EXCUSED:

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Bob Finney, the State Commander of Veterans of Foreign Wars stated that
they strongly support this legislation as it protects the privacy rights of
Veterans.

Marty Durand who is the legal council for the local American Civil Liberties
Union stated that this is a rare occasion when they are in support of an
exemption. Although the public’s right to know is always an important
consideration, this is a different situation. The issue is the right to privacy for
Veterans and the public interest is not served to release these documents.
They strongly support this bill.

Michael Grigsby who is the National Vice Commander for Region 3 of the
Order of the Purple Heart stated that upon his separation from the military,
he followed his final order and had his DD-214 recorded. He did not
anticipate the risks that increased technology would present. He supports
this legislation.

Jim Adams who is the Senior Vice Commander Post 63 stated that the
1,700 members in their post support this legislation. He said that trying to
obtain a lost DD-214 is a very time consuming process. Senator Geddes
asked if the military keeps copies of these records in case of loss. Mr.
Adams said it depends as some records have been lost in fires. It is his
experience that when a Veteran needs these documents, he needs them
immediately.

Senator Davis asked if the Association of Counties has spoken yet on this
bill and the expense they might have with regard to the fiscal impact. Dan
Chadwick, the Executive Secretary for the Idaho Association of Counties
stated that they support this legislation. He said it does allow for the future
creation of a separate index for DD-214’s. They think it is a manageable
change with no serious expense. Senator Davis had a question about the
language in Section 9-304C. Mr. Chadwick referred to page two, line ten
and the phrase “reasonably retrievable.”

EXCUSED:

EXCUSED:

Senator Calabretta stated that historically labor in her district has had a
significant role in providing employees and working families with safety in
the work place, health insurance benefits which carry on to retirees, and
pension benefits. This does reflect positively on the state budget and our
people have been well taken care of by unions at the time they were
active.

Chairman Sorensen stated that if there was no objection by the
committee, S1060 and S1061 could be held until a future date when the
sponsor has resolved these concerns. There was no objection.

EXCUSED:

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Ben Ysursa stated that this legislation would remove three members of the
Idaho Code Commission from the Public Employees Retirement System.

EXCUSED:

Dr. Cliff Green from the Idaho School Board Association stated that this
resolution resulted from the conference that was held last November. He
said that “unschooled” children is defined as students that no one entity
has made an effort to educate. He said the goal of such a study
committee would be to create a method to identify the unschooled, assess
their needs, identify resources to aid them, identify outreach opportunities
and then make recommendations to the legislature. He said that
currently, 43% of the inmates in our correctional facilities, have not
completed a high school education. Senator Stegner asked if the scope
of this committee would include an area of standards for those who are
home schooled. Dr. Green said he did not envision the study including
home schooled. Senator Stegner said he had been told by educators in
his own district that home schooling is a problem as all parents do not
follow through. Dr Green said they could be included if the students are
unschooled. Senator Stegner asked if the concern about home schooled
was driving this investigation. Dr. Green said it was not. Senator Davis
asked about the reference to non-schooled as “children not present in
public, private or charter schools” in line 35 and said it suggested home
schooled would be considered. Dr. Green said the bill refers to
unschooled who have no education whatsoever. Senator Davis said that
the home schooled are not in private, public or chartered schools. Dr.
Green agreed but said that was not the intent of the legislation. Senator
Calabretta asked about “problem” children and whether the districts were
doing enough to try to recover them. Dr. Green said it depends and
varies from one district to another. Senator Richardson asked if this was
a part of the “No child left behind” effort. Dr. Green said it was not
specifically but does ring true with their intent.

EXCUSED:

General Kane stated that the concern about small employers is given
special consideration and if necessary they would defer deployment to
someone else where there was not a hardship. Senator Stennett said
his concern was the possibility of a chilling effect on small business when
considering guard members for a position. General Kane said that was
also a concern for them.

Steve Rutherford who is an attorney representing the Association of
Idaho Cities and the Idaho Chiefs of Police, stated that they oppose this
legislation. He said frequently transients are looking for something
stronger and higher alcohol content causes victims to need medical
attention before they can be accepted into jail. This creates an obstacle
for enforcement officers. He said retail outlets such as Albertsons and
Stinker Station will sell a cheaper line of these products which is a
concern to them. They don’t oppose these products in restaurants but
grocery stores and quick stops are areas of concern. Senator Davis
asked about Sub Section Part C and the per centage of alcohol. Mr.
Rutherford said he was not sure but he thinks Section P is not the
definition of sherry, port, or madeira. Senator Little asked if there is a
problem in other states with cheap ports. Mr. Rutherford said the
Association of Idaho Cities had only polled the Idaho police departments
so he doesn’t have knowledge of other states experience. Chairman
Sorensen stated that she had heard from Senator Bunderson and he
had wanted to be at today”s meeting to oppose H246.

Bill Roden, representing the Idaho Beer and Wine Association, stated
that the definition of dessert wine is contained in lines 26 to 28 of this bill.
He said the reference to Section P is necessary as these wine products
do contain a small amount of spirits which is used as a preservative. He
said previous legislation had contained broader language which could
have included other cordials and brandies. He does have available
copies of the Attorney General’s recommendations on previous dessert
wine legislation. He said the new definition is limited to specific products.
He said this bill has been reviewed by the State Liquor Dispensary
Manager. Senator Davis referred to the fiscal statement and asked if the
projected increase in income means increased consumption and
therefore bears out the concerns of the State Police. Mr. Roden stated
that with this type of product, purchases do not necessarily equate to
consumption. Senator Stegner asked if the definition in this bill is tight
enough to prevent cheaper versions from entering the market place. Mr.
Roden said he thinks it is and it doesn’t allow other products.

EXCUSED:

Ron Nehring, a Senior Consultant for the Americans for Tax Reform,
stated that this is a matter fundamental to the free speech rights of the
members of this state. The state of Idaho should protect taxpayers who
choose not to contribute. This legislation ensures Idahoans will have the
freedom to choose for themselves. Taxpayers should not be forced to
subsidize the political action of any group. He said it is important to protect
the political privacy of individuals. He stated that unions in California spent
$35 million to defeat a similar measure. He asked why they would spend
so much. He said it is because it transfers power away from union officials.
He said it is imperative to protect the rights of the individual. He said H329
is content neutral and even handed. Senator Stennett asked Mr. Nehring
where he was from. He said he lives in San Diego, California, but his office
is in Washington, D.C. Senator Stennett asked that since the bill
referenced all employees of any business, didn’t it restrict any business
from payroll deductions. Mr. Nehring said the bill excludes those governed
by Federal Labor laws and it does not apply to the private sector.
Chairman Sorensen said the bill strikes the “individual annual affirmation
in writing” language and it now appears the affirmation does not occur.

Sally Norton, a public employee for thirteen years and a member of the
Service Employees International Union, spoke in opposition to H329. She
said that at BSU they have a choice of 39 voluntary contributions to choose
from for automatic payroll deductions. She said that even though her
husband has lost his job and they had to cancel some deductions, she is
not canceling her union membership. She said it is offensive that the
government wants to intrude on her payroll deductions and that she is very
capable of taking care of her own business.

John Greenfield is a lawyer from Boise who practices in labor law and
elections. He stated that this bill is adverse to many interests including that
of the Republican party. He said part one is model act language drafted
out of state and identical to the Utah Act which was struck down. He said
the section of the bill which seeks to amend the Right to Work Law opens
the bill to all kinds of groups and organizations . He said it will destroy
payroll deductions for everyone. Senator Stennett asked who would bring
suit. Mr. Greenfield said the bill would certainly be challenged as it has
been in other states. Senator Davis asked if he was referring to Judge
Henroid’s decision in Utah. Mr. Greenfield said he was. Senator Davis
asked if Mr. Greenfield believed that the court decision determined that the
bill was unconstitutional. Mr. Greenfield said he thought it indicated that
the first amendment part was a violation of contract laws. Senator Davis
said he disagreed with that interpretation and that the court found that in
44-2603, the expenditures were constitutional. Mr. Greenfield said under
the first amendment, the bill failed. Senator Davis suggested Mr.
Greenfield read the judges decision. Senator Calabretta asked how this
legislation related to the United way or Blue Shield. Mr. Greenfield said the
bill prohibits payroll deductions to be expended for anyone conducting
political action and that the term “political contributions” is too widely
defined. He said nothing in Section 2 restricts it to unions. She asked
how, with the current status, one might pay dues but not contribute to the
PAC. Mr. Greenfield said he did not know.

Jim Piotrowski, a lawyer in Boise, stated that he does a lot of
constitutional law in his practice and he feels H329 is unconstitutional. He
said the case of “Kerry Versus Brown” invalidated any attempts to restrict
labor only and not others. He said that as the bill is written, it is not limited
to labor organizations and that the equal protection clause leaves the
legislation in an all or nothing position. Therefore the bill must be
amended. Senator Davis asked him if he was saying that the Utah Court
struck down the bill in it’s entirety. Mr. Piotrowski said it was not totally
struck down and there is still consideration occurring. However, his focus
is the equal protection. Senator Davis stated that although the Utah Court
had a problem with part of the statute, this bill has been written differently
and allows for verbal notification of renewal. Senator Stegner asked about
Section 2 and how it inhibited United Way deductions. Mr. Piotrowski said
the United Way has an interest in certain bills and does testify before
committees on some issues . As defined in this bill, that could be
considered political activities.

Karl Mallott representing the Professional Firefighters of Idaho, (700
members) said they oppose this bill. He said they feel it is unnecessary
legislation which would adversely affect their political activities. He said the
sponsors of this bill could not answer their questions about the
ramifications of the broad definition of “political activities”.

Kathy Phelan, President of the Idaho Education Association, said they
strongly oppose H329. She said it targets teachers and firefighters. She
said there has been no corruption or complaints in Idaho and there is no
reason for the legislation except to “silence dissent”. She said they pool
their limited resources ($16 per year per member). This bill will criminalize
their political involvement. They have a right to a choice and this bill is just
intended to “silence dissent”.

Andrew Hanhardt, Deputy Trustee for the local 687 Union,(SEIU) said this
bill singles out unions and is unfair and unnecessary. He said this bill
remedies no harm or injury.

Dennis Doan stated that he does not support “Right to work”. He is a
fourth generation Idahoan who supports teachers and firefighters. He said
it is a local control issue and if an employer opposes it, they don’t do it.

Mary Durand, Legislative Council for the American Civil Liberties Union,
stated that they oppose this law. She said unions have first amendment
rights and this bill tries to tell unions how to spend their dues. She said the
committee should consider the constitutional implications of this bill and the
litigation that will result.

Bill Braddock, a retired Lieutenant from the Boise Police department, said
that law enforcement doesn’t have the privilege of union recognized by the
legislature. They have worked years to set up payroll deductions. This bill
will rob them of their most efficient method of deduction.

John Rumel, General Council for the Idaho Education Association, stated
they oppose this bill because it has a broad scope and unintended
consequences. He said the Utah Courts have spent $450,000 to address
concerns of their bill. He said there as been no definite opinion from the
Idaho Attorney General’s office regarding this bill.

Gino White, a member of the Service Employees International Union, said
this is damaging legislation which he opposes. He said he joins their voice
because he wants to have a collective voice in the government. He said
lobbyists are an important source of information. The average citizen does
not have enough time to research every issue. He said competition is good
and he asked the committee to have the strength to tolerate opposition and
vote against this bill.

Dan Weston is a volunteer with the Eagle Fire Department. He is an out
of work teacher with a Masters Degree from BSU. He has spent many
hours as a volunteer and he supports firefighters and teacher.

Lee Flinn, the Executive Director of the Idaho Women’s Network, stated
that they stand in solidarity with the labor unions and oppose this bill. She
said this bill is unnecessary and that it singles out labor unions and sets up
significant barriers for these unions in collecting their dues through
paycheck deduction.

Daniel Rice with the Pacific North West Region of Carpenters said he
opposes H329. He said Utah has already spent $450,000 on litigation of
their legislation. He said we should let them resolve the issues and then
we can reconsider it at a later date.

Neil Colwell who is a lobbyist for Avista Corporation, urges rejection of
H329. He said Avista uses the payroll deduction methodology with their
employees to collect revenue for their PAC. He said there is a concern
that if you impose this on one group, then it can be imposed on others.

Senator Darrington asked for a reading of the history of the bill. Chairman
Sorensen read the history of the bill.

EXCUSED:

Senator Davis questioned how the agencies would be moved to action
since this is just a resolution. Representative Trail said that he had
worked with Pam Ahrens and if this bill is approved, the sponsors will
work with her to get the word out. Senator Davis expressed concern
about the cost of procurement of recycled oil and asked what else they
may be contemplating to encourage progress of usage. He also
questioned what fiscal impact might result from such an effort.
Representative Trail said their strategy for follow up, besides the
resolution, would be direct contact with the directors of each agency .
Senator Little said his review of the list of current recycling companies
and their location indicated there were centralized fleets using recycled
oil. He asked if they had done a comparison analysis of market costs for
our area. Representative Trail stated that small states, such as Vermont
and New Hampshire have also developed successful recycled oil
programs. He said here in Idaho, major companies are also required to
collect recyclable oil, but that currently much of the old oil is used for
heating purposes. Senator Richardson asked what system of collection
was used in Idaho. Representative Trail said there are 30 major
collection sights in Idaho and from there, it is trucked to a recycling
location.

Representative Martinez stated that of the 1.4 billion gallons of used oil
generated each year, an estimated 200 million gallons is simply dumped
into sewers and oceans. That is more than all the marine oil spills
combined. So using refined oil instead of virgin oil saves a natural non-renewable resource without compromising quality or increasing spending.
He said recycling will help reduce our dependancy on foreign oil and will
help us conserve our resources. He said it is important for us to look at
the bigger picture and move forward with positive change. He gave
several examples where refined oil has been used for years which
included the U. S. Postal Service.

Justin Hayes, for the Idaho Conservation League, stated that this bill
sends an important message to the people of Idaho. He said they will
assume that if it is good enough for the state, it is good enough for the
people. He said it is important that the state encourages wise use of
resources. Senator Richardson asked how many times oil could be
recycled.

Teri Ottens, the Executive Director of the Association of Idaho Re-cyclers, stated that a few years ago, a paper re-cycling bill was passed in
Idaho. Less than a year later, there is already a 20% increase in
recycling by state agencies. This was the result of their public relations
effort and they would do the same with information for oil recycling. She
said commercial oil must be collected and recycled. She said the issue is
how to purchase the recycled oil. Currently, there are two refineries in the
state of Idaho. She said oil recycling provides 30 businesses and
thousands of jobs in Idaho. She said oil can actually be recycled 10
times. Senator Darrington asked how you know how many times oil has
been recycled. Ms. Otten said there is probably a test for viscosity and
the oil is tested each time.

Representative Roberts stated that the significant part of this bill was on
the last page where it states there will be a short, clear and concise
statement clarifying the result of the vote. Senator Davis said his
recollection was that there was an explanation on the term limits ballot
and he asked how this change would right a wrong. Representative
Roberts said that now there is a 200 word statement, and then there is a
shorter 20 word statement of the effect of a yes or no vote. Senator Davis
asked what is a simple statement of the referendum. Representative
Roberts said that the term limits statement was a double negative. He
said a simple statement might have been ” A yes vote means you are in
favor of term limits”. Senator Davis said the people voted and he doesn’t
know if it is necessary legislation, but if others think

it is important, he will concur.

EXCUSED:

Senator Calabretta made a motion that the minutes for March 12, 2003,
be approved as written. Senator Geddes seconded the motion. The
motion carried by a Voice Vote.

EXCUSED:

1. To provide a level of financial support to Idaho students who have
graduated from an Idaho high school or who have obtained an Idaho GED
and are enrolled full time at an eligible Idaho public college or university

2. To encourage Idaho high school students to pursue a public college
education in Idaho and to complete a first four year degree within a
maximum of nine semesters or a first two year degree within a maximum
of five semesters.

The Success Scholarship Program would pay for up to 100% of required
fees to every high school graduate (or GED recipient) who wants to attend
an Idaho public college or university and has met the requirements of the
program.

Representative Wendy Jaquet stated that this bill is a re-write of HCR27
which will extend the term of the study committee to two years.

Darrel Deide stated that this Joint Resolution proposes a constitutional
amendment to the electorate for the purpose of authorizing school
districts to incur debt with a 60% majority, if the election is held on the
fourth Tuesday in May or the Tuesday following the first Monday in
November, as provided in statute.

EXCUSED:

Senator Little stated that he had contacted the Attorney General’s office
who in turn contacted the sheriff for a clarification on this bill. Their
conclusion was; H333 amends Idaho Code 23-927 and 23-1012 to permit
cities discretionary authority regarding the hours of sale of liquor by the
drink and beer. H333 does not appear to present any legal
considerations regarding its enactment. In fact, it appears that H333 is
simply a statutory clarification of the police powers, which are organic to
cities. In essence, both cities and counties enjoy broad local controls
over liquor, beer , and wine sales within their respective limits already, this
amendment simply adds further clarification

Schools who fail to comply may jeopardize their funding on a district
basis. Federal funding to Idaho is approximately $120 million. Each
district must comply and provide the name, address and phone number
for students unless their parents have opted out. The State Board of
Education has agreed to forward this legislation.

EXCUSED:

Senator Davis made a motion that S1172 be directed to the fourteenth
order. Senator Stegner seconded the motion. The motion carried by a
Voice Vote.

Vice Chairman Richardson returned the chair to Senator Sorensen.