Commission searched for all possible means to reduce its
expenses. Postal expenses associated with certified mailing amounted to a substantial amount,
so the Commission elected to change the rule that all notifications be sent certified mail. Since
this change, the Commission has not received any complaints from the public. In answer to
questions from the Committee, she noted that the Commission maintains two logs which keep
track of when the notifications are sent. There is no notarization of these logs. She said there
is no penalty involved in the notification process. The notification of complaint and notification
of termination of investigation are simply parts of an information-gathering process. Before
implementing this rule change, the Commission had received input from the Attorney General’s
office.
MOTION: Rep. SMITH moved that the Committee accept IDAPA 45.01.01 as written.
Motion carried by voice vote.
The meeting adjourned at 8:44 a.m.
The Chairman called the meeting to order at 9:02 a.m. with a quorum present.
There were no minutes to approve.
The Chairman announced that HB07, HB09, HB10, and HB11 had been sent to this Committee
in error and needed to be referred to the House Business Committee.
MOTION: Rep. CAMPBELL moved that HB07, HB09, HB10, and HB11 be referred to
the House Business Committee. Motion carried by voice vote.
| RS12536 | WestRock lease |
Mr. Jay Biladeau, representing the Department of Lands, spoke in support of this legislation.
He explained that it deals with 2124 acres of endowment land near Cascade, Idaho. The
developer had signed a 10-year lease in the previous year, with the understanding that a longer
term lease would be forthcoming in the near future. He noted that the development of a ski hill
and residential improvements would provide a much greater return to the endowment that would
the income from timber sales.
Members of the Committee asked if the Endowment Board had solved the problems involved in
transporting construction materials over a narrow highway, especially in times of heavy use. Mr.
Biladeau replied that it is the duty of the Board to maximize income from the endowment lands
and it is not charged with transportation in the area. He noted that the developer had worked
with the Idaho Transportation Department and the governor’s office to solve many problems
already. He said that this project had been in the public eye for some time and there had been
many public hearings on the matter.
Mr. Scott Turlington, representing the Governor’s office, spoke in support of the legislation. He
said that the Governor supports it as part of his Economic Development Program.
Mr. Ken McClure, representing the developer, spoke in support of the legislation and offered his
help with any problems the legislators might encounter.
Rep. ROBERTS also spoke in support of the legislation and offered his assistance.
MOTION: Rep. CLARK moved that RS12536 be SENT TO PRINT. Motion carried by
voice vote.
| RS12526 | Veterans may record discharge papers without personal information |
Mr. Bill von Tagen, representing the Attorney General’s office spoke in support of this
legislation. He explained that veterans are strongly encouraged to file their discharge papers
(DD214) with local authorities. These papers contains many items of a personal nature which
could be used to steal that person’s identity. Military authorities encourage the local filing of
these forms to ensure that the discharge is publicly recorded and to de-centralize this
documentation. He pointed out that the information contained in the DD214 is available to the
public since it is a matter of public record. He believes that this legislation will solve the problem
from this point forward. Past information would be almost impossible to retrieve and destroy
since it is disseminated to large numbers of people. This legislation would allow the filing of the
papers with this type of information removed. This type of personal information is not covered
under existing law because of the unique nature of the document and where it is recorded.
Veterans have little choice in whether they can file this document, and this information is
available everywhere.
MOTION: Rep. STEVENSON moved that RS12526 be SENT TO PRINT. Motion
carried by voice vote.
| RS12429 | Attorney General authority to recover costs of Director of Lands or Fire Marshal |
Mr. Bill von Tagen, representing the Attorney General, spoke in support of this legislation. He
explained that it written so that the Attorney General’s office is empowered to seek penalties
and costs where a wildfire is human-caused. This legislation also allows for a change of venue
if it is called for.
MOTION: Rep. SMYLIE moved that RS12429 be SENT TO PRINT. Motion carried
by voice vote.
| RS12307 | Notice of temporary rules’ adoption |
Caralee Lambert, representing Legislative Services, spoke in support of this legislation. She
said that current practice when instituting temporary rules does not include notification of
Legislative Services or Legislative Council. Consequently, some temporary rules could be
implemented without legislative oversight.
MOTION: Rep. CAMPBELL moved that RS12307 be SENT TO PRINT. Motion
carried by voice vote.
| RS12553 | Emergency communications program/fees |
The Chairman announced that the sponsor needed more time to refine this bill. Consequently
the sponsor asked the Chairman to hear it at a later date.
The meeting adjourned at 9:35 a.m.
| DATE: | January 16, 2003 |
| TIME: | 8:30 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Campbell, Representatives, Smylie, Miller, Ring, Snodgrass, Shirley, Jaquet, |
The Chairman called the meeting to order at 8:32 with a quorum present.
IDAPA 54.02.01 Rules governing College Savings Program
Ms. Judy Comstock, Chairman of the College Savings Program, spoke to the Committee
regarding these rules. She explained that new federal guidelines had been instituted, which
made Idaho’s rules unnecessary or incorrect. The rules governing penalties for unqualified
withdrawals are most obvious. The federal guidelines already provide for a penalty, which
makes Idaho’s current penalty redundant. In answer to a question from the Committee, she
said that the federal changes could be found on the web, and she would provide a web address.
There were questions from the Committee regarding the management of the program. Ms.
Comstock noted that the program is somewhat below the benchmark figures, but is still within
an allowable margin. She said there had been problems in the past when clients wished to
withdraw funds for tuition, etc. The new federal procedures should make this much easier and
smoother.
She also clarified the state and federal tax benefits for the program.
MOTION: Rep. SMYLIE moved that the Committee accept IDAPA 54.02.01 as
written. Motion carried by voice vote.
The meeting adjourned at 8:50 a.m.
The Chairman called the meeting to order at 9:03 a.m. with a quorum present.
The minutes of the meeting of 1/15/03 were read.
MOTION: Rep. WILLS moved that the minutes of the meeting of 1/15/03 be approved
as written. Motion carried by voice vote.
The minutes of the meeting of 1/16/03 were read.
MOTION: Rep. RING moved that the minutes of the meeting of 1/16/03 be approved
as written. Motion carried by voice vote.
RULES
Public Utilities Commission rules –
Docket No. 31-1101-0201
Docket No. 31-2101-0201
Docket No. 31-7102-0201
Human Rights Commission rules –
Docket No. 45-0101-0201
Office of the State Treasurer rules –
Docket No. 54-0201-0201
The Chairman called upon Rep. CAMPBELL to report on the results of the Sub-Committees
which reviewed the rules to be approved.
Rep. CAMPBELL asked that the minutes of the Sub-Committee meeting of 1/14/03 be read by
its members.
MOTION: Rep. WILLS moved that the minutes of the Sub-Committee meeting of
1/14/03 be approved as written. Motion carried by voice vote.
Rep. CAMPBELL asked the minutes of the Sub-Committee meeting of 1/15/03 be read by its
members.
MOTION: Rep. LANGFORD moved that the minutes of the Sub-Committee meeting
of 1/15/03 be approved as written. Motion carried by voice vote.
Rep. CAMPBELL asked that the minutes of the Sub-Committee meeting of 1/16/03 be read by
its members.
MOTION: Rep. JAQUET moved that the minutes of the Sub-Committee meeting of
1/16/03 be approved as written. Motion carried by voice vote.
Rep. CAMPBELL reported that all Sub-Committees had voted to approve the rules as written.
MOTION: Rep. CAMPBELL moved that all the rules be approved as written. Motion
carried by voice vote.
| RS12426C1 | Updates duties of State Controller |
Representative CLARK spoke in support of this RS. He explained that it is the product of a year
long effort by the State Controller’s office to make the language regarding the Controller’s office
clearer and make it compliant with current law. This effort was coordinated through many
agencies and commissions. He noted that many of the changes reflect practices which are
being used already.
Members of the Committee noted that Legislative Services Office had expressed concerns
about the audit function of the State Controller’s office and how that applied to its own audit
responsibilities. Mr. Keith Johnson, Idaho State Controller, replied that this was a valid
question. Both the LSO and his office had attempted to define clear lines of responsibility for
audits. The Committee questioned Mr. Johnson about the State Controller’s authority over local
governments. He replied that the Controller’s office only has the authority to look at local
transactions.
MOTION: Rep. CAMPBELL moved that RS12426C1 be SENT TO PRINT. Motion
carried by voice vote.
| HB13 | Surplus personal property, disposal |
Mr. Keith Johnson, Idaho State Controller, spoke in support of this bill. He explained that was
written to conform with standard business practices. Language in Code does not provide for
disposal of surplus personal property by means of current avenues, such as electronic
commerce (e.g. E-Bay). This bill would allow for that kind of procedure. Members of the
Committee expressed concerns that this would bypass the current practice of advertising the
items for sale in local newspapers. Mr. Johnson speculated that income derived from local
newspaper advertising is a minimal amount. He also said that this bill does not exclude local
advertising; it simply allows other avenues beyond print.
Members of the Committee expressed real concern that the Controller’s office is not subject to
the yearly approval of rules procedure instituted in other agencies. The Controller’s office
operates by policy and procedure, not rules. Mr. Johnson replied that his office is still subject to
public scrutiny, and the public is welcome to express their concerns at any agency meeting.
Mr. Johnson also noted that the procedures outlined in this bill affect disposals at the state level
only.
MOTION: Rep. CLARK moved that the Committee send HB13 to the floor with a DO
PASS recommendation. Motion carried by voice vote. Reps. JAQUET,
SMITH, LANGHORST wished to be recorded as voting NAY. Rep. CLARK
will sponsor the bill on the floor.
| HB54 | Codifier corrections |
Ms. Katherine Garrity, representing Legislative Services, spoke in support of this bill. She
explained that it simply removes obsolete language and clarifies the language in Code.
MOTION: Rep. Clark moved that the Committee send HB54 to the floor with a DO
PASS recommendation. Motion carried by voice vote. Rep. MILLER will
will sponsor the bill on the floor.
| HB55 | State Controller, duties |
Mr. Keith Johnson, Idaho State Controller, spoke in support of the bill. He said that it was written
because the duties of the State Controller appeared to be unclear to the public. He believes it is
important to clearly outline what responsibilities the office has and why. Good accounting
procedures and accountability are extremely important, especially in light of recent occurrences
at the national level. The audit function and independent approval of audits are an extremely
vital element in state government.
A member of the Committee noted that the Legislative Services Office had expressed concern
that their audit oversight authority would be superceded. Mr. Johnson said that this bill would
strengthen their authority, not lessen it.
MOTION: Rep. SMYLIE moved that the Committee send HB55 to the floor with a DO
PASS recommendation. Motion carried by voice vote. Rep. SMYLIE will
sponsor the bill on the floor.
The meeting adjourned at 9:57 a.m.
| DATE: | January 22, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Ellsworth, Smylie, Langford, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| ABSENT/EXCUSED: | Representative Black |
The Chairman called the meeting to order at 9:03 a.m. with a quorum present.
The minutes of the meeting of 1/21/03 were read.
MOTION: Rep. MILLER moved that the minutes of the meeting of 1/21/03 be
approved as written. Motion carried by voice vote.
| RS12538 | Allows person of opposite party to fill a vacancy |
Representative NIELSEN spoke in support of the bill. He explained that it was drafted to
address a problem that had occurred in his county. A Republican candidate had won the
primary, but a short time before the general election he was called to active service duty. A
Democrat won the general election. Local government is bound by law to replace an elected
official by another of the same party, even though a person of another party defeated that party
in the general election. This appointed person serves the remainder of the term, i.e. the time
between the general election and the beginning of the new term. The newly elected official is
unable to take advantage of any training or informational workshops being offered to other
newly elected officials. This bill allows local officials to select the other person to fill out that
term if they choose. There is a time limit imposed because the governor is empowered to
appoint a replacement at a certain point in time. Rep. NIELSEN said that this bill is important
because the will of the people should be paramount in the selection of a person to fill out a term
and it important to keep this decision at the local level.
Members of the Committee commented that they could see no reason for legislation like this.
This kind of situation happens so rarely that they see no problem in the way things are decided
now. This legislation appears to be offer a dangerous window of opportunity and it sends the
wrong message to the voters.
Others commented that the time period of the term involved is such a short one that this seems
to be a simple solution to a simple problem.
MOTION: Rep. CAMPBELL moved that RS12538 be sent to PRINT.
SUBSTITUTE MOTION: Rep. LANGFORD moved that RS12538 be RETURNED TO
SPONSOR.
The SUBSTITUTE MOTION (RETURN TO SPONSOR) failed on a roll call vote. Voting AYE
were Reps. LANGFORD, CLARK, EDMUNSON, and RING. Voting NAY were Reps.
CAMPBELL, STEVENSON, ELLSWORTH, SMYLIE, MILLER, SHIRLEY, SKIPPEN,
SNODGRASS, WILLS, JAQUET, SHEPHERD. SMITH, LANGHORST, DEAL.
The MOTION (PRINT) passed on a voice vote. Rep. LANGFORD wished to be recorded as
voting NAY.
| RS12591 | Consolidation of election dates |
Rep. MCKAGUE spoke in support of the bill. She explained it would consolidate a variety of
election dates. This would end confusion on the part of the voters.
Members of the Committee commented that they had heard from their constituents that this
variety of election dates was confusing. It would be a good thing to have a full hearing on the
legislation. Other members said that the legislation included too much and should be heard as
two separate bills. There was some discussion whether charter school districts would be
included in the provisions of the bill. Mr. Ben Ysursa, Secretary of State, noted that some
charter school districts pre-date the Idaho Constitution and are not included in current Code
anyway.
MOTION: Rep. CLARK moved that RS12591 be SENT TO PRINT.
SUBSTITUTE MOTION: Rep. JAQUET moved that RS12591 be RETURNED TO
SPONSOR.
The SUBSTITUTE MOTION failed on a roll call vote. Voting AYE were Reps. SMYLIE,
JAQUET, and LANGHORST. Voting NAY were Reps. CAMPBELL, STEVENSON,
ELLSWORTH, LANGFORD, CLARK, EDMUNSON, MILLER, RING, SHIRLEY, SKIPPEN,
SNODGRASS, WILLS, SHEPHERD, SMITH, and DEAL.
The MOTION (PRINT) passed on a voice vote.
| RS12595 | Trustees’ election |
Rep. MCKAGUE spoke in support of the bill. She explained that it would handle trustees’
elections in the same manner as the elections for county commissioners are handled, i.e. at
large elections.
Members of the Committee noted that some voters find it important to keep a trustee election
local so that your trustee feels more accountable to you.
MOTION: Rep. LANGFORD moved that RS12595 be SENT TO PRINT. Motion
carried by voice vote.
| RS12597 | Electric utility task force |
Rep. STEVENSON spoke in support of the bill. He explained that it re-authorized a task force to
study energy issues. This task force had been in effect since 1996 and has studied important
issues affecting the energy industry in Idaho.
Members of the Committee believed that language should be added to the bill to ensure that
representatives from both political parties should be on the task force. If it is included in the bill,
then the formation of the task force would not be subject to the decisions of those in charge.
Rep. STEVENSON replied that the task force already included members of both parties.
MOTION: Rep. CAMPBELL moved that RS12597 be SENT TO PRINT, and then sent
directly to the Second Reading Calendar. Motion carried by voice vote.
Reps. JAQUET, LANGFORD, and SMITH wished to be recorded as voting
NAY.
The meeting adjourned at 9:52 a.m.
| DATE: | January 23, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Ellsworth, Smylie, Langford, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| ABSENT/
EXCUSED: |
Rep. Black |
The Vice Chairman called the meeting to order at 9:00 a.m.
The minutes of the meeting of 1/22/03 were read. Rep. WILLS noted a change on page one,
RS1212538, line 3. The person was unable to fulfill his term because he was called to active
service duty.
MOTION: Rep. WILLS moved that the minutes of the meeting of 1/22/03 be approved
as written with the change noted above. Motion carried by voice vote.
The Chairman announced that there would be a field trip on Saturday, January 25, 2003 to the
Tamarack (West Rock) resort site. The bus will leave Boise about 8:30 a.m. and return at 4:00
p.m. All interested parties should advise the Committee Secretary if they wished to participate.
| RS12605 | Mosquito abatement districts |
Rep. SKIPPEN spoke in support of the bill. She explained that district board members are
appointed by the County Commissioners. It would be a fairer practice to elect these members.
Their election would occur at the same time as the general election. She pointed out that as
insect-borne diseases occur more frequently, it is extremely important that these districts
function efficiently. She said that she had presented this proposal to the Association of
Counties in the previous year and received their support.
MOTION: Rep. CLARK moved that RS12605 be SENT TO PRINT. Motion carried by
voice vote.
| RS12609 | Tobacco Master Settlement Agreement |
Mr. Brett de Lange, representing the Attorney General’s office, spoke in support of the bill. He
said that the Tobacco Master Settlement Agreement provided for funds to be deposited with the
State. Signatories of the Agreement have done so with no prompting by the Attorney General.
However, there are certain companies, usually located out of the country, who have not signed
the Agreement and who do not comply with the Agreement. Because they do not have these
expenses, they have an unfair market advantage. This legislation will set up certain procedures
to make this practice much more difficult. This should save the state money because there will
be a reduced need for litigation and there will be less expense involved in serving the
companies.
MOTION: Rep. RING moved that RS12609 be SENT TO PRINT. Motion carried by
voice vote.
Rep. DEAL assumed Chairmanship of the Committee.
| RS12487 | Responsibility for county search/rescue |
Rep. CAMPBELL spoke in support of the bill. He said that search and rescue operations
generally involve a number of agencies. There is a need to officially designate a command
position. The County Sheriffs have usually assumed that position by general consensus, but
have not been officially designated a such in Code. This legislation rectifies that situation.
Mr. Michael Kane, representing the Idaho Sheriffs Association, said that these operations can
often be very complex and costly, and there is a definite need for a command designation. In
cases where several counties are involved, the sheriffs of those counties can get together and
designate which one of their number should be in charge.
MOTION: Rep. LANGFORD moved that RS12487 be SENT TO PRINT. Motion
carried by voice vote.
| RS12544C2 | Oversight authority for Pend Oreille/Priest River Basin |
Rep. CAMPBELL spoke in support of the bill. He said that the Pend Oreille/Priest River Basin
system is currently managed by a variety of departments and agencies. This bill would put a
Commission in place to manage water issues in the Basin in a more effective manner.
Mr. Michael Bogert, representing the Governor’s office, said that monies to support the
Commission would initially be drawn from a variety of mitigation funds already in place. Future
funding could come from the same type of sources and not the general fund.
MOTION: Rep. CLARK moved that RS12544C2 be SENT TO PRINT. Motion carried
by voice vote.
The meeting adjourned at 9:44 a.m.
| DATE: | January 27, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| ABSENT/
EXCUSED: |
Ellsworth |
| GUESTS: | See attached sheet. |
The Chairman called the meeting to order at 9:02 with a quorum present.
The minutes of the meeting of 1/23/03 were read.
MOTION: Rep. LANGFORD moved that the minutes of the meeting of 1/23/03 be
approved as written. Motion carried by voice vote.
| HB85 | Forests, protection cost, prosecution |
Mr. Bill von Tagen, representing the Attorney General’s office, spoke in support of the bill. He
explained that it empowers the Attorney General’s office to pursue reimbursement for penalties
and costs incurred in human-caused fires. This has been the usual practice for some time, but
this bill will write that responsibility in the Code. It also allows flexibility in venue to further
efficiency and convenience in the process.
MOTION: Rep. LANGFORD moved that the Committee send HB85 to the floor with a
DO PASS recommendation. Motion carried by voice vote. Rep. RING will
sponsor the bill on the floor.
| HB78 | Fireworks, sale prohibit, under 16 |
Rep. RING spoke in support of the bill. He said that unsupervised children playing with fireworks
are responsible for a disproportionate number of fires during that period. This bill does not
prohibit the possession of fireworks by these children. It simply prohibits the sale of fireworks to
persons under the age of 16. He noted that the penalty involved is levied on the vendor and
would be a misdemeanor which carries a $300 fine and a possibility of 6 months in jail. The age
of 16 was chosen because young people are able to receive a driver’s license at that age.
Those who do not choose to get a driver’s license can get a picture identification through their
schools. Rep. RING also addressed the question of enforceability of this legislation on tribal
lands. He referenced an opinion from the Attorney General (a copy is attached). He said that
the enforceability is open to debate, but as a practical matter it would not be a problem.
Mr. Doug Brown, Fire Marshall for Caldwell Fire department, spoke in support of the bill. He said
that we are sending a mixed message to our young people. Most of the year, advertisements
urge children not to play with fire and matches. Then for two weeks in July, fireworks are easily
available to play with. Children have a fascination with fire and fireworks in any case, and when
they are unsupervised they pose a serious risk to the rest of the community. He noted that most
parents insist that their children use these fireworks responsibly. If all parents exercised such
care, a bill such as this would not be necessary. Sadly, there are those children who receive no
supervision.
Mr. Bruce Allcott, representing Idaho Firefighters Association, spoke in support of the bill. He
pointed out that there is considerable expense involved in fighting fires started by unsupervised
children playing with fireworks. He believes that this bill is the right thing to do.
The Committee noted that a child of 10 may hunt, and a child of 12 may obtain a hunting
license. Mr. Alcott replied that in both cases, these children must be under an adult’s
supervision. He admitted that many children would ask older friends to buy these items for
them, but it is important that law enforcement do their best to protect the community. Mr. Alcott
said he was unsure of the extent that a vendor would face liability if a fire was started by a child
who had bought fireworks from him illegally. The Committee noted that the element of
education seemed to be missing in this legislation. Mr. Alcott said that the Idaho Fire Chief’s
Association had applied for and received a grant which would fund an education program about
the dangers of playing with fireworks.
A member of the Committee disagreed that this is a major problem. He said that there are many
more problems for law enforcement to deal with than children playing with fireworks. It seems
counterproductive to squander law enforcement resources on fireworks stands and enforcement
of the provisions in this bill. It would appear that resources put into education would be better
utilized.
Another member of the Committee noted that fireworks’ danger is not two weeks; it is more like
a month. Law enforcement is already inspects fireworks’ stands to determine that no non-legal
fireworks are being sold. If even a small percentage of child-caused fires could be avoided, it
would mean a significant difference. Education and prohibiting purchase by persons under 16
would provide an effective two-prong approach.
There was some question from the Committee regarding the Statement of Purpose. The
Statement of Purpose refers to minors under the age of 16. The bill refers to persons under the
age of 16. It was suggested that the Statement of Purpose be changed to mirror the text of the
bill. The Committee agreed it should read “sale of fireworks to persons under the age of 16”.
MOTION: Rep. LANGFORD moved to send HB78 to the floor with a DO PASS
recommendation with an amended Statement of Purpose. Motion carried
by voice vote. Rep. EDMUNSON wished to be recorded as voting NAY.
Rep. RING will sponsor the bill on the floor.
| HB84 | Military veterans, discharge papers |
Mr. Bill von Tagen, representing the Attorney General’s office, spoke in support of the bill. He
said that upon leaving active service veterans are given a checklist of items to take care of.
One of those items is to file their discharge papers (DD214) with the local county clerk. Most
veterans take this checklist to mean an order to do these things. A DD214 is proof that a
person has been discharged from active service. It is necessary to produce this document
when applying for veterans’ benefits. In times past, the DD214 had been kept in a central
repository. However, by also filing it with the local clerk, it is less likely to be lost. It is also more
accessible. DD214’s are a unique document. They were never designated an item of public
record.
Identity theft has become a major problem and the information contained in a DD214 (such as
Social Security Numbers, etc.) could be used to defraud vendors and would financially damage
the veteran immensely. This bill would allow veterans to submit a DD214 without such personal
information. This bill is a forward-looking billit makes provisions for DD214’s to be submitted in
the future. Veterans who filed DD214’s in the past may ask that certain personal information be
removed. However, as a practical matter, it would be very difficult to remove all information
from all sources since many businesses routinely acquire all the information contained in
County records. These in turn pass on this information to many others. Members of the
Committee asked what information would be left if personal information is not available. He
replied that the Veterans Administration will accept information from these abbreviated forms to
verify the status of the veteran. Other members of the Committee questioned Mr. von Tagen
about the position of an employer who needs to verify that a prospective employee has been a
veteran. He replied that the veteran may give permission to release pertinent facts. He noted
that prior legislation covers the crime of identify theft; this legislation attempts to protect the
veteran from having his identity stolen.
Capt. Henry Parker (Ret.), representing himself spoke in support of the bill. He noted that
identity theft is a major problem and this bill would protect him from having his identity stolen.
Mr. Bob Finney, representing the Idaho Veterans of Foreign Wars, spoke enthusiastically in
support of the bill.
Mr. Richard Jones, representing the Idaho Division of Veterans Services, spoke in support of
the bill.
Mr. Dan Chadwick, representing Idaho Association of Counties, said that the county clerks
support the bill. He believes that managing the information contained in the DD214 could be
done fairly easily.
MOTION: Rep. CLARK moved that HB 84 to the floor with a DO PASS
recommendation. Motion carried by voice vote. Rep. CLARK will sponsor
the bill on the floor.
The meeting adjourned at 10:10 a.m.
| DATE: | January 28, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| ABSENT/
EXCUSED: |
Ellsworth |
The Chairman called the meeting to order at 9:00 a.m. with a quorum present.
The minutes of the meeting of 1/27/03 were read. Rep. SMYLIE noted that the minutes reflect a
$15 fine for a misdemeanor if a person sells fireworks to someone under the age of 16. The
actual fine is $300, with a possible 6 months in jail. Rep. RING agreed that he misspoke and
wanted the minutes to reflect the correct fine.
MOTION: Rep. SMYLIE moved that the minutes of the meeting of 1/27/03 be
approved with the correction noted above. Motion carried by voice vote.
| HB83 | Endowment land/certain/long-term lease |
Mr. Jay Biladeau, representing the Department of Lands, spoke in support of the bill. He
reminded the Committee that the duty of the Land Board is to maximize the income from
endowment lands for the benefit of the beneficiaries. The possibilities for income from the
development are much greater than the previous use. Tamarack Resort has already signed a
10-year lease to develop a 2100 acre parcel, but a longer lease would help maximize
investment potential. The original lease was signed with the understanding that a long term
lease could be achieved. This resort has reached this stage after many years of study and
public input. The developers have worked with the leaders of Valley County to satisfy any
concerns that the residents might have. The Valley County Planning and Zoning Commission
has approved the terms of the lease.
Mr. Ken McClure, representing the developers, spoke in support of the bill. He said that he and
his firm have been involved in this process for many years. He also noted that the proposal had
received many hours of public hearings. He reminded the Committee that the developer had
received all of the necessary permits from the State. He said that Code specifies a 10-year
lease on these lands, but there have been other leases which have been extended. A 10-year
period of time is very short to recover the immense costs of the project. A longer term will
attract more investment capital.
He reviewed the project for the Committee, noting that it is a mix of private and public land. The
bulk of the buildings for the project will occur on private land which is already owned by the
developer. The public lands will primarily serve as the area for the ski hill, with a small parcel
devoted to a portion of the golf course. He reminded the Committee that there is risk involved in
the project. However, the State will not be exposed to risk because the land will revert to the
State should the terms of the lease be broken. Any improvements to the land can be removed
or retained at the discretion of the State. The only risk in the project is to the investor, not the
State.
Mr. Jean Pierre Bospflug, CEO and principal owner of Tamarack Resort, spoke in support of the
bill. He reviewed the project for the Committee. He noted that it is an ideal combination of
mountain, lake and meadow environments. His company has made a concerted effort to treat
those environments with respect. This project would benefit the local community tremendously
because it would provide good jobs to an area that has seen high unemployment for some time.
Infrastructure improvements such as electric lines, sewer lines and road improvements would
benefit peripheral properties. He reiterated that all of the housing construction would take place
on the private property portion of the project. If this project failed, the state portion would only
include those amenities constructed to serve the ski and golf areas. The State could elect to
remove those amenities or find another party to develop the property.
Mr. Terry Gestrin, Chairman of the Board of Commissioners for Valley County, spoke in support
of the bill. He said that the project had been presented many times before the public. The
Board had done its best to look at all the issues involved in the project. It will maintain control
over the construction of the project because Valley County building permits would be required.
He said that extensive research had been done regarding environmental issues, and he
reminded the Committee that the developers had been granted permits by all the pertinent
authorities in the State.
Mr. Scott Turlington, representing the Governor’s office, spoke in support of the bill. He said
that the Governor was involved in the process in two capacities: as a member of the Land Board
and in his capacity as Governor. Mr. Turlington said that the Governor’s office was also
concerned that the lake and surrounding environment not be harmed by this development. He
believes that sufficient safeguards have been instituted to protect them. The Governor is
satisfied that the contract meets all these criteria.
Rep. ROBERTS spoke in support of the bill. He said that he had been involved in the project for
many years, as school board member and later as a state representative. He emphasized that
Valley County had lost many good jobs and needed to look toward the tourist/recreation industry
to help replace them. He pointed out that there are already long term leases in place; this lease
would not be unique. He believes that the combination of up-front money and increased tax
base would protect Valley County property owners from higher taxes. He believes that Valley
County has done a good job of improving water and air quality and will insist that those
standards continue forward.
Mr. Lincoln Hart, representing Citizens for Valley County, spoke in opposition to the bill. He
believes that the lease the Land Board approved is not the lease being discussed here. The
original proposal was for a much larger piece of property, with a bigger golf course and more ski
lifts. The original funding mechanism for the project is no longer participating. All feasibility
studies and financial models are based on the larger size. He noted that the ski operation was
initially forecast to lose a large amount of money, which would be compensated for by the sale
of real estate – primarily time-share and fractional use condominiums and town houses. He
disputes the assertion that the State would have no exposure if the company defaulted on the
lease. He believes that the perception would be that the State has entered into a quasi-partnership with Tamarack.
He admitted that the prior use of the land generated a much smaller amount of income than that
forecast by Tamarack. In answer to questions from the Committee, he said that he is a long
time resident of Valley County. Citizens for Valley County has a mailing list of 300-350 people,
but he is unsure of the number of those who actively participate. He has never supported the
project. He questions whether overall it will be of benefit to the state.
Mr. Don Lojek, a property owner in Valley County, spoke in opposition to the bill. He believes
an extension to the lease would be unwise. There have been too many changes, and he
reminded the Committee that 50 years is a very long time. This company has no experience in
this type of resort; it has no track record.
Mr. Dick Rush, representing Idaho Association of Commerce and Industry, spoke in support of
the bill.
Mr. Ken McClure ended the presentation by saying that the lease approved by the Land Board
is the same one under discussion here. He said that it is not unusual that business plans
change according to the economic climate and investment capital available. He pointed out that
the developer has already made a substantial investment in the project. He reiterated that the
investor is taking the risk here, not the State.
Mr. Biladeau, in answer to questions from the Committee said that there is very little difference
between a Forest Service permit and a lease. If the lease is in default, the State may choose to
find someone else to assume the lease or it may take the land back. He also reminded the
Committee that this lease applies only to the endowment land, not the private land. He also
said that the Land Board had reviewed and approved the revised plan presented here.
Mr. Turlington also said that the Land Board had approved the revised plan.
The Committee noted that there are many rural areas which have been devastated by job
losses. People deserve to be able to work where they choose to live. Private industry can be a
partner in developing new sources of good jobs. It is important to give investors in these types
of developments enough time to see their investments pay off. There are good examples of this
type of development – Grand Targee is a prime example of a development that took a long time.
MOTION: Rep. CAMPBELL moved to send HB83 to the floor with a DO PASS
recommendation. Motion carried by voice vote. Rep. ROBERTS will
sponsor the bill on the floor.
| HB44 | State Lands, Commercial leases |
Mr. Jay Biladeau, representing the Department of Lands, spoke in support of the bill. He said
that it allows commercial leases to be based on a fiscal, rather than a calendar year.
Requirements in Code are that a lease be based on calendar year. This can be unwieldy for
commercial leases if they all come due at the same time. In addition, at that time of the year it
can be difficult to find tenants. This is basically a housekeeping bill.
MOTION: Rep. CAMPBELL moved to send HB44 to the floor with a DO PASS
recommendation. Motion carried by voice vote. Rep. WILLS will sponsor
the bill on the floor.
The meeting adjourned at 10:40 a.m.
The Chairman called the meeting to order at 9:34 a.m. with a quorum present.
The minutes of the meeting of 1/28/03 were read. Rep. LANGFORD noted a clerical error on
page 2, line 6, “road improvements will would benefit peripheral properties”. One of these
words would suffice.
MOTION: Rep. LANGFORD moved that the minutes of the meeting of 1/28/03 be
accepted with the change noted above. Motion carried by voice vote.
SCR101 Adelia Garro Simplot
Senator SORENSEN spoke in support of the bill. She explained that Mrs. Simplot had been
instrumental in coalescing the Basque community in Boise to acquire and develop certain
properties. This area has become a thriving and vital part of Boise. This Resolution would
honor her enthusiasm and vision. It would also recognize her appointment as honorary vice
consul to Spain.
MOTION: Rep. STEVENSON moved to send SCR101 to the floor with a DO PASS
recommendation. Motion carried by voice vote. Rep. Field (18) will
sponsor the bill on the floor.
Overview of federal election laws
Mr. Ben Ysursa, Secretary of State, spoke to the Committee about the Help America Vote Act of
2002. (A handout is attached.) He noted that changes in the election process have been
mandated by the federal government. The federal government is preparing to provide a large
portion of the funds to the state to enable them to comply with these requirements. Whether
Idaho can provide its share of matching funds is not clear yet. Mr. Ysursa said that he hoped
that any excess funds could be set aside for education purposes and to urge participation in the
election process.
Mr. Tim Hurst, Assistant Secretary of State, clarified the concept of a “unique identifier” for the
Committee. He said that it could be the last four digits of a Social Security number, or a driver’s
license number. He said that in some cases, a number will be assigned to a person. The entire
Social Security number could not be used because of the threat of identity theft.
He believes that the transition process will be a seamless one. It will remain at the County level.
| HB 93 | Legislative/county office, vacancy |
Rep. NIELSEN spoke in support of the bill. He said that it would allow local authorities to select
a candidate of another party to fill a vacancy in an elective office. This would occur only 14
days prior to an election. He said that this bill was brought to the Committee because of a
situation that occurred in his county. A person resigned on the night of the election and a
person of the opposite party was elected to that office. A Committee met to appoint someone to
fill the vacated position until the person who was elected to was entitled to take the position. He
believes it would have been much more efficient to name the person who was elected to fill that
position. However, Idaho Code specifies that a person appointed to a position must be of the
same party as the elected person. Rep. NIELSEN pointed out that this bill contains permissive
language a person may be appointed from another party. This allows more flexibility at the
local level. He is unsure how many times this kind of situation has occurred in the state, but he
believes that this bill will provide a solution to a difficult situation. He admitted that in all
likelihood, this bill will address primarily county offices.
Members of the Committee noted that this situation could occur more frequently than it appears.
A member noted that the exact situation had occurred when she was elected to the Legislature
and vacated her County Commission position. Important issues were before the Commission,
and it was unable to resolve them because her post had not been filled. Others in the
Committee said that this bill would simply be a tool that could be used if the need arose. The
permissive language allows local authorities the latitude to make the right decision.
Other members of the Committee said that a situation like this is a very rare occurrence and
there is no need to add another law to Code to solve it. In addition, it must be kept in mind that
the person who is unable to fulfill his term was elected to serve the entire term. If he is unable
to do so, then it behooves local authorities to select someone of the same party to finish his
term. The electorate chose him as a representative of his party, and his party has the right to
finish the term. The way that this kind of situation is handled currently has served the state well,
and there is no need to change it.
MOTION: Rep. LANGHORST moved that HB93 be sent to the floor with a DO PASS
recommendation.
SUBSTITUTE MOTION: Rep. LANGFORD moved that HB93 be HELD IN COMMITTEE.
The SUBSTITUTE MOTION (HOLD IN COMMITTEE) passed on a roll call vote. Voting AYE
were Reps. ELLSWORTH, SMYLIE, LANGFORD, CLARK, EDMUNSON, RING, SHIRLEY,
SNODGRASS, JAQUET, SHEPHERD, SMITH, and DEAL. Voting NAY were Reps.
CAMPBELL, STEVENSON, BLACK, MILLER, SKIPPEN, WILLS, and LANGHORST.
The meeting adjourned at 10:42 a.m.
| DATE: | January 31, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Ellsworth, Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Shepherd, Smith(30), Langhorst |
| ABSENT/
EXCUSED: |
Jaquet |
| GUESTS: | See attached sheet. |
The Chairman called the meeting to order at 9:07 a.m. with a quorum present.
The minutes of the meeting of 1/30/03 were read. Rep. LANGFORD noted that the word “days”
should be inserted on line 2 of page 2.
MOTION: Rep. LANGFORD moved that the minutes of the meeting of 1/30/03 be
approved with the change noted above. Motion carried by voice vote.
| HB89 | State Controller’s office duties |
Rep. CLARK spoke in support of the bill. He noted that there is an amendment which makes
two changes in the bill (a copy of the amendment is attached). The changes deal with the audit
function of the Legislative Service Office, and responsibility for a fund in the Fish and Game
account.
The bill is the result of a cooperative effort of a group of people who met during the last few
months to examine the duties of the State Controller as it is outlined in Code. The goal of this
group was to ensure that current auditing procedures are consistent with established guidelines,
to ensure that the office complies with current accounting standards, remove outdated language
and provide clarity. Rep. CLARK said that he as a business person would ask for the same
review when looking at a new financial obligation.
Mr. Keith Johnson, the State Controller, spoke in support of the bill. He emphasized that a major
goal of this review was to put in place those practices that were currently being used. It is
important that the office of State Controller project a professional and efficient image.
Mr. Ray Ineck, Supervisor of Legislative Services, spoke in support of the bill. He said that his
office supported the amendment being proposed.
MOTION: Rep. ELLSWORTH moved to send HB89 to the floor with a DO PASS
recommendation. The motion was seconded by Rep. MILLER. Motion
carried by voice vote. Rep. CLARK will sponsor the bill on the floor.
| HB112 | Mosquito abatement district |
Rep. SKIPPEN spoke in support of the bill. She noted that there are two amendments to the bill
(copies of the amendments are attached). She also presented a revised Statement of Purpose
(a copy is attached). She noted that mosquitos are a contentious issue because their control
affects all residents of the district. With the threat of West Nile virus, the control of these pests
is of paramount importance.
She reiterated that the bill would provide for the election of Mosquito Abatement District
Trustees. These people are currently appointed by the County Commission. This bill would
allow those who live in the District to vote for Trustees to represent them. The bill would provide
for the possibility that non-contiguous areas could be annexed into a Mosquito Abatement
District. This would save administration costs. She noted that a situation had arisen in her
county in which some of the property owners in a Mosquito Abatement District did not want to
be sprayed, but others did. There was no way to resolve the issue before the Trustees, so the
issue went before the County Commission. After reviewing the issue, the County Commission
was unable to resolve it satisfactorily. The Commission also felt that it could be held liable for
decisions like this. If the Trustees had been directly elected by the residents of the district, they
would have been empowered to make their own decisions. The County Commissioners have
very little knowledge of mosquito abatement issues. If a Trustee elects to run for this office,
their knowledge and experience would be of vital importance to the people of that district. In
answer to questions from the Committee, Rep. SKIPPEN said that any elections for this office
would be at the direction of the Mosquito Abatement District. All elections must conform to
standards set forth in Code. Trustees could be removed by the same process as County
Commissioners. There are other District elections held in this manner – e.g. Irrigation Districts.
She noted that a Mosquito Abatement District is a funded entity, like Cemetery, Library, and
School districts. She noted that this concept had been presented to a conference of County
Commissioners during the summer. It had been passed unanimously.
Members of the Committee questioned why other departments do not have the authority to
control insects in general. She said that there are studies underway to resolve that question,
but there are no conclusions yet.
Members of the Committee noted that the voting eligibility was widened to include all residents
of the district. She said that limiting voting to property owners only was unconstitutional, and
besides all residents suffer when mosquitos are not controlled. Members of the Committee
noted that this could change the character of the Mosquito Abatement District Board
dramatically. She repeated that all residents suffer, not just property owners, when mosquitos
are unchecked.
A member of the Committee commented that it that County Commissions do their best to pick
the proper people for this kind of job.
Mr. Dan Wingard, president of the Canyon County Mosquito District, spoke in support of the bill.
He said that he was an appointed member of the District and had a cordial relationship with his
County Commissioners. However, he outlined the threat from West Nile virus and said that it is
of vital importance to control the mosquito population now.
Mr. Brian Benner, Director of the Canyon County Mosquito Abatement District, spoke in support
of the bill. He said that it is of paramount importance to protect the public from the diseases
carried by these pests. He would prefer to see a Mosquito Abatement District encompass an
entire County. He outlined the steps in mosquito abatement, noting that primary emphasis is
given to monitoring the mosquito population and preventing breeding. He also said that he had
experienced no difficulty as an appointed member of his district.
Members of the Committee noted that the financial accountability implicit in the bill is a welcome
element. Rep. SKIPPEN reiterated that there are districts whose Commissioners are not
knowledgeable about mosquitos and their control. It’s simply impossible to expect all County
Commissioners to be experts in all facets of their counties. If a trustee is elected, it then
becomes the responsibility of that trustee to become very knowledgeable about the problem.
Other members of the Committee commented that they were uneasy with the bill. The election
process appeared to be unclear and might be expensive; it might create unforeseen problems in
other districts; and the current system appears to address pest control. This legislation
addresses problems in only one district; other districts appear to function well with the current
system. This legislation would add another layer of bureaucracy and would create more
confusion.
Others in the Committee said that they had spoken with their local City Commissioners and
clerks and these people favored this legislation. A suggestion was made to substitute “shall”
with “may” to allow for permissive interpretation.
An error was noted on page 2, line 48 – “residing” should be “resident”.
MOTION: Rep. CLARK moved to send HB112 GENERAL ORDERS WITH
AMENDMENTS ATTACHED and correcting the clerical error above.
Motion seconded by ELLSWORTH. Motion carried by voice vote. Voting
NAY were Reps. SMITH, SMYLIE, SNODGRASS, and STEVENSON. Rep.
SKIPPEN will sponsor the bill on the floor.
The meeting adjourned at 10:39 a.m.
| DATE: | February 4, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Ellsworth, Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| GUESTS: | See attached sheet |
The Chairman called the meeting to order at 9:00 a.m. with a quorum present.
The minutes of the meeting of 1/31/03 were read. Rep. SKIPPEN noted that on page 2, line 17,
elections would be at the direction of the Mosquito Abatement District, rather than the County
Clerk. She also noted on page 2, 4th line from the bottom, the sentence should read “there are
districts whose Commissioners are not knowledgeable…..”
MOTION: Rep. SKIPPEN moved that the minutes of the meeting of 1/31/03 be
approved as corrected. Motion carried by voice vote.
| SB1009 | Candidate/measure, independent expend |
Senator DAVIS spoke in support of the bill. He said that it is a result of the findings of a task
force formed in 2002. In recent judicial elections, there have been aggressive campaigns by
third parties. The task force wished to make these third parties subject to the same laws as the
candidates. The U.S. Supreme Court in the Buckley decision, allowed the states to regulate
such campaigns when advocacy language is used, e.g. “Vote for…”, or “Vote against….”. This
bill would require disclosure of expenditure by this third party when such language is used.
Sen. DAVIS noted that magistrate campaigns are covered, but the filings are with the county
clerk. This bill will only apply when an expenditure is made by a non-candidate and advocacy
language is employed.
Ms. Lori Dicaire, representing Idahoans for Fair Elections, spoke in support of the bill. She said
that it is important to know who funds these campaigns, and she commended the task force for
their study of the issue.
MOTION: Rep. CLARK moved to send SB1009 to the floor with a DO PASS
recommendation. Motion carried by voice vote. Rep. TRAIL will sponsor
the bill on the floor.
| HB111 | Tobacco Master Settlement Agreement |
Mr. Brett DeLange, representing the Attorney General’s office, spoke in support of the bill. He
reminded the Committee that a fund was established as a result of an agreement made
between the state of Idaho and major tobacco companies. These companies deposited
specified sums in that fund regularly. Other companies, who were not signatories of the
Agreement, also agreed to deposit into this account. However, now there are companies who
do not abide by the terms of the Agreement, and who are usually located in places where it is
difficult for the state to serve them notice of non-compliance. Because they do not pay into the
fund, they gain a significant market advantage over compliant companies. The terms of the
Agreement state that the State must ensure that all companies operating here abide by the
Agreement. If the State allows companies to operate outside the Agreement, and they gain a
market advantage as a result, the compliant companies have the right to reduce the amount
they pay into the fund. The State loses in several respects: it loses the funds not paid into the
fund by these new companies; it risks losing funds from the compliant companies; and public
health is endangered. This bill would ensure that all tobacco products sold in the State are
indeed paying their agreed-upon monies into the fund. It establishes a local representative for
all these companies, so that foreign manufacturing companies will maintain a presence in Idaho
and will be easier to serve notice of non-compliance. He noted that there is an amendment to
the bill which corrects a clerical error (a copy is attached).
Mr. Corey Jackson, representing Idaho Wholesale Marketers Association, spoke in support of
the bill. He reiterated that the non-compliant companies are enjoying a significant market
advantage. This is a problem that is growing rapidly all over the country. This bill is a good
start toward solving the problem.
Mr. Skip Smyser, representing Altrea (formerly Philip Morris Company), spoke in support of the
bill. He also said that this is a problem that needs to be addressed, and this bill is a good
beginning.
MOTION: Rep. WILLS moved to send HB111 GENERAL ORDERS WITH
AMENDMENTS ATTACHED. The motion was seconded by Rep. SMYLIE.
Motion carried by voice vote. Rep. RING will sponsor the bill on the floor.
| RS12783 | Costs of intervention before the PUC |
Rep. STEVENSON spoke in support of the bill. It increases the award of intervener funding for
companies appearing before the Public Utilities Commission, and increases the revenue
threshold for utilities before intervener funding can be awarded.
Members of the Committee asked how the new funding figures were determined; how many
companies would fall in the new categories; and what changes are there from the last change.
Rep. STEVENSON said that he would have those answers for the bill hearing, if the Committee
chose to print the RS.
MOTION: Rep. CLARK moved to PRINT RS12783. Motion carried by voice vote.
The meeting adjourned at 9:49 a.m.
| DATE: | February 5, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Ellsworth, Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| GUESTS: | See attached sheet. |
The Chairman called the meeting to order at 9:02 a.m. with a quorum present.
The minutes of the meeting of 2/4/03 were read.
MOTION: Rep. RING moved that the minutes of the meeting of 02/04/03 be approved
as written. Motion carried by voice vote.
| RS12790 | Conformance with Help America Vote Act |
Mr. Ben Ysursa, Secretary of State, spoke in support of the bill. He explained that it implements
provisions of the Help America Vote Act. Members of the Committee noted that the
appropriation process needs clarification and the oversight of this fund was unclear. Mr. Ysursa
replied that he would have concrete facts for the Committee at the bill hearing if the RS was
sent to print.
MOTION: Rep. STEVENSON moved that RS12790 be SENT TO PRINT. Motion
carried by voice vote.
| RS12775C1 | Number of signatures needed for recall elections |
Mr. Ben Ysursa, Secretary of State, spoke in support of the bill. He explained that it was
brought at the request of the County Clerks.
Ms. Marie Scott, County Clerk of Bonner County, spoke in support of the bill. She explained
that there are no guidelines of requirements for recall elections. This bill would help her and the
other county clerks perform their duties correctly.
MOTION: Rep. CLARK moved that RS12775C1 be SENT TO PRINT. Motion carried
by voice vote.
| RS12778 | Organizational meeting of new political party |
Mr. Ben Ysursa, Secretary of State, spoke in support of the bill. He explained that this deletes
the requirement to print a ballot, even if there are no names on it. This can be quite costly.
These names are still on the general election ballot, so access is not denied.
A member of the Committee noted that the Statement of Purpose uses parentheses to bracket
$80,000. In accounting terms, this denotes a negative number. The number should be
separated by commas.
MOTION: Rep. JACQUET moved that RS12778 be SENT TO PRINT with the
change in the Statement of Purpose noted above. Motion carried by voice
vote.
| RS12774 | Filing date for magistrate judge retention elections |
Mr. Ben Ysursa, Secretary of State, spoke in support of the bill. It was brought to his attention
by the County Clerks Association.
Mr. David Navarro, Ada County Clerk, spoke in support of the bill. He explained that it allows
the county clerks to complete their duties in a timely manner.
MOTION: Rep. LANGFORD moved that RS12774 be SENT TO PRINT. Motion
carried by voice vote.
| RS12772 | Removes 3 members of Idaho Code Commission from PERSI |
Mr. Ben Ysursa, Secretary of State, spoke in support of the bill. He explained that it corrects an
oversight. The members of this Commission are deemed ineligible to participate in their own
Individual Retirement Accounts because they are members of PERSI. Because these
commissioners meet infrequently, their contribution to PERSI is minimal. Therefore, by
removing them from PERSI, this allows them to continue participating in their own IRA.
MOTION: Rep. MILLER moved that RS12772 be SENT TO PRINT. Motion carried
by voice vote.
| HB110 | Pend Oreille/Priest Lakes, Comm |
Rep. CAMPBELL spoke in support of the bill. He explained that it is a result of 12 years’ effort.
The Pend Orville/Priest Lake Lakes region has moved in recent years from an economy based
on logging and mining industries to one based on recreation and tourism. Critical decisions
affecting this area have been made by authorities outside the area, usually based on
considerations involving downstream entities. Pend Orville/Priest Lakes have had no voice in
these decisions. Water level and lake management issues have assumed enormous
proportions as the local economy depends more and more on recreation and tourism. He noted
that there are mitigation funds available which have not been assigned to this area, but have
instead been given to other communities downstream. He also mentioned the listing of the bull
trout as a threatened species in this Basin. He noted that this Commission would function like
any other Commission in the state. This bill provides a platform for the communities of Northern
Idaho to participate in a dialog with federal authorities.
Members of the Committee noted that it appears the bill limits participation in this Board to
residents of Bonner County. The word “shall” is exclusionary, rather than advisory, and it allows
no flexibility. Rep. CAMPBELL said that he would accept an amendment changing the word
“shall” on line 21, page 1 to “may”. (A copy of these changes is attached).
Members of the Committee questioned Rep. CAMPBELL about the role of Office of Species
Conservation in this process. He replied that OSC had recently received notice that the bull
trout in this Basin had been listed as threatened, and it would naturally be involved in the
recommendations of the Commission.
Sen. KEOUGH spoke in support of the bill. She believes it is imperative that this area receive a
seat at the table when important issues regarding water level and lake management are
discussed. Local interests and concerns have been ignored and overrun in the past. This
Commission could coordinate efforts to solve problems of concern to the community.
In answer to a question from the Committee, she noted that a representative from the state of
Washington is not included in the Commission because that state has been a vigorous
adversary in the past. Members of the Committee noted that it is often better to include your
adversary in the process so that disagreements can be resolved.
Other members of the Committee noted that local agencies, such as Idaho Fish and Game, do
not appear to be included in this process. Sen. KEOUGH replied that she felt that there was a
place for them in an advisory capacity.
Mr. Michael Bogart, representing the Governor’s office, spoke in support of the bill. He noted
that there are two methods of resolving community concerns about lake levels. The State can
request that a federal judge intervene to protect the lake levels, or the State can passively hope
that the U.S. Fish and Wildlife Service will insist that the Corps of Engineers make the right
decision. This bill will allow the Commission to instruct the U.S. Fish and Wildlife Service to tell
the Corps of Engineers to respect the wishes of the community. The Committee noted that the
composition of the Commission is somewhat unclear. They suggested that a semicolon be
placed after “governor” on line 22 of page 1. (A copy is attached.)
Rep. ESKRIDGE spoke in support of the bill. He said that this bill would provide a platform for
the Basin community to express their concerns to federal authorities. This controversy can also
be viewed as a conflict between anadromous fish (salmon) and resident fish (bull trout). The
anadromous fish populate the downstream region, and many current decisions are being made
to protect them. However, the resident fish (bull trout) suffer because lake levels drop to such
an extent that their redds are threatened.
Mr. Jerry Clemons, Bonner County Commissioner, spoke in support of the bill. He said that
logging and mining have declined dramatically in importance to the community. Instead,
recreation and tourism bring jobs and income, and lower lake levels can discourage people from
coming to this area. There is a short season for recreation anyway, and when the lake levels
drop, this shortens it even further.
Mr. Norm Semanko, Executive Director of Idaho Water Users, spoke in support of the bill. He
noted that lake levels are protected by statute now, but there has been no united voice to argue
in favor of the Basin in the past. The Commission would provide that voice and would be of vital
importance.
Ms. Marie Scott, Bonner County Clerk, spoke in support of the bill. She said that she is a
member of various organizations who are concerned with preserving the wildlife in Northern
Idaho. This Commission would provide these citizens with a voice.
Members of the Committee noted that this is a good idea and would help the citizens of
Northern Idaho. The changes noted above (“shall” to “may” on line 21), and a semicolon after
“governor” on line 22 should be included.
MOTION: Rep. SHEPHERD moved to send HB110 GENERAL ORDERS WITH
AMENDMENTS ATTACHED. Rep. CLARK seconded the motion. Motion
carried by voice vote. Rep. CAMPBELL will sponsor the bill on the floor.
The meeting adjourned at 10:16 a.m.
| DATE: | February 6, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| ABSENT/
EXCUSED: |
Ellsworth, Stevenson |
| GUESTS: | See attached sheet |
The Chairman called the meeting to order at 9:03 a.m. with a quorum present.
The minutes of the meeting of 2/5/03 were read.
MOTION: Rep. RING moved that the minutes of the meeting of 2/5/03 be approved
as written. Motion carried by voice vote.
| RS12713 | Fees for veterans cemetery |
Rep. ESKRIDGE spoke in support of the bill. He explained that it enables the Division of
Veterans Services to charge fees for interment, disinterment, and reinterment in the state
veterans cemetery and to put these fees into the veterans cemetery maintenance fund for use in
the maintenance and operation of the cemetery.
MOTION: Rep. CAMPBELL moved that RS12713 be SENT TO PRINT. Motion
carried by voice vote.
| RS12711 | Unclaimed veterans’ remains |
Rep. ESKRIDGE spoke in support of the bill. He said that occasionally remains of veterans are
unclaimed. This allows a national organization to claim these remains and give them a proper
military burial.
MOTION: Rep. LANGHORST moved that RS12711 be SENT TO PRINT. Motion
carried by voice vote
| RS12692 | Telephonic reading service for the blind |
Mr. Larry Streeter, representing the National Federation of the Blind in Idaho, spoke in support
of the bill. It would allow access to newspapers by the blind by means of a telephonic reading
service. There would be up to a 2¢ per month charge on local telephone lines to pay for this
service. With this service, many more blind people would be able to access newspapers from
all over the country.
MOTION: Rep. LANGFORD moved that RS12692 be SENT TO PRINT. Motion
carried by voice vote.
The meeting adjourned at 9:17 a.m.
The Chairman called the meeting to order at 9:02 a.m. with a quorum present.
The minutes of the meeting of 2/6/03 were read. Rep. SMYLIE noted that under the text related
to RS12692, the fee is “up to” 2¢ per month.
MOTION: Rep. LANGFORD moved that the minutes of the meeting of 2/6/03 be
accepted with the change noted above. Motion carried by voice vote.
| RS12931 | Payday lending |
Mr. Pat Sullivan, representing Money Tree Inc., spoke in support of the legislation. He said that
the Statement of Purpose should be changed. The second sentence should read “The act
gives the Department of Finance additional…..”. This legislation establishes certain protections
for consumers and outlines some regulatory guidelines. He said that he was unsure of the
number of companies operating this kind of business in the state. He was unable to quote an
interest rate for these loans because the amounts vary so widely.
MOTION: Rep. CLARK moved that RS12931 be SENT TO PRINT with the revised
Statement of Purpose, and he recommended that the bill be sent to the
House Business Committee. Motion carried by voice vote.
| RS12887 | Parimutuel betting |
Rep. MILLER spoke in support of this legislation. She said that it concerned telephone deposit
wagering. At this point Idaho does not collect revenues from this type of wagering. She noted
that there is no fiscal impact to the state general fund because the funds derived from this
wagering are distributed directly to a variety of sources. The Committee suggested that a
change should be made on page 2, line 15 of the bill. The line should read “wagering on horse
racing….”. Rep. MILLER agreed with that correction. Members of the Committee expressed a
discomfort with the ease of gambling using a credit card.
MOTION: Rep. JAQUET moved to send RS12887 to PRINT with the change noted
above. Motion carried by voice vote.
| RS12849C1 | Internet tobacco sales |
This legislation was not heard because the sponsors wanted more time to work on it.
| Briefing on emergency communications fund |
Mr. Mike Kane spoke to the Committee regarding the Emergency Communications Act. (A copy
is attached.)
Mr. Vaughn Killeen, Ada County Sheriff, answered questions from the Committee regarding
legislation being proposed to answer these requirements. He noted that these requirements
hope to implement a system where any emergency communication will contain the telephone
number and location of the caller. These requirements are being phased in. At this point,
wireless phones are a new wrinkle in the emergency communication system, and 60% of
emergency calls are now originating from wireless phones. That figure is expected to continue
to increase in the future. He reminded the Committee that technology is evolving so rapidly that
it is difficult to anticipate systems to accommodate these advancements. He noted that the
ultimate goal of any new communications system would be that all parts of the state would be
covered by an emergency communications system.
The legislation now being written will impose a fee which might reach as much as $6.5 million
per year. Assessment of this fee would be based on the billing address of the phone
subscriber. He emphasized that the funds generated would stay in the state, and would not be
shared with another state.
Members of the Committee commented that there appeared to be no accountability on the
disbursement of these funds. Mr. Killeen noted that the choice to assess themselves would be
by vote of the community, and the County Commissioners (who are also involved in the
decision) would be responsible to the electorate as well. There is no sunset clause proposed for
the legislation because it would be impossible to plan for such a system if it were vulnerable to
regular cancellation. His budget is available for public view via his website.
A member of the Committee noted that her county had recently undergone changes to
implement this system. She noted that it facilitated efficiency at a lower than expected cost.
However, there were unforeseen costs associated with the system, and it would always be
difficult to be stay abreast of technology.
The Chairman thanked Mr. Kane and Sheriff Killeen for their presentation.
The meeting adjourned at 9:57 a.m.
| DATE: | February 10, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Smylie, Langford, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| ABSENT/
EXCUSED: |
Ellsworth, Black, Snodgrass |
| GUESTS: | See attached sheet |
The Chairman called the meeting to order at 9:02 with a quorum present.
There were no minutes to be read.
| RS12906 | Mosquito Abatement District |
Rep. SKIPPEN spoke in support of this legislation. She said that it remains the same as
HB112, but the County Commissioners are given the option to elect District trustees or appoint
them.
MOTION: Rep. CLARK moved that RS12906 be SENT TO PRINT, and go directly to
the 2nd Reading Calendar. Motion carried by voice vote.
| RS12680 | Requires insurers to provide enrollment and cost experience data |
Rep. SMITH spoke in support of this legislation. She said that school districts do not currently
have lists of those who are covered under their insurance carrier contract. This legislation
requires that accurate lists of these people be provided to the school districts. There was some
concern among Committee members that the language was too restrictive, and might be
interpreted to mean that all insurance coverage for active and retired persons be covered under
the same carrier. The time might come when it would make better sense to insure these people
under different carriers.
MOTION: Rep. JAQUET moved to that RS12680 be SENT TO PRINT with “to be”
stricken and making carrier a plural – “carriers”- and it should be heard by
the House Business Committee.
SUBSTITUTE MOTION: Rep. CAMPBELL moved to send RS12680 TO PRINT, after
Legislative Services modifies language to satisfy the above
complaint and recommended it be sent to the House Business
Committee. Motion carried by voice vote.
| RS12817C1 | Counties may return mineral rights |
Rep. LANGFORD spoke in support of this legislation. She said that it has been the practice to
separate the mineral rights from ownership of the land when the land is sold. At times, when
property changes hands, a portion of the mineral rights will stay with the original owner.
Property taxes are assessed on these mineral rights. Quite often the rights have no value, so
the owners simply turn them back to the county. At this point, the county cannot sell these
rights. This legislation would allow those rights to revert to the current owner of the property.
MOTION: Rep. SMYLIE moved that RS12817C1 be SENT TO PRINT. Motion
carried by voice vote.
| RS12627 | Gives States the right to self determination |
The Sponsor requested that this legislation be heard at another time.
| RS12924 | Removes exemption for real estate licensees |
There was no one present to speak about the legislation, so the Chairman moved it to the
agenda of February 11, 2003.
The meeting adjourned at 9:32 a.m.
| DATE: | February 11, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Smylie, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Jaquet, Shepherd, Smith(30), Langhorst |
| ABSENT/
EXCUSED: |
Stevenson, Ellsworth, Langford, Wills |
| GUESTS: | See attached sheet. |
The Chairman called the meeting to order at 9:01 a.m.
The minutes of the meetings of 2/7/03 and 2/10/03 were read.
MOTION: Rep. RING moved that the minutes of the meeting of 2/7/03 be approved
as written. Motion carried by voice vote.
MOTION: Rep. SKIPPEN moved that the minutes of the meeting of 2/10/03 be
approved as written. Motion carried by voice vote.
| RS12924 | Removes exemption for real estate licenses |
Ms. Teri Ottens spoke in support of this legislation. She explained that currently attorneys,
accountants, and realtors are exempt from licensing requirements for mortgage brokers.
Attorneys and accountants are regulated in their practices by their professional organizations,
but realtors are not. This legislation would provide regulation by requiring them to license as
mortgage brokers. Ms. Ottens asked that the legislation be sent to the Business Committee.
MOTION: Rep. SHIRLEY moved that RS12924 be SENT TO PRINT and referred to
the House Business Committee. Motion carried by voice vote.
| RS12829 | Public school employees same rights when serving in National Guard or as reservist |
Rep. ANDERSON spoke in support of this legislation. He said that it provides public school
employees the same rights as the state of Idaho provides state employees who serve in the
National Guard or as a reservist in the armed forces. It applies primarily to annual training that
is required of these people.
MOTION: Rep. MILLER moved that RS12829 be SENT TO PRINT. Motion carried
by voice vote.
| RS12824 | Political subdivisions of the state within requirements of Sunshine Act |
Rep. CLARK spoke in support of this legislation. He explained that it is being presented to clear
up any confusion regarding reporting requirements of the Sunshine Act.
MOTION: Rep. CAMPBELL moved that RS12824 be SENT TO PRINT. Motion
carried by voice vote.
| RS12732 | Dessert wines in private retail outlets |
Rep. CLARK spoke in support of this legislation. He said that it only applies to sherry, madeira,
and port wines. These wines have a higher alcohol content and are not currently sold in retail
outlets. This legislation would give a county the option to allow the sale of these wines at retail
establishments.
MOTION: Rep. JAQUET moved that RS12732 be SENT TO PRINT. Motion carried
by voice vote.
| RS12970 | Immunity for broadcasters using amber alert system |
Mr. Larry Benton spoke in support of this legislation. He said that the amber alert system is a
federal program which is used to alert the public to the abduction of a child. It would provide
limited immunity to those broadcasters who participate in this system. He suggested that it be
sent to the House Judiciary and Rules Committee.
MOTION: Rep. CAMPBELL moved that RS12970 be SENT TO PRINT and sent to
the House Judiciary and Rules Committee. Motion carried by voice vote.
The meeting adjourned at 9:30 a.m.
| DATE: | February 12, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Ellsworth, Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Shepherd, Smith(30), Langhorst |
| ABSENT/
EXCUSED: |
Jaquet |
| GUESTS: | See attached sheet. |
The Chairman called the meeting to order at 9:03 a.m. with a quorum present.
The minutes of the meeting of 2/11/03 were read.
MOTION: Rep. MILLER moved that the minutes of the meeting of 2/11/03 be approved as
written. Motion carried by voice vote.
| RS12930 | No net loss of land |
Rep. CAMPBELL spoke in support of this legislation. He explained that when land is acquired
by the Fish and Game Department, there is a loss of revenue in terms of property taxes since
government agencies do not pay property taxes. He proposes that the Department make up
this loss out of its own funds. There would be no impact to the general fund because these
funds come from separate sources. He asked that the Committee refer this RS to the House
Resources and Conservation Committee if it is printed.
MOTION: Rep. BLACK moved that RS12930 be SENT TO PRINT and be referred to the
House Resources and Conservation Committee. Motion carried by voice vote.
| RS12954 | Reduce penalties for infractions against certain recreation laws |
Rep. CAMPBELL spoke in support of this legislation. He explained that the department of
Parks and Recreation had brought this legislation to him. It was written to clean up certain
procedures and make the system more efficient. He asked that it be referred to the House
Resources and Conservation Committee if it is printed.
MOTION: Rep. BLACK moved that RS12954 be SENT TO PRINT and be referred to the
House Resources and Conservation Committee. Motion carried by voice vote.
| RS12963 | Organizational meeting of new political party |
Mr. Tim Hurst, representing the Secretary of State, spoke in support of this legislation. He said
that it replaces HB163, which was heard in a print hearing earlier. There were certain clerical
errors in that bill, and these were corrected in RS12963.
Members of the Committee noted that since the Committee had already heard this bill, it should
go directly to the 2nd Reading Calendar.
MOTION: Rep. SKIPPEN moved that RS12963 be SENT TO PRINT and send directly to
the 2nd Reading Calendar.
It was noted that the Committee had only heard this legislation in a print hearing and there was
no full hearing on the bill as yet.
SUBSTITUTE MOTION: Rep. CLARK moved to send RS12963 TO PRINT. Motion carried
by voice vote.
| HB147 | Utility company intervenor costs, when |
Rep. STEVENSON spoke in support of the bill.
Mr. Paul Kjellander, Public Utilities Commissioner, spoke in support of the bill. He said that the
amount granted to intervenor requests is the original amount specified when the intervenor fund
was established. He reminded the Committee that any group applying for intervenor funding
must show it to be vital to a case before the PUC. He noted that the PUC has been quite
careful when awarding intervenor funding. He noted that the funding cap was established by
the Legislature, and his Commission is bound by the provisions of that legislation. He believes
that raising the funding cap might encourage more groups to participate in the process.
Perhaps, the previous cap discouraged some groups. With more groups participating in the
process, a consumer advocate would not be necessary.
Mr. Randy Budge, an attorney representing the Idaho Irrigation Pumpers Association, spoke in
support of the bill. He said that he had presented various cases before the PUC, and he
believes that intervenor funding encourages participation by all groups in the process. He noted
that presenting a case before the PUC can be highly complex and lengthy. It can involve
individuals who possess technical knowledge that is indispensable. All of these factors
contribute to making the process expensive. He would like to see the funding cap raised
further. He noted that the intervenor funding is charged back to the utility, who ultimately
collects it from the group of ratepayers involved. He noted that the criteria for applying for
intervenor funding is quite specific and difficult to prove at times. He noted that figures noting
that the amount applied for and the amount granted can vary widely. This can be a combination
of the strict requirement of the criteria; the amount could have been split among several groups;
and the PUC might have rejected the request for funding because the arguments used were not
judged to be valid.
Members of the Committee noted that perhaps the criteria were too strict and discouraged some
groups from applying. Mr. Kjellander said that he believed that the criteria is a valuable tool for
the Commission. Members of the Committee asked him about the possibility of an ombudsman
in the process. He replied that other states have instituted an ombudsman. It worked well in
some, not as well in others. Funding for the position could be problematic. In any case, that
decision rested with the Legislature and not the Commission.
MOTION: Rep. LANGFORD moved to send HB147 to the floor with a DO PASS
recommendation. Motion carried by voice vote. Rep. STEVENSON will sponsor
the bill on the floor.
The meeting adjourned at 9:58 a.m.
| DATE: | February 13, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Ellsworth, Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| GUESTS: | See attached sheet. |
The Chairman called the meeting to order at 9:03 with a quorum present.
The minutes of the meeting of 2/12 were read. Rep. SKIPPEN noted that she had made the
original motion on RS12963.
MOTION: Rep. SKIPPEN moved that the minutes of the meeting of 2/12/03 be
accepted with the change noted above. Motion carried by voice vote.
| RS12989 | Emergency Communications |
Mike Kane, representing the Idaho Sheriff’s Association, spoke in support of this legislation. It
was written in response to federal regulations regarding emergency communications. There is
a fee currently being charged on land lines to cover the implementation of these requirements,
but it is not assessed on cellular telephone providers. This legislation implements the
assessment of this fee on cellular providers. Each individual county will decide the amount of
the fee to be assessed. The fee will be assessed on each cellular telephone number.
MOTION: Rep. CAMPBELL moved that RS12989 be SENT TO PRINT. Motion
carried by voice vote.
| RS12936 | Children’s Day |
Rep. MARTINEZ spoke in support of this legislation. This legislation would recognize April 30
as Children’s Day (El Dia de los Ninos). This date was chosen because it is widely celebrated
in Latin America as Children’s Day. Since a growing proportion of our population is of Hispanic
descent, it would make sense to use the date commonly used in Latin America. It would not be
a legal holiday, but rather a day treated very much the same as Mother’s Day and Father’s Day
are. It is hoped that this special day would encourage the celebration of family and the diversity
of cultures in our country. The Committee noted that Mother’s Day and Father’s Day always fall
on Sundays; this holiday would probably fall during the week. Rep. MARTINEZ said that he
hoped that the schools would participate in this celebration.
Members of the Committee noted that the word “shall” is used on line 11. That would appear to
make the language of the bill mandatory and would not allow any local control. Others noted
that it does not appear to be so. It simply denotes that day as the date to be designated. It
does not mandate that celebrations occur.
MOTION: Rep. RING moved to that RS12936 be SENT TO PRINT.
SUBSTITUTE MOTION: Rep. CLARK moved to send RS12936 TO PRINT, changing “shall”
to “may” on line 11.
The SUBSTITUTE MOTION (language changes) failed on a roll call vote. Voting AYE were
Reps. CAMPBELL, STEVENSON, SMYLIE, CLARK, and MILLER. Voting NAY were Reps.
LANGFORD, BLACK, EDMUNSON, RING, SHIRLEY, SKIPPEN, SNODGRASS, WILLS,
JAQUET, SHEPHERD, SMITH, LANGHORST, and DEAL.
The MOTION (Print) passed on a voice vote.
HB181 Veterans, cemetery, interment fees
Rep. ESKRIDGE spoke in support of the bill. He said that it allows fees to be collected from
veterans who wish to be interred, disinterred, or reinterred in the state veterans cemetery.
MOTION: Rep. LANGHORST moved that HB181 be sent to the floor with a DO PASS
recommendation. Motion carried by voice vote. Rep. ESKRIDGE will
sponsor the bill on the floor.
HB182 Veterans remains, disposition
Rep. ESKRIDGE spoke in support of the bill. He said that it allows the unclaimed remains of
veterans to be released to the proper veterans’ authorities for a proper military burial. It is
supported by the veterans organizations and the Idaho Funeral Services Association.
The Committee asked if the language used in the bill were standard, and he replied that it is.
MOTION: Rep. SHIRLEY moved that HB182 be sent to the floor with a DO PASS
recommendation. Motion carried by voice vote. Rep. ESKRIDGE will
sponsor the bill on the floor.
| RS12483C1 | Persons under 21 able to attend a theater serving beer or wine |
Rep. JAQUET spoke in support of this legislation. She explained that was written to address
the problem of a performing arts theater which served wine or beer. Legally, persons under the
age of 21 were prohibited from attending this theater. The language is fairly restrictive in the bill
because it was intended to address live performances in a theater.
Members of the Committee noted that underage persons would not only be in the audience, but
also as members of the cast and backstage crew. Who would police these young people?
Rep. JAQUET reminded the Committee that serving underage persons would jeopardize the
liquor license of the establishment, and this would of course be counterproductive for the
business. In addition, proof of age would be required.
Members of the Committee noted that this appeared to be mandatory language and would
exclude the exercise of local control. She replied that each county has the power to issue liquor
licenses, which would provide a great deal of local control.
MOTION: Rep. CLARK moved that RS12483C1 be SENT TO PRINT. Motion carried
by voice vote. Rep. LANGFORD wished to be recorded as voting NAY.
| RS12746 | Candidates disclose all information about donors |
Rep. JAQUET spoke in support of this legislation. She explained that it was written to address
a level of cynicism among the voters. It would require candidates who receive donations in
excess of $51 to provide full details on these donors, including their employer and occupation.
The intent of the legislation is to provide full details on campaign financing. This same
requirement is contained in federal requirements, although the threshold there is $200.
Surrounding states also have the same requirement.
Members of the Committee expressed discomfort with disclosing an employer’s name for such
small amounts of donations. Could there be repercussions for the employee from this
disclosure? The employer is not an important part of the process of campaign financing.
Other members of the Committee noted that if the amount in this legislation were changed to
match the federal guidelines, it would more palatable to them. Rep. JAQUET said that she
decided on $51 because donations of that level must already be reported.
MOTION: Rep. CLARK moved that RS12746 be SENT TO PRINT.
SUBSTITUTE MOTION: Rep. SHIRLEY moved that RS12746 be RETURNED TO
SPONSOR.
AMENDED SUBSTITUTE MOTION: Rep. SMITH moved that RS12746 be SENT TO
PRINT, changing the threshold to $200, to match
federal guidelines.
The AMENDED SUBSTITUTE MOTION (print with changes) failed on a voice vote. Voting
AYE were 7, Voting NAY were 11.
The SUBSTITUTE MOTION (Return to Sponsor) passed on a voice vote.
The meeting adjourned at 10:07 a.m.
| DATE: | February 14, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Ellsworth, Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| GUESTS: | See attached sheet |
The Chairman called the meeting to order at 9:04 a.m. with a quorum present.
The minutes of the meeting of 2/13/03 were read.
MOTION: Rep. WILLS moved that the minutes of the meeting of 2/13/03 be approved
as written. Motion carried by voice vote.
| RS12946C1 | State conventions |
Rep. MILLER spoke in support of this legislation. She said that it was written to allow political
parties more flexibility in their convention dates and to allow more time to certify their candidates
and electors.
MOTION: Rep. CLARK moved that RS12946C1 be SENT TO PRINT. Motion carried
by voice vote.
| RS12994 | Idaho Bond Bank Authority |
Liza Carberry, representing the State Treasurer’s office, spoke in support of this legislation.
She gave a short overview of both the Idaho Bond Bank Authority and the Bond Guarantee
Program, and she explained that the Bond Guarantee Program especially has been a great
success. The Bond Bank Authority has not yet put together a loan, but they are very close to
doing so.
This RS proposes a clarification so that the Bond Bank Authority can bundle loans dealing with
lease/loan/purchase of equipment by municipalities. By bundling these requests, the Bond
Bank can secure a more beneficial loan rate and therefore save money. She notes that the
fiscal note denotes a $155,000 savings; she believes it will be more than that.
MOTION: Rep. CAMPBELL moved that RS12994 be SENT TO PRINT. Motion
carried by voice vote.
| RS13007 | Child enticement through internet |
Ms. Heather Reilly, representing Idaho Prosecuting Attorneys Association, spoke in support of
this legislation. She said that it was written to correct an error in legislation that had been
presented to the House Judiciary/Rules Committee. She asked that it be referred to that
committee if it was printed.
MOTION: Rep. BLACK moved that RS13007 be SENT TO PRINT and referred to
House Judiciary/Rules Committee. Motion carried by voice vote.
| HB162 | Help America Vote Act, implementation |
Mr. Ben Ysursa, Secretary of State, spoke in support of the bill. He explained that it was written
so that Idaho would comply with the requirements of the Help America Vote Act. It implements
procedures to make the absentee ballot process more efficient. It outlines a grievance
procedure. It outlines the types of identification that will be required of voters. It outlines the
identification of first time voters. It outlines the lists of voters that required. It specifies that
these lists are not to be used for commercial purposes. It moved the filing time for candidates
up two weeks to allow clerks time to print, mail, and receive absentee ballots. It removes
obsolete language and makes current language consistent with the language in the federal
legislation.
Members of the Committee had questions about the types of identifier to be used by voters. Mr.
Ysursa said that the driver’s license is the primary type of identification to be used. If a voter
does not have one, there are other options for him/her. The Committee commented that many
people have driver’s licenses, including persons who are not U.S. citizens. Mr. Ysursa said that
perhaps citizens would have a unique number on their licenses so that it would be easier to
identify them.
Regarding the lists of voters to be kept, Mr. Ysursa said that it was the goal of his office to
maintain the cleanest, most accurate list possible.
Mr. Ysursa outlined the purpose of the Democracy Fund. Monies received from the federal
government would go into this fund to be distributed to counties as requested for election
improvements. There is a state match required for part of these funds. He said that there is
interest in having the counties pay part of the state match required, in effect prepaying for their
part of funds to be distributed back to the counties. This would be a good idea for the counties,
because they would probably receive a 4:1 match for their contribution. He believes that this is
an innovative way for the counties to pay for these improvements without burdening the state
with the all requirement to come up with the match. He noted that a county could choose not to
prepay this amount.
Members of the Committee were particularly troubled by this concept. This presupposes that
the federal government would pay into the Democracy Fund the amounts that have been
promised. It asks the counties to commit large funds for election improvements on the
possibility that federal funds will be forthcoming. Mr. Ysursa responded by saying that he
preferred to be proactive in improving access to the election process.
Mr. Dave Navarro, Ada County Clerk, said that his county had already designated an amount for
election improvements. He believes that this concept is a good one. He noted the permissive
language in the bill.
Mr. Tony Poinelli, representing the Association of Counties, said he believed a majority of the
counties would be willing to participate in this program.
Members of the Committee noted that language in the bill reflected an outdated period when
electors were always referred to in the masculine – “his”.
Mr. Jim Hansen, representing United Vision of Idaho, spoke in support of the bill. He said that it
demonstrates real progress in voting rights in Idaho. He reminded the Committee that there is a
disturbing trend of distrust and cynicism of the election process among the young and people of
color. He reminded the Committee that the act of voting protects our freedoms. This bill
addresses voting access issues.
MOTION: Rep. SMITH moved to send HB162 to GENERAL ORDERS WITH
AMENDMENTS ATTACHED – changing all references to “his” to be gender
neutral.
Members of the Committee expressed the opinion that amending the bill to be gender neutral
would be an extensive re-write and would muddy the waters.
Other members believed that the gender references are not relevant here. The provisions of
the bill are far-reaching and very important to Idaho. Gender neutral language can be
addressed at a later time. The possibility of using funds from the Democracy Fund would be of
great benefit to the counties.
SUBSTITUTE MOTION: Rep. STEVENSON moved to send HB162 to the floor with a DO PASS
recommendation.
A number of Committee members expressed real discomfort with the county/match funds from
the Democracy Fund. The change in filing dates is troublesome. Federal funds might or might
not arrive and the counties are being asked to contribute on the promise that they will arrive.
AMENDED SUBSTITUTE MOTION: Rep. CAMPBELL moved that HB162 be HELD IN
COMMITTEE.
The AMENDED SUBSTITUTE MOTION (HOLD IN COMMITTEE) failed on a roll call vote.
Voting AYE were Reps. CAMPBELL and CLARK. Voting NAY were Reps. STEVENSON,
ELLSWORTH, SMYLIE, LANGFORD, BLACK, EDMUNSON, MILLER, RING, SHIRLEY,
SKIPPEN, SNODGRASS, WILLS, JAQUET, SHEPHERD, SMITH, LANGHORST, and DEAL.
The SUBSTITUTE MOTION (DO PASS) passed on a voice vote. Reps. CLARK, ELLSWORTH,
CAMPBELL wished to be recorded as voting NAY. Reps. DEAL and STEVENSON will sponsor
the bill on the floor.
| HB164 | Magistrate/retentn electn/file/time |
Mr. Dave Navarro, Ada County Clerk, spoke in support of the bill. He explained that it changes
the filing dates for magistrate elections. It will allow more efficient processing of absentee
ballots.
MOTION: Rep. WILLS moved that HB164 be sent to the floor with a DO PASS
recommendation. Motion carried by voice vote. Rep. SNODGRASS will
sponsor the bill on the floor.
| HB165 | Code comm, compensation, not salary |
Mr. Ben Ysursa, Secretary of State, spoke in support of the bill. He said that it was written to
address a problem that had occurred with the Code Commission. These Commissioners were
not allowed to participate in their own Individual Retirement Accounts because as state
employees they were automatically enrolled in PERSI. They meet infrequently and the amounts
they are paid are minimal. This legislation exempts them from that requirement so they may
have their own IRA’s.
MOTION: Rep. ELLSWORTH moved that HB165 be sent to the floor with a DO PASS
recommendation. Motion carried by voice vote. Rep. LANGHORST will
sponsor the bill on the floor.
| HB166 | Districts, recall elections/petitns |
Mr. Dave Navarro, Ada County Clerk, spoke in support of the bill. He explained that it outlines a
process for determining the number of signatures needed for a recall election when a taxing
district has not conducted an election within the last six years. He noted that “district” is well
defined in Code and there should be no confusion about that term.
MOTION: Rep. JAQUET moved to send HB166 to to the floor with a DO PASS
recommendation. Motion carried by voice vote. Rep. SKIPPEN will
sponsor the bill on the floor.
The meeting adjourned at 10:40 a.m.
| DATE: | February 18, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Jaquet, Shepherd, Smith(30), Langhorst |
| ABSENT/
EXCUSED: |
Ellsworth, Wills |
| GUESTS: | See attached sheet |
The Chairman called the meeting to order at 9:05 a.m. with a quorum present.
The minutes of the meeting of 2/14/03 were read. Rep. SHEPHERD noted that on page 2,
paragraph 7, Mr. Poinelli’s name is spelled incorrectly.
MOTION: Rep. LANGHORST moved that the minutes of the meeting of 2/14/03 be
accepted with the change noted above. Motion carried by voice vote.
The Chairman announced that HB243 should have been sent to the House Business
Committee.
MOTION: Rep. SMITH moved to refer HB243 to the House Business Committee.
Motion carried by voice vote.
| RS12923 | Restricts cities from making decisions outside of city boundary when dealing with Urban Renewal |
Rep. GAGNER spoke in support of this legislation. He explained that was written address the
issue of primacy within districts.
MOTION: Rep. CAMPBELL moved that RS12923 be SENT TO PRINT and be
referred to the House Local Government Committee. Motion carried by
voice vote.
| RS12997 | Killing a moose/changed from felony to misdemeanor |
Rep. CAMPBELL spoke in support of this legislation. He said that current law states that
anyone who kills a moose will be charged with a felony. This seems to be an extreme penalty,
when there are more egregious crimes which carry lesser penalties. He noted that hunters can
and do kill game by mistake. This seems to be a very harsh punishment for a mistake. He was
unsure why the killing of a moose was punishable by a felony charge when killing other game is
not. He asked that it be referred to the House Resources and Conservation Committee if it
were printed.
A member of the Committee commented that a coalition of sportsmen had enabled this
legislation, to protect certain species of game animals. He noted that animals killed in this
manner are trophy animals and this punishment was selected to stop poaching of these
animals. To lessen the charge would remove these animals from the protected list.
Another member noted that a felony charge seemed extreme in comparison with more serious
offenses.
MOTION: Rep. SMYLIE moved that RS12997 be SENT TO PRINT and referred to
the House Resources and Conservation Committee. Motion carried by
voice vote.
| RS12999 | ISP charged with enforcing fish and game laws |
Rep. CAMPBELL spoke in support of this legislation. He said that Fish and Game officers are
being asked to perform many tasks that were never intended to be within the purview of Fish
and Game, e.g. drug investigations, promotion of land development, etc. This bill would place
enforcement of fish and game laws under the authorization of the Idaho State Police. Without
the need to be police officers in the field, Fish and Game employees could focus on the
management of wildlife. Being under ISP would provide better training for Fish and Game
officers and it would provide access to better funding for enforcement. To fund this shift, funds
collected from fees paid by sportsmen would be allocated to ISP to cover the costs of hiring and
training these new officers. Rep. CAMPBELL said that it would be an optimum result if the
officers who were previously Fish and Game employees would be hired by ISP to do the same
job. He noted that this is a major shift in the line of command, but he felt it was workable.
Oregon has this type of arrangement, and it seems to work well. He asked that it be referred
to the House Resources and Conservation Committee if it were printed
Members of the Committee also noted that this is major legislation with enormous fiscal and
social impact.
Other members commented that because it is such major legislation, it needs a public hearing.
MOTION: Rep. LANGHORST moved to HOLD RS12999 for a TIME CERTAIN OF
2/19/03.
SUBSTITUTE MOTION: Rep. BLACK moved that RS12999 BE SENT TO PRINT and
referred to the House Resources and Conservation Committee.
Motion carried by voice vote. Reps. LANGHORST, SMITH,
JAQUET, SNODGRASS, EDMUNSON, and SMYLIE wished to be
recorded as voting NAY.
| HB223 | Counties may return mineral rights |
Rep. LANGFORD spoke in support of the bill. She said that it had been the custom in the past
when land was sold for the mineral rights to be split off from the ownership of the land. Quite
often, the seller kept half of these rights in the hopes that valuable minerals would be
discovered on the land. In most cases, however, the rights have no value at all, but property
taxes are assessed on them after the sale of the land. Many of these mineral rights reverted to
the County when taxes were not paid on them. This bill would allow those mineral rights to
return to the land. The provisions for returning them to the land are quite stringent and are not
to be done without public knowledge.
MOTION: Rep. MILLER moved to send HB223 to the floor with a DO PASS
recommendation. Motion carried by voice vote. Rep. LANGFORD will
sponsor the bill on the floor.
| HB183 | Telephonic reading act |
Mr. Larry Streeter, representing the Federation of the Blind, spoke in support of the bill. He
explained that it would continue providing access, via telephone, to newspapers for the blind
and visually impaired. He proposes a monthly fee on landlines to pay for the service. Cell
phones are not being assessed the fee at this time, although he noted that the service can be
accessed by cell. He explained that there had been federal funding for the service in the past,
but budget cuts forced them to find other sources of funding. Other states who had this type of
program were suffering the same budgetary shortfalls and were attempting to replace the
service with other funding. He noted that the Public Utilities Commission neither opposes nor
supports the bill. The bill proposes that the State Library Board will administer the funds and
provide the service. Mr. Streeter noted that, unfortunately, he had heard from the Library Board
that they did not wish to administer the funds because of rule-making complications. He has not
had the opportunity to approach another state agency about administering these funds. The
Committee noted that the language in the bill includes fairly specific language about the
administration of the funds.
Mr. Mike Reynoldson, representing Qwest, spoke in opposition to the bill. He said that the
program itself appears to be worthy, but the mechanics of collecting the monthly fees and
remitting them are problematic. The fact that cell phone lines are exempt from the fee poses an
unfair advantage for cellular providers. There is no provision for cost recovery. Since Qwest
would prepay the fees before receiving payment for them, there is no provision for bad debts.
The Committee noted the value of this type of program for those who are visually impaired. It
allows them to be connected to their communities. They noted that if cell phones were also
included in the fee, the overall fee would be much less. The lack of an entity to administer the
funds, however is an enormous problem. There were suggestions that perhaps the Health and
Welfare Department could perform this function. Perhaps there are other government grants
available for this kind of service.
MOTION: Rep. CLARK moved that HB183 be HELD IN COMMITTEE. Motion carried
by voice vote. Voting NAY were Reps. SMYLIE, LANGFORD,
SHEPHERD, LANGHORST, SHIRLEY and MILLER.
The meeting adjourned at 10:16 a.m.
| DATE: | February 19, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Ellsworth, Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| GUESTS: | See attached sheet |
The Chairman called the meeting to order at 9:04 with a quorum present.
The minutes of the meeting of 2/18/03 were read. Rep. SMITH noted that she had made the
motion to send HB243, not Rep. SMYLIE.
MOTION: Rep. SMITH moved that the minutes of the meeting of 2/18/03 be approved
with the change noted above. Motion carried by voice vote.
| RS13002 | Idaho Primary/Preventative Care Grant Program |
Mr. Bill Foxcroft, Idaho Primary Care Association, spoke in support of this legislation. He
explained that it would help those Idaho citizens who are uninsured or underinsured by
providing access to appropriate health care. He noted that the provisions of this program differ
from the Millennium Fund health program because the Millennium Fund provides only for
tobacco cessation programs. He noted that the numbers of those who are underinsured or
uninsured is growing and poses significant problems to our health care system already. He
asked that it be referred to the House Business Committee if it were printed.
The Committee noted that budgetary constraints dictate that this program might not receive the
funding it needs, but they agreed that there is a desperate need for it. It is important that the bill
receive a full hearing so that the public can enter into the discussion.
MOTION: Rep. Rep. CAMPBELL moved that RS13002 be SENT TO PRINT and be
referred to the House Business Committee. Motion carried by voice vote.
| RS12800C1 | Data on drug industry marketing and promotional spending in Idaho |
Rep. JAQUET spoke in support of this legislation and asked that it be referred to the House
Business Committee if it were printed. She explained that it is a disclosure bill. It would require
that drug companies disclose all spending in excess of $25 related to drug sales and marketing
in Idaho. It is modeled on procedures used in Vermont. The result of the provisions in the bill
would show how demand for drug products is being created in the state. She said that the
Board of Pharmacy expressed an interest in having a public hearing on the bill and the
Department of Health and Welfare had looked at the bill. She noted that the penalty phase
contains permissive language so that penalties could be decided at the discretion of the
Attorney General. She had not consulted with the Attorney General on the bill, but had talked
with the Secretary of State. The staff in that office was not interested in administering the
provisions of the bill because of the increased workload.
The Committee noted that mandatory language was prevalent in the bill, with the exception of
the penalty phase. This seems to be extremely harsh for possibly minimal infractions. To
require drug representatives to record every small expenditure or gift would increase drug costs,
not decrease them. It was suggested that the minimum amount be changed from $25 to $50.
MOTION: Rep. LANGFORD moved that RS12800C1 be SENT TO PRINT and be
referred to the House Business Committee.
SUBSTITUTE MOTION: Rep. MILLER moved that RS12800C1 be SENT TO PRINT,
changing the minimum amount to $50, and referring it to the House
Business Committee. Motion carried by voice vote.
| HB234 | City/county elections, poll watcher |
Rep. KULSZYK spoke in support of the bill. He said that it was result of a situation he had
experienced during the last election. He and a group of people had applied for and received
official recognition as poll watchers . On election night, this group had appeared at the place
designated to count the ballots. They were not allowed to watch the entire process, but were
excluded from vital parts of processing the ballots. He believes that opening the entire process
to poll watchers is vital to keep the election open and free from criticism. The bill contains a
provision for challenging the process.
The Committee noted that it appears that the bill seeks to address problems in the processing
of ballots, but not the voting process itself. Others of the Committee noted that there are poll
watchers and challengers already who are charged with overseeing the process and who may
challenge votes. Some members of the Committee noted that perhaps the issue is the weak
authority of the challengers.
Mr. Rod Beck spoke in support of the bill. He said that he had been a member of the group who
had attempted to watch the entire process and had been denied access to parts of it. He noted
that the County Clerk in this case had chosen to strictly enforce the law as he interpreted it. In
answer to a question, he said that he had not consulted with the Secretary of State on this
legislation. The Secretary of State had been informed of the denial of access and had
expressed his surprise.
Members of the Committee questioned if the rooms used in the process could accommodate
the extra people who would be allowed to watch if this bill passes. Mr. Beck said that all
requirements for being a poll watcher would still apply, and the clerks would have plenty of time
to prepare for them. Other members noted that the process works well already and using
legislation to correct problems in a few places appears to be unnecessary.
Mr. Noel Hales, City Clerk of Canyon County, spoke in opposition to the bill. He explained that
he believes there are already safeguards built into the election process, and this bill is not
necessary. He said that if the bills passes, there will be more people involved in the election
process, and this will simply cause more confusion. Members of the Committee noted that in all
probability, the same people will be there after the legislation as before. Mr. Hales said that he
expected many more people would petition to be present.
Mr. Tim Hurst, representing the Secretary of State, said that the inspection process as noted in
the bill would apply to paper ballots. The Code already provides for an election to be contested
if someone believes that there has been improper voting.
Members of the Committee commented that this bill appears to have large implications for the
election process. The fact that the Secretary of State was not involved in drafting it is troubling.
MOTION: Rep. JAQUET moved that HB234 be HELD IN COMMITTEE. Motion
carried by voice vote.
| HB244 | National Guard, job protection |
Rep. ANDERSON spoke in support of the bill. He said that it applies to school employees who
are members of the National Guard or the reserves. It would afford them the same protections
as state employees who engage in these activities. It applies only to annual training and not
active duty. He offered an amendment (a copy is attached) to provide clarification of their status
as school employees and not state employees. This protection would honor these people for
their sacrifice and provide an incentive for others to join the Guard or the reserves.
Members of the Committee noted that there are some teachers who teach summer school
classes. If these provisions were in place, this would place a hardship on the school district
because they would have to pay the absent teacher and pay a substitute to cover his/her
classes. Rep. ANDERSON said that he believed that schedules could be arranged so that
there would be no conflict between teaching and training duty.
Members of the Committee expressed real concern that this would constitute an unfunded
mandate on the part of the state. They pointed out that enlisting in the Guard is a choice, and
the teacher would have to realize that this is part of the sacrifice involved. Others in the
Committee said that there would be plenty of time for teachers to plan around their schedules so
that there is no conflict.
MOTION: Rep. SMITH moved that HB244 be sent to GENERAL ORDERS WITH
AMENDMENTS ATTACHED.
SUBSTITUTE MOTION: Rep. STEVENSON moved that HB244 be HELD IN COMMITTEE.
The motion passed on a roll call vote. Voting AYE were Reps.
CAMPBELL, STEVENSON, LANGFORD, BLACK, CLARK,
MILLER, RING, SKIPPEN, WILLS, and DEAL. Voting NAY were
Reps. SMYLIE, EDMUNSON, SHIRLEY, SNODGRASS, JAQUET,
SHEPHERD, SMITH, LANGHORST. Rep. ELLSWORTH was
absent.
| HB245 | Campaign finance report/person defined |
In the interest of time, this bill will be postponed for hearing until Thursday, February 20, 2003.
The meeting adjourned at 10:45 a.m.
| DATE: | February 20, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Ellsworth, Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| GUESTS: | See attached sheet |
The Chairman called the meeting to order at 9:04 a.m. with a quorum present.
The minutes of the meeting of 2/19/03 were read.
MOTION: Rep. WILLS moved that the minutes of the meeting of 2/19/03 be
approved as written. Motion carried by voice vote.
RS12753 Rule making
Rep. ELLSWORTH spoke in support of this legislation. It would treat all rules review in the
same manner as fee rules are currently handled.
MOTION: Rep. CLARK moved that RS12753 be SENT TO PRINT. Motion carried
by voice vote.
RS12787 Eliminates pre-filed bills
Rep. ELLSWORTH spoke in support of this legislation. She noted that pre-filed bills are not
usually successful. This legislation would eliminate this type of bill.
MOTION: Rep. CLARK moved that RS12787 be SENT TO PRINT. Motion carried
by voice vote.
| HB245 | Campaign finance report/person defined |
Rep. CLARK spoke in support of the bill. He explained that it would make certain governmental
entities subject to the same laws as private individuals or private businesses in terms of
Sunshine reporting requirements. It is important that taxpayers know if their tax dollars are
paying to promote or oppose an issue.
Mr. Jim Jones, representing the Association of Innkeepers of Idaho, spoke in support of the bill.
He said that private individuals and businesses who lobby to promote or oppose an issue in the
state must report their expenditures according to the guidelines in the Sunshine Law.
Government entities do not. A recent court decision allows the possibility that political
subdivisions like auditorium districts could use public funds to attempt to influence issues, but
there is currently no requirement for them to report these expenditures. This decision could be
broadened to include many entities. He noted that the definition of “lobbying” would determine
the limits of reporting. Testifying before a Committee, or lunch with a legislator is probably not
applicable to these requirements. There is a common sense approach to determining when a
report should be submitted. The important point in this legislation is that private individuals and
businesses are required to submit reports on their lobbying efforts; governmental entities are
not required to do so. This, in effect, provides an advantage to these governmental entities.
The Committee noted that the definitions appear to be quite broad and somewhat vague. Mr.
Jones agreed, but said that common sense should prevail in determining when this bill would
apply. This bill would apply when a governmental entity uses public funds to oppose/support an
issue. The Committee noted that governmental entities already have a reporting requirement
because all their expenses are open to the public. Mr. Jones replied that was true, but it is
difficult to gather them in a timely manner, particularly before an election. Sunshine Law
requires regular reports be submitted so that it would be easier to see where expenditures are
going.
Members of the Committee noted that a $25 amount is the minimum reporting requirement.
This is a relatively small amount and could prove to be burdensome, particularly for smaller
groups. Mr. Jones replied that private individuals and businesses must already meet that
requirement.
Other members noted that certain governmental entities are elected precisely because the
voters want them to be in favor or opposed to an issue. Would these people be affected by this
bill? Mr. Jones replied that they would if they use public taxpayer dollars to do so, and they
should because taxpayers are funding an advertising campaign.
Marilyn Knighton, representing the Association of Counties, spoke in opposition to the bill. She
pointed out that public expenditures are open to public inspection; this provides the reporting
requirement contained in this bill. Her Association is a registered lobbyist and is subject to the
requirements of the Sunshine law.
The Committee noted a great deal of confusion over who is subject to the provisions of the bill.
Government entities already have a reporting requirement since their expense records are open
to the public. This bill appears to be too broad and vague.
MOTION: Rep. MILLER moved that HB245 be HELD IN COMMITTEE.
SUBSTITUTE MOTION: Rep. CLARK moved to send HB245 to the floor with a DO PASS
recommendation.
The SUBSTITUTE MOTION (DO PASS) failed on a voice vote.
The MOTION (HOLD) passed on a voice vote.
| RS12972C1 | Smoking in public places |
Rep. LANGFORD spoke in support of this legislation. She explained that it concerns people
who are smoking in public places. It restricts those areas where these people are allowed to
smoke.
Rep. RING spoke in support of this legislation. He cited the proven effects of secondhard
smoke and said that nonsmokers have the right to breathe smoke-free air.
The Committee noted the “public place” provision of the bill. It appears to be extremely broad
and could have enormous implications. It could prove to be an enforcement nightmare. This
could be extremely intrusive and would be far too much government.
MOTION: Rep. WILLS moved that RS12972 C1 be SENT TO PRINT, deleting line 43
on page 1, and lines 1-2 on page 2.
SUBSTITUTE MOTION: Rep. CLARK moved that RS12972C1 be RETURNED TO
SPONSOR.
The SUBSTITUTE MOTION (RETURN TO SPONSOR) failed on a roll call vote. Voting AYE
were Reps. SMYLIE, BLACK, CLARK, EDMUNSON, MILLER, SKIPPEN, SMITH, and
LANGHORST. Voting NAY were Reps. STEVENSON, LANGFORD, RING, SHIRLEY,
SNODGRASS, WILLS, SHEPHERD, and DEAL. Reps. CAMPBELL, ELLSWORTH, and
JAQUET were absent.
The MOTION (PRINT WITH CHANGES) passed on a roll call vote. Voting AYE were Reps.
STEVENSON, SMYLIE, MILLER, RING, SHIRLEY, SNODGRASS, WILLS, SMITH, and DEAL.
Voting NAY were Reps. LANGFORD, BLACK, CLARK, EDMUNSON, SKIPPEN, SHEPHERD,
and LANGHORST. Reps. CAMPBELL, ELLSWORTH, and JAQUET were absent.
RS13020 “Yes” or “No” vote
Rep. HARWOOD spoke in support of this legislation. He said that it would end the confusion
when a “yes” vote means “no” on the measure and vice versa. It would provide for clear and
concise ballots.
Rep. ROBERTS also spoke in support of this legislation.
MOTION: Rep. LANGHORST moved that RS13020 be SENT TO PRINT. Motion
carried by voice vote.
| HB254 | Central committee meeting/political party rule |
This bill will be heard on February 24, 2003.
| HB259 | Children’s Day |
This bill will be heard on February 24, 2003.
The meeting adjourned at 10:42 a.m.
| DATE: | February 24, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Ellsworth, Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| ABSENT/
EXCUSED: |
Stevenson |
| GUESTS: | See attached sheet |
The Chairman called the meeting to order at 9:05 a.m. with a quorum present.
The minutes of the meeting of 2/20/03 were read.
MOTION: Rep. MILLER moved that the minutes of the meeting of 2/20/03 be
approved as written. Motion carried by voice vote.
| HB259 | Children’s Day |
Rep. MARTINEZ spoke in support of the bill. He said that the bill proposes that April 30 be
designated as Children’s Day, or Dia de los Ninos.
Ms. Connie Weisgerber spoke in support of the bill. She said that she has a great deal of
experience dealing with young people and she believes that this bill represents a wonderful idea
to celebrate all children, all over the state.
Judge Sergio Gutierrez spoke in support of the bill. He said that today’s youth face a number of
real obstacles: the rising number of divorces, increasing number of single parent families,
parents who are both working and must entrust their children to the care of others, extended
families who are increasingly the primary caregiver for children, and families where both parents
are in the military and may be sent overseas. It is imperative that today’s children know that
they are important to the community, and for the community to know that it bears a responsibility
to help raise its children. He said that April 30 was chosen after careful consideration so that it
would fall during school. There are other dates celebrating children throughout the world, and
this date could be changed in the future.
Dr. Jerry Hirschfeld, representing St. Luke’s Children’s Hospital, spoke in support of the bill. He
said that the creation and building of self esteem of Idaho’s youth is extremely important.
Idaho’s youth are at a fragile point in their lives. Statistically, this group accounts for a large
percentage of fatalities, suicides and risky behavior. It is vital that our youth receive recognition
from their communities so that their assets can be acknowledged and to help improve their
chances of success in life.
Ms. Conchi Morales spoke in support of the bill. The idea of a Children’s Day, or Dia de los
Ninos, resulted from a challenge issued by a youth group in Texas. The idea has been
represented in the U.S. Congress. Idaho would be the first state to have an officially recognized
Children’s Day.
MOTION: Rep. SMITH moved that HB259 be sent to the floor with a DO PASS
recommendation. Rep. MARTINEZ will sponsor the bill on the floor.
| HB254 | Central committee meeting/political party rule |
Mr. Tim Hurst, representing the Secretary of State, spoke in support of the bill. He said that it
was written as a result of the previous primary. A third party had formed after the primary and
had no county chairman. This legislation would allow that party to organize their state meeting.
It deletes obsolete and unnecessary language and removes the need for a primary election for a
new political party that has no contested races. Doing so results in considerable savings to the
state. A member of the Committee asked him if only one party fielded candidates for a position,
would this provision be invoked. Mr. Hurst said that it was possible, but he said that the bill
states that it “is not necessary”. There is no mandatory language in this section. Another
member asked him if it were at the clerk’s discretion to print or not. Mr. Hurst said that was
possible. He said that the Secretary of State had reviewed the bill for its constitutionality and
had found no issues with it.
Members of the Committee noted that many voters like the option to vote for their candidate in
the primary, even though that candidate has no opposition. This could present a very confusing
situation for the voter, and how does that encourage voter participation in the process?
Mr. Ryan Davidson spoke in opposition to the bill. He said that he was a member of the
Libertarian Party and he believes it was written in response to his party’s entry into the previous
primary. He believes the statute as written is sufficient to answer any problems that might arise.
However, he offered an amendment to this bill which would keep the original spirit of the statute.
(A copy is attached.) He said that he believes this bill as it is written could be interpreted as
restricting ballot access. He questions the need for it in light of the need to interest more people
in participating in the voting process.
MOTION: Rep. MILLER moved that HB254 be sent to the floor with a DO PASS
recommendation.
SUBSTITUTE MOTION: Rep. CAMPBELL moved that HB254 be HELD IN COMMITTEE.
Members of the Committee noted that confusion by the voter could be a result of this bill. They
suggested that perhaps Mr. Davidson’s amendment could satisfy the Secretary of State’s
concern. The possible interpretations of the bill as currently written could prove troublesome.
The SUBSTITUTE MOTION (HOLD) passed on a voice vote. Rep. MILLER wished to be
recorded as voting NAY.
| RS13004C1 | Recycled oil |
Rep. TRAIL spoke in support of this legislation. He said it encourages the use of recycled oil.
With gas and oil prices rising, it only makes sense to recycle oil when possible. It is good for
the state’s resources and environment. It helps us to be energy independent. He asked that it
be sent to the House Environment Committee if it were printed.
Members of the Committee noted that this legislation seems to be unnecessary.
MOTION: Rep. CAMPBELL moved that RS13004C1 BE SENT TO PRINT and be
referred to the House Environment Committee.
SUBSTITUTE MOTION: Rep. JAQUET moved that RS13004C1 BE RETURNED TO
SPONSOR.
The SUBSTITUTE MOTION (RETURN) failed on a voice vote. Voting AYE were 7, Voting NAY
were 10.
The MOTION (PRINT) passed on a voice vote.
| RS12849C1 | Internet tobacco sales |
Rep. ELLSWORTH spoke in support of the bill. She said that it corrects a loophole in the Code.
Face-to-face sales of tobacco products are restricted in Idaho. However, internet tobacco sales
are not covered by this Statute. The language used to correct this loophole mirrors that used to
address internet alcohol sales. The purchaser must present valid identification to prove that
they are of age to purchase the product. She noted that the fiscal impact is none, but she hope
that the increased taxes collected from these sales will generate income for the state.
MOTION: Rep. CLARK moved that RS12849C1 be SENT TO PRINT. Motion carried
by voice vote.
RS13063 Lottery exemption removed from state purchasing laws
Rep. ELLSWORTH spoke in support of the bill. She said that the lottery is currently exempt from
state purchasing laws. This legislation would remove that exemption and would force that
commission to abide by the laws that the rest of state departments must obey. It would require
competitive bids.
MOTION: Rep. JAQUET moved that RS13063 be SENT TO PRINT. Motion carried
by voice vote.
The meeting adjourned at 10:12 a.m.
| DATE: | February 25, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Ellsworth, Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| GUESTS: | See attached sheet |
The Chairman called the meeting to order at 9:03 a.m.
The minutes of the meeting of 2./24/03 were read.
MOTION: Rep. BLACK moved that the minutes of the meeting of 2/24/03 be
approved as written. Motion carried by voice vote.
| SB1069 | Beer/wine, delivery, 18 or older |
Sen. NOBLE spoke in support of the bill. He said that it addresses the sale of beer or wine at a
retail location for consumption elsewhere. It does not change the age where alcohol is legal to
be consumed. It does not address locations where the alcohol is purchased and consumed on
the same premises. Sen. NOBLE said that 18 was chosen because persons of this age are
already allowed to sell tobacco products and many of them are planning for a college education.
This bill speaks primarily to retail locations such as grocery stores and convenience stores. It is
customer friendly because it would allow an underage clerk to check through an alcoholic
beverage without the need to have an older adult in that part of the process. It would make a
more efficient operation. It is business friendly because it allows smaller retail locations to
promote persons who are 18 to positions where checking alcohol occurs. Many times these
retail outlets are located in small areas where the available pool of employees is quite small;
this bill gives them the opportunity to employ more youth in the community. It is college student
friendly because it allows a person of this age to earn higher wages which can be used to pay
for higher education. The responsibility still lies with the employer to find and train young
persons who will comply with alcohol laws. An employer, out of necessity, will select persons
he or she can trust for such a position. The penalties for violating the law are quite severe, and
an employer will not risk such penalties by selecting persons who are not trustworthy.
In answer to a question from the Committee, Sen. NOBLE said that as an owner of a grocery
store himself, his experience is that smaller stores by their nature make it more difficult for an
employee to allow illegal purchases. He said that there are already programs in place which
can be used to train these young people in the requirements of the law.
A member of the Committee pointed out that many of these smaller retail locations are open 24
hours a day. It appears that there is a real possibility that these young people could be
operating the store by themselves late at night or very early in the morning. There would be
virtually no supervision and would leave these young people open to other associated problems,
i.e. robbery, etc. Sen. NOBLE reminded the Committee that the business owner must consider
all possibilities and would make his employment decisions based on the trust he has in his
employee.
Chief Don Perce, representing the Chiefs of Police Association, spoke in opposition to the bill.
He reminded the Committee that by law persons under the age of 21 cannot purchase or
consume alcohol. He believes that the correlation between the sale of tobacco products and
the sale of alcohol products is erroneous. He is concerned because peer pressure is
tremendous at this age and it would be very difficult to resist selling alcohol products to
underage youth. As a law enforcement officer, it is his duty to make it difficult for underage
people to purchase alcohol. A lone 18-year-old clerk working late at night would find it very
difficult to resist the peer pressure to sell alcohol to minors. He also said that 18-year-olds are
by and large still in high school; 19-year-olds are of college age.
Ms. Pam Eaton, representing Idaho Retailers Association, spoke in support of the bill. She said
that many of her larger retailers also believe that this will enable them to promote younger
employees to positions where a higher wage will provide more funds for their education. She
also noted the required stringent procedures for alcohol sales. She does not believe that this
will cause an increase in sales to underage persons.
Members of the Committee cited personal experience with young people. People of 18 are at a
transitional stage. Generally, they are still in high school. Peer pressure is an omnipresent
problem.
Others noted there is more a likelihood that alcohol will be made available through other means
in the storeout the back door, or other adults buying for minors, for example. The employer
ultimately bears the responsibility if his/her employee sells these products to minors. The
penalties for violations are quite onerous and it behooves the owner of the business to choose
his employees carefully. In addition, persons who are 18 are eligible to serve in the armed
forces. There are mature and immature 18-year-olds. Surely, we can trust some of these
young people to obey the law when selling alcohol. These young people need jobs and this
would provide good employment for them.
Other members noted that military service is closely supervised. 18-year-olds generally lack
common sense and good judgement and believe that they are invincible. The age of 19 is much
better because persons of that age tend to be more responsible.
Still others felt conflicted because they see the desperate need in small communities for
employment for young people, but they also see the terrible consequences of underage
drinking.
MOTION: Rep. JAQUET moved that SB1069 be sent to the floor with a DO PASS
recommendation.
SUBSTITUTE MOTION: Rep. WILLS moved that SB1069 be HELD IN COMMITTEE.
AMENDED SUBSTITUTE MOTION: Rep. LANGHORST moved to HOLD SB1069 for a
TIME CERTAIN of 3/05/03.
The AMENDED SUBSTITUTE MOTION (TIME CERTAIN 3/05/03) failed on a voice vote.
The SUBSTITUTE MOTION (HOLD) failed on a voice vote. Voting Aye were 9; voting Nay
were 9.
The MOTION (DO PASS) failed on a voice vote. Voting Aye were 9; voting Nay were 9. The
Bill dies in Committee.
| HB246 | Wine, table/dessert, licenses |
Rep. CLARK spoke in support of the bill. He said that it allows sherry, port, and madeira to be
sold in retail outlets with the approval of either the county commission or by popular vote. The
definitions of these wines are carefully defined. No community will be forced to allow the sale of
these wines; their sale will be at the option of the local community. Allowing the sale of these
wines will not preclude their sale through the State Liquor Dispensary. They account for a very
small percentage of overall sales by the Liquor Dispensary, so the income to the agency will not
be affected very much. The availability of these wines would be of benefit to areas where
tourism is an important component of the local economy. They are generally a more expensive
item and would add more dollars into the economy and the general fund. In answer to a
question from the Committee Rep. CLARK said that the community would need a new vote to
authorize sales of these wines.
Mr. Ted Judd spoke in support of the bill. He said that he would like to have a better selection
of these wines available.
Ms. Molly Cox, representing MADD, spoke in opposition to the bill. She voiced considerable
concern that underage minors would have easy access to these wines. She cited their higher
alcohol content and said that studies indicate that young people only drink to get drunk.
Drinking a beverage with a higher alcohol content would allow them to get drunk faster. There
will be a small number of people who benefit by the sale of these wines; many more will be hurt.
Young people are involved in disproportionate numbers in car accidents and DUI arrests. The
benefits of sales of these wines is not worth the risk to our youth.
Chief Don Pierce, representing the Chiefs of Police Association, spoke in opposition to the bill.
He also noted the danger to underage minors of easy access to higher percentage alcohol.
Mr. Dyke Nalley, Idaho State Liquor Dispensary, said that the cost of these wines in official
stores ranges from $20 and up. He said that the Dispensary carries the lower end wines
because these are the wines that sell faster. The Dispensary cannot afford to buy wines that
sell slowly. He expects that if retailers are allowed to sell these wines, they will probably stock a
higher end quality.
There was discussion among the Committee that the definitions of these wines is quite specific.
Allowing the sale of these wines in retail outlets would encourage a better selection of wines. It
must be noted that many of the official outlets for the Liquor Dispensary are already located in
retail locations. It must be emphasized that these sales must be authorized by local option vote.
Others noted that minors who want to get drunk probably won’t select a bottle that costs $20 or
more. Moreover, drinking too much of these wines may cause nausea, so they would probably
not be the alcohol of choice for minors.
MOTION: Rep. SNODGRASS moved to send HB246 to the floor with a DO PASS
recommendation.
A member of the Committee expressed reservations about the provisions of the bill. He said that
previous revisions in the law had the unintended consequences of allowing beverages to be
sold that were obviously not what the law was written to address. It appears that this is an
attempt to move more alcoholic beverages out of the control of the Liquor Dispensary.
SUBSTITUTE MOTION: Rep. DEAL moved that HB246 be HELD IN COMMITTEE .
The SUBSTITUTE MOTION failed on a roll call vote. Voting AYE were Reps. STEVENSON,
ELLSWORTH, LANGFORD, SHIRLEY, WILLS, and DEAL. Voting NAY were Reps.
CAMPBELL, SMYLIE, BLACK, CLARK, EDMUNSON, MILLER, RING, SKIPPEN,
SNODGRASS, JAQUET, SHEPHERD, SMITH, and LANGHORST.
The MOTION (DO PASS) passed on a roll call vote. Voting AYE were Reps. CAMPBELL,
SMYLIE, BLACK, CLARK, EDMUNSON, MILLER, RING, SKIPPEN, SNODGRASS, JAQUET,
SHEPHERD, SMITH, and LANGHORST. Voting NAY were Reps. STEVENSON,
ELLSWORTH, LANGFORD, SHIRLEY, WILLS, and DEAL. Rep. CLARK will sponsor the bill on
the floor.
| HB260 | Theater/alcohol/under 21 may attend |
Rep. JAQUET spoke in support of the bill. She reminded the Committee that current law
dictates that any venue serving alcohol does not permit minors to be present. There are certain
exemptions to this law, primarily aimed at activities enjoyed by families. This bill addresses
theaters with live entertainment and who serve alcohol. The audience at these theaters is also
largely composed of families. It only makes sense to include this type of entertainment in the
other exemptions to the law.
MOTION: Rep. SMITH moved to send HB260 to the floor with a DO PASS
recommendation. Motion carried by voice vote. Reps. LANGFORD,
ELLSWORTH, SHIRLEY, and STEVENSON wished to be recorded as
voting NAY. Rep. JAQUET will sponsor the bill on the floor.
The meeting adjourned at 10:42 a.m.
| DATE: | February 26, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives, Ellsworth, Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| ABSENT/
EXCUSED: |
Stevenson |
| GUESTS: | See attached sheet |
The Chairman called the meeting to order at 9:03 a.m. with a quorum present.
The minutes of the meeting of 2/25/03 were read.
MOTION: Rep. RING moved that the minutes of the meeting of 2/25/03 be approved
as written. Motion carried by voice vote.
| HB267 | Bond Bank Authority |
Lisa Carberry, Investment Manager for the State Treasurer’s Office, spoke in support of the bill.
She said that it allows the Bond Bank to extend their services to municipalities who wish to
lease or purchase items such as fire trucks, police cars, computers, etc. By bundling these
requests, the Bond Bank expects to save the municipalities, and the taxpayers, considerable
extra expense. The Bond Bank acts as a conduit only.
MOTION: Rep. CLARK moved that HB267 be sent to the floor with a DO PASS
recommendation. Motion carried by voice vote. Rep. CLARK will sponsor
the bill on the floor.
| HB268 | Political party convention |
Rep. MILLER spoke in support of the bill. She said that current law dictates that conventions
must take place during the last two weeks of June. This poses a hardship for the parties. This
bill allows them the flexibility to decide the date of their conventions. It also allows more
flexibility in certifying candidates for President and Vice President. The bill has been approved
by both major parties.
MOTION: Rep. RING moved that HB268 be sent to the floor with a DO PASS
recommendation. Motion carried by voice vote. Rep. MILLER will sponsor
the bill on the floor.
Rep. CAMPBELL assumed the Chair.
| RS13050 | Health insurance providers subject to reporting requirements |
Rep. DEAL spoke in support of the bill. He said that it concerns the High Risk Reinsurance
Pool. Any health insurance company operating in Idaho must cede all policies written in a
statutory product to the High Risk Pool. The High Risk Pool was established to provide stability
in insurance rates. He asked that it be sent to the House Business Committee if it were printed.
MOTION: Rep. CLARK moved that RS13050 be SENT TO PRINT and be referred to
the House Business Committee. Motion carried by voice vote.
Rep. DEAL assumed the Chair.
| RS13054 | Land Bank funds |
Mr. Winston Wiggins, representing the Department of Lands, spoke in support of this legislation.
He said that it relates to the amount of time the Land Bank can hold funds before they are
deposited into the Endowment Fund. The Land Bank was established to be a repository for
funds derived from the sale of State Endowment lands. These funds could then be used to
purchase lands to replace any Endowment lands that have been sold. The time period
specified in Code for holding these funds is 2 years. At the end of that period, those funds are
deposited in the Endowment Fund, where they are unavailable for reinvestment in lands. Mr.
Wiggins pointed out that 2 years is a relatively short period. It takes considerable time to
investigate, negotiate, and finalize financial transactions of this size and nature. Two years is
hardly enough time to accomplish this. Negotiations involving “land swaps” only involve the
Land Bank when the properties being exchanged are of unequal value and some cash is
received. In answer to a question from the Committee, he answered that the Land Bank is
administered by the Endowment Fund Investment Board.
A member of the Committee commented that the 2-year time limit had been set as a result of a
compromise because the creation of the Land Bank was such a substantial change in Code.
MOTION: Rep. CLARK moved that RS13054 be SENT TO PRINT. Motion carried by
voice vote.
The meeting adjourned t 9:39 a.m.
| DATE: | February 27, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Ellsworth, Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| ABSENT/
EXCUSED: |
Snodgrass |
| GUESTS: | See attached sheet |
The Chairman called the meeting to order at 9:04 a.m. with a quorum present.
The minutes of the meeting of 2/26/03 were read.
MOTION: Rep. SMYLIE moved that the minutes of the meeting of 2/26/03 be
approved as written. Motion carried by voice vote.
| RS13053 | Electronic filing of annual reports |
Mr. Chuck Goodenough, representing the Secretary of State, spoke in support of this
legislation. He said that allowing the electronic filing of annual reports will increase efficiency in
the Secretary of State’s office, and will therefore reduce expenses.
MOTION: Rep. CAMPBELL moved that RS13053 be SENT TO PRINT. Motion
carried by voice vote.
| RS13032 | Removes requirement to renew certificates of assumed business names |
Mr. Chuck Goodenough, representing the Secretary of State, spoke in support of this
legislation. He said that it will allow certificates of assumed business names to remain in the
system indefinitely without the need to renew them.
MOTION: Rep. WILLS moved that RS13032 be SENT TO PRINT. Motion carried by
voice vote.
| RS13033 | Secretary of State can refuse to file invalid financing statements |
Mr. Chuck Goodenough, representing the Secretary of State, spoke in support of this
legislation. He said it was written to address the occasions when individuals file liens on
themselves. This practice makes no sense and is inefficient.
MOTION: Rep. MILLER moved that RS13033 be SENT TO PRINT. Motion carried
by voice vote.
| HB258 | Emergency communications |
Mr. Michael Kane, representing the Sheriff’s Association, spoke in support of the bill. He said
that it addresses the emergency communication system (911) in the state. He said that the bill
had been revised many times, but he felt that this version satisfied all parties concerned. He
reminded the Committee that federal requirements mandated a state-wide emergency
communications system. Many other states had elected to construct and administer a system
from the state down to the local community, i.e. the state collected the funds and supervised
construction and maintenance of the system. Idaho, on the other hand, elected to allow local
communities to fund and construct the system. There is currently a fee on land line telephones
which is allocated to the emergency communication fund. When the law was originally written,
cellular telephones were few in number so there was no fee imposed on them. Individual
counties can choose to impose this fee on themselves or not. Wireless carriers are not subject
to any current fees imposed on landlines. This bill intends to include wireless carriers in the
same provision as landline telephones. Communities which had previously voted to impose a
fee on landlines would automatically begin to attach a fee to cellular phone lines. Mr. Kane
pointed out that the number of cellular phones in the state had exploded and are estimated to
be around 600,000. Construction and maintenance of an emergency communications system is
quite expensive and the additional income from this inclusion would allow those communities to
comply with federal requirements. Mr. Kane noted that there is an auditing provision in the bill
which provides accountability for these funds.
Mr. Vaughn Killeen, Sheriff of Ada County, spoke in support of the bill. He said that rural areas
especially would benefit by the provisions of this bill. It would allow sophisticated, modern
systems to be constructed in areas not previous served. He emphasized the safety factor in
having a system able to locate a 911 call, either by phone number or by GPS location. It would
save lives. He said that it is possible that the fees could be lowered from their current rate once
cell carriers are included. He also mentioned the fact that the original federal legislation could
be interpreted as including cellular communications. The state could face litigation if this
inclusion is not specifically appended to the law. He also emphasized that auditing language
had been included in this bill. Mr. Killeen said that the system could be administered in a variety
of ways. The voters could decide on any configuration they chose. He said that cellular
companies had an advantage now because they were not subject to the fee imposed on
landlines, but their customers could access the 911 service, which was paid for by the landline
carriers.
The Committee queried him whether a local community needed to vote again to specifically
include cellular lines in the imposition of the fee. He said that he believed if the community had
voted to impose a fee for emergency communications prior to the passage of this bill, it would
also apply to cell phones. They would not need to vote again to specifically include cell phones.
A member of the Committee commented that the voters had originally voted to impose a fee on
landlines only. This fee on cell phones might be a hardship since many people had several
landlines and cell phones also. The voters deserved the right to choose to impose a fee on cell
phones.
A member of the Committee asked Mr. Killeen about funds generated by the office of Homeland
Security. Mr. Killeen said that funds from that body might be generated to the state, but it was
impossible to know the amount forthcoming, and it would be a one time distribution.
Construction and maintenance of these systems required ongoing income where the amount
was a known quantity.
Mr. Mike Reynoldson, representing Qwest, spoke in support of the bill. He believes inclusion in
the imposition of fees would be fair to all concerned. Cell phone users often base their
purchase decisions on price. If one service does not collect the fee, they of course will be less
expensive than their competitors and will sell to more customers. However, 60% of all 911 calls
originate from cell phones now. It seems only fair that they also be subject to the fee.
Mr. Shane Muchmore, representing Sprint, spoke in opposition to the bill. He believes in the
911 system, but he has several problems with the bill. The oversight and safeguards of these
funds is not apparent. The funds to be generated by including cell phones could be enormous,
but oversight appears insufficient. The current fee can be up to $1; he questions why that
amount was chosen. He noted that each community can choose to impose the fee. With many
separate entities submitting different amounts of fees, the compliance issue could be
problematic. He suggests a uniform fee so that bookkeeping could be much easier. He notes
that there is no provision for bad debts, or recovery of costs associated with managing these
funds. There is no sunset clause. He suggests that the issue be revisited in the near future to
determine if the fee should continue. In answer to a question from the Committee, he noted that
it is virtually impossible to predict future technological advancements in the telecommunications
industry.
Mr. Roy Eiguren, representing Verizon, spoke in support of the bill. He said that the bill
addresses the issue of public policy that all phones, landline and cellular, should be treated
equally. He believes the auditing and accountability language in the bill is adequate to
safeguard these funds from misuse. He believes that the federal legislation establishing a
national emergency communication system did not include cellular carriers, and this bill will
specifically include them in Code. He notes that these funds will allow the counties to comply
with federal requirements to enable 911 systems to locate by phone number, and later by actual
physical location. He said that fees will be based on the primary residence of the subscriber.
Mr. John Elorieta, County Commissioner of Jerome County, spoke in support of the bill. He also
said that the ability to impose this fee on themselves will benefit rural areas tremendously. He
noted that the number of landlines in his area has decreased, while the number of cellular
subscribers is increasing.
Mr. Bill Brockman, County Commissioner of Twin Falls County, spoke in support of the bill. He
addressed the question of a subscriber who owns several cell phones. Quite often, this is a
business which finds it much more efficient to keep in touch with its employees by cell phone. It
is not a hardship, because the business can choose to have fewer phones. He reminded the
Committee that safety is the primary objective of a 911 system.
Mr. Stuart Davis spoke in support of the bill. He related the story of his airplane accident, in
which he was severely injured and called on his cell phone for help. He believes without
access to 911 by his cell, the outcome of his accident would have been much worse. He noted
that it was difficult to find him because that area lacked the G.P.S. function which could receive
his location. He said that he is not generally in favor of fees, but feels that this fee is important
and potentially life-saving.
Members of the Committee reiterated that local voters should be able to vote to impose another
fee on themselves. Mr. Killeen and Mr. Eiguren said that was an amendment to the bill that was
acceptable to them. The Committee suggested that a Sub-Committee meet with all parties
concerned to write an amendment addressing this issue.
MOTION: Rep. CAMPBELL moved that a Sub-Committee be formed to study this
issue, and that HB299 be HELD FOR A TIME CERTAIN of 3/6/03. Motion
carried by voice vote.
The Chairman appointed Rep. CAMPBELL to Chair the Sub-Committee. He also appointed
Reps. ELLSWORTH, BLACK, CLARK, WILLS, SKIPPEN, and JAQUET to serve on it.
The meeting adjourned at 10:45 a.m.
| DATE: | March 3, 2003 |
| TIME: | 9:30 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Campbell, Representatives, Ellsworth, Smylie, Clark, Skippen, Wills, Jaquet, |
| ABSENT/
EXCUSED: |
Black |
The Chairman called the meeting to order at 9:32 a.m. with a quorum present.
HB 299 Emergency communications
Mr. Roy Eiguren presented an outline of items to be resolved in the bill. He commented that the
federal requirements for enhanced 911 service have been in place for some time. It was left to
the states to decide how to implement 911 systems.
Mr. Vaughn Killeen noted that there are currently 7 counties in Idaho without a 911 system:
Boundary, Camas, Clark, Clearwater, Lewis, Oneida, and Owyhee counties.
There were questions about an “opt out” provision. Mr. Michael Kane said that the police chiefs
had voiced an interest in that option.
A member of the Committee noted that there were other problems with the bill. The provision
ensuring confidentiality of data provision could be problematic. Mr. Eiguren said that the data
involved was information on the number of customers from each company. He believes that
this would not present a problem since the counties could agree not to divulge this information.
There were other questions from the Committee regarding future federal funding through the
Homeland Security Agency. That agency was still in the process of organizing, and any funding
available to the state was unclear at this time. There was the potential of substantial available
funds which could be used to help fund 911 systems. A member of the Committee noted that
information would be available in the very near future and it would be wise to consider this bill
after we receive solid information on any future federal funds. Mr. Killeen reminded the
Committee that federal funds would be one time money, whereas operation and purchase would
involve ongoing expenditures.
Other members noted that the bill contains many areas of concern: possible future federal
funds, the confidentiality agreement, and lack of accountability. Perhaps the Committee should
consider designating an Interim Committee to refine the bill. Mr. Eiguren noted that there is a
potential lawsuit which could be costly if the issue is not settled soon.
Another member presented information from Gem County, including an organizational outline
and accounting figures. She noted that the equipment in question is very expensive and fees
collected from landlines alone did not cover the expenses involved in the system.
MOTION: Rep. CLARK moved that an Interim Committee be formed to resolve these
issues.
SUBSTITUTE MOTION: Rep. ELLSWORTH moved that the bill be HELD for a TIME
CERTAIN OF 3/17/03.
Mr. Eiguren and Mr. Ron Williams presented amendments they proposed to append to the bill.
(Copies are attached.)
The SUBSTITUTE MOTION passed on a voice vote. The bill will be heard in the full Committee
on March 17.
The Chairman announced that the Sub-Committee would meet on Tuesday, March 4 at 8:00
a.m. to discuss HB299 further.
The meeting adjourned at 10:00 a.m.
The Chairman called the meeting to order at 9:07 a.m. with a quorum present.
The minutes of the meeting of 2/27/03 were read.
MOTION: Rep. BLACK moved that the minutes of the meeting of 2/27/03 be
approved as written. Motion carried by voice vote.
| RS13077 | Buying/selling transferable development rights |
Rep. JAQUET spoke in support of this legislation. She said that it concerned primarily
agricultural land. There is interest in preserving agricultural land by buying development rights.
This legislation allows the buyer and seller to decide the length of the contract. She asked that it
be sent to the House Local Government Committee if it were sent to print.
MOTION: Rep. CLARK moved to send RS13077 to PRINT and be referred to the
House Local Government Committee. Motion carried by voice vote.
| RS13027C1 | Increasing amount on Bond Guarantee program |
Ms. Liza Carberry, representing the State Treasurer’s office, spoke in support of this legislation.
She said that it raises the cap on the Bond Guaranty program from $100 million to $200 million.
This program enables school districts to borrow at favorable rates.
Rep. DEAL noted that the Endowment Fund Investment Board approved this raise.
MOTION: Rep. CLARK moved that RS13027C1 be SENT TO PRINT. Motion carried
by voice vote.
| HB291 | Initiative/referendum |
Rep. ROBERTS spoke in support of the bill. He said that it would place a clear and concise
statement on the ballot which states the result of a “yes” or a “no” vote. He noted that the
Attorney General and the Secretary of State endorsed the bill.
MOTION: Rep. MILLER moved that HB291 be sent to the floor with a DO PASS
recommendation. Motion carried by voice vote. Reps. ROBERTS and
HARWOOD will co-sponsor the bill on the floor.
| HB297 | Cigarette sales, age verification |
Chairman DEAL announced that this bill would be held at the request of the sponsor.
| RS13106 | $200 contribution/disclose occupation/employer |
Rep. JAQUET spoke in support of this legislation. She said that it would follow federal
requirements that any contribution over $200 must include information on the occupation and
employer of the donor.
MOTION: Rep. SMITH moved that RS13106 be SENT TO PRINT. Motion carried by
voice vote.
The meeting adjourned at 9:22 a.m.
| DATE: | March 4, 2003 |
| TIME: | 8:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Campbell, Representatives Ellsworth, Smylie, Black, Clark, Skippen, Wills, Jaquet |
The Chairman called the meeting to order at 8:02 a.m. with a quorum present.
The minutes of the meeting of 03/03/03 were read.
MOTION: Rep. WILLS moved that the minutes of the meeting of 3/03/03 be approved
as written. Motion carried by voice vote.
Mr. Michael Kane summarized proposed amendments by Verizon. He noted that Option #2
presented the best solution to accountability issues. He noted that it would require an annual
review and a budget setting process to address system needs in conjunction with input from the
public. He believes that a general consensus of providers agreed with this Option. Mr. Roy
Eiguren concurred in this assessment. Mr. Kane noted that this procedure is already being
followed by Ada County.
A member of the Committee noted that the budget process in other counties is already being
taken very seriously and HB 299 as it is currently written should address all accountability
issues. Another member of the Committee disagreed, saying there is considerable distrust in
the public sector. Tighter control over allocation of these funds is necessary to regain public
confidence.
The Committee questioned Mr. Eiguren and Sheriff Vaughn Killeen whether the possibility of
new sources of funds would cause the amount of the fee to drop. Both gentlemen agreed that
the possibility exists that extra funding would allow the counties to lower the fees. However, the
point was made that these systems are extremely expensive to set up and maintain, and
landline numbers have been decreasing. It might take some time for the counties to recoup
their costs before they can consider dropping the fee.
Mr. Mike Reynoldson, representing Qwest, presented an amendment which proposes a
statewide system. He also noted that these provisions should apply to all communication
technology, not just wireless and landlines. He reminded the Committee that technological
changes in just the past few years had revolutionized communication, and he believes that
future communication advancements would require that inclusive language.
Mr. Bob West, representing the Sheriff’s Association, also said that future technology
improvements and advancements should be considered, and he proposed a thorough study of
the issue.
Members of the Committee disagreed and said that the issue is important now, and it should be
dealt with now. Future technological improvements are a given in our society. One of the
primary reasons Idaho citizens choose to carry a cellular phone is for emergencies. The longer
the issue waits, the more people we put into jeopardy. A further comment was made that $1 per
phone line is minimal compared to other communication expenses.
A member of the Committee commented that the real problem is the fee. Should it be assessed
on each number or is there another option? The accountability issue is still open to debate. The
whole issue needs more study.
Another member of the Committee said that the Legislature must place a certain amount of trust
in county Commissioners to account for these monies in a proper manner. Sheriff Killeen
concurred and said that the Committee was quite welcome to visit his call center and see how
the system works.
The Committee discussed those counties which were not covered by a 911 system. There were
suggestions that perhaps those counties without this system might receive special start up
funds to help them. Mr. Eiguren suggested that perhaps there might be federal grant funds
available to these counties.
Another member of the Committee noted that funding 911 systems county by county presents
certain problems to those citizens who live in one county, but access an emergency call center
in another county.
Mr. Kane noted that 911 enhancements are important and necessary to save lives.
The Chairman announced that there would be another Sub-Committee meeting at 8:00 a.m. on
Thursday, March 6, 2003.
The meeting adjourned at 9:49 a.m.
| DATE: | March 5, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Ellsworth, Smylie, Langford, Black, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| ABSENT/
EXCUSED: |
Clark |
| GUESTS: | See attached sheet |
The Chairman called the meeting to order at 9:04 a.m. with a quorum present.
The minutes of the meeting of 03/04/03 were read.
MOTION: Rep. MILLER moved that the minutes of the meeting of 03/04/03 be
approved as written. Motion carried by voice vote.
| RS13130 | Regarding landscape architects |
Ms. Rayola Jacobson, representing the Bureau of Occupational Licensing, spoke in support of
this legislation. She explained that it reflected a compromise between consulting engineers and
other groups. She asked that it be referred to the House Business Committee if it were printed.
MOTION: Rep. JAQUET moved that RS13130 be SENT TO PRINT and be referred
to the House Business Committee. Motion carried by voice vote.
| HB312 | Financing statements |
Mr. Chuck Goodenough, representing the Secretary of State’s office, spoke in support of the
bill. He said that it addressed a growing problem in the country. Citizens are filing liens on
themselves, a practice that has no meaning. It is simply impossible to file a lien on yourself.
Mr. Goodenough does not understand why this practice began, but he noted that it will clog the
system in a short period. This legislation allows the office of the Secretary of State to reject
these filings, and to purge existing ones from the system. He reminded the Committee that this
applies only to lien filings of an individual on himself.
MOTION: Rep. WILLS moved that HB312 be sent to the floor with a DO PASS
recommendation. Motion carried by voice vote. Rep. SMYLIE will sponsor
the bill on the floor.
| HB313 | Assumed business names |
Mr. Chuck Goodenough, representing the Secretary of State’s office, spoke in support of the
bill. He said that people who assume a business name file that name with the Secretary of
State’s office. There is a requirement on the books that those filings be renewed every 5 years.
New filings are increasing every year, but renewals are minimal. This bill will keep those
business names on a data base in perpetuity (unless the Secretary of State’s office removes
them) and not require a renewal of them. There will be a slight increase in the initial filing fee,
and it is hoped that this will more than offset the loss from renewal fees. Mr. Goodenough said
that these assumed business names are not reserved for one entity. Other entities may use
that name in other parts of the state. The principal reason for filing an assumed business name
is to open a bank account.
The Committee noted that paragraph about the emergency clause in the Statement of Purpose
needs to be changed to delete language about a retroactive effective date of 01/01/02. Mr.
Goodenough agreed.
MOTION: Rep. SMYLIE moved that HB313 be sent to the floor with a DO PASS
recommendation, with a change in the Statement of Purpose as noted
above. Motion carried by voice vote. Rep. SMYLIE will sponsor the bill on
the floor.
| HB314 | Corporate annual reporting/filing |
Mr. Chuck Goodenough, representing the Secretary of State’s office, spoke in support of the
bill. He said it would allow the Secretary of State’s office to design and implement a system for
electronic filing of annual reports by businesses in the state. He noted that annual reports are
required by the banking industry in order to qualify for loans. Currently, this is done in hard
copy. Enabling the Secretary of State to accept and process these reports electronically would
save manpower and taxpayer dollars, and would be of great benefit to Idaho businesses. He
noted that there are similar systems in other states.
A member of the Committee expressed confusion how this change would take place. Mr.
Goodenough said that it would be through the rule-making process.
MOTION: Rep. ELLSWORTH moved that HB314 be sent to the floor with a DO
PASS recommendation. Motion carried by voice vote. Rep. ELLSWORTH
will sponsor the bill on the floor.
The meeting adjourned at 9:50 a.m.
| DATE: | March 6, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Ellsworth, Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| GUESTS: | See attached sheet |
The Chairman called the meeting to order at 9:02 a.m. with a quorum present.
The minutes of the meeting of 3/5/03 were read.
MOTION: Rep. RING moved that the minutes of the meeting of 3/5/03 be approved
as written. Motion carried by voice vote.
| HB315 | Public funds |
The Chairman announced that the Sponsor of the bill asked that it be held.
| HB305 | Land sale/land bank fund/5 years |
Mr. Jay Biladeau, assistant Director of the Department of Lands, spoke in support of the bill. He
said that it would extend the time limit for holding funds in the land bank from 2 years to 5 years.
He said that the land bank was established as a repository for funds received from sales of
state land. These funds would then be used to purchase other, more lucrative land. While
these funds are being held, they are managed by the State Treasurer, according to established
rules already in place. To retrieve them is a simple paperwork exchange so that the funds are
easily accessed. Funds deposited into the land bank are carefully documented and tracked.
State lands are sold to improve income to the beneficiaries. In some cases, resource-based
lands are sold, and commercial or residential land is acquired to improve earnings potential.
The additional time being requested in this bill is necessary to locate, research, and finalize
these new purchases. A two year limit is very restrictive.
Members of the Committee noted that the original 2-year time limit was selected because the
land bank creation was new, untried policy. Now that the land bank has been in place long
enough to establish an excellent track record, it is time to extend that limit to 5 years.
MOTION: Rep. BLACK moved that HB305 be sent to the floor with a DO PASS
recommendation. Motion carried by voice vote. Rep. DEAL will sponsor
the bill on the floor.
The Chairman announced that HB 321 had been sent to wrong Committee and should have
been sent to the House Local Government Committee.
MOTION: Rep. JAQUET moved that HB321 be referred to the House Local
Government Committee. Motion carried by voice vote.
The meeting adjourned at 9:26 a.m.
| DATE: | March 10, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Ellsworth, Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| GUESTS: | See attached sheet |
The Chairman called the meeting to order at 9:03 a.m. with a quorum present.
The minutes of the meeting of 3/06/03 were read.
MOTION: Rep. WILLS moved that the minutes of the meeting of 3/6/03 be approved
as written. Motion carried by voice vote.
| RS13152 | Smoking in public places |
Rep. LANGFORD spoke in support of this legislation. She spoke of the harmful effects of
secondhand smoke from tobacco. She said that this legislation would restrict smoking in
enclosed indoor public places only. Bars and other similar establishments are still exempted
from the provisions of this bill. She said that this bill is based on similar legislation in Utah. She
said that she also would like to include bowling alleys in the provisions of the bill.
Rep. RING also spoke in support of this legislation. He reiterated that there is no prohibition for
smoking in outdoor locations. In answer to a question from the Committee, he said that bars
that serve snack food would still be exempted from this bill. He said that a business which has
no employees would be exempt, but if the public enters the business for any reason, then the
provisions would apply. Medical expenses arising from tobacco smoke cost the state a great
deal of money.
MOTION: Rep. STEVENSON moved that RS13152 be SENT TO PRINT.
SUBSTITUTE MOTION: Rep. LANGFORD moved that RS13152 be SENT TO PRINT, with
changes that include bowling alleys in provisions of the bill.
A member of the Committee commented that exempting bowling alleys would be a good thing
because many families enjoy that activity and so do schools. A bowling alley should not be
confused with a bar, however, since a person must be 21 to enter a bar. In addition, many bars
in bowling alleys have separate ventilation to vent any cigarette smoke in the area.
Prohibiting smoking in public places makes sense because the line separating smoking non-smoking sections in these establishments is invisible. There is usually no separate ventilation
for non-smoking areas. We need to protect our citizens from the harmful effects of a product
they do not choose.
The SUBSTITUTE MOTION (PRINT WITH CHANGES) failed on a roll call vote. Voting AYE
were Reps. STEVENSON, LANGFORD, RING, SHIRLEY, SNODGRASS, JAQUET,
LANGHORST. Voting NAY were Reps. CAMPBELL, ELLSWORTH, SMYLIE, BLACK, CLARK,
EDMUNSON, MILLER, SKIPPEN, WILLS, SHEPHERD, SMITH, and DEAL.
The MOTION (PRINT) passed on a roll call vote. Voting AYE were Reps. STEVENSON,
ELLSWORTH, LANGFORD, BLACK, RING, SHIRLEY, SNODGRASS, WILLS, JAQUET, and
LANGHORST. Voting NAY were Reps. CAMPBELL, SMYLIE, CLARK, EDMUNSON, MILLER,
SKIPPEN, SHEPHERD, SMITH, and DEAL.
| RS13148 | Internet tobacco sales |
Rep. ELLSWORTH spoke in support of this legislation. She explained that it replaces a
previous bill that addressed the problem of tobacco products sold to minors thru the internet.
She said that the Attorney General believed that the language contained in that bill could be
improved by integrating it into existing Code. RS13148 is the resulting legislation. She
reminded the Committee that the provisions of this legislation mirror those that apply to alcohol
sales through the internet.
MOTION: Rep. WILLS moved that RS13148 be SENT TO PRINT. Motion carried by
voice vote.
| RS13109 | Master Tobacco Settlement |
Brett DeLange, representing the Attorney General’s office, spoke in support of this legislation.
He explained that the Master Tobacco Settlement had an unintended consequence. Amounts
deposited in escrow accounts were vulnerable to the likelihood of early release of these
deposits. This could result in a serious depletion of funds in that account. This legislation
remedies that situation. The effective date is 7/01/03 because he believes there will some time
involved in notifying the manufacturers involved and setting up proper procedures. He expects
that any requests that have already been received for release will be honored, but he does not
think that there will be a large number of these requests.
MOTION: Rep. RING moved that RS13109 be SENT TO PRINT. Motion carried by
voice vote.
| HB323 | Campaign contribution/employer |
Rep. JAQUET spoke in support of the bill. She explained that it sets a limit of $200 and above
for reporting both the occupation and employer of the contributor. This mirrors federal
requirements. She noted that $200 could be an aggregate amount from a single person, not a
group or a political action committee. This bill will open up the campaign contribution process
for the public to see. It will provide a greater level of professionalism in campaign reporting.
Lori DeCaire, representing Idahoans for Fair Elections, spoke in support of the bill. She said that
it would provide another means of public access to information about campaign contributions. It
would produce a healthier system.
Mr. Jim Hansen, representing United Vision for Idaho, spoke in support of the bill. He cited
several statistics that showed that non-incumbents receive more donations from private
individuals.
The Committee noted that it was important for the public to be fully informed about campaign
contributions. Any steps to instill confidence in the voters is a good thing.
MOTION: Rep. LANGHORST moved that HB323 be sent to the floor with a DO PASS
recommendation. Motion carried by voice vote. Rep. JAQUET will
sponsor the bill on the floor.
The meeting adjourned at 10:04 a.m.
| DATE: | March 11, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Ellsworth, Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| GUESTS: | See attached sheet |
The Chairman called the meeting to order at 9:04 a.m. with a quorum present.
The minutes of the meeting of 3/10/03 were read. Rep. LANGFORD said that the
SUBSTITUTE MOTION on RS13152 should read that the changes are to “include bowling
alleys in the provisions of the bill”. The first paragraph of her testimony should also reflect that
language.
MOTION: Rep. WILLS moved that the minutes of the meeting of 3/10/03 be approved
with the changes noted above. Motion carried by voice vote.
| RS13151C1 | Emergency communications |
Rep. CAMPBELL, speaking on behalf of the House State Affairs Sub-Committee on emergency
communications, said that this RS is the result of compromises among the various interested
parties. There is also a Memorandum of Understanding setting up a task force to study
governance issues and methods for including those counties without a 911 system. He said
that the Sub-Committee had studied this issue upon 3 separate occasions and recommended
that RS13151C1 be SENT TO PRINT.
Mr. Roy Eiguren, representing Verizon Telecommunications, spoke in support of this legislation.
He reminded the Committee that HB299 also dealt with the issue of 911 systems in the state,
but the parties involved wanted changes in it. This RS is the result of honest discussion of the
issue. It differs from HB299 in several ways: it calls for the establishment of a task force to
study governance and inclusion of all counties in the 911 system. It provides for an annual
review of the 911 budget and consequent fee-setting to meet those expenditures. It sets up
strict guidelines for expenditures.
The Committee noted that this RS attempts to address all concerns among the interested
parties. The issue is a serious one and should be addressed immediately.
The Chairman thanked the Sub-Committee for their hard work and attention in solving a very
difficult issue.
MOTION: Rep. CAMPBELL moved that RS13151C1 be SENT TO PRINT. Motion
carried by voice vote.
| SB1061 | Electronic signature and filing act |
Sen. LODGE spoke in support of the bill. She said that it is a result of an Interim Committee
study. The Attorney General’s office had reviewed the Statute on all issues dealing with e-commerce. The result of that review is that there is much redundancy and unnecessary
language which could be deleted. This bill would delete that language.
MOTION: Rep. BLACK moved that SB1061 be sent to the floor with a DO PASS
recommendation. Motion carried by voice vote. Rep. Schaefer will
sponsor the bill on the floor.
| SB1067 | Tobacco permittees, inspect, minors |
Mr. Decker Sanders, representing the Department of Health and Welfare, spoke in support of
the bill. He said that it concerns the inspection of retail tobacco outlets. Occasionally, a minor is
used in the inspection process. This bill would exempt the use of minors in those locations
where at least 55% of the revenues of the business come from the sale of alcohol for
consumption on site or adult oriented entertainment. The intent of the legislation is to protect
the safety of minors used in the inspection process.
MOTION: Rep. MILLER moved that SB1067 be sent to the floor with a DO PASS
recommendation. Motion carried by voice vote. Rep. ELLSWORTH will
sponsor the bill on the floor.
The meeting adjourned at 9:25 a.m.
| DATE: | March 11, 2003 |
| TIME: | 8:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Campbell, Representatives, Ellsworth, Smylie, Black, Clark, Wills, Skippen, Jaquet |
The Chairman called the meeting to order at 8:03 a. with a quorum present.
The minutes of the meeting of 3/06/03 were read.
MOTION: Rep. WILLS moved that the minutes of the meeting of 3/06/03 be approved
as written. Motion carried by voice vote.
RS13151C1 Emergency Communications
Mr. Roy Eiguren, representing Verizon, spoke in support of this legislation. He explained that it
is a result of discussions among all the parties involved in the bill. It differs from HB299 in
several ways: it establishes a task force to study governance issues involving the statewide 911
system and it will study ways to include those counties who currently do not have a 911 system.
It adopts the Option 2 changes recommended by Verizon which provides for an annual review
of the fee as it applies to the budget for the year. It provides for public notice of hearings on the
issue. It also specifies that the monies collected through these fees are to be expended solely
to support the 911 system.
Mr. Bob Wells, representing the Chiefs of Police, said that the Memorandum of Understanding
drawn up to establish this task force (a copy is attached) was reviewed and any additions to it
are noted.
Members of the Committee questioned whether the officials who oversee the systems would be
elected. It appears that some of them might not be. It is important that the voters have the
opportunity to express their satisfaction or dissatisfaction with these fees by means of the ballot
box. Mr. Eiguren said that he believed that these boards would have to be elected officials.
Other members of the Committee questioned if this task force would include legislators. It
would only seem logical to include them if the task force proposes to draft legislation to be
presented in the future. They noted the MOU language that legislators would be invited on an
“as needed” basis. Mr. Wells noted that including legislators as members of the task force
would be a good idea. Members of the Committee questioned how the task force would be
funded: Who would pay for legislators travel? Mr. Wells noted that the task force intended to
meet at various locations around the state and the legislators in that area were welcome to
attend.
A member of the Committee commented that she wanted to see a provision for voters to
approve the 911 fee to be applied toward cell phones. Mr. Eiguren said that his group would
oppose that proposal because it would create a patchwork system. The provision to open up
the budget process to public hearings when setting fees is more than adequate.
Mr. Bill Brockman, Twin Falls County Commissioner, said that some sub-committees in his
district might include non-elected members.
The Committee questioned if this process were the reverse of the normal presentation of such
processes. This bill proposes to set a fee, then another will come to set up parameters. Mr.
Eiguren said that his group believed that the inclusion of cell phones in the fee structure was
long overdue. This bill addresses the sensitive issue of accounting for the fees. There is still
honest disagreement on the governance issue and methods for including those counties without
911 service. Those issues must be thoroughly discussed and resolved. Members of the
Committee agreed that it is of paramount importance to move forward on improving the 911
system.
Mr. Dan Chadwick, representing the Association of Counties, said that including legislators in
the task force was a good idea and he would support amending the MOU to that effect.
Members of the Committee noted that there needs to be further work to resolve difficult issues,
but the establishment and maintenance of an effective 911 system is important for Idaho.
MOTION: Rep. WILLS moved that the Sub-Committee recommend to the full
Committee that RS13151C1 be SENT TO PRINT. Motion carried by voice
vote.
The meeting adjourned at 8:44 a.m.
| DATE: | March 12, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Ellsworth, Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Wills, Jaquet, Shepherd, Smith(30), Wallace (substituting for Langhorst) |
| ABSENT/
EXCUSED: |
Snodgrass |
| GUESTS: | See attached sheet |
The Chairman called the meeting to order at 9:04 a.m. with a quorum present.
The minutes of the meeting of 3/11/03 were read.
MOTION: Rep. MILLER moved that the minutes of the meeting of 3/11/03 be
approved as written. Motion carried by voice vote.
The Chairman asked Rep. CAMPBELL to ask the Sub-Committee to approve the minutes of
3/11/03. Rep. CAMPBELL did so.
MOTION: Rep. SKIPPEN moved that the minutes of the Sub-Committee meeting of
3/11/03 be approved as written. Motion carried by voice vote.
| HB322 | Public school perm endowment fund |
Mr. Ron Crane, Idaho State Treasurer, spoke in support of the bill. He outlined the Idaho School
Bond Guaranty Program and explained that it has been very successful. In fact, it has been so
successful that the cap which had been placed on the amount available for bonding purposes
has been met. This bill raises the cap to $200 million, which can be leveraged to $600 million.
He said that there is a considerable backlog of requests that cannot be met because the cap
has been met, and he believes that raising the cap will enable many school districts to fund
needed improvements. Raising the cap will not affect the state’s bond rating at all.
MOTION: Rep. CLARK moved that HB322 be sent to the floor with a DO PASS
recommendation. Motion carried by voice vote. Rep. DEAL will sponsor
the bill on the floor.
| HB333 | Liquor/beer, serve, city set hours |
Rep. MEYER spoke in support of the bill. He said that it would enable cities to extend the hours
during which alcoholic beverages can be served. Currently, Code dictates that the cities must
seek county permission to extend those hours. However, many cities area already making that
decision independent of county consent. This bill would simply make current practice legal. In
answer to a question from the Committee, Rep. MEYER noted that the Association of cities did
not oppose this bill.
Members of the Committee asked if a city were located inside a “dry” county, would this bill
allow the city to serve liquor by the drink? Rep. MEYER replied he believed that would be so.
Certain Court decisions have declared that counties have no jurisdiction over cities. A member
of the Committee noted that the distinction between city and county can be somewhat blurred
when one is applying for liquor or beer and wine licenses. Members of the Committee noted
that this bill could have huge consequences, especially if a county had voted not to allow liquor
by the drink.
Other members commented that the issue of serving alcohol by the drink is extremely confusing
and this bill would provide much-needed clarification.
Mr. David Hand, representing the Idaho Lodging and Restaurant Association, spoke in support
of the bill. He said that it help to simplify the whole process.
Members of the Committee noted that liquor laws and how they apply to cities and counties is a
very confusing issue, and it appears to be a point of contention between cities and counties.
MOTION: Rep. SMITH moved that HB333 be sent to the floor with a DO PASS
recommendation.
SUBSTITUTE MOTION: Rep. LANGFORD moved that HB333 be HELD IN COMMITTEE.
The SUBSTITUTE MOTION (HOLD) failed on a voice vote.
The MOTION (DO PASS) passed on a voice vote. Rep. MEYER will sponsor the bill on the
floor. Reps. LANGFORD, CLARK, and ELLSWORTH wished to be recorded as voting NAY.
| RS13145 | Statement of insurance benefits provided at no cost |
Rep. BLACK spoke in support of this legislation. He said that when policies are changed from
one insurance company to another, data is sent to the new company. Some companies are
charging for this service, others do not. This bill would ensure that there is no charge for this
service. He asked that it be referred to the House Business Committee if it were printed.
MOTION: Rep. CAMPBELL moved that RS13145 be SENT TO PRINT and be
referred to the House Business Committee. Motion carried by voice vote.
The meeting adjourned at 9:33 a.m.
| DATE: | March 13, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Ellsworth, Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| GUESTS: | See attached sheet |
The Chairman called the meeting to order at 9:03 a.m. with a quorum present.
The minutes of the meeting of 3/12/03 were read.
MOTION: Rep. RING moved that the minutes of the meeting of 3/12/03 be approved
as written. Motion carried by voice vote.
| HB357 | Cigarettes, delivery sales, requirements |
Rep. ELLSWORTH spoke in support of the bill. She said that it addressed the serious problem
of internet sales of tobacco to minors. This closes a glaring loophole in Code. It is important
that it not be easy for minors to acquire tobacco products in this manner. Perhaps if it is difficult
to get these products, our teens will choose not to use them.
Mr. Skip Smyser spoke in support of the bill. He lauded the cooperative efforts of the Attorney
General’s office and the department of Health and Welfare to remedy this situation.
MOTION: Rep. LANGFORD moved that HB357 be sent to the floor with a DO PASS
recommendation. Motion carried by voice vote. Rep. ELLSWORTH and
Rep. EDMUNSON will will sponsor the bill on the floor.
| HB358 | Master Settlement Agreement, escrow |
Mr. Brett DeLange, representing the office of the Attorney General, spoke in support of the bill.
He said that it addresses an intended consequence of the original agreement. There is a
loophole which allows for early release of any funds deposited in escrow by non-participating
manufacturers. These early releases could amount to most of the amounts deposited in
escrow. This bill would close that loophole.
MOTION: Rep. MILLER moved that HB358 be sent to the floor with a DO PASS
recommendation. Motion carried by voice vote. Rep. ELLSWORTH will
sponsor the bill on the floor.
| SB1060aa | Notices/records, electronic transmission |
Rep. SCHAEFER spoke in support of the bill. He said that it is the result of 2 years’ study by
the Electronic Commerce Interim Committee. In cases where transmission of documents by
certified mail is required, this bill will allow the record be to transmitted electronically with the
consent of the recipient. It should result in cost savings because it will reduce paperwork. The
Senate amendment adds “express consent”.
The Committee noted that the fiscal impact should be modified. The last word should be
“quantified”, instead of “qualified”.
MOTION: Rep. SMYLIE moved that SB1060aa be sent to the floor with a DO PASS
recommendation, with the Statement of Purpose revised as outlined above.
Motion carried by voice vote. Rep. SCHAEFER will sponsor the bill on the
floor.
The meeting adjourned at 9:30 a.m.
| DATE: | March 17, 2003 |
| TIME: | 8:30 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Ellsworth, Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| GUESTS: | See attached sheet |
The Chairman called the meeting to order at 8:37 a.m. with a quorum present.
The minutes of the meeting of 3/13/03 were read.
MOTION: Rep. SKIPPEN moved that the minutes of the meeting of 3/13/03 be
approved as written. Motion carried by voice vote.
| RS13184 | Naturopathic medicine |
Mr. Larry Benton, representing Idaho Naturopathic Medicine Association, spoke in support of
this legislation. He said that it addressed the licensing of naturopathic physicians. He noted
that it could be confused with a prior bill introduced in the House Health and Welfare
Committee, but this bill only addresses the licensing of naturopathic physicians. These are
individuals who have completed an extensive course of training. He asked that it be referred to
the House Health and Welfare Committee if it were printed.
A member of the Committee asked if licensing these individuals would cause fees to rise. Mr.
Benton replied that this was not the intention of the bill. He believes that current rates will stay
the same.
MOTION: Rep. CAMPBELL moved that RS13184 be SENT TO PRINT, and be
referred to the House Health and Welfare Committee. Motion carried by
voice vote.
| HB363 | Emergency communication fee/use |
Mr. Michael Kane, representing the Sheriffs’ Association, spoke in support of the bill. He said
that it is the result of lengthy negotiations among all the involved parties. He noted that the $1
maximum fee has not been changed, but cell phones will now be assessed that fee. It differs
from previous proposed legislation because it includes an annual budgeting review process,
and it proposes a Task Force be formed to study governance and coverage issues. He
admitted there are several issues needing resolution and he hoped that the Task Force would
provide equitable solutions. He said that it does not provide for a re-vote by those counties
which had voted to assess fees on landlines because he believes the annual budget review
process would be a better approach. The important issue is that landlines and cellular phones
will be treated equally.
Mr. David Moore, chief of police for the city of Blackfoot, presented a letter from the mayor of his
city (a copy is attached). He noted that he had spoken with representatives from the
Associations of cities and counties. He was unable to speak for his City Council or his mayor
about their impressions of the Memorandum of Understanding.
Mr. Dave Overacre, a city councilman from the city of Kimberly, spoke in support of the bill.
However, he noted that the city of Kimberly has serious concerns about the billing system of the
regional 911 system in which the city participates. There was real concern that the city was
being double taxed by the regional authority since it received a separate bill each year for the
same service. He noted that this bill does not address this issue. It does not speak to the
problem of cities and counties included in a larger, regional system who do not have the
representation on the governing board to voice their concerns and differences of opinion.
Mr. Trip Craig, a member of the Twin Falls city council, spoke to the Committee about the
regional system serving 4 counties. He said that additional bills are indeed sent to the member
cities, but these are for expenses involved in software and hardware purchases, building
purchases, etc. He noted that the governing board of this system is made up of county
commissioners, a member from Twin Falls city, and a member from of Twin Falls county. He
noted that the 911 system statewide is not consistent–some areas are doubly covered, some
are not covered at all. He also noted that representation on the governing board is unequal.
His area finds it difficult to express discontent because they are not well represented on the
board.
Mr. Tony Poinelli, representing the Association of Counties, said that the Memorandum of
Understanding presented here goes a long way towards resolving many contentious issues.
The intent of the MOU is to bring all local units together so that they can express issues of local
concern.
Mr. Ron Williams, representing Sprint, spoke in opposition to the bill. He said that safety is a
primary concern. He believes that the bill should contain strong language regarding
accountability and use.
Mr. Roy Eiguren, representing Verizon, spoke in support of the bill. He said that there are
several factors which suggest that HB363 should be passed this session. He noted that cell
phone use has risen dramatically, but there are currently no fees assessed on these phones for
911 systems. There is a possibility of a lawsuit if the cellular providers assess a fee on their
phones without legislative direction. The enhanced 911 system is extremely important.
Regarding the accountability issue, he believes that the annual budget review provided for in
this bill will provide adequate local input and approval. He also noted that it is not unusual for
the Legislature to pass legislation, and then follow up in successive years with legislation to
refine it.
Mr. Kane reminded the Committee that the primary reason to go forward with improvements in
the 911 is public safety.
Members of the Committee expressed their support for the bill, saying that the Task Force MOU
will resolve many current problems. The fee now in place is unfair because landlines are the
only telecommunications which financially support 911 systems. Cell phones need to pay their
fair share. In addition, they noted that state-wide, landline numbers are declining, while cell
phones are proliferating. Any differences between cities and counties regarding expenses
outside the 911 system have always been there because dispatch systems were in place before
911 systems. There should be no confusion about these fees. Whether a city or county
chooses to opt in or opt out of a system is up to that city or county. The fact that Idaho is
becoming more and more dependent on tourism is an important issue also. People visiting our
state expect to be found when they have an emergency.
A member of the Committee proposed an amendment (a copy is attached) because it appears
that not enough local input has been seen. He suggested a year’s trial period to see how things
work. Other members noted that we need an enhanced 911 system now.
MOTION: Rep. LANGHORST moved to send HB363 to the floor with a DO PASS
recommendation.
SUBSTITUTE MOTION: Rep. SMYLIE moved to send HB363 to GENERAL ORDERS WITH
AMENDMENTS ATTACHED (a copy is attached),
Members of the Committee noted that procedures seem to be backwards. First, we pass a fee
bill, then we pass follow up legislation. We still do not know how we will cover those areas of
the state without a 911 system. The fact that the voters will be charged an additional fee
without the option to vote on it is troublesome. In changing the definition of what was voted on,
this bill institutes an entire new fee without voter approval. This is a serious issue.
Other members agreed with that part of the bill, but said that it is imperative to institute 911
systems now. Safety must always be the issue.
The SUBSTITUTE MOTION (general orders with amendment) failed on a roll call vote. Voting
AYE were Reps. ELLSWORTH and SMYLIE. Voting NAY were Reps. CAMPBELL,
STEVENSON, LANGFORD, BLACK, CLARK, EDMUNSON, MILLER, RING, SHIRLEY,
SKIPPEN, SNODGRASS, WILLS, JAQUET, SHEPHERD, SMITH, LANGHORST and DEAL.
The MOTION (do pass) passed on a roll call vote. Voting AYE were Reps. CAMPBELL,
STEVENSON, SMYLIE, LANGFORD, BLACK, EDMUNSON, MILLER, RING, SHIRLEY,
SKIPPEN, SNODGRASS, WILLS, JAQUET, SHEPHERD, SMITH, LANGHORST and DEAL.
Voting NAY were Reps. ELLSWORTH and CLARK..
The meeting adjourned at 10:00 a.m.
| DATE: | March 19, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| ABSENT/
EXCUSED: |
Ellsworth |
| GUESTS: | See attached sheet |
The Chairman called the meeting to order at 9:04 a.m. with a quorum present.
The minutes of the meeting of 3/17/03 were read.
MOTION: Rep. WILLS moved that the minutes of the meeting of 3/17/03 be approved
as written. Motion carried by voice vote.
| SCR109 | Administrative rules/fees |
| SCR110 | Administrative rules/temporary |
The Chairman announced that the sponsor of these bills asked that they be held until the
coming week.
| HB374 | Parimutuel wagering |
Rep. MILLER spoke in support of the bill. She said that it addresses the practice of placing
wagers by telephone on horse races. This practice has been deemed legal by federal
regulations, but is not recognized by Idaho. Consequently, such wagers are placed legally, but
the state does not capture any funds derived from them. The intent of this bill is to authorize
wagering in this manner, and to levy the appropriate taxes and fees on these transactions.
There are significant sums involved and without this authorization Idaho loses the ability to
access the fees to which the state is entitled.
Mr. Stan Boyd, representing Les Bois Park, spoke in support of the bill. He presented a handout
(a copy is attached) which specifies how racing funds are distributed. He noted that the
percentages used in distribution were determined by the needs of the tracks (maintenance,
construction, etc), and the individual horseman involved. He estimates that advance deposit
wagering (the type of wagering addressed by this bill) may generate $2-5 million a year, and
right now Idaho has no access to any of those funds. He reiterated that this type of wagering is
already being done in the state; this is nothing new. Whether a person chooses this type of
wager or another is a matter of personal preference. This bill simply allows the state to access
its fair share. A Committee member asked him if a bettor could use a credit card to place this
kind of bet. Mr. Boyd replied yes. Another member of the Committee asked Mr. Boyd if there
were a system of accountability in the process. Mr. Boyd read from Code that the Racing
Commission was charged with licensing, regulation, supervision, and inspection duties. The
Committee member commented that the ability to use a credit card would aggravate the
problem of persons addicted to gambling. Mr. Boyd said that there are many programs
available to help these people. This system of wagering is already being done in the state; this
does not institute anything new.
Mr. Ed McNellis, representing the Idaho Horse Council, spoke in support of the bill. He believes
it is a win/win situation. The state captures funds from these wagers and the individual horse
owner receives the benefit of funds distributed back to his organizations. He reminded the
Committee that the racing industry is enormous – approximately a $1.2 billion industry. Idaho is
home to many horse owners and breeders. The individual organizations involved in the racing
industry have agreed to this legislation. He said that live racing numbers are declining while
simulcast racing is increasing. This is a nationwide trend.
Mr. Earl Lilley spoke in support of the bill. He said that he has been involved in racing for many
years and believes that funds distributed by the Racing Commission have been very beneficial.
Mr. Clayton Russell, representing Idaho Quarter Horse Association, spoke in support of the bill.
He said that many county fairs and small tracks need the funds distributed by the Racing
Commission to survive. Local economies depend on the success of racing.
Mr. Michael Lineberry, Chairman of the Idaho State Racing Commission, spoke in support of the
bill. He also emphasized that people are already betting in this manner. With passage of this
bill, at least Idaho will receive a portion of those funds. He said that small racetracks contribute
to the health of the overall economy of the state. He reiterated that the Racing Commission has
auditing authority over the racing industry in the state. He noted that the Racing Commission
oversees live and simulcast horse racing, and simulcast dog racing.
In answer to a question from the Committee, he said that the Commission regulates wagering,
but not the licensees. He said that he had no conflict with regulating licensees, but the costs of
doing so could be substantial. The funds to pay for these costs would have to be taken from
other beneficiaries, such as the schools, breed associations, track operators, etc.
He pledged to do the best he could to ensure that all records are accurate, and to provide
security measures so that wagering is limited to adults only.
Mr. Oscar Steinle, representing the Idaho Horse Racing Commission, spoke in support of the
bill. He reminded the Committee that technological advancements such as advance deposit
wagering and gambling on the internet are very recent arrivals and could not have been
foreseen. This bill will allow the state to anticipate future changes in the wagering industry.
Mr. Jack Baker, Executive Director of the Idaho Racing Association, spoke in support of the bill.
He said that any information provided to the businesses currently engaged in this practice would
be available to Idaho, once the practice is authorized.
MOTION: Rep. CLARK moved to send HB374 to the floor with a DO PASS
recommendation.
A member of the Committee noted that licensees are not under the auditing function of the
Racing Commission.
SUBSTITUTE MOTION: Rep. SMYLIE moved to send HB374 to GENERAL ORDERS WITH
AMENDMENTS ATTACHED. The amendment (a copy is attached)
would add language to provide statutory auditing power by the
Idaho Racing Commission over licensees.
Members of the Committee noted that the proposed amendment is very broad and could have
many unforeseen consequences. To adopt this amendment as part of the bill would be a hasty
decision. The costs involved could be huge. It needs much more study. Members commented
that the Racing Commission already has fairly broad auditing powers, and since they are under
Law Enforcement, this would provide legitimacy. However, others commented that the Law
Enforcement cover is not taken seriously. It is important to support our racing industry.
Other members noted that regulating the licensees is not a new issue. It is important that we
assure ourselves that the owners operate their businesses in a legitimate manner. There is
nothing wrong with auditing a business. We need to shine the light of day into their operations.
The SUBSTITUTE MOTION (send to GENERAL ORDERS) failed on a voice vote.
The MOTION (DO PASS) passed on a voice vote. Reps. SMYLIE and SHIRLEY wished to be
recorded as voting NAY.
| RS12627 | Gives states the right to self determination |
Rep. LANGFORD spoke in support of this legislation. She explained that it gives the individual
states the right to choose the manner in which their Legislatures are apportioned. It does not
mandate any particular system; it allows the states to keep the systems they already have.
There is nothing in the U.S. Constitution which spells out what type of apportionment each state
will have. This is not a small county versus large county issue.
MOTION: Rep. SKIPPEN moved that RS12627 be SENT TO PRINT. Motion carried
by voice vote. Voting AYE were 10; voting NAY were 7.
The meeting adjourned at 10:37 a.m.
| DATE: | March 20, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Ellsworth, Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| GUESTS: | See attached sheets. |
The Chairman called the meeting to order at 8:33 a.m. with a quorum present.
The minutes of the meeting of 3/19/03 were read.
MOTION: Rep. LANGFORD moved that the minutes of the meeting of 3/19/03 be
approved as written. Motion carried by voice vote.
RS13203 Declaration as independent candidate
Mr. Ben Ysursa, Secretary of State spoke in support of this legislation. He said that it corrects
an oversight in previous legislation. This provides that any requirements that apply to
candidates from political parties will also apply to independent candidates. In answer to a
question from the Committee, Mr. Ysursa said that independent candidates do not run in
primary elections because these elections are held for political parties to select their candidates.
By their own definitions, independent candidates are not affiliated with any political parties.
MOTION: Rep. CAMPBELL moved that RS13203 be SENT TO PRINT and be sent
directly to the 2nd Reading Calendar. Motion carried by voice vote. Rep.
MILLER will sponsor the bill on the floor.
| HB356 | Buildings, publicly-owned, no smoking |
Rep. LANGFORD spoke in support of the bill. She said that it would prohibit smoking in public
buildings, including restaurants. There are exemptions to this provision included in the bill.
Rep. RING also spoke in support of the bill. He said that as a health professional, he is very
concerned about the effects of second hand smoke.
Mr. Walt Sinclair, a past chairman of the American Heart Association, spoke in support of the
bill. He said that this bill is about promoting health among Idaho’s citizens. Its aim is not to
prohibit smoking or to dissuade people from smoking. It addresses the effects of second hand
smoke and defines where smoking is prohibited and where it is permitted.
Mr. Dave Hand, representing the Idaho Lodging and Restaurant Association, spoke in
opposition to the bill. He said that a survey of the Board of Directors of his organization
revealed mixed results. However, many people expressed concern that the definition of
“restaurant” is not clear. The enforcement and penalties are unclear. He said that there were
strong reservations that implementation of this bill could cause new businesses to expend too
much capital to comply. It might force these businesses to close. He said that the effects of
second hand smoke are well known, but sensible guidelines would make it easier for Idaho
businesses to limit exposure to tobacco products.
Ms. Chris Thomas spoke in support of the bill. She said that she was very familiar with the
hospitality business. She noted that restaurants already find it difficult to comply with other
requirements governing air flow in their establishments. When a restaurant and bar occupy the
same space, air emanating from an area where smoking is permitted drifts to other parts of the
room where smoking is prohibited. It is extremely difficult, even with the most effective system
to control this air flow. She said that it costs a business to allow smoking because of the
additional ventilation system they should install. Employees’ health is a serious issue also.
Being a smoke-free establishment is a bargain. It is good for business, good for the customer
and good for the employees.
Ms. Karlean Allen spoke in opposition to the bill. She said that bars often serve food. They
frequently serve as a social gathering place for the community. It would be a disservice to
prohibit smoking in them because it would discourage people from coming to them.
Mr. Kevin Settles, a business owner, spoke in opposition to the bill. He said that the definition
of a restaurant and a bar can be blurred, especially when both occupy the same large space.
He noted that providing a smoking area is a business decision, based on the fact that many
people still smoke and wish to enjoy a good meal or an alcoholic beverage. He believes that
prohibiting smoking in his establishment would be disastrous for his business. He said that in
his establishment, he had installed the best ventilation possible so that smoke from tobacco
products could be vented quickly. He had made no special provisions for his employees, but he
believed that he had done the best he could to control the smoke. He repeated that he does not
believe it is the state’s job to dictate how his business should be run.
Ms. Claire Trerise spoke in support of the bill. She suffers from asthma and said that she is
particularly sensitive to smoke from tobacco products. Because of this sensitivity, she is
extremely limited in her choices of restaurants, bars, etc. She believes that smokers endanger
their lives and her own.
Dr. Doug Damrose, a physician with Blue Cross of Idaho, spoke in support of the bill. He said
that there is no question about the devastating effects of tobacco smoke on the population. He
said that the health care costs of tobacco smoke are tremendous. The public is at risk
whenever and wherever tobacco smoke is prevalent.
Ms. Victoria Paulson, representing the Idaho Medical Association, spoke in support of the bill.
She noted that previous legislation had provided for a healthier environment for Idaho citizens.
This bill would simply follow up on that lead.
Ms. Mary McConnell, representing the American Heart Association, spoke in support of the bill.
She emphasized the risks posed to employees by tobacco smoke. It is important to provide a
healthier future for Idaho workers, their families, and their children.
Mr. Pete Skamser, representing the National Federation of Independent Business, spoke in
opposition to the bill. He said that his organization is a fact-gathering body and it had received
information from its members that this bill is of an overreaching regulatory nature. It is over-restrictive and intrusive. It will mandate local enforcement without providing the finances to do
so.
Ms. Pam Eaton, representing the Idaho Retailers’ Association, spoke in opposition to the bill.
She also believes that it is overreaching and regulatory in nature. It affects businesses which
provide a room inside the business for smokers. It will also affect tobacco retailers.
Ms. Lidia Rocha spoke in support of the bill. She said she had worked as a waitress in a
restaurant/bar. She said that smoking areas are not lucrative for a business because there are
so few people who want to sit in that area. When her establishment prohibited smoking
altogether, she believes that business actually improved.
Ms. Wendy Long, spoke in support of the bill. She manages a non-smoking restaurant
business. She also believes that a non-smoking policy is beneficial for business. She believes
that the manner in which a customer is treated affects his decision to return, not whether the
business allows smoking or not. She believes that a non-smoking environment is much
healthier for the employees and customers. In answer to a question from the Committee, she
noted that her employer had chosen to prohibit smoking; it was not required to do so.
Mr. Brad Hoagland, representing the Coalition for a Healthy Idaho, spoke in support of the bill.
He reiterated that this is a health issue. He noted that the hospitality business, which will be
affected the most by this bill, is generally a youthful industry. If we can ensure the health of the
young people who work in these businesses, we will save the state a great deal in health costs.
Rep. LANGFORD noted that enforcement and penalties of these provisions would be under the
Clean Air Act provisions. She believes that the fiscal impact to the general fund could very well
be positive since health care costs would be dramatically reduced. She believes it is simply a
matter of common courtesy not to allow the carcinogens from tobacco products to circulate in
the air breathed by the patrons in a public place. It will benefit the employees of these
businesses.
Rep. RING said that the bill does not prohibit smoking; it simply regulates where smoking is
allowed. It is important to safeguard the health of the majority of the population.
Members of the Committee noted that prohibiting smoking in restaurants would be very
beneficial for employees and customers. Second hand smoke is a serious health issue.
Other members said that government interference in our lives – business and personal – is not a
concept most Idaho citizens like. Limited government is part of the foundation of our way of life.
Entering an establishment that permits smoking is a personal choice. Private businesses have
the right to also choose to allow smoking. If a non-smoking environment is desired by the
majority of people in Idaho, businesses will find it more lucrative to do so. It is important to
allow free enterprise to solve the situation. Another member noted that any local control
provisions in the bill only allow for more restrictive provisions, not less restrictive.
Another member noted that there are already many restrictions placed on Idaho businesses. It
is not fair that the right of smokers to indulge their habit should supercede the right of non-smokers not to breathe the smoke. We need to concern ourselves with the employees of
smoking enterprises. The health risks are tremendous, and these people may not have the
option of finding employment elsewhere.
MOTION: Rep. RING moved that HB356 be sent to the floor with a DO PASS
recommendation.
SUBSTITUTE MOTION: Rep. EDMUNSON moved that HB356 be HELD IN COMMITTEE.
The SUBSTITUTE MOTION (HOLD) passed on a roll call vote. Voting AYE were Reps.
CAMPBELL, ELLSWORTH, SMYLIE, BLACK, CLARK, EDMUNSON, MILLER, SKIPPEN,
SHEPHERD, SMITH, and DEAL. Voting NAY were Reps. STEVENSON, LANGFORD, RING,
SHIRLEY, SNODGRASS, WILLS, JAQUET, and LANGHORST.
The meeting adjourned at 10:07 a.m.
| DATE: | March 21, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Representatives Stevenson, Ellsworth, Smylie, Langford, Black, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| ABSENT/
EXCUSED: |
Campbell, Clark |
| GUESTS: | See attached sheet |
The Chairman called the meeting to order at 9:04 a.m. with a quorum present.
The minutes of the meeting of 3/20/03 were read.
MOTION: Rep. WILLS moved that the minutes of the meeting of 3/20/03 be
approved as written. Motion carried by voice vote.
| SB1050 | Death benefit/public service officer |
Mr. Michael Kane spoke in support of the bill. He said that it was written to address the
compensation paid to families of public service officers who are killed in the line of duty. These
benefits are paid only to spouses and children because of tax benefits granted to them. In
previous years, this benefit had been funded through the general fund. However, moving it into
the PERSI system seemed to be a better idea. Consequently, employers (including the state of
Idaho) would pay a small percentage based on wages into the PERSI system to be earmarked
for death benefit payments. There were other options discussed for funding these benefits, but
all of them appeared to be too costly. The PERSI system provides an organization already set
up to receive and disburse these funds. He emphasized that these benefits are paid only to
paid employees and do not cover volunteers. He hopes that volunteers can be covered in
future legislation. There are currently 5 counties which do not participate in the PERSI system,
and this bill allows them to continue funding death benefits through the general fund until 2008.
This should give these counties times to either join PERSI or to find another method of funding
the benefits. He said that these counties were given this period so that the death benefits
already in their system would not be interrupted while they considered what to do.
Mr. Allen Winkle, executive director of PERSI, said that the death benefit is funded by the
employer; there is no employee match.
Mr. Karl Malott, representing Professional Firefighters of Idaho, spoke in support of the bill. He
noted that Emergency Medical personnel will be covered as long as they are paid employees.
He also hopes that future legislation will cover volunteers.
A member of the Committee noted several typographical errors in the Statement of Purpose.
MOTION: Rep. JAQUET moved to send SB1050 to the floor with a DO PASS
recommendation, with a corrected Statement of Purpose as noted above.
Motion carried by voice vote. Rep. STEVENSON will sponsor the bill on
the floor.
| RS13165 | Statistics relating to sterilization |
Rep. HENBEST spoke in support of this legislation. She said that it deals with reporting
statistics on sterilizations of mentally retarded people. She said that this requirement is not
new; the Court compiles statistics on other issues. The compilation of these statistics could
provide a clearer picture of what is happening in the judicial system regarding these cases. It
could provide a warning that the system is being overused.
A member of the Committee suggested that the Statement of Purpose be changed so that
“HB213” be deleted, and “law” be inserted. Rep. HENBEST agreed.
MOTION: Rep. SKIPPEN moved that RS13165 be SENT TO PRINT, with a revised
Statement of Purpose. Motion carried by voice vote.
| RS13181 | Revises licensure of bingo/raffles |
Mr. Roger Simmons, representing the Lottery Commission, spoke in support of this legislation.
He said that it intends to clear up any confusion in the language in Code.
Mr. Clinton Minor, representing the Attorney General, said that this legislation establishes a
threshold for a charitable organization to acquire a license to hold bingo or raffles. The
language in the Code is somewhat ambiguous and unclear. This clarifies the requirements for
licensure. In the case of raffles, he said that his office is more interested in the proceeds from
the raffle, not the dollar amount of items donated. The intent of the bill is to ensure that funds
from large scale operations are accurately reported.
Ms. Amber French, an investigating officer with the Lottery Commission, said that it is current
practice to notify any raffles of the requirement for a license. If the organization holding the
raffle persists in not licensing, then her office can assess a civil penalty. She is more concerned
with the operations of large bingo and raffle operations since these would generate much more
income. She admitted that raffles present a unique problem because the proceeds from them
are unknown until after they have been held. Maintaining a threshold of $1000 in donated
merchandise would be simpler to understand.
A member of the Committee noted that the Lottery Commission is attempting to focus more on
large charitable organizations holding bingos and raffles. To lower the threshold to $1000 in
donated merchandise for raffles would defeat that purpose.
MOTION: Rep. WILLS moved that RS13181 be SENT TO PRINT. Motion carried by
voice vote.
| RS13182 | Withdrawal of funds from bingo accounts |
Mr. Clinton Minor, representing the Attorney General, said that this legislation addresses
checking accounts set up for bingo operations. These accounts are required so that expenses
of the operation can be easily tracked. Any checks on these accounts made out to “cash” would
make that impossible. This legislation would not allow this practice. Each check must be made
out to a person.
A Committee member noted a typographical error in the Statement of Purpose, changing
“insure” to “ensure”.
MOTION: Rep. BLACK moved that RS13182 be SENT TO PRINT, with a revised
Statement of Purpose as noted above. Motion carried by voice vote.
The meeting adjourned at 10:00 a.m.
| DATE: | March 25, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Smylie, Langford, Black, Clark, Edmunson, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| ABSENT/
EXCUSED: |
Ellsworth, Miller |
| GUESTS: | See attached sheet |
The Chairman called the meeting to order at 9:04 a.m. with a quorum present.
The minutes of the meeting of 3/21/03 were read.
MOTION: Rep. RING moved that the excellent minutes of the meeting of 3/21/03 be
approved as written. Motion carried by voice vote.
| RS13207 | Timely access to health care for veterans |
Rep. DOUGLAS spoke in support of this legislation. She said that her research has shown that
veterans health care facilities are unable to care in a timely manner for veterans who need
them. In many cases, the waiting period for just an appointment can be as long as 2-3 years.
That means that veterans who desperately need to see a health professional in the veterans
health care system must wait for badly needed prescriptions or treatment. She believes we
made a promise to these people that we would care for them and we have broken our promises.
This Joint Memorial will urge our Congressional delegation to appropriate funding necessary to
care for these people. She pointed out that any active duty personnel returning from the current
conflict will be entitled to access this system, and their numbers will further aggravate the
problem.
Rep. ESKRIDGE echoed the previous presentation and said that this legislation will urge our
delegation to reverse the current downward trend in veterans’ care so that we can resume the
standard of care our veterans expect.
Many members of the Committee agreed with the principle behind this Joint Memorial, but
believed it doesn’t go far enough. There are many tragic stories of veterans who needed care
immediately, but were unable to get it because the system cannot process them fast enough. A
member of the Committee noted that anyone making beyond a specified income is ineligible to
access the system.
Rep. DOUGLAS reported that the threshold for income eligibility is $24,000 per year, not a
particularly large income to be excluded from the system. She reiterated that the veterans
health care system needs funding to resolve all these problems. In answer to a question, she
said that the Salt Lake City Veterans Facility has a waiting period of 6-18 months.
A member of the Committee asked which veterans organizations had supported this legislation.
Rep. ESKRIDGE said that the Division of Veterans Services supported it.
MOTION: Rep. SHEPHERD moved that RS13207 be SENT TO PRINT, and be
referred directly to the 2nd Reading Calendar.
Members of the Committee commented that they had heard from the veterans on this issue,
and it should be heard by the full House as soon as possible. The numbers being reported are
appalling, and the situation should be remedied with all possible speed.
Other members believed that all the veterans organizations had not been heard. It is also
important to examine what steps have been taken to remedy the situation by our Congressional
delegation and by local authorities.
SUBSTITUTE MOTION: Rep. CAMPBELL moved that RS13207 be SENT TO PRINT.
The SUBSTITUTE MOTION (Print) failed on a roll call vote. Voting AYE were Reps.
CAMPBELL, SMYLIE, CLARK, and WILLS. Voting NAY were Reps. STEVENSON,
LANGFORD, BLACK, RING, SHIRLEY, SKIPPEN, SNODGRASS, JAQUET, SHEPHERD,
SMITH, LANGHORST and DEAL.
The MOTION (Print and send to 2nd Reading Calendar) passed on a voice vote. Rep.
DOUGLASS, ESKRIDGE, and SAYLER will sponsor the bill on the floor.
| HJM07 | State redistricting, by county |
Rep. LANGFORD spoke in support of the bill. She said that the Warren Court decision had
declared the method for determining representation within a state, using the “one man, one
vote” argument. That provision is not in the U.S. Constitution. Idaho has just finished a lengthy
and costly reapportionment process which was dictated by the Courts, not Idaho citizens. This
Joint Memorial states that the states can choose whatever method they wish to determine
reapportionment. It does not mandate that the current system be changed; it simply allows the
states to change if they choose to.
Mr. Greg Nelson, representing the Farm Bureau Federation of Idaho, spoke in support of the
bill. He said that each of Idaho’s counties should have representation, much like smaller states
like Idaho have in the U.S. Congress. He said that he has no formula for redistricting based on
counties at this point.
MOTION: Rep. LANGFORD moved to send HJM07 to the floor with a DO PASS
recommendation.
Members of the Committee noted that a change in reapportioning will diminish the needs of our
urban population. It would not be fair to dilute the voting power of urban voters.
SUBSTITUTE MOTION: Rep. SMYLIE moved that HJM07 be HELD IN COMMITTEE.
Other members noted that the latest reapportioning had decimated some counties. New
districts had been created which were neither fair nor logical. There are ways to ensure that
both rural and urban areas have a voice in state politics. Even in the U.S. Congress, small
states have representation; they are not lumped together with other small states.
The SUBSTITUTE MOTION (HOLD) passed on a roll call vote. Voting AYE were Reps.
SMYLIE, BLACK, RING, SNODGRASS, JAQUET, SHEPHERD, SMITH, LANGHORST and
DEAL. Voting NAY were Reps. CAMPBELL, STEVENSON, LANGFORD, EDMUNSON,
SHIRLEY, SKIPPEN, and WILLS.
The meeting adjourned at 9:50 a.m.
| DATE: | March 26, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Wills, Jaquet, Shepherd, Smith(30), |
| ABSENT/
EXCUSED: |
Ellsworth, Snodgrass, Langhorst |
The Chairman called the meeting to order at 9:02 a.m. with a quorum present.
The minutes of the meeting of 3/25/03 were read.
MOTION: Rep. SKIPPEN moved that the minutes of the meeting of 3/25/03 be
approved as written. Motion carried by voice vote.
| SCR109 | Administrative rules |
Carl Bianchi, Director of Legislative Services, spoke in support of the bill. He said that it is an
omnibus bill approving all of the fee rules proposed during the session, with the exceptions
noted in the bill. He was unsure of the total amount of all of the fees being proposed.
MOTION: Rep. CLARK moved that SCR109 be sent to the floor with a DO PASS
recommendation. Motion carried by voice vote. Rep. CLARK will sponsor
the bill on the floor.
| SCR110 | Administrative rules |
Carl Bianchi, Director of Legislative Services, spoke in support of the bill. He said that it is an
omnibus bill approving all of the temporary rules proposed during the session, with the
exception noted in the bill.
MOTION: Rep. CLARK moved that SCR110 be sent to the floor with a DO PASS
recommendation. Motion carried by voice vote. Rep. MILLER will sponsor
the bill on the floor.
| HB386 | Bingo/raffles |
Mr. Clinton Minor, representing the Attorney General’s office, spoke in support of the bill. He
said that it concerns the requirements for licensure of bingo and raffles. He proposed an
amendment (a copy is attached) which states that an aggregate value of merchandise in excess
of $1000 will require a license. This should provide a clearer understanding of the
requirements.
MOTION: Rep. WILLS moved to send HB386 to GENERAL ORDERS WITH
AMENDMENTS ATTACHED. Seconded by Rep. SMITH. Motion carried
by voice vote. Rep. WILLS will sponsor the bill on the floor.
| HB387 | Bingo/raffles |
Mr. Clinton Minor, representing the Attorney General’s office, spoke in support of the bill. He
said that it would require that all checks written on the bingo or raffle account must be made out
to a person or entity. This would provide a trail to track expenses and other expenditures. It
would not allow a check to be made out to “cash”.
MOTION: Rep. WILLS moved to send HB387 to the floor with a DO PASS
recommendation. Motion carried by voice vote. Rep. WILLS will sponsor
the bill on the floor.
| HB388 | State lottery purchases, competitive bidding |
The Chairman announced that this bill will be heard on March 27.
HJM09 U.S., U.N. dissolve membership
The Chairman announced that this bill was inadvertently sent to our Committee and the
Chairman of the Transportation and Defense Committee requested that it be referred there.
MOTION: Rep. CLARK moved that HJM09 be referred to the House Transportation
and Defense Committee. Motion carried by voice vote.
The meeting adjourned at 9:15 a.m.
The Chairman called the meeting to order at 9:03 a.m. with a quorum present.
The minutes of the meeting of 3/26/03 were read.
MOTION: Rep. RING moved that the minutes of the meeting of 3/26/03 be approved
as written. Motion carried by voice vote.
| HB385 | Sterilization/judicial proceeding |
Rep. LANGHORST spoke in support of the bill. He explained that it shadows another piece of
legislation that institutes procedures for sterilization of the developmentally disabled. This bill
would institute a procedure within the judicial system to track these requests so that the
program can be more effectively evaluated.
Ms. Patty Tobias, administrator of the courts, said that she believes that this reporting
requirement could be accomplished relatively inexpensively and without causing major
disruption.
MOTION: Rep. CLARK moved to send HB385 to the floor with a DO PASS
recommendation. Motion carried by voice vote. Reps. HENBEST and
LANGHORST will co-will sponsor the bill on the floor.
| HB388 | Lottery purchases, competitive bidding process |
Rep. ELLSWORTH spoke in support of the bill. She explained that it simply requires that any
purchases by the Lottery Commission be subject to the requirements of the competitive bidding
process. It adds provisions so that bids to be considered will be from responsible suppliers.
This will address the additional concerns that the Commission must consider, i.e. security, etc.
She explained that this will mean that the lowest bid might not receive the contract if they are
not qualified to provide the service. It was written so that contracts cannot be extended
indefinitely without the need to resubmit bids. Cities already have this requirement; it makes
sense to include the Lottery Commission in these requirements.
In answer to a question from the Committee Mr. Jason Lehosit, representing Capital West, said
that over a period of 15-years, there had been contracts that were let to the same company
because they were the successful bidder.
MOTION: Rep. CAMPBELL moved to send HB388 to the floor with a DO PASS
recommendation.
A member of the Committee noted that there appeared to be contradictory language in the bill.
Mandatory and permissive language is used at various times in the bill. Rep. ELLSWORTH
said that “shall” indicates that true competitive bidding should be let, but “may” indicates that it is
not mandatory to enter into a contract. It was noted that the rules procedure should address the
bidding process and there is no need to change Code when procedures are already in place.
SUBSTITUTE MOTION: Rep. CLARK moved that HB388 be HELD in Committee.
Another member said that it appears the competitive bidding process in the Lottery Commission
is inconsistent, and this bill will provide much-needed consistency. Rep. ELLSWORTH said
that the Attorney General and the Director of the Lottery Commission are in support of the bill.
The SUBSTITUTE MOTION (HOLD) failed with 7 AYE votes and 12 NAY votes.
The MOTION (DO PASS) passed on a voice vote. Rep. ELLSWORTH will sponsor the bill on
the floor.
| SB1167 | State buildings, comply bldg codes |
Mr. Larry Osgood, administrator of the Division of Public Works, spoke in support of the bill. It
states that the State Division of Building Safety has the building code enforcement responsibility
for all building facilities owned by the Idaho State Building Authority. He explained that it is the
result of serious negotiations among the cities and counties and all other entities involved. It
resolves the problem of requiring two separate plan checks, which can be quite expensive. This
provides for only one check. He clarified that the provisions of this bill do not apply to school
buildings.
MOTION: Rep. CLARK moved to send SB1167 to the floor with a DO PASS
recommendation. Motion carried by voice vote. Rep. EDMUNSON will
sponsor the bill on the floor.
The meeting adjourned at 9:37 a.m.
The Chairman called the meeting to order at 8:34 a.m. with a quorum present.
Presentation: Facilities bonding
Mr. Chuck Winder spoke to the Committee about proposed legislation regarding this issue. He
presented the facts and figures involved in this issue. (A copy is attached). He also noted that
the sites for these projects are already owned by the state.
There were questions from the Committee about where these jobs would come from. Mr.
Winder said that the majority of the construction jobs would probably be Idaho citizens, even if
the bids were let to out of state companies. He noted that any company deriving income from
Idaho contracts would pay Idaho taxes.
There were questions regarding the project at the Eastern Idaho Technical College. It appears
that the location for that project has not yet been determined. Mr. Keith Asquith of the State
Board of Education said that the Board of Education would determine that location. A member
of the Committee noted that this project might be a duplication of services. Another member
noted that this project was not listed on the original list of projects previously approved. Rep.
GAGNER said that the design for the project had been approved. Mr. Winder said that this
project was selected to proceed because of the dire shortage of qualified health professionals,
especially nurses.
Another member questioned if the buildings proposed for college campuses would cause
students’ fees or tuitions to rise. A representative from Idaho State University said that the
project proposed for ISU would be partially funded by housing fees which are already being
paid.
A question was asked about the total number of jobs noted in the proposal. Mr. Allen Porter of
the Department of Commerce said that the larger number was derived according to an
economic multiplier formula.
A member of the Committee commented that maintenance was being ignored in favor of new
building. He asked that state officials consider including maintenance in any future bonding
proposals.
The meeting adjourned at 9:30 a.m.
| DATE: | March 31, 2003 |
| TIME: | 8:30 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives, Ellsworth, Smylie, Langford, Clark, Edmunson, Miller, Shirley, Skippen, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| ABSENT/
EXCUSED: |
Stevenson, Black, Ring, Snodgrass |
The Chairman called the meeting to order at 8:33 a.m. with a quorum present.
The minutes of the meeting of 3/27/03 were read.
MOTION: Rep. SMYLIE moved that the minutes of the meeting of 3/27/03 be
approved as written. Motion carried by voice vote.
| RS13246 | Resolution authorizing facilities bonding |
Mr. Wayne Meuleman spoke in support of this legislation. He explained that a concurrent
resolution is necessary in order to authorize the State Building Authority to enter into bonding
agreements. All 8 projects are included in this authorization. All the entities involved in this
bonding are authorized to do so.
Members of the Committee noted the small enrollment of Eastern Idaho Technical College, and
suggested that perhaps the project would be better suited to serve a larger campus population.
Mr. Meuleman said that the project for EITC is authorized under this legislation, but the location
has yet to be determined.
Mr. Gary Stivers, representing the State Board of Education, said that the Board has considered
that there might be the possibility for shared facilities with Idaho State Univerisity, University of
Idaho, and Eastern Idaho. The Board is still in the process of analyzing where the best location
for this project would be. It was suggested that minutes of the January meeting of the Board be
provided to the Committee. Mr. Stivers said that he would do so.
MOTION: Rep. CAMPBELL moved that RS13246 be SENT TO PRINT. Motion
carried by voice vote.
| RS13245 | Includes community colleges in facilities bonding |
Rep. MEYER spoke in support of this legislation. He said that it includes community college
districts in legislation authorizing bonding for facilities.
MOTION: Rep. CAMPBELL moved that RS13245 be SENT TO PRINT. Motion
carried by voice vote.
| RS13244 | Facilities bonding |
Rep. GAGNER spoke in support of this legislation. He said that this legislation was drafted so
that bonding proposals such as the previous two RS’s would not occur with regularity. It
recognizes that these proposals are a one time effort. It states that the State will not authorize
future bonding proposals.
MOTION: Rep. CLARK moved that RS13244 be SENT TO PRINT. MOTION
CARRIED BY VOICE VOTE.
The meeting adjourned at 8:46 a.m.
The Chairman called the meeting to order at 9:02 a.m. with a quorum present.
The minutes of the meeting of 3/28/03 were read.
MOTION: Rep. MILLER moved that the minutes of the meeting of 3/28/03 be
approved as written. Motion carried by voice vote.
The minutes of the meeting of 3/31/03 were read.
MOTION: Rep. BLACK moved that the minutes of the meeting of 3/28/03 be
approved as written. Motion carried by voice vote.
HB392 Tracking of bingo sales
Mr. Clinton Minor, representing the Attorney General’s office spoke in support of the bill.
He said that it was written so that the activities of a bingo operation could easily be tracked. It
prohibits the use of non-licensed paper, and provides for an accurate accounting of these
activities.
MOTION: Rep. CAMPBELL moved that HB392 be sent TO THE FLOOR WITH A DO
PASS RECOMMENDATION. Motion carried by voice vote. Rep. WILLS
will sponsor the bill on the floor.
SB1171 Port districts
Sen. STEGNER spoke in support of the bill. He said that it addresses port districts in the state.
Currently, there is only one official port district in the state – the port of Lewiston. By definition, a
port district is located within a county and is near to a navigable waterway. He noted that a port
district as it is currently defined is a taxing district. It is treated in much the same manner as a
municipality. If the citizens in the county where a port district is located choose to
disincorporate, SB1171 provides the guidelines to do so. He added that since the port district is
a taxing entity, citizens within it might choose to dissolve it. Because it mirrors a municipality,
the language in SB1171 closely follows that dealing with municipalities in Code. However, he
noted that there is specific language dealing with the indebtedness of the port district and how
to handle that if the port district is dissolved. The citizens within the county are entitled to vote
to dissolve; the numbers required to pass such an action are already in Code.
The Committee had several questions regarding any assets held by the port in the event of a
disincorporation. Sen. STEGNER said that there were several options. The adjoining city could
receive these assets; the county could also do so. The likelihood that the county would assume
control is greater since the port district, by definition, is contained within the county. The
citizens of the county would not receive any funds from this dissolution. He said that this bill
does not specify how these assets will be distributed. He believes this will allow the flexibility
necessary to be fair to all concerned. He emphasized that the language in the bill states that
any indebtedness incurred by the port district must be taken care of before any disincorporation
can take place.
A member of the Committee applauded this proposal and said that it provides a manner in
which citizens of a port district could express their frustration with it.
MOTION: Rep. JAQUET moved to send SB1171 to the floor with a DO PASS
recommendation. Motion carried by voice vote. Rep. ELLSWORTH will
sponsor the bill on the floor.
The meeting adjourned at 9:38 a.m.
| DATE: | April 2, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Ellsworth, Smylie, Langford, Black, Edmunson, Miller, Ring, Shirley, Skippen, Wills, Jaquet, Shepherd, Smith(30), |
| ABSENT/
EXCUSED: |
Stevenson, Clark, Snodgrass, Langhorst |
The Chairman called the meeting to order at 9:02 a.m. with a quorum present.
Presentation: Borah Post Office Building – Dept. of Administration
Pam Ahrens, Director of the Department of Administration presented proposals for the Borah
Post Office Building. A copy of her presentation is attached.
The Committee questioned her about several issues involving the building. Would the current
security system stay in place if the state assumed ownership of the building? She replied that it
would because the federal tenants in the building require such security, and they will pay for
part of it. The building must be maintained as a Historic Building, whether the state or private
entities buy it. The rent noted in her materials has been considerably reduced by the GSA, and
these new figures are not included in the handout. She noted that several leases with federal
agencies are in the negotiation process and she could not guarantee that they would stay in the
building. The land around the building is owned by the federal government and is maintained by
them. The Committee noted that the building is classed as a “C” building. Ms. Ahrens noted
that an “A” class building would command the highest lease rates in a downtown area; a “B”
would command slightly lower lease rates. A “C” building is classified as having operational
issues and would command the lowest lease rates. These classifications are used by
commercial real estate firms. She said that currently no state agencies had indicated any
interest in re-locating to this building.
Ms. Ahrens then gave a brief description of the current status of the Ada County Courthouse.
She noted that the state had bought it several years ago. It is currently vacant and the state is
maintaining it on a minimal level. She noted that an architectural plan had been commissioned
to remodel the building and add a substantial addition to it. She noted that in comparison with
the Borah Post Office building, the Ada County Courthouse would need substantial renovation
to make it usable as office space. It could be used now minimally with some cosmetic
changes, but she said that there would be costs involved in maintaining the entire building as a
working office building. Although the electrical and plumbing systems were functional, she was
not sure that the electrical or phone lines were capable of handling the increased needs of the
computerized workplace. She reminded the Committee that the Courthouse renovation had
been an integral part of the overall Capitol renovation. Since the Capitol renovation was on an
indefinite hold, the Courthouse renovation was not under discussion. She made the point that
the Borah Post Office building was more usable immediately, if the Legislature chose to expand
into it. The possibility of limited parking would be somewhat mitigated by the fact that the
Legislature meets only once a year, and most of those involved in the Legislature already have
parking available.
She explained that both buildings are Historic Buildings. However, the Borah building, since it is
a federal building, would have considerably more stringent requirements than would the
Courthouse, which is state property.
In answer to questions from the Committee, she noted that the cleaning service had recently
been re-bid, and another company had won that bid.
She also noted that the Department of Administration had no oversight over public school
buildings or health district buildings. A member of the Committee noted that health districts
answer to the County Commission, which is in turn answerable to the voters.
The meeting adjourned at 9:45 a.m.
| DATE: | April 3, 2003 |
| TIME: | 8:30 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Ellsworth, Smylie, Langford, Black, Clark, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| GUESTS: | See attached sheet |
The Chairman called the meeting to order at 8:32 a.m. with a quorum present.
The minutes of the meeting of 4/01/03 were read.
MOTION: Rep. WILLS moved that the minutes of the meeting of 4/01/03 be approved
as written. Motion carried by voice vote.
The minutes of the meeting of 4/02/03 were read.
MOTION: Rep. BLACK moved that the minutes of the meeting of 4/02/03 be
approved as written. Motion carried by voice vote.
| HCR30 | Resolution authorizing facilities bonding |
Mr. Wayne Meuleman, representing the Idaho State Building Authority, spoke in support of the
bill. He said that this resolution is a requirement to allow the Idaho State Building Authority to
fund these projects through a bond issue. He noted that the Statement of Purpose has been
changed to reflect the addition of other sponsors. He said that it has the policy of the Building
Authority to give first priority on these bonds to Idaho investors, and to distribute them first to
Idaho brokerages.
A member of the Committee asked him to explain other sources of funding noted in the
legislation. He explained that these funds are derived from student fees, grants, etc. He stated
that there would be no impact on student fees as a result of this legislation. He noted
particularly that the Idaho State project figure is based solely on classrooms, even though the
facility will provide additional functions. These are funded through other sources.
Another Committee member asked him if the Eastern Idaho Technical College project was site
or facility specific. He replied that it was facility specific, and not limited to a specific site.
Another member asked him about the appropriation for Northern Idaho College. The original
figure for that project was $11.9 million, the appropriation here is $10 million. Mr. Meuleman
said that the original figure was based on the project while it was still under design. Perhaps
some work had already been accomplished.
Mr. Todd Bunderson, representing the city of Nampa, spoke in support of the bill. He
emphasized that this bill is about educational capacity. He said that the recent downturn in the
economy dictates that Idaho maximize its opportunities to attract new business and keep
current business here in the state. There are many unemployed workers who have returned to
school to improve their skills, or change their careers. It is important to keep these workers in
Idaho so that when the economy does change, they are ready for employment. Companies
who are considering locating in Idaho will look to see if we have an educated workforce. He
noted that Ada and Canyon counties will benefit equally from the project at the BSU west
campus. There is tremendous demand for educational opportunities in that part of the valley,
and this project will go a long way toward resolving growth issues. The construction jobs that
will result from that project will help shift an over-reliance on residential construction to provide
good jobs.
Mr. Steve Ahrens, President of the Idaho Association of Commerce and Industry, spoke in
support of the bill. He said that the merits of the proposal are evident. The decision to finance
projects through public debt is not one that would be made if the state had sufficient cash to pay
for them. However, the economic situation dictates a new approach to help stimulate the
economy. He noted that there was unanimous support from the members of IACI, and the
Board itself supports the proposal.
Mr. Rick Hachtel, representing the Associated Students of Boise State University, spoke in
support of the bill. He said that it was important to support higher education by financial means,
and it was important that the demand for higher education services be satisfied.
Mr. Steve Gerber, representing the Idaho Historical Society, spoke in support of the bill. He
said that he believes that this proposal is a good one, but he had hoped that the Historical
Center would be one of the projects included. He believes that it would provide much-needed
educational opportunities to explain Idaho’s heritage. He noted that this project had been
partially funded some years ago, but had not received any funds recently
Mr. Bob Corbell, representing several construction contractors, spoke in support of the bill.
Mr. Steve Millard, representing the Idaho Hospital Association, spoke in support of the bill. He
said that Idaho is currently in the middle of a health care crisis. Health care workers, especially
nurses, are in very short supply, and many of the nurses who are currently working will be
retiring in the near future. As our population ages, we will need many more qualified health care
workers. The nursing education projects are particularly important given these facts.
Mr. Jerry Deckard, representing Idaho General Contractors, spoke in support of the bill. He
noted that the construction industry had recently lost many good jobs, and he believes that this
bill will help create new jobs for these people. The majority of the jobs projected to be created
would be in the construction field. He noted that interest rates are at an all-time low. These
projects could be completed at a cost savings to the state. He noted that when a bid is let for
these jobs, the contractor must guarantee that 90-95% of his construction jobs must go to Idaho
citizens. In answer to a question from the Committee, he said that there is no system in place to
verify that this provision is being obeyed.
MOTION: Rep. CAMPBELL moved to send HCR30 to the floor with a DO PASS
recommendation.
Members of the Committee commented on the fact that the Historical Center had been dropped
from the list of projects to be completed. They noted that this project had been proposed many
times. It had been approved in the original list, and the amount requested was minimal.
MOTION: Rep. CLARK moved to send HCR30 to GENERAL ORDERS with
amendments attached (adding the Idaho Historical Center to the list of
projects).
Mr. Marty Peterson answered questions from the Committee about the North Idaho College
nursing construction. He said that NIC is a local community college and is not subject to the
authority of the Board of Education. However, he said that it could be a collaborative effort with
Idaho State University, since that university has been designated as the lead for health
education in Idaho. This could be a 2-year program, with graduate studies available through an
Idaho State satellite program. He said that the nursing program at Eastern Idaho Technical
College is a 2-year program with the possibility of further education through Idaho State
University.
The Committee commented on the apparent lack of accountability in hiring the required
percentage of Idaho citizens. Mrs. Pam Ahrens, Director of Administration, said that the
requirements for hiring Idaho citizens have been in the Code since 1933. It is not cost efficient
to visit every job site to ensure that this requirement is met, but she believes that a fairly simple
system can be devised to verify that it is met.
Members of the Committee asked Mr. Meuleman if a simple amendment to this bill would suffice
to add the Historical Center. He said that it would, but it would be simpler and easier to draft a
trailer bill to include it in the list of projects.
Members of the Committee said that the need for these construction project is immediate, and
amending it could delay the process. Other members noted that the Historical Society is largely
dependent on general fund sources, and it might have real difficulty in meeting the financial
obligations that bonding would present. There is a window of opportunity here to enable these
construction projects to go forward. If the Historical Center merits attention, another bill could
be brought to the Committee.
Others again noted that the Historical Center had been waiting a long time to finish their project.
The amount involved is minimal, and the benefit to Idaho’s citizens is incalculable.
Rep. CAMPEBELL called for the question. There was unanimous consent to consider the
SUBSTITUTE MOTION.
The SUBSTITUTE MOTION (SEND TO GENERAL ORDERS) failed on a roll call vote. Voting
AYE were Reps. LANGFORD, CLARK, EDMUNSON, SNODGRASS, JAQUET, SMITH, and
LANGHORST. Voting NAY were Reps. CAMPBELL, STEVENSON, SMYLIE, BLACK, MILLER,
RING, SHIRLEY, SKIPPEN, WILLS, and DEAL.
The MOTION (DO PASS) passed on a voice vote. Rep. STEVENSON wished to be recorded
as voting NAY. Reps DEAL, MEYER, and GAGNER will sponsor the bill on the floor.
| HB396 | Includes community colleges in facilities bonding |
Rep. MEYER spoke in support of the bill. He said that it amends the Code to include
community colleges in the provisions of HCR30. He added that Eastern Idaho Technical
College is part of the State Board of Education and is not a community college.
MOTION: Rep. LANGHORST moved to send HB396 to the floor with a DO PASS
recommendation. Motion carried by voice vote. Reps DEAL, MEYER, and
GAGNER will sponsor the bill on the floor.
| HB397 | Limits any future bonding for facilities |
Rep. GAGNER spoke in support of the bill. He said that it was written to state that it is not the
intent of the state to make bond issues of this type a common practice. It would amend Code
so that no more projects could be funded in this manner after 6/30/03. If future projects are
considered, the Code must be changed to allow it.
MOTION: Rep. LANGFORD moved to HOLD HB397.
SUBSTITUTE MOTION: Rep. SNODGRASS moved to send HB397 sent to the floor with a
DO PASS recommendation.
The SUBSTITUTE MOTION passed on a voice vote. Rep. LANGFORD wished to recorded as
voting NAY. Reps DEAL, MEYER, and GAGNER will sponsor the bill on the floor.
The meeting adjourned at 10:06 a.m.
| DATE: | April 8, 2003 |
| TIME: | 9:00 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Smylie, Langford, Black, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| ABSENT/
EXCUSED: |
Ellsworth, Clark |
| GUESTS: | See attached sheet |
The Chairman called the meeting to order at 9:02 a.m.
The minutes of the meeting of 04/03/03 were read. Rep. SMITH noted that on page 2, Mr.
Steve Guerber’s name is misspelled.
MOTION: Rep. RING moved that the minutes of the meeting of 04/03/03 be approved
with the correction noted above. Motion carried by voice vote.
| SB1175 | Student info, military recruiters |
Dr. Bob Hailey, Legislative Liaison for the Department of Education, spoke in support of the bill.
He said that federal requirements dictate that schools release certain information about their
students to military recruiters. This bill would align state law to mirror federal regulations. It
would allow any information contained in student directories or any other information which
would be provided to other schools or prospective employers to be released to military
recruiters. Parents can “opt out” of this provision, if they choose. He noted that in a previous
administrative position in the public schools, he had not encountered any conflict or complaint
when releasing such information. This bill would include colleges and universities as well as
secondary schools in this requirement. He noted that any schools not complying with the
federal regulations could lose considerable funding. He noted that these provisions apply only
to public schools, not private schools or home schooled children.
Mr. Darrell Manning spoke in support of the bill. He said that the benefits provided by the
military are many. The technical training is among the best. The scholarship benefits are
abundant and well known. It is only fair that those who are interested in the military receive all
the information they need. Those who are not interested can opt out.
MOTION: Rep. SMITH moved that SB1175 be sent to the floor with a DO PASS
recommendation. Motion carried by voice vote. Rep. BARRACLOUGH will
sponsor the bill on the floor.
| SB1178 | Emergency Communications Act |
Mike Reynoldson, representing Qwest, spoke in support of the bill. He said that it corrects 2
errors in HB363. It adds language which recognizes that counties are not the only entities
which could have a 911 service area, and it notes that these provisions deal with voice
communications.
MOTION: Rep. LANGHORST moved that SB1178 be sent to the floor with a DO
PASS recommendation. Motion carried by voice vote. Rep. BLACK will
sponsor the bill on the floor.
The meeting adjourned at 9:20 a.m.
| DATE: | April 21, 2003 |
| TIME: | 10:15 a.m. |
| PLACE: | Room 412 |
| MEMBERS: | Chairman Deal, Vice Chairman Campbell, Representatives Stevenson, Ellsworth, Smylie, Langford, Black,, Edmunson, Miller, Ring, Shirley, Skippen, Snodgrass, Wills, Jaquet, Shepherd, Smith(30), Langhorst |
| ABSENT/
EXCUSED: |
Clark |
The Chairman called the meeting to order at 10:19 a.m. with a quorum present.
The minutes of the meeting of 4/08/03 were read.
MOTION: Rep. BLACK moved that the minutes of the meeting of 4/08/03 be
approved as written. Motion carried by voice vote.
The Chairman announced that there was no further business to be presented before the
Committee. However, he said the Committee would remain open and at the call of the Chair in
the event new legislation was sent to the Committee.
The Chairman thanked the Committee for their hard work.
The Committee in turn thanked the Chairman for his fairness to them and to all the speakers
who presented legislation before the Committee.
The meeting adjourned at 10:29 a.m.