January 21, 2004
January 21, 2004 – Subcommittee
January 27, 2004
January 27, 2004 – Subcommittee
January 29, 2004
January 29, 2004 – Subcommittee
February 3, 2004
February 5, 2004
February 9, 2004
February 11, 2004
February 17, 2004
February 19, 2004
February 23, 2004
February 25, 2004
February 27, 2004
March 1, 2004
March 3, 2004
March 5, 2004
March 9, 2004
March 11, 2004
March 15, 2004
March 17, 2004
| DATE: | January 21, 2004 |
| TIME: | 1:30 p.m. |
| PLACE: | Room 404 |
| MEMBERS: | Chairman Field(18), Vice Chairman Clark, Representatives Sali, Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen, Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart |
| ABSENT/
EXCUSED: |
None |
| GUESTS: | See attached sign-in sheet |
| MINUTES: | Chairman Field called the meeting to order and informed the members that she planned on chairing all scheduled meetings. If at any time this is not possible, she would inform both the secretary and Vice Chairman Clark in advance. The Chairman introduced Director Dan Charboneau to give the state of the Idaho State Police. The Director introduced his staff and thanked Chairman Field and The Director said the Department is at a crossroads and needs help. The Chairman thanked the Director and called on Michael Becar, |
| RS13487: | Ann Cronin, special assistant to the Director of the ISP, was recognized to explain the proposed legislation. Ms. Cronin said Idaho Code 37-2732(K) allows restitution to be sought from offenders, upon sentencing, for the analysis of felony controlled substances. Restitution amounts are deposited into the drug enforcement donation fund. Restitution funds received by the laboratory are used to pay a portion of the cost to analyze drug evidence submitted by law enforcement agencies. This proposal seeks restitution for the analysis of controlled substances for conviction on misdemeanor drug offenses since the same expenses are incurred by the laboratory regardless of whether the evidence results in a felony or misdemeanor conviction. |
| MOTION: | Representative Ellsworth moved to introduce RS13487. Motion carried. |
| RS13494: | Chairman Field recognized Ann Cronin to explain. Ms. Cronin said this proposed amendment adds a definition of “DNA analysis” to the Idaho DNA Database Act of 1996. It also provides for the addition of two new classes of offenders, subject to sample collection: felony burglary and felony domestic violence. It provides that persons subject to sample collection may be ordered by the court to pay restitution to help offset costs incurred by law enforcement agencies for the expense of DNA analysis. DNA analysis is a costly procedure, with processing expenses running from $750 to $1,200 per sample. Restitution funds will be used to purchase, repair and maintain instruments, equipment and supplies. The funds will also help pay for training and general operations of the laboratory and for DNA outsourcing on analysis that ISP’s laboratory does not perform. |
| MOTION: | Representative Nielsen moved to introduce RS13494. Motion carried. |
| RS13475: | Prior to the presentation of the proposed legislation, Chairman Field recognized Jody Taylor, the Interstate Compact Coordinator for the Department of Juvenile Corrections, who will be leaving the Department within a week. Director Brent Reinke said Jody was recognized by her peers nationally for her work with the Department. The Director was then recognized to explain the proposed legislation. This is an updated version of the Interstate Compact laws Idaho already has in place. Eleven states have already adopted this new version. This proposed legislation was developed at the national association council for Interstate Compact for Juveniles level. It will become effective upon the enactment of the Interstate Compact for Juveniles into law by 35 states or on July 1, 2004, whichever is later. If Idaho is one of the first 35 states to adopt this compact, it will have a seat on the council. The proposed legislation amends existing code dealing with juveniles who are not under proper supervision, or who have escaped or run away from their state. The cooperation of this state with other states is necessary to provide for the welfare and protection of juveniles and of the people of this state. If adopted, Idaho will cooperate fully in returning juveniles to other states whenever their return is sought. Idaho will also accept the return of juveniles whenever a juvenile residing in this state is found or apprehended in another state. |
| MOTION: | Vice Chairman Clark moved to introduce RS 13475. Motion carried. |
| ADJOURN: | There being no further business to come before the committee, the meeting was adjourned at 3:10 p.m. |
| DATE: | January 21, 2004 |
| TIME: | 3:10 p.m. |
| PLACE: | Room 404 |
| MEMBERS: | Chairman Jim Clark; Representatives Edmunson, Ring, Wills, Boe |
| ABSENT/
EXCUSED: |
None |
| GUESTS: | Ann Cronin, Idaho State Police; Michael Becar, POST Academy |
| MINUTES: | Chairman Clark called the meeting to order and recognized Ann Cronin to explain the pending rules of the Idaho State Police. |
| 11-0501-0301: | Ms. Cronin said these rules govern Alcohol Beverage Control. On page 3 of the rules, paragraph 04.d. under definitions, there is an addition which says if you are going to call your establishment a restaurant, you must have a menu and show that the services occur on the premises. Equipment normally found in restaurants must be located on the premises, and at least 40% of the establishment’s consumable purchases must be derived from the purchase of food and non-alcoholic beverages. |
| 11-1001-0301: | Ms. Cronin said these are rules governing the Idaho Law Enforcement Teletypewriter System. The proposed amendments will strengthen ILETS network security requirements to comply with federal standards, particularly in regard to password and encryption policies. They also update citations for national policies incorporated by reference. |
| 11-1101-0301 | Michael Becar was recognized to present the pending rules regarding the Idaho Peace Officer Standards and Training Council. Mr. Becar said the changes to the rules on page 19 were cosmetic. The word “shall” was changed to “must.” In Section 01., the words “or juvenile probation” were added. Also, an applicant must be free from any impediments of the senses of sight, hearing, taste, smell and touch. On page 20, a definition is provided for Closed Campus. |
| MOTION: | Representative Boe moved to recommend to the full committee that Docket No. 11-0501-0301, Rules Governing Alcohol Beverage Control, be accepted. Motion carried. |
| MOTION: | Representative Ring moved to recommend to the full committee that Docket No. 11-1001-0301, Rules Governing the Idaho Law Enforcement Teletypewriter System, be accepted. Motion carried. |
| MOTION: | Representative Boe moved to recommend to the full committee that Docket No. 11-1101-0301, Rules of the Idaho Police Officers Standard and Training Council, be accepted. Motion carried. |
| ADJOURN: | There being no further business to come before the committee, the meeting was adjourned at 3:30 p.m. |
| DATE: | January 27, 2004 |
| TIME: | 1:35 p.m. |
| PLACE: | Room 404 |
| MEMBERS: | Chairman Field(18), Vice Chairman Clark, Representatives Sali, Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen, Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart |
| ABSENT/
EXCUSED: |
Representative Edmunson |
| GUESTS: | Representative Rydalch; Heather Reilly, Idaho Prosecuting Attorneys; Olivia Craven, Commission of Pardons and Parole |
| MINUTES: | Chairman Field called the meeting to order and asked the members to review the minutes. Representative Ring moved to accept the minutes of the meeting held on January 21, as written. Motion carried. |
| RS13582C1 | Chairman Field recognized Representative Ring to explain the proposed legislation. Representative Ring said this proposal is intended to close a “loophole” in the law regarding Drug Court Participation Fees. This law would ensure that all participants are accountable for costs and fees incurred during their participation in the program. In 2003, the Idaho Court of Appeals ruled that the requirement to pay drug court fees does not survive termination from the drug court program and cannot be ordered as a fee or restitution at sentencing absent a statutory provision allowing such. These fees are necessary for the successful operation of the program. This proposed change to the law will allow the expense of the drug court treatment and supervision to survive the termination from the program and allow the sentencing judge to order the fees during sentencing or as a cost that is a condition of probation. |
| MOTION: | Representative Shirley moved to introduce RS13582C1. Motion carried. |
| RS13622 | The Chair recognized Representative Rydalch to explain. Representative Rydalch said this proposal would close a loophole in the law by requiring a criminal history check on the owners, operators and employees of a day care facility of any size. It also adds a new section to make sure that registered sex offenders are not permitted on the premises of a day care facility and establishes it as a misdemeanor if the law is not obeyed. |
| MOTION: | Representative Clark moved to introduce RS13622. Discussion followed during which some of the members questioned the time it takes to do background checks. In support of his motion, Representative Clark asked that RS13622 be introduced in order that a full blown hearing could be held on this important issue. Motion carried. |
| RS13623C1 | Chairman Field called on Representative Rydalch. Representative Rydalch said this proposed change to the office of the Attorney General will provide that a department, agency, office, officers, board, commission, institution or other state entity may be represented by or obtain its legal advice from either the Attorney General’s office or from an attorney at law in the private sector. This proposed legislation would allow state entities to make a choice on who would represent them. Representative Clark said there is a technical problem with this change. It would result in a large fiscal impact instead of a revenue neutral impact. Representative Pasley-Stuart registered her concern regarding the proposed legislation. |
| MOTION: | Representative Nielsen moved to introduce RS13623C1. Roll call vote was requested. |
| ROLL CALL VOTE: |
Voting AYE-Representatives Ellsworth, Ridinger, Nielsen, Shirley. Voting NAY-Representatives Field, Clark, Sali, Smith, Harwood, Kulczyk, Ring, Wills, Boe, Andersen, Pasley-Stuart. MOTION FAILED 4-11-1. |
| RS13730: | Chairman Field recognized Heather Reilly to explain the proposed legislation. Ms. Reilly said this legislation divides the crime of stalking into first-degree and second-degree stalking. First-degree stalking is a felony which is committed when an individual commits second-degree stalking and one of the aggravating factors is present as enumerated in the proposed legislation. Such factors include stalking a victim who is under sixteen and the stalking of a victim against whom certain crimes have already been committed by the perpetrator. The penalty for second-degree stalking is the same as that already provided in Idaho Code. Stalking in the first degree is punishable by a fine not exceeding ten thousand dollars, or imprisonment in the state prison for not less than one year nor more than five years, or by both such fine and imprisonment. Definitions are also provided for “family member” and “nonconsensual contact.” |
| MOTION: | Representative Ring moved to introduce RS13730. Motion carried. |
| PRESENTATION | Chairman Field recognized Olivia Craven to update the members on the State of the Commission of Pardons & Parole. Ms. Craven said the Legislature saw fit to increase the number of employees of the Commission. As a result, the Commission has been able to take on more duties and help out the Department of Corrections. Crimes of violence always come before the Commission. Parole determination is at the complete discretion of the Commission. Parolees must serve one year on parole. The Commission does a lot in the area of restitution and it is working to make sure inmates are out when they are supposed to be. Drug courts are having a very positive effect in helping to keep people out of prison. Programs need to continue to be provided and structured reentry into the workplace is most important. Inmates receive vocational training once they have been tracked in the rehabilitation program. |
| ADJOURN: | Chairman Field thanked Ms. Craven and told the members that the Thursday meeting will be the last day to hear personal legislation. The Chair said there are four important issues facing the Committee. A task force needs to be made up to study each issue. The issues are: estate planning/court appointees; corrections/mental health; sentencing reform; release/vocational-educational programs. The Chair asked the members to sign up for the area in which they are interested. There being no further business to come before the Committee, the meeting was adjourned at 2:35 p.m. |
| DATE: | January 27, 2004 |
| TIME: | 2:35 p.m. |
| PLACE: | Room 404 |
| MEMBERS: | Chairman Clark; Representatives Edmunson, Ring, Wills, Boe |
| ABSENT/
EXCUSED: |
Representative Edmunson |
| GUESTS: | Olivia Craven, Commission of Pardons & Parole |
| MINUTES: | Chairman Clark called the meeting to order and asked the members to review the minutes of the last meeting. Representative Ring moved to accept the minutes of the subcommittee meeting held on January 21, as written. Motion carried. |
| RULES REVIEW: | The Chairman called on Olivia Craven to explain the pending rules of the Commission for Pardons & Parole. |
| Docket #50-0101-0302: | Ms. Craven said on page 48 of the pending rules, Section 06., the rule simply allows the Commission to grant an unsupervised parole when the parolee has met the minimum discharge requirements, but still owes restitution or other court assessments. Also, if a parolee is medically unable to fulfill the obligations of parole, the Commission may suspend any or all parole obligations. |
| MOTION: | Representative Ring made a motion to recommend to the full committee that the pending rule of the Commission of Pardons & Parole , Docket #50-0101-0302, be accepted. Motion carried. |
| ADJOURN: | There being no further business to come before the subcommittee, the meeting was adjourned at 2:45 p.m. |
| DATE: | January 29, 2004 |
| TIME: | 1:30 p.m. |
| PLACE: | Room 404 |
| MEMBERS: | Chairman Field(18), Vice Chairman Clark, Representatives Sali, Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen, Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart |
| ABSENT/
EXCUSED: |
None |
| GUESTS: | Michael Kane, Idaho Sheriffs Assn.; Edward Lodge; Representative Smylie |
| MINUTES: | Chairman Field called the meeting to order and asked the members to review the minutes. Representative Ridinger moved to accept the minutes of the meeting held on January 27, as written. Motion carried. The Chair then asked for unanimous consent to transfer H 508 dealing with the Judges’ retirement investment fund to State Affairs, the Committee that introduced it. There being no objection, H 508 was transferred. Because of a time conflict, H 518, on the agenda to be presented by Director Reinke was moved to Tuesday, February 3. |
| MOTION: | Representative Smith moved to introduce all proposed legislation on the agenda. Representative Clark said he was not sure if that motion was prudent at this time. The members might want background knowledge regarding each piece of legislation prior to it being introduced. Roll call vote was requested. |
| ROLL CALL VOTE: |
Voting AYE-Representatives Smith, Ridinger and Andersen. Voting NAY-Representatives Field, Clark, Ellsworth, Harwood, Edmunson, Kulczyk, Nielsen, Shirley, Wills, Pasley-Stuart. Motion failed 3-10-3. |
| RS13704: | The Chair recognized Michael Kane to explain. Mr. Kane said this legislation would amend the Idaho criminal statute dealing with nepotism to reflect the legislative intent contained in the Ethics in Government Act. Under current law, it is a criminal offense to give a merit raise or promotion to any person working for a county or city where that person has a relative by blood or marriage to the second degree acting as a city council person or mayor or county commissioner. This legislation makes it clear that only spouses or dependants will have their careers frozen during the elected official’s tenure. |
| MOTION: | Representative Clark moved to introduce RS13704. Motion carried. |
| RS13705: | The Chair recognized Michael Kane. Mr. Kane said this bill would shift the duty of filing certificates of surrender from the county sheriff to the surrendering bondsman. |
| MOTION: | Representative Edmunson moved to introduce RS13705. Motion carried. |
| RS13706: | Michael Kane was again recognized to explain the proposed legislation. Mr. Kane said this bill is designed to delete obsolete language from the Idaho Code pertaining to the duties of the sheriff in regard to the keeping of jails. |
| MOTION: | Representative Andersen moved to introduce RS13706. Motion carried. |
| RS13748: | Chairman Field recognized Representative Pasley-Stuart to explain. Representative Pasley-Stuart said this legislation would protect the public by requiring licensing and insurance coverage for persons designated by a bail agent to make arrests of criminal defendants. It amends a law that was passed in 2003. It is an issue of public safety. |
| MOTION: | Representative Ellsworth moved to introduce RS13748. Motion carried. |
| RS13770C1: | Representative Ellsworth was recognized. This is a concurrent resolution which would make it mandatory to have testimony under oath during a bond hearing. |
| MOTION: | Representative Sali moved to introduce RS13770C1. Motion carried. |
| RS13783: | Chairman Field recognized Edward Lodge to explain. This proposed legislation would limit the civil liability of a manufacturer, distributor, seller or retailer of food or beverages in cases in which liability is based on an individual’s weight gain, obesity, or obesity-related health condition when this condition results from the individual’s long-term consumption of a food or beverage. Mr. Lodge explained that this would help prevent the filing of frivolous law suits. At stake are not just core values of fairness, but the ability of the consumer to make choices on what to eat or drink. The legislation preserves the right of consumers to file legitimate claims. |
| MOTION: | Representative Ellsworth moved to introduce RS13783. Motion carried. Representatives Clark and Smith voted “No” on the Motion. |
| RS13787: | Representative Smylie was recognized to explain. This proposed legislation is based on a Nebraska statute which establishes a policy of earned conduct reduction of sentence. Within 60 days of initial classification, an inmate would receive a personalized program plan. The program could include education, mental health treatment, work or any other program deemed necessary by the board or its designee. The Board of Corrections would set up criteria to decide which inmates would qualify. If successfully completed, the inmate’s sentence could be reduced by two months for each year of sentence. If 340 of the projected 715 new inmates were to qualify, the savings would be approximately $2,121,600. |
| MOTION: | Representative Smith moved to introduce RS13787. Motion carried. |
| RS13808: | Representative Kulczyk was recognized to explain. Representative Kulczyk said this is a joint resolution proposing an amendment to the Constitution by the addition of a new Section 28. This section provides that only marriage between one man and one woman at one time shall be recognized as valid in the state of Idaho. |
| MOTION: | Representative Clark moved to introduce RS13808. Motion carried. Representatives Pasley-Stuart and Boe asked to be recorded as voting “No” on the motion. Chairman Field said the hearing, which will be held in the Gold Room on Thursday, February 5, would be very civil. It will be on the definition of marriage. The Chairman warned the Committee that she will wield a heavy gavel if necessary. Respect will be shown to all who testify. |
| ADJOURN: | There being no further business to come before the Committee, the meeting was adjourned at 2:00 p.m. |
| DATE: | January 29, 2004 |
| TIME: | 2:00 p.m. |
| PLACE: | Room 404 |
| MEMBERS: | Chairman Clark, Representatives Wills, Edmunson, Ring and Andersen |
| ABSENT/
EXCUSED: |
Representative Boe |
| GUESTS: | Brett T. Delange, Deputy Attorney General; Richard Jones, Administrator, Idaho Division of Veterans Services; Kathy Baird, Sexual Offender Classification Board |
| MINUTES: | Chairman Clark asked the members to review the minutes. Representative Ring moved to accept the minutes of the meeting held on January 27, as written. Motion carried. |
| RULES REVIEW:
Docket # 04-2001-0301 |
The Chair recognized Brett Delange to explain the pending rules and amendment to temporary rules of the office of the Attorney General. These rules implement the Idaho Tobacco Master Settlement Agreement Complementary Act. They clarify the appeals process for Attorney General determinations related to the removal or exclusion from the directory of a brand family or nonparticipating tobacco product manufacturer. They provide additional grounds for when a nonparticipating tobacco product manufacturer must provide quarterly certifications and make quarterly escrow deposits and describe the deadlines for providing notice related to quarterly certifications and deposits. They set forth the consequences for untimely or incomplete certifications and escrow deposits. They provide for giving notice to stamping agents and tobacco product manufacturers prior to removing a brand family or manufacturer from the directory. They make it clear that the tobacco product manufacturer bears the burden of proof to establish that it or a brand family is entitled to be listed in the directory. |
| MOTION: | Representative Wills moved to recommend to the full committee that the Rules Implementing the Idaho Tobacco Master Settlement Agreement Complementary Act, Docket #04-2001-0301, be accepted. Motion carried. |
| RULES REVIEW:
Docket # 21-0101-0301 |
Chairman Clark recognized Richard Jones to explain the pending rule. Mr. Jones said the rule changes certain eligibility requirements for residency in State Veterans Homes to comply with Medicaid requirements. It changes certain rules relating to the conduct of residents who reside in State Veterans Homes and the penalties for such conduct, deleting all references to “restricting” residents. It cleans up sections related to monthly charges and changes the notification of discharge time for nursing care residents from 15 to 30 days. The time frame on Disposal of Assets is changed from one year to 36 months if the Home Administrator determines that an applicant/resident has disposed of assets preceding initial application for residency. On pages 39 and 40, all references to “Boise” have been eliminated. All references to “restriction” have been eliminated on pages 40 and 41. |
| MOTION: | Representative Edmunson moved to recommend to the full committee that Docket #21-0101-0301, Division of Veterans Services, be accepted. Motion carried. |
| RULES REVIEW: Docket #21-0104-0301, Fee Rule, Idaho State Veterans Cemetery |
Mr. Jones was recognized to explain. These rule changes were needed to insure that two cremains containers would fit into one niche for veterans who wish to be interred with a spouse and to establish the fees for interment, disinterment and reinterment. The administrator shall charge a fee of $300 for opening and closing an interment site for a qualified veteran, $300 for disinterment and $300 for reinterment. |
| MOTION: | Representative Ring moved to recommend to the full committee that Docket #21-0104-0301, Fee Rule, Idaho State Veterans Cemetery, be accepted. Motion carried. |
| RULES REVIEW: Docket #57-0101-0401, Temporary Rule, Sexual Offender Classification Board |
Chairman Clark said these rules are the ones that the Senate had problems with and Kathy Baird was recognized to explain. Ms. Baird said this is a new chapter. Rulemaking addresses the need for quality, uniformity and consistency in sexual offender evaluations provided to the courts prior to sentencing. It establishes an application system to certify sexual offender evaluations. It provides quality assurance for evaluators and evaluations and it adopts into rule procedures set by the Sexual Offender Classification Board for designating high-risk sexual offenders as violent sexual offenders. Ms. Baird said the Senate objected to the definition of “violent.” The Senate was also concerned about the term sexual offender and predator. Ms. Baird walked the committee through the qualifications for certified |
| MOTION: | Representative Wills moved to recommend to the full committee that it concur with the Senate in rejecting Docket #57-0101-0401, Temporary Rule of the Sexual Offender Classification Board. Motion carried. |
| ADJOURN: | There being no further business to come before the committee, the meeting was adjourned at 2:50 p.m. |
| DATE: | February 3, 2004 |
| TIME: | 1:30 p.m. |
| PLACE: | Room 404 |
| MEMBERS: | Chairman Field(18), Vice Chairman Clark, Representatives Sali, Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen, Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart |
| ABSENT/
EXCUSED: |
Representative Ridinger |
| GUESTS: | See attached sign-in sheet |
| MINUTES: | Chairman Field called the meeting to order and asked the members to review the minutes. Representative Pasley-Stuart moved to accept the minutes of the meeting held on January 29, as written. Motion carried. Prior to addressing the agenda, Chairman Field said she, Senator |
| RULES REVIEW REPORT: |
The Chair recognized Representative Clark to give the Subcommittee’s report on the rules review. |
| MOTION: | Representative Clark moved that the full committee act on the rules as recommended in the attached letter. Motion carried. |
| UNANIMOUS CONSENT: |
Chairman Field asked for unanimous consent to transfer Representative Rydalch’s Bill H572 on Day Care to the Health and Welfare Committee. There being no objection, the bill was so transferred. Also, The Chair said RS13850C1, which was drafted to replace H513, had some problems and the sponsor requested that it be returned and the bill held in committee. There being no objection, the bill was held and the RS returned. |
| RS13784: | Chairman Field recognized Monte MacConnell to explain. This legislation will address the concerns of the Idaho Supreme Court raised in the case of State v. Faron Lovelace decided on July 23, 2003. Specifically, it will provide that victim impact evidence is both relevant and admissible at the sentencing phase of a capital case. The bill also provides guidelines for the content of that testimony. |
| MOTION: | Representative Wills moved to introduce RS13784. Motion carried. |
| PRESENTATION BY THE IDAHO SHERIFFS: |
Mr. Bill Lynn, Director of the Idaho Sheriff’s Association was recognized. Mr. Lynn said ordinarily the sheriffs appeared before the committee to ask for an increase in funds. That is not the case this year. Mr. Lynn gave the members two handouts (attached) detailing the Idaho jails inmate status and the average cost per day to house inmates in Idaho County jails. The cost to house inmates fluctuates geographically, depending on the number of inmates. The average cost in 2003 of $57.60 per inmate is slightly below the national average. There are fixed costs to run the county jails no matter how many inmates there are. The inmates are very happy to have beds relatively close to home. There is currently a flat line on jail population. There is a problem in that 23% of the inmate population are female. That number is up dramatically. The sheriffs are trying to meet the need of those females, which is difficult. In conclusion, Mr. Lynn said we are incredibly lucky in Idaho to have so few inmates and to be able to keep them close to their families. The sheriff’s association values its relationship with the Idaho Board of Corrections. |
| H 586: | Michael Kane was recognized to explain. Mr. Kane said this bill amends the Idaho criminal law dealing with nepotism to reflect the legislative intent contained in the Ethics in Government Act. Under current law, it would be a criminal offense to give a merit raise or promotion to any person working for a county or city where that person has a relative by blood or marriage to the second degree acting as a city council person or mayor or county commissioner. For all practical purposes, the county or city worker is frozen in his or her career until the relative leaves office. Furthermore, under existing law no person who is related by blood or marriage can be hired. The Association of Counties and the Association of Cities support this bill. |
| MOTION: | Representative Smith moved to send H 586 with a typographical correction adding an ‘s after the word mayor on line 12, page 2, to the floor with a Do Pass recommendation. Motion carried. Representative Wills will carry the bill on the floor. |
| H 587: | The Chair recognized Mr. Kane. This bill is designed to amend Idaho Code to shift the duty of filing certificates of surrender from the county sheriff to the surrendering bondsman. It also clarifies that a bondsman may only surrender a prisoner in the county where the prisoner is being prosecuted. Mr. Kane said the word “bail” can be used both as a noun and a verb. |
| CON: | The Chair recognized Dave Armstrong, Bail Agent and president of the Idaho Bail Agents Assn. Mr. Armstrong said he just became aware of this bill. Currently there are six or more statutes passed and in effect for many years governing bail agents. This bill would directly affect several of these laws. If one law is changed, then all would have to be changed. The way the bill is written, a bail bondsman would be unable to do his job. The bill is in conflict with current criminal, as well as civil, statutes. |
| CON: | James Garske, State Manager, Aladdin Bail Bonds, was recognized. Mr. Garske said he opposes the legislation. The bill prevents bail bondsmen from doing their jobs. When a defendant is released on bail and that defendant gets into additional trouble, there is no opportunity to protect the family members who have posted bail. The bill needs to be reworded. Bail bondsmen would be happy to get together with the sheriffs to come up with better wording. Family indemnifiers need to be treated fairly. |
| CON: | John Duvall was recognized. Mr. Duvall said he has been a bail agent in Idaho for 24 years and is currently president of the Professional Bail Agents of Idaho. Mr. Duvall said under this law paperwork would have to be filed on the next business day. Bail bondsmen find one day to be too restrictive. The courts give five days for a defendant to appear. There appears to be some ambiguity in the legislation. |
| CLOSING REMARKS: |
Mr. Kane was recognized to give closing remarks. Mr. Kane said the legislation is only asking that the defendant be taken back to the original county where the action is pending. This does not impinge on a bail bondsman’s ability to do a job. The legislation asks that a person not be arrested in one county if the action against him is pending in another county. Representative Sali expressed concern about the one day limit. Mr. Kane said this time limit is for the filing of paperwork. Fax filing is allowable in the court. |
| MOTION: | Representative Sali moved to hold H 587 for a time certain until Monday, February 9. In support of his motion, Representative Sali said more time is needed to study the bill. Motion carried. Representative Wills asked to be recorded as voting “No.” |
| H 588: | Mr. Kane was recognized. Mr. Kane said this bill is designed to delete obsolete language from the Idaho Code pertaining to duties of the sheriff in regard to the keeping of jails. The four statutes in question were all enacted in the nineteenth century and have no application to modern correctional practices. |
| MOTION: | Representative Clark moved to send H 588 to the floor with a Do Pass recommendation. Motion carried. Representative Smith will carry the bill on the floor. |
| H 518: | Director Brent Reinke was recognized. He gave each member a handout (attached.) This legislation is an updated version of the Interstate Compact laws Idaho currently has. Eleven states have already adopted this new version. This legislation was developed at the national association council for Interstate Compact for Juveniles level. The act will become effective upon the enactment of the Compact into law by thirty-five states, or July 1, 2004, whichever is later. It amends existing code to provide for the cooperation of this state with other states to provide for the welfare and protection of juveniles and of the people of Idaho. If adopted, Idaho will cooperate fully with other states in returning juveniles to other states whenever their return is sought. If Idaho adopts the law before other states do, it will give the state an opportunity to be part of the national governing body. It is important that Idaho becomes a part of the first 35 states. The Compact will control the movement of offenders, provide for effective tracking and rehabilitation. It will protect the rights of victims and provide for supervision and training of the juveniles. |
| MOTION: | Representative Wills moved to send H 518 to the floor with a Do Pass recommendation. Motion carried. Representative Smith asked to be recorded as voting “No.” Representative Clark will carry the bill on the floor. |
| ADJOURN: | Prior to adjourning, Chairman Field said the meeting on the definition of marriage would be held on February 5 at 1:30 p.m. in the Gold Room. Each testifier will be limited to 3 minutes, except for opening remarks. There being no further business to come before the committee, the meeting was adjourned at 3:30 p.m. |
| DATE: | February 5, 2004 |
| TIME: | 1:30 p.m. |
| PLACE: | GOLD ROOM |
| MEMBERS: | Chairman Field(18), Vice Chairman Clark, Representatives Sali, Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen, Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart |
| ABSENT/
EXCUSED: |
Replacing Vice Chairman Clark was Mike Jorgenson |
| GUESTS: | See attached sign-in sheets |
| MINUTES: | Chairman Field called the meeting to order and asked the members to review the minutes. Representative Wills moved to accept the minutes of the meeting held on January 29, as written. Motion carried. The Chairman welcomed everyone and said the members received |
| HJR 9: | Chairman Field said there were long lists of people who wanted to testify. Therefore, except for opening remarks by one of the sponsors, the testimony would be limited to three minutes in order that all might be heard. The same testimony should not be repeated. If that is the case, it would be appreciated if the testifiers would state their name and whether they are for or against the resolution. Representative Kulczyk was recognized to explain the legislation. Representative Kulczyk started his remarks by thanking the Chairman |
| CON: | John Hummel was recognized to testify. Mr. Hummel said he is an Idaho native and a licensed attorney who has practiced law in the state of Idaho since 1986. He is also a gay man. He opposes passing the resolution for many reasons. We are debating this discriminatory legislation when there are many other important issues confronting this state. The resolution is redundant since the Legislature enacted legislation covering this issue several years ago. The mere act of presenting this amendment to the electorate for consideration in a costly election will stir up prejudice and create division among Idahoans. The cost of placing this issue on the ballot will be $40,000 to $50,000. Mr. Hummel said he would rather see this money spent on education. Also, five years ago his partner of nine years died suddenly. At the hospital, Mr. Hummel used his medical power of attorney to make decisions about his care. He had written a will that left his property to Mr. Hummel, and Mr. Hummel probated that will in Ada County and received his property. If this resolution passes, those decisions might be challenged by a court. This amends the highest law in this state and should be changed only when absolutely necessary and when the public is presented with compelling reasons for doing so. |
| PRO: | Allen Gorin was recognized. Mr. Gorin said he represents the Idaho Chapter of Jewish Coalition. The concept of marriage came from the Jews. Adding this amendment is necessary to protect that concept. |
| CON: | Bishop Harry Bainbridge, Episcopal Diocese of Idaho, was recognized. The Bishop said all of us are interested and concerned that we have a healthy society and strong family values. This bill under consideration does not promote this goal. It says that liberty and justice are not for all, but just for the majority of the population. It will divide our community. |
| PRO: | Julie Lynde was recognized. Ms. Lynde said she represents Cornerstone which fully supports the resolution. |
| CON: | Don and Susan Curtis of Boise were recognized. They have been married for 37 years. This current legislation is not aimed at solving any problem. It makes a scapegoat out of gays and lesbians. No gain will be had by passing this legislation. The gay and lesbian population are not enemies, but are part of the human family. Please do not pass this legislation. |
| PRO: | Darci Gromolski was recognized. Mrs. Gromolski said she is a housewife and mother and she supports the resolution. |
| CON: | Robert McDiarmid was recognized to testify. Mr. McDiarmid said he is a board member of Your Family Friends and Neighbors, and a gay citizen of Idaho. This proposed amendment to the constitution would bar marriage between gay people. This proposal bashes gay people in Idaho. This bill is really about hate. The Chairman corrected Mr. McDiarmid by saying hate is not the issue here. Mr. McDiarmid said he respectfully disagreed. He concluded his remarks by saying he and his partner love Idaho and lead a quiet life. They are not a threat to the state. |
| PRO: | Brian Gromolski was recognized. Mr. Gromolski said he is a father of three and has been married for ten years. He supports the legislation. Marriage is a sacred institution between one man and one woman. |
| CON: | Agnes Burkholder was recognized to testify. Mrs. Burkholder said she has been married for 61 years. She asked the members to table this resolution. She doesn’t feel that it will help the families at all. |
| CON: | Paul Rolig was recognized. Mr. Rolid said he opposes this bill because he doesn’t believe that all marriages have to be exactly the same. It is his family’s belief that legalizing same-sex marriage in no way threatens his marriage or anyone else’s. His wife and he believe the most important purpose of government is to secure people’s rights to life, liberty, and the pursuit of happiness. This proposed amendment secures no one’s life, no one’s liberty and no one’s happiness. |
| PRO: | David Snyder was recognized. The question is not whether we are going to have an amendment. It is whether morality can be legislated. Government established marriage between a man and woman. God legislates morality. This legislation would secure a building block on what marriage is all about. |
| CON: | Marty Durand was recognized. Ms. Durand said the ACLU of Idaho strongly objects to the proposed anti-gay constitutional amendment. This amendment seeks to deprive loving lesbian and gay couples in this state of any mechanism for ensuring that the law recognizes their emotional and financial commitment to one another. The proposed amendment is fundamentally unfair and, moreover, constitutionally deficient. If the state legislature were to approve this amendment, it would do so with the intent of fencing lesbian and gay couples out of any form of civil equality. Such action would violate the constitutional guarantee of equal protection of the laws. |
| PRO: | Jean Luze Revaul stood in support of the resolution. |
| CON: | Mary Knodell of the Unitarian Universalist Church of Boise was recognized. Ms. Knodell said legislation should honor the worth and dignity of each human being. Please vote against this resolution. |
| PRO: | Gloria Pfost was recognized. Ms. Pfost said she supports this resolution. She believes it would be good to give a message to the rest of the country that Idaho stands for marriages between men and women. Man was created to be able to reproduce with a woman. The citizens of Idaho stand with our legislators. |
| CON: | Tina Alexanderson was recognized. Ms. Alexanderson said she is opposed to this legislation. She reveres the constitution. This legislation hurts her and her family. They cannot enjoy the benefits enjoyed by heterosexual couples. She said she didn’t choose homosexuality and asked the members not to sanction discrimination. |
| CON: | Reverend Susan Watterson, First Congregational Church of Boise, was recognized. Pastor Watterson said she is in opposition to the passage of the resolution for many reasons, but chiefly because of her Christian convictions. The United Church traces its roots back to the Reformers, Martin Luther, John Calvin and other courageous and visionary men and women of faith who worked for justice for all God’s people. She said we are many members, but are all one body in Christ. We all have different gifts. We are called to love our neighbor as ourselves. We believe that lesbian, gay and bisexual people share with all others the worth that comes from being unique individuals. |
| CON: | James Mandell was recognized. Mr. Mandel said he has been married for 22 years and has three children. He teaches the children love and kindness and honesty. If one of his children turns out to be gay, he will love that child just as much. We should spend more time helping and loving others. |
| CON: | Reverend Betty Luginbill was recognized to testify. She said sometimes in our efforts to fix something we don’t like, we open a can of worms that is far worse than what we wanted to fix. Certain basis human rights and civil liberties are due all persons, including homosexual persons. There is an issue of simple justice in protecting their rightful claims where they have shared material resources, pensions, guardian relationship. Mutual powers of attorney and other lawful claims attendant to contractual relationships. |
| CON: | Lee Flinn, Idaho Women’s Network, was recognized. The network opposes HJR 9. The legislation is divisive and discriminatory. Please protect the quality of life for all citizens of Idaho. |
| CON: | Marilyn Stein was recognized. She prefaced her speech by saying much of what the committee is here today to decide is already in Idaho Statute. She works for an ammunition company which allows her to take advantage of most of the medical, dental and vision insurance benefits for herself and her same-sex partner, Karen Ross. She and her partner have documentation attesting to their committed union in wills, durable powers of attorney, notarization of our union for proof for her company. However, she is taxed on the insurance money for her partner. Also, under today’s marriage rules, her partner would get nothing from Social Security. This is about the state of Idaho being fair and doing right. |
| CON: | Karen Ross was recognized. Ms. Ross said she is a direct descendant of Betsy Ross of American Flag/Daughters of the American Revolution fame. She was raised in a Fundamentalist family. She met her soulmate and the two have committed themselves to each other. We are not a threat to society. |
| PRO: | Fred Riggers was recognized to give his testimony. Mr. Riggers said he has been married to the same woman for 40 years. He has a lot of children and grandchildren. He puts his trust in the legislature. He believes the legislature will do the right thing. |
| CON: | Leslie Goddard, director of the Idaho Human Rights Commission, spoke in opposition to the resolution. Idaho already has a statute holding that same-sex marriages violate the public policy of this state and are not recognized here. This law was passed in 1996. There is currently a division of opinion as to whether it is a good or a bad law. There is no need to rush into an amendment of the Idaho Constitution because of what happened in Massachusetts. Give the courts a chance to look at Idaho’s law and let us know if we have a problem. Let’s give the very important issues about marriage time for considered judgment by the people of Idaho and the court system. Do not carve out certain people from our Constitution and deny them the right to equal treatment under the law. |
| CON: | Brian Anthony was recognized. Mr. Anthony said he cannot enjoy the benefits of marriage. The world is divided into two camps – those who have rights and those who do not. The sponsors of this bill don’t understand equal protection for all. He and his partner are proud Idaho natives and deserve better. |
| CON: | Nicole LeFavour was recognized. Ms. LeFavour pointed to a lack of merit of this constitutional amendment. The majority of the people in this room oppose this bill. Ms. LeFavour asked the members to vote their conscience. |
| CON: | Alex Neiwirt was recognized. Mr. Neiwirt is a fourth generation Idahoan. This is a constitutional amendment which would alter the Idaho Constitution. He urged the representatives to stand against its passage. |
| CON: | Rev. Elizabeth Beck, pastor of the First Presbyterian Church of Emmett, was recognized. Rev. Beck stood in opposition to the resolution. It seeks to radically change the Constitution which was written to protect the rights of all citizens of this state. The proposed legislation seeks to deny the rights of non-heterosexuals to enter into committed relationships that are the equivalent of marriage. Most people of faith are strongly in favor of granting civil rights to every citizen of Idaho, regardless of sexual orientation. She asked the Committee to take a positive stand for all the people of Idaho and vote against this mean-spirited legislation. |
| CON: | Sara Kelly was recognized. Ms. Kelly said she and her partner are raising a beautiful son, Nicholas. She wants her son to be raised in a loving, accepting community. |
| CON: | Heather Scott was recognized. Ms. Scott said this resolution shows discrimination. This will not protect the children. Children will learn that only a relationship between a man and woman is recognized as a family. She asked the Committee to consider whether the Committee needs to pass the bill and, if so, why. |
| CON: | Warren Bean was recognized. Mr. Bean asked the Committee to table this resolution. This is a national issue. Study what the consequences would be if it is passed. Society is moving to be more gracious. |
| PRO: | David Snyder was recognized. He said the institution of marriage is an ancient one. Because of the times, it has been necessary to redefine marriage. Homosexual couples cannot have biological children. It is essential that we define marriage and the state should make laws on moral issues. |
| PRO: | Jared Hawk was recognized. Mr. Hawk said this issue is not about money. Relationships between homosexuals are real. If they adopt, the genes don’t determine the degree of love that a child will receive. However, our society has shown that children are raised best by having a mother and a father. Therefore, Mr. Hawk said he supports the resolution. |
| CON: | Sean Kelly was recognized. Mr. Kelly said he is a teacher. We try to promote tolerance in our school. What kind of message will this resolution send to our young people. Many children grow up with only one parent and they don’t do very well. Children need two parents, regardless of their sexual orientation. |
| PRO: | House Republican Leader Lawerence Denney was recognized to give closing remarks. Representative Denney said this is a moral issue and it is necessary to establish boundaries. If everyone is allowed to do what they want, we will have chaos. Tolerance is considered to be one of the highest values of modern society. You cannot make people moral through legislation. However, we can and we must legislate moral laws. The family is the cornerstone of our society. When the family collapses, it is the children who are damaged. On a massive scale, the community crumbles. In closing, Representative Denney reiterated that we must establish boundaries and this is one of those boundaries. |
| MOTION: | Representative Sali moved to send HJR 9 to the floor without recommendation. |
| SUBSTITUTE MOTION: |
Representative Pasley-Stuart moved to hold HJR 9 in Committee. |
| AMENDED SUBSTITUTE MOTION: |
Representative Nielsen moved to send HJR to the floor with a Do Pass recommendation. During a discussion on the motion, Representative Boe said she was opposed to the legislation. It is unnecessary and divisive. It is irresponsible to try to change our Constitution. Representative Shirley said he respects the right of people to make their choices. Most choice in this country is made under the umbrella of law. He said he has the obligation to preserve those parts of our culture and past that are most beneficial to the whole community. He supports the amendment. Representative Ring said he had some heartburn with the bill. He felt it was mean-spirited and overkill. Therefore, he stands in opposition to its passage. Representative Pasley-Stuart said she was opposed to the motion. We currently have laws in place and it violates the 14th amendment. It is unnecessary and unwise. Representative Sali said it would be irresponsible not to send this to the floor. The public policy of this state should not be established by the court system. Representative Smith spoke in opposition to sending the resolution to the floor. Representative Andersen said this should go to the people of the state in order for them to vote their conscience. A roll call vote was requested. |
| ROLL CALL VOTE: |
Voting Aye – Representatives Field, Sali, Ellsworth, Harwood, Edmunson, Kulczyk, Nielsen, Shirley, Wills and Jorgenson, substituting for Clark. Voting Nay – Representatives Smith, Ridinger, Ring, Boe, Andersen and Pasley Stuart. 10-6-0. Motion carried. |
| ADJOURN: | Chairman Field thanked all those who attended the meeting. There being no further business to come before the Committee, the meeting was adjourned at 4:35 p.m. |
| DATE: | February 9, 2004 |
| TIME: | 1:30 p.m. |
| PLACE: | Room 404 |
| MEMBERS: | Chairman Field(18), Vice Chairman Clark, Representatives Sali, Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen, Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart |
| ABSENT/
EXCUSED: |
None |
| GUESTS: | See attached sign-in sheet |
| MINUTES: | Chairman Field called the meeting to order and asked the members to review the minutes. Representative Wills moved to accept the minutes of the meeting held on February 5, as written. Motion carried. |
| RS13859: | The Chairman recognized Representative Sali to explain the proposed legislation. This legislation requires independent medical examinations to be performed by qualified, independent, impartial and unbiased providers. The examination shall be performed by a physician or surgeon in good standing who is licensed in Idaho. If there is not a qualified provider in Idaho, someone from out state could be utilized. The party being examined shall have a right to a copy of any examination report. |
| MOTION: | Representative Shirley moved to introduce RS13859. Motion carried. |
| RS13901: | The Chairman recognized Representative Wills. This bill amends Section 1-703, Idaho Code, which creates the office of administrative judge of a judicial district to provide that the administrative judge shall serve a period of time established by rule of the Idaho Supreme Court. This amendment would authorize the Supreme Court to designate the period of time an elected or appointed administrative judge serves, thereby helping to assure a greater depth of experience and continuity of leadership. |
| MOTION: | Representative Ellsworth moved to introduce RS13901. Motion carried. |
| RS13903: | Representative Smith was recognized to explain. Representative Smith said this bill adds a new section to Chapter 2, Title 5, Idaho Code, relating to statutory time limitations for filing legal actions to postpone the last day for commencing an action or filing a document if the last day falls on a day on which the office of the district court clerk is closed due to extreme weather conditions or an emergency or threatened emergency. Representative Smith said this is a good bill and should be introduced. |
| MOTION: | Representative Sali moved to introduce RS13903. Motion carried. |
| RS13960: | Representative Shirley was recognized to explain. This proposed legislation comes from the Supreme Court. It adds a new Section 32-1406 to the Idaho Code, to authorize the Idaho Supreme Court to establish a statewide uniform cost recovery fee schedule to assist counties with the cost of providing court generated legal forms and written materials, training, and other services provided in connection with court assistance offices and coordinated family services. The bill will assist counties in recovering some of their costs. The fees established by the Supreme Court will be reasonably related to and will not exceed the actual costs involved. |
| MOTION: | Representative Sali moved to introduce RS13960. Motion carried. |
| RS13818C1: | Representative Harwood was recognized. This proposed amendment would simply add Head Start, preschools, day care centers, family day care homes, or group day care facilities to the fixed minimum sentence in drug cases occurring within 1000 feet of public or private primary or secondary schools. |
| MOTION: | Representative Clark moved to introduce RS13818C1. Motion carried. |
| H 587: | The Chairman recognized Michael Kane, representing the Idaho Sheriff’s Association. This bill was held over for a time certain in order that the bail bond people could be consulted and their problems with the language resolved. This bill shifts the duty of filing certificates of surrender from the county sheriff to the surrendering bondsman. Mr. Kane suggested that the bill be sent to General Orders, deleting the proposed subsection 3. The other amendment on subsection 2 would remain in the legislation. |
| MOTION: | Representative Clark moved to send H 587 to General Orders with Committee amendments attached, deleting subsection 3. Motion carried. Representative Clark will carry the bill on the floor. |
| H 519: | Major Ralph Powell was recognized to testify. Major Powell said this bill seeks restitution for the analysis of controlled substances for conviction on misdemeanor drug offenses, as well as felony drug offenses. The laboratory performing the analysis incurs the same expense regardless of whether the evidence results in a felony or misdemeanor conviction. This legislation could generate up to $50,000 annually for the Idaho State Police. These funds will be used to pay for a portion of the cost of analysis. |
| MOTION: | Representative Wills moved to send H 519 to the floor with a Do Pass recommendation. Motion carried. Representative Edmunson will carry the bill on the floor. |
| H 520: | Director Dan Charboneau was recognized. The Director said this proposed amendment adds a definition of “DNA analysis,” provides for the additiona of two new classes of offenders: felony burglary and felony domestic violence; and provides that persons subject to section 19-5506 may be ordered by the court to pay restitution to help offset costs incurred by law enforcement agencies for the expense of DNA analysis. Burglars are known to have a high correlation with rape. Domestic assaults likewise are violent crimes often leading to rape or homicide. Inclusion of these crime categories in the DNA database will increase law enforcement’s ability to identify and more quickly bring to justice the perpetrators of violent crimes. |
| CON: | Marty Durand, ACLU, was recognized. Ms. Durand said the ACLU urges the Committee to put an end to the progressive expansion of DNA collection. DNA collected not only reveals personal information, but it also reveals personal information about that person’s blood relatives. There are grave concerns for personal privacy. There is a tremendous potential for abuse. This bill has cast too wide of a net. Please hold it in Committee. |
| PRO: | Major Powell was recognized. Major Powell said the intent of the bill is to allow restitution of expenses related to DNA analysis. Burglary is always a felony. Other thefts are considered petty larceny or petty theft. |
| CON: | Dennis Benjamin was recognized. Mr. Benjamin said this proposed legislation still needs some drafting work. He suggested that on page 2, subsection (g), the words “except in those cases where the defendant planned a petty theft;” be added. |
| PRO: | Chief of Police Don Pierce was recognized. This piece of legislation should be viewed as a proactive move to protect citizens. This is not retroactive. It is directed to help protect future victims of rape or murder. It allows law enforcement to have a very effective tool to identify a rape suspect. This is a fundamental crime prevention bill. |
| PRO: | Detective Morgan was recognized. The Detective said in the past a suspect raped at least five women. He had been convicted of a previous burglary. If this law had been enacted, those rapes might possibly have been prevented. DNA is a genetic fingerprint. Please consider this bill as an additional tool to help prevent violent crimes. |
| PRO: | Michael Kane was recognized. Mr. Kane said this is a good law enforcement tool. The burglary here is not a crime of petty theft. This will help stop felons from entering a house unlawfully. Burglary is also the entering of a house with the intent to commit other kinds of crimes. The DNA test itself takes about ten seconds and is non-invasive. |
| PRO: | Heather Reilly, Chairman of the Law Enforcement Legislative Council, was recognized. Ms. Reilly said this is a community protection issue. The LELC voted unanimously to support this legislation. |
| MOTION: | Representative Nielsen moved to send H 520 to the floor with a Do Pass recommendation. |
| SUBSTITUTE MOTION: |
Representative Sali moved to send H 520 to General Orders with Committee amendments attached, those amendments being on page 2, after the end of subsection (g), the words “,except in those cases where the defendant planned a petty theft;” be added. In opposition to the Substitute Motion, Representative Wills said this language is very clear on what burglary is. This will help prevent serious crimes from happening. It is a necessary tool. Representative Boe voiced concern about the expansion of information and the possibility of misuse. Representative Kulczyk spoke in support of the Substitute Motion. |
| AMENDED SUBSTITUTE MOTION: |
Representative Ridinger moved to send H 520 to General Orders with Committee Amendments attached, which would be to delete lines 40 and 41 on page 3. Division was called for. Motion failed. |
| SUBSTITUTE MOTION: |
The Substitute Motion was to send H520 to General Orders with Committee amendments attached as stated previously. Division was called for. Motion failed. |
| ORIGINAL MOTION: |
The Original Motion was to send H 520 to the floor with a Do Pass recommendation. Motion carried. |
| ADJOURN: | Prior to adjourning, Chairman Field said the Committee will meet again on Wednesday, February 11. Another controversial bill will be on the agenda at that time. There being no further business to come before the Committee, the meeting was adjourned at 3:35 p.m. |
| DATE: | February 11, 2004 |
| TIME: | 1:30 p.m. |
| PLACE: | Room 404 |
| MEMBERS: | Chairman Field(18), Vice Chairman Clark, Representatives Sali, Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen, Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart |
| ABSENT/
EXCUSED: |
None |
| GUESTS: | See attached sign-in sheet |
| MINUTES: | Chairman Field called the meeting to order and asked the members to review the minutes. Representative Wills moved to accept the minutes of the meeting held on February 9, as written, with a spelling error corrected which the secretary was aware of. Motion carried. |
| RS13900: | The Chairman recognized Representative Eskridge to explain the proposed legislation. This legislation was drafted at the request of the Boundary County Commissioners. The purpose of the legislation is to expand application of Idaho Code relating to vicious dogs and to allow for the destruction of vicious dogs on a first violation if the court deems it necessary. |
| MOTION: | Representative Clark moved to introduce RS13900. Motion carried. |
| RS13549: | The Chairman recognized Representative Harwood to explain. This legislation creates a private right of action for persons injured by false testimony, presentation of false scientific principles and filing of documents which include false or misleading information. Liability can be established only when the person knew or should have known the information was false or when the person intended the information to be misleading. |
| MOTION: | Representative Ellsworth moved to introduce RS13549. Motion carried. |
| RS14049 (repl. H 573) |
The Chairman said this proposed legislation replaces H 573 and Heather Reilly was recognized to explain. The courts made some comments on the bill and, in order to satisfy those comments, this new proposed legislation was drafted. This is basically the same bill. On the bottom of page 2, “maliciously” has been added. Also, on page 2, the word “or” has been added after each subsection. On page 3, family or household member has been redefined. Ms. Reilly said this is a cleaner piece of legislation. |
| MOTION: | Representative Sali moved to introduce RS14049. Motion carried. |
| RS13865: | Representative Nielsen was recognized to explain. This proposed amendment permits the trustee of an estate to publish a Notice to Creditors, in exactly the same manner as the personal representative of a probate estate, and provides that creditor claims that are not presented within the specified time after publication of the notice are permanently barred. The procedure for publishing notice, time for making of claims, and barring of claims not presented within the statutory period are all identical to the procedures for probate estates provided by the Uniform Probate Code. |
| MOTION: | Representative Kulczyk moved to introduce RS13865. In support of his motion, Representative Kulczyk said this bill will help resolve trust estates in a more timely manner. Motion carried. |
| RS13923: | The Chairman recognized Representative Jaquet to explain. This legislation amends Chapter 33, Title 18, Idaho Code, relating to threats of violence on school grounds. A new section, 18-3302H, has been added which provides that any person who willfully threatens to commit an act of violence on school grounds by use of a firearm, explosive, or deadly or dangerous weapon is guilty of a misdemeanor. |
| RS14044: | Representative Boe was recognized. This resolution would direct the Legislative Council to appoint a task force to study and evaluate criminal sentencing and parole practices in Idaho and to make recommendations. Over 25 states have done similar studies and realized substantial savings in correction costs. Representative Boe gave each member a hand-out on the top ten offenses resulting in minimum prison sentences of 5 years or more in Idaho (attachment.) Potentially, sentences could be reduced by changing Idaho statutes that mandate minimum sentences, codifying sentencing guidelines to create more uniformity with an oversight body, or by providing incentives in prison with “good time” for prosocial behaviors instilled with rehabilitation services. The table shows the total savings that could be generated if the time spent in prison by inmates were reduced by six months. The offenses listed have been characterized as non-violent. |
| MOTION: | Representative Ellsworth moved to introduce RS14044. Motion carried. |
| HCR 38: | Representative Ellsworth was recognized to testify. This legislation provides for a joint rule that would make it mandatory to have testimony under oath during a bond hearing. The resolution is a result of conversations and discussions with individuals who want to raise the bar. By statute, the state already has this option. The only difference is that this legislation would make it mandatory. The Chairman questioned who would administer the oath. Representative Ellsworth said the chairman or a person authorized by law to administer oaths. |
| MOTION: | Representative Sali moved to send HCR to the floor with a Do Pass recommendation. In support of his motion, Representative Sali said telling the truth is very important. Representative Clark spoke in opposition to the motion. Motion carried. Representative Nielsen asked to be recorded as voting “No” on the motion. |
| H 590 | The last item on the agenda was H 590 and the Chairman recognized Ed Lodge to explain. Mr. Lodge said he represents the Idaho Lodging and Restaurant Association. The Idaho Food Industry needs help today and respectfully asks the committee to support this bill. This legislation protects all those in the chain of commerce. The legislation defines “food” in accordance with the Federal Food, Drug and Cosmetic Act. It provides protection from civil liability for any claim arising out of weight gain, obesity, health conditions associated with weight gain or obesity, or generally known obesity related conditions caused by long-term consumption of food. The legislation sets out specific pleading requirements that a plaintiff must meet before a lawsuit can move forward. Mr. Lodge asked that the bill be sent to general orders with committee amendments attached which would add the words “obesity-related” to the language of the bill. Mr. Lodge said this bill will help prevent frivolous law suits. |
| MOTION: | Representative Sali moved to send H 590 to General Orders with the following committee amendments attached: on page 1 of the printed bill, in line 22, following “known” insert: “obesity-related”; in line 28, following “known” insert: “obesity-related”; on page 2, in line 7, following “known” insert: “obesity-related”; and in line 8, delete “a condition” and insert: “an obesity-related condition.” In opposition to the motion, Representative Smith questioned if the legislature is going to start passing special legislation for a special interest group, where then does it stop. This bill is talking about frivolous lawsuits. Representative Clark spoke in opposition saying it is amazing that the legislature is going to try to regulate a Commonsense Consumption Act. It will be passing a law about somebody being obese. Representative Sali remarked that it does seem a little odd to legislate this, but there will be lawsuits. This is unfortunately a necessary bill to protect the Idaho Food Industry. Roll call vote was requested. |
| ROLL CALL VOTE: |
Voting AYE – Representatives Field, Sali, Ellsworth, Ridinger, Harwood, Edmunson, Kulczyk, Nielsen, Ring, Shirley and Wills. Voting NAY – Representatives Clark, Smith, Boe, Andersen, Pasley-Stuart. 11-5-0. Motion carried. |
| ADJOURN: | Chairman Field said this is our last day to hear proposed legislation in this committee. It is also the last meeting for our page, Kara Harmon. The committee will not meet on Friday. There being no further business to come before the committee, the meeting was adjourned at 2:40 p.m. |
| DATE: | February 17, 2004 |
| TIME: | 2:20 p.m. |
| PLACE: | Room 404 |
| MEMBERS: | Chairman Field(18), Vice Chairman Clark, Representatives Sali, Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen, Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart |
| ABSENT/
EXCUSED: |
None |
| GUESTS: | See attached sign-in sheet. |
| MINUTES: | Chairman Field called the meeting to order, apologized to the guests for starting late, and asked the members to review the minutes. Representative Kulczyk moved to approve the minutes of the meeting held on February 11, with two corrections on page 2 which he had spoken to the secretary about. Motion carried. |
| H 643: | Chairman Field recognized Representative Smith to explain the bill. The statute of limitations is something attorneys live in fear of. This bill tolls the statute of limitations. It adds a new section to the Code which allows the postponement of the last day for commencing an action or filing a document if the last day falls on a day on which the office of the district court clerk is closed due to extreme weather conditions or an emergency or threatened emergency. |
| MOTION: | Representative Clark moved to send H 643 to the floor with a Do Pass recommendation. Motion carried. Representative Smith will carry the bill on the floor. |
| H 571: | Representative Ring was recognized to explain the bill. This bill relates to the Drug Courts which have become the most successful treatment programs in the state with the lowest recidivism. This proposal is intended to close a loophole in the law which allowed a participant to get out of paying any costs if he dropped out of the program or was dismissed. This bill is intended to ensure that all participants are accountable for the costs and fees that were incurred during their participation in the program. |
| MOTION: | Representative Boe moved to send H 571 to the floor with a Do Pass recommendation. Motion carried. Representative Ring will carry the bill on the floor. |
| H 609: | Monte MacConnell was recognized to explain. Mr. MacConnell said this legislation will provide that victim impact evidence is both relevant and admissible at the sentencing phase of a capital case. The bill also provides guidelines for the content of that testimony. |
| PRO: | Kathy Figueredo was recognized. Ms. Figueredo said her daughter was murdered. The daughter had been a vital part of the family and of Mountain Home. It is essential for victim’s families to have a voice. This legislation will give our citizens a voice in order to speak for those who are murdered. |
| PRO: | Jessica Terry was recognized. Jessica’s sister was murdered. She was before the Committee to speak on behalf of her sister. This legislation would allow victim impact information which is very important in these cases. |
| PRO: | Darlene Shaw was recognized. Ms. Shaw said she was here today to ask the committee to vote for this bill so that family members will have a voice to provide an impact on the trial. Her daughter was a victim at 13 years of age. |
| MOTION: | After a discussion on the importance of getting the bill into law, Representative Wills moved to send H 609 to General Orders with an emergency clause added. Motion carried. Representative Wills will carry the bill on the floor. |
| H 642: | Representative Wills was recognized. This bill simply says the Supreme Court will have the discretion to set the period of time that an administrative judge will serve. This will assure a greater depth of experience and continuity of leadership in carrying out Supreme Court policies and the duties of their office. |
| MOTION: | Representative Clark moved to send H 642 to the floor with a Do Pass recommendation. Motion carried. Representative Wills will carry the bill on the floor. |
| H 644: | Representative Shirley was recognized. This bill will assist counties in recovering some of their cost of providing court generated legal forms and written materials, training covering the application and use of these documents, and other services provided in connection with court assistance offices and coordinated family services. Representative Shirley gave each member an Executive Summary (attached.) The fees established by the Supreme Court will be reasonably related to and will not exceed the actual costs involved in furnishing the forms or providing the other services. |
| MOTION: | Representative Clark moved to send H 644 to the floor with a Do Pass recommendation. Motion carried. Representative Shirley will carry the bill on the floor. |
| H 668: | Heather Reilly was recognized to explain the legislation. Ms. Reilly said she was presenting the bill at the request of Representative Field. This legislation repeals Section 18-7905, Idaho Code, relating to stalking, and adds a new section 18-7905 to provide for the crime of stalking in the first degree and to define terms and set forth punishment. Chapter 79, Title 18, Idaho Code, is amended by the addition of a new section, 18-7906, to provide for stalking in the second degree, to define terms and to set forth punishment. Section 19-603 is amended to provide a code reference and descriptive language. |
| PRO: | Kathy Peterson was recognized to give her testimony. Ms. Peterson said she is a victim of stalking. A former fiancé threatened her life. He conned her out of around forty thousand dollars and carved on his belt that she would die when she broke up with him. The judges in misdemeanor court did not seem to take the matter very seriously. She had a civil restraining order which he violated. He also violated a no contact order. He has been in and out of mental hospitals. He has also made threats to others. In conclusion Ms. Peterson asked that the law be changed by passing this bill. It is necessary to tell the perpetrators that this type of stalking is a serious crime. It needs to be a felony. |
| PRO: | Heather Reilly was recognized to respond to questions asked by the committee. She confirmed that the language on page 2, lines 12 and 13 would require proof of some kind of intent to use the deadly weapon or instrument, a brandishing or some other similar serious act, in order to be an aggravating circumstance sufficient to elevate a second degree stalking charge to stalking in the first degree. Ms. Reilly also confirmed that the less serious crimes included in Chapters 9, 15 and 61 of Title 18 would not be sufficient to elevate a second degree stalking charge to stalking in the first degree. |
| MOTION: | Representative Sali moved to send H 668 to the floor with a Do Pass recommendation. Motion carried. Representative Field will carry the bill on the floor. |
| ADJOURN: | Prior to adjourning, Chairman Field said the time has been reached when the committee must move along on the bills. We will try to hear the remainder of the bills in the committee by the end of February. There will be a meeting on Friday, February 27, immediately upon adjournment. There being no further business to come before the committee, the meeting was adjourned at 3:45 p.m. |
| DATE: | February 19, 2004 |
| TIME: | 1:30 p.m. |
| PLACE: | Room 404 |
| MEMBERS: | Chairman Field(18), Vice Chairman Clark, Representatives Sali, Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen, Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart |
| ABSENT/
EXCUSED: |
None |
| GUESTS: | See attached sign-in sheet |
| MINUTES: | Chairman Field called the meeting to order and asked the members to review the minutes. Representative Ridinger moved to accept the minutes of the meeting held on February 17, as written. Motion carried. |
| H 609: | Chairman Field said an amendment to the bill adding an emergency clause has already been drafted. However a suggestion had been made to change the word “evidence” wherever it appears in the bill to “information.” If there is no objection from the members, that change would also be reflected in the amendments. There being no objection, the word “evidence” was changed to “information.” |
| H 589: | Representative Pasley-Stuart was recognized to explain. This legislation amends a section of the code relating to the licensed bail agent empowering persons to arrest a defendant for surrender. The bill would protect the public by requiring that persons designated by a bail agent to make arrests of criminal defendants be licensed and insured. An amendment was drafted for the bill which would require that the person be at least twenty-one years of age or older and not convicted of a felony. |
| MOTION: | Representative Clark moved to send H 589 to General Orders with Committee amendments attached. Those amendments would be: on page 1, line 12, delete “other person licensed as a bail agent”; and delete line 13, and insert: “other person not convicted of a felony and at least twenty-one (21) years of age or older.” Motion carried. Representative Pasley-Stuart will carry the bill on the floor. |
| H 640: | Representative Sali was recognized to explain. This legislation deals with independent medical examinations. It will make sure that these examinations are performed by an unbiased physician. Amendments to the language have been drafted to remove “in the best interests of”. The bill is really designed to get rid of some doctors who already have an opinion on a case. Sometimes those who are hired act as hit men. This happens very rarely, but it does happen. The amendments also add an emergency clause. Again, generally when an independent medical examination is ordered, the person doing the exam is unbiased. However, on those few occasions when that is not the case, this bill would prevent this from happening. |
| CON: | Allyn Dingel, representing State Farm Insurance Companies, was recognized. Mr. Dingel said he would also testify in behalf of Mr. Phil Barber who represents the American Insurance Association. With all due respect, Representative Sali inferred that hit men were hired. That was a defamatory statement. Saying that the doctor must be qualified, impartial and unbiased is a direct attack on the medical association. Current law provides that the other side in these cases may be present during the examination. Some plaintiffs don’t like the opinion the doctor has given. This is why we have courts. It is the law already that a doctor be qualified. The law also requires that the other side be given a copy of the results of the examination. There are plaintiffs in Spokane, Wallace and Twin Falls, Idaho. These people will go to doctors in their town, or perhaps they will go to doctors who practice in Spokane and Salt Lake City. Almost the same legislation was brought before the Legislature last year. This is bad legislation and somewhat mean-spirited. |
| PRO: | Marcee and Deb Monahan, daughter and mother, were recognized to give their testimony. Marcee was hit by a school bus when she was 14 years of age. An independent medical exam said that her injury was to soft tissue, which should heal within 120 days. Marcee is now 21 years of age and still suffers from the injury. Deb Monahan, the mother, said that five or six years later, opposing council said the accident was the child’s fault. The case went to trial. Marcee should never have been put through that. The jury decided on behalf of Marcee. |
| REBUTTAL: | Representative Sali was recognized. He said he stated earlier that most of the time hit men are not normally the case. He cited a person injury claim he represented where he felt the doctor was biased. The judge said the defense can choose whomever they want. This bill would remedy that problem. Also, permission can be obtained from a court to go to an out-of-town doctor for the independent medical examination. This bill would not be used often, but would only get rid of the most extreme cases of bias. This is a much narrower bill than was presented last year. Representative Smith said he was sympathetic with what Representative |
| MOTION: | Representative Harwood moved to send H 640 to the floor with a Do Pass recommendation. |
| SUBSTITUTE MOTION: |
Representative Sali moved to send H 640 to General Orders with Committee amendments attached deleting on line 14 “in the best interests of” and inserting “upon” and adding an emergency clause. |
| AMENDED SUBSTITUTE MOTION: |
Representative Ring expressed concern over the language being too vague and moved to hold H 640 in Committee. Roll call vote was called for. |
| ROLL CALL VOTE: |
Voting AYE-Representatives Field, Clark, Smith, Ridinger, Edmunson, Nielsen, Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart. Voting NAY-Representatives Sali, Harwood, Kulczyk. 12-3-1. Motion carried. H 640 will be held in Committee. |
| H 641: | Representative Harwood was recognized to explain. Representative Harwood said this legislation amends Section 37-2739B and Section 20-525A, Idaho Code Fixed Minimum Sentence in Drug Cases occurring within 1000 feet of public or private primary or secondary schools. This bill adds head start, preschools, day care centers, family day care homes or group day care facilities. That’s all the bill really does. In answer to a question, Representative Harwood said the police and prosecuting attorney measure the 1000 feet. |
| CON: | Marty Durand with the ACLU was recognized. Ms. Durand said the ACLU is not opposed to the intent of the legislation. However, the bill could raise serious due process concerns. Unlike primary or secondary schools which are clearly designated as such, many day care facilities are not obviously discernible. Existing law does not appear to require day care facilities to post signs or other outside identification. How would the bill deter a defendant from manufacturing or delivering drugs close to a day care facility, when the defendant may not even know it exists. The same would be true regarding family day care centers if a woman with 2 or 3 children eating lunch in a public park is actually a family day care-sponsored picnic. |
| MOTION: | Representative Ridinger moved to send H 641 to the floor with a Do Pass recommendation. Motion carried. Representative Harwood will carry the bill on the floor. |
| H 664: | Representative Harwood was recognized. This bill creates a private right of action for persons injured by false testimony, presentation of false scientific principles and filing of documents which include false or misleading information. Liability can be established only when the person knew or should have know the information was false or when the person intended the information to be misleading. |
| CON: | Justin Hayes representing the Idaho Conservation League was recognized. This bill is so extreme that it can be used to attack people who disagree. It is a recipe for massive “tit for tat” litigation. The court already has a good handle on perjury. This language is too broad. It would harm people who are simply misinformed. This measure is bad law. |
| CON: | Phil Barber, Idaho Council for the American Insurance Association, was recognized. Mr. Barber said the bill is an inspiration to litigation. There are already ways to solve these problems. This just creates an abundance of litigation. The real answer is the marketplace of ideas. This law could apply to city planning, city zoning, county commissioners and the PUC. This creates a new strike zone which is not good policy. The “intent to deceive” could be an intent to persuade. This bill inhibits creative decisions. |
| PRO: | Judy Bartlett, representing the Idaho Farm Bureau, was recognized. The Idaho Farm Bureau supports this bill. It simply says if you knowingly present false testimony, this law would kick in. People are harmed by false testimony. Those people who knowingly and willingly provide false testimony must be stopped. It is really important to hold people to a standard. This would cause state agencies to tell the truth. It is a good tool to hold people responsible. |
| CON: | Marty Durand with the ACLU was recognized. The ACLU opposes this legislation as unnecessary, burdensome and chilling to anyone who testifies before any fact finding body, including legislative committees. It is the duty of any fact finding body to ultimately determine what the truth is. This bill is a dangerous substitute for competent investigation and meaningful examination of witnesses. Existing procedures already provide a way to expose false testimony. Laws should not discourage public participation in government. In conclusion, Ms. Durand asked that the bill be held in Committee. |
| CON: | Allyn Dingel was recognized to give his testimony. When people lie at a hearing, their testimony is usually thrown out. The price of our freedom is eternal vigilance. Please hold in Committee. |
| CON: | Brad Dixon was recognized. Mr. Dixon said we already have perjury laws. We are required to file true documents. The court has the job of saying what kind of scientific evidence can be presented to a jury. We must rely upon our finders of fact. This Committee and a jury are finders of fact. Debate must be allowed to continue. |
| CON: | Heather Reilly, representing the Idaho Prosecuting Attorneys Assn., was recognized. The Association has concerns regarding this legislation. It does not exclude a criminal trial. This bill may allow a guilty person to file a suit against a witness. It could allow a law suit to be filed against a citizens doing his or her civic duty. |
| CLOSING REMARKS: |
Representative Harwood said this bill has to do with people telling the truth and doing what is right. When a document is filed, that document should be truthful. This legislation will provide recourse from those who file false documents or make false testimony. |
| MOTION: | Representative Sali moved to send H 664 to General Orders with Committee Amendments as follows: In line 16, after trial, striking “,or any other proceeding”; on line 18, striking “Know or should have known”; striking all of lines 21 through 27 and adding, after line 34, a new subsection (c) “This section shall not apply to testimony or documents offered in any criminal proceeding”. |
| SUBSTITUTE MOTION: |
Representative Clark moved to hold H 664 in Committee. Roll call vote was called for. |
| ROLL CALL VOTE: |
Voting AYE- Representatives Field, Clark, Smith, Ridinger, Edmunson, Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart, Field. Voting NAY-Representatives Sali, Harwood, Kulczyk, Nielsen. Motion carried 11-4-1. H 664 will be held in Committee. |
| HCR 42: | Representative Boe was recognized to explain the resolution. This legislation would direct the Legislative Council to appoint a task force to study and evaluate criminal sentencing and parole practices in Idaho and make recommendations. Over twenty five states have done similar studies of their sentencing practices and realized substantial savings in correction costs. An amendment was drafted changing on line 31 of the printed bill, the words “shall include” to “may include, but not limited to”. |
| MOTION: | Representative Smith moved to send HCR 42 to General Orders with Committee Amendments attached, changing on line 31 the words “shall include” to “may include, but not limited to”. Motion carried. Representative Boe will carry the bill on the floor. |
| ADJOURN: | There being no further business to come before the Committee, the meeting was adjourned at 4:35 p.m. |
| DATE: | February 23, 2004 |
| TIME: | 3:00 p.m. |
| PLACE: | Room 404 |
| MEMBERS: | Chairman Field(18), Vice Chairman Clark, Representatives Sali, Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen, Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart |
| ABSENT/
EXCUSED: |
None |
| GUESTS: | Representatives Jaquet and Rydalch, Officer Steve England, Tom Frost, Supreme Court |
| MINUTES: | Chairman Field called the meeting to order and asked the members to review the minutes. Representative Ring moved to accept the minutes of the meeting held on February 19, as written. Motion carried. |
| H 557: | Chairman Field said the sponsor of the bill asked that it be held in Committee. There being no objection, H 557 was so held. |
| H 666: | Chairman Field said the sponsor of the bill asked if it could be heard on Wednesday, February 25, instead of at today’s meeting. There being no objection, H 666 was moved to Wednesday’s agenda. |
| H 667: | The Chairman recognized Representative Jaquet to explain. This bill was drafted because of threats made on the lives of students at Wood River High School. The legislation adds a new section 18-3302H, Idaho Code, to provide that any person who willfully threatens to commit an act of violence on school grounds by use of a firearm, explosive, or deadly or dangerous weapon is guilty of a misdemeanor. |
| MOTION: | Representative Clark moved to send H 667 to the floor with a Do Pass recommendation. In support of the motion, Representative Clark said this legislation is long overdue and it is a good bill. |
| PRO: | Officer England of Hailey, Idaho Police Department, was recognized to give his testimony. On the last day of school at Wood River High School, a person called saying there were some students on the campus threatening to commit acts of violence. Two students were confronted at school. Once those students were confronted, other students came forward to say they were talking about bringing guns to school and shooting students. Those two students refused to go home with their parents. The parents signed papers saying they were out of parental control, so the police were able to incarcerate them over night to eliminate the potential danger to the other students on the evening of their graduation. |
| ROLL CALL VOTE: |
Voting AYE-Representatives Field, Clark, Ellsworth, Smith, Ridinger, Harwood, Edmunson, Nielsen, Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart. Voting NAY-Representative Kulczyk. 14-1-1. Motion carried. Representative Jaquet will carry the bill on the floor. |
| H 727: | Representative Rydalch was recognized to testify. This is a rewrite from a former piece of legislation. This language is more focused. The bill adds a new section to the code to provide prohibited employment locations and prohibited behavior of adult and juvenile sex offenders and owners and operators of days care centers and to provide penalties. Section 18-8328 was drafted so that rehabilitated people have a way to petition the courts to have relief, so that person could become re-employed through a petition to the courts. There is a ten-year time limit before the petition can be made. The sheriffs’ association supports the legislation and no problems have been found by the prosecuting attorneys’ association. |
| MOTION: | Representative Clark moved to send H 727 to the floor with a Do Pass recommendation. Motion carried. Representative Rydalch will carry the bill on the floor. |
| S 1207: | Tom Frost, Idaho Supreme Court, was recognized. This bill is one of a series of defects in the law bills. The bill amends Section 19-5302, Idaho Code, relating to victim restitution, to correct an erroneous reference to another Idaho Code section. It only makes a clerical change and will have no impact on the general fund. |
| MOTION: | Representative Smith moved to send S 1207 to the floor with a Do Pass recommendation. Motion carried. Representative Ridinger will carry the bill on the floor. |
| S 1208: | Tom Frost was again recognized to explain. This is another defect in the law bill. It amends Section 37-2738, Idaho Code, which authorizes the waiver of substance abuse evaluations with respect to certain first-time drug offenses, to add the non-narcotic misdemeanors described in 37-2732(c)(3) as first-time offenses which qualify for a waiver. Currently, the court lacks the authority to waive an evaluation for a first-time misdemeanor marijuana violation, which might be an appropriate candidate under the first-time offender exception. This amendment addresses that omission. |
| MOTION: | Representative Kulczyk moved to send S 1208 to the floor with a Do Pass recommendation. Motion carried. Representative Ellsworth will carry the bill on the floor. |
| S 1209: | Mr. Frost was again recognized to explain. This is the last of the defects in the law bills. It amends various sections of the Idaho Code to correct outdated references to the Youth Rehabilitation Act, which formerly covered offenses committed by juveniles. The Youth Rehabilitation Act was superseded in its entirely and replaced by the Juvenile Corrections Act in 1995. |
| MOTION: | Representative Smith moved to send S 1209 to the floor with a Do Pass recommendation. Motion carried. Representative Andersen will carry the bill on the floor. |
| ADJOURN: | Chairman Field told the members that on Friday the Committee will have heard all of the House bills and some of the Senate bills. It is the intention that all bills in Committee will be heard by March 3rd or March 5th. There being no further business to come before the |
| DATE: | February 25, 2004 |
| TIME: | 3:00 p.m. |
| PLACE: | Room 404 |
| MEMBERS: | Chairman Field(18), Vice Chairman Clark, Representatives Sali, Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen, Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart |
| ABSENT/
EXCUSED: |
Representative Sali |
| GUESTS: | See attached sign-in sheet |
| MINUTES: | Chairman Field called the meeting to order and asked the members to review the minutes. Representative Shirley moved to accept the minutes of the meeting held on February 23, as written. Motion carried. |
| H 665: | Chairman Field said the sponsors of the bill asked that it be held for a time certain at the discretion of the Chair. There being no objection, H 665 was so held. |
| H 557: | Chairman Field said the sponsor of H 557 asked that it be held in Committee. There being no objection, H 557 was so held. |
| PRESENTATION | Chairman Field recognized Lois Bauer, Administrator of the Idaho Commission on Aging to give the presentation. Ms. Bauer asked if Sara Scott, Program Operations Manager of the Adult Protection Division, could make the presentation. Ms. Scott gave each member a handout to use for future reference (attachment.) Financial exploitation and guardianship problems have been encountered when dealing with vulnerable adults. In some of these cases, the vulnerable adults are suffering from some sort of dementia or illness. The only current mechanism to hep in these cases are county boards of community guardians. These are made up of volunteers who do investigating in their spare time. Because they are volunteers who only have so much time to give, many of these cases are not investigated. When they are, the matter then must go before the court. The court is supposed to appoint a guardian ad litem. This guardian must keep the court appraised of the situation, so a report must be filed once a year. Most of the time, these reports are just being stored in court records. There is currently no mechanism between adult protection and the court to do something about a guardian taking advantage of an incompetent person. This issue needs to be studied and resolved. There is one judge in Ada County who deals with these cases. He is retiring in May. His caseload has been about 5200 cases a year. Only Ada County has a dedicated protective adult judge. |
| PRO: | Michael Blankenship, Professor at Boise State University, was recognized. Mr. Blankenship said these vulnerable adults are one of the fastest growing groups today. Research needs to be done to understand the nature of the problem. Many of these adults suffer physical and verbal, as well as financial, abuse. BSU can assist in recommending policy changes. It can also assist in training on how to discover if there is verbal, physical and financial abuse. A training program could be set up for judges, law enforcement and other care givers. Chairman Field thanked the presenters and told the members that this |
| H 531: | Representative Trail was recognized to explain. Representative Trail said he has been working with Deputy Prosecutor Douglas Whitney, to draft the bill. This legislation revises the Juvenile Corrections Act to provide that juveniles found to have committed only misdemeanor offenses can have their records expunged after one year from release from probation or at age 18, but maintains the five-year waiting period for those who commit felonies. The bill will enhance the ability for juveniles who have committed minor offenses to enter military service and other occupations earlier. It will make Idaho law more consistent with that of other western states and will act as a further incentive for juveniles to chart a different and better course for their lives. |
| PRO: | Douglas Whitney, Deputy Prosecutor for Latah County, was recognized. Mr. Whitney said this bill deals with the expungement of some of the juvenile records, allowing the juveniles to go on to lead very productive lives. It provides for expungement of records that are not currently able to be expunged. Under current law, juveniles who have committed minor crimes are treated worse than some juveniles who commit major crimes. In cases of informal adjustment, which is comparable to withheld judgment for adults, there is no allowance for expungement of records. This legislation will help remove barriers to success for these juveniles. It is just for those juveniles who accept accountability for their actions. |
| PRO: | Larry Callicutt, Superintendent of the Juvenile Corrections Center in Nampa, was recognized. Mr. Callicutt said it is currently very challenging for juveniles to get work or go into higher education. This bill will help those juveniles who want to lead productive lives. |
| PRO: | Heather Reilly, Idaho Prosecuting Attorneys Association, was recognized. Ms. Reilly said the Prosecuting Attorneys Association supports the bill. |
| MOTION: | Representative Clark moved to send H 531 to the floor with a Do Pass recommendation. Motion carried. Representatives Trail and Smylie will carry the bill on the floor. Representatives Kulczyk and Harwood asked to be recorded as voting “no.” |
| H 666: | Representative Eskridge was recognized to explain. This bill will give the court the ability to destroy a dog that poses a danger to society. It was drafted because three dogs attacked a woman in Boundary County. The dogs were driven off. However those dogs are still alive and continue to pose a threat. |
| PRO: | Ron Smith, County Commissioner for Boundary County, was recognized. A little over a year ago, Denise Dickinson, a resident of Boundary County was walking on a county road. She was attacked by three vicious dogs. Another resident charged the dogs and somehow managed to get them off of the victim. Those same vicious dogs could have attacked ten other people that day. This amendment needs to be added to Idaho Code. It allows the court, in the best interest of public safety, to order the destruction of a vicious dog on a first-time violation. |
| CON: | Dr. Jeff Rosenthal, Executive Director of the Idaho Humane Society and a veterinarian, was recognized. The Idaho Humane Society opposes the bill because it weakens current state law regulating dogs that attack and injure humans. The Humane Society conducts vicious dog hearings and imposes restrictions on the owners of such dogs, or may destroy the dog depending upon the provisions of the local ordinance in effect. The priority of the animal control division is the protection of human health and safety. The Idaho Humane Society believes that laws addressing dangerous animals should contain a clear definition of a “vicious” or “dangerous” dog, and a defined and fair process through which a dog is found to be vicious or dangerous. It should establish a procedure than an owner may follow if that owner wishes to contest the designation of vicious or dangerous and provide a required course of action for owners of dogs that have been so designated. This law is too vague. |
| CON: | Diane Mazy, representing the American Chesapeake Club, Idaho Retriever Club and Idaho Brittany Club, was recognized. Those clubs are apposed to the bill because it is unreasonable to compare a dog that may viciously attack a human with a dog that may attack a chicken. Although in some cases a court-ordered destruction of a dog may be warranted, the bill creates many gray areas and seems to provide the court system with little to work with. Taken too literally, it has the potential to be very unfair to the dog-owning public. In conclusion, Ms. Mazy asked that the bill not proceed out of Committee. Idaho may already have adequate law in regards to vicious dogs. If that is not the case, effective and enforceable law should be developed. However, any development of dog or animal law should be done with input from experts such as animal control officials, veterinarians and canine experts. Stiffer penalties should be provided for vicious dogs who attack humans. |
| MOTION: | Representative Kulczyk moved to send H 666 to General Orders with Committee Amendments attached. Those amendments would be to strike the sentence beginning on lines 24 with the word “Working” and ending on line 26 with the word “duties.” |
| SUBSTITUTE MOTION: |
Representative Boe moved to hold H 666 in Committee. Representative Pasley-Stuart spoke in support of the Substitute Motion saying all germane parties should get together to draft language which would be acceptable to all and address the concerns that were brought forth. |
| AMENDED SUBSTITUTE MOTION: |
Representative Edmunson moved to send H 666 to General Orders with the Committee Amendments, as set forth above, and adding an Emergency Clause. Motion carried. |
| ADJOURN: | There being no further business to come before the Committee, the meeting was adjourned at 4:40 p.m. |
| DATE: | February 27, 2004 |
| TIME: | 1:00 p.m. |
| PLACE: | Room 404 |
| MEMBERS: | Chairman Field(18), Vice Chairman Clark, Representatives Sali, Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen, Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart |
| ABSENT/
EXCUSED: |
Representative Smith |
| GUESTS: | See attached sign-in sheet |
| MINUTES: | Chairman Field called the meeting to order and asked the members to review the minutes. Representative Shirley moved to accept the minutes of the meeting held on February 25, as written. Motion carried. |
| H 729: | Representative Bonnie Douglas was recognized to explain the bill. This bill addresses sudden infant death syndrome (SIDS). A handout was given to each member (attachment.) SIDS is defined as the sudden death of an infant less than one year of age which remains unexplained after a thorough investigation. The purpose of the bill is to require an autopsy. An autopsy is necessary to exclude other causes of death such as hereditary disease, metabolic causes or child abuse. |
| MOTION: | Representative Ring moved to send H 729 to the floor with a Do Pass recommendation. |
| CON: | John Buck, Gem County Coroner representing the Coroners’ Association of the State of Idaho, was recognized. Mr. Buck said autopsies in these cases are already being done. The coroners do not put SIDS on a death certificate unless an autopsy has been done. However, an autopsy doesn’t always tell what the cause of death is. SIDS has become sort of a catchall. |
| PRO: | Karl Malott, representing the Professional Firefighters of Idaho, was recognized. The firefighters are primarily the emergency medical service providers in SIDS cases. In 1997, firefighters were dispatched to a home where an infant was not breathing. Upon questioning the mother by law enforcement, the mother broke down and admitted she had suffocated the child. This was a case of emotional instability and the mother was able to get help. Autopsies in these cases are most important. |
| CON: | Erwin Sonnenberg, President of the Idaho Association of Coroners and also representing the Idaho Association of Counties, was recognized. Mr. Sonnenberg said he has done extensive research on SIDS. He has lectured both locally and in different parts of the country on SIDS. There are no tests that can verify asphyxiation. SIDS babies cannot be resuscitated. SIDS is a red herring tag across the country. Stats are going down on SIDS because more investigation is currently being done. X-rays must also be done on these infants. Toxicology and genetic testing need to be done. An autopsy is just one part of diagnosing SIDS. This bill is poorly written. |
| SUBSTITUTE MOTION: |
Representative Clark moved to hold H 729 for a time certain until Wednesday, March 3. This would give the parties time to address the concerns with the language of the bill. Motion carried. |
| HCR 50 UNANIMOUS CONSENT: |
Representative Ellsworth asked for Unanimous Consent to send HCR 50 to the floor with a Do Pass recommendation. All members voted to send the resolution to the floor with a Do Pass recommendation. Representative Field will carry the bill on the floor. |
| S 1210: | Detective Wade Spain was recognized to explain the legislation. This legislation specifically includes under Idaho’s forgery statute Federal Reserve notes and United State’s currency or United State’s money. The crime of making and passing counterfeit currency is a common occurrence in cities and counties throughout Idaho. Prosecutors must be able to continue to address this problem at the local level. |
| MOTION: | Representative Sali moved to send S 1210 to the floor with a Do Pass recommendation. Motion carried. Representative Sali will carry the bill on the floor. |
| S 1221: | Brent Reinke, Department of Juvenile Corrections, was recognized to explain. This is primarily a clean-up bill. It updates the Juvenile Corrections Act by removing all references to forestry camps, provides that technical assistance should be research based, and clarifies reimbursement to counties for holding juveniles committed to the state. It makes sure the law reflects current practices. It also provides that the juvenile may be transported to the department’s nearest regional facility. |
| MOTION: | Representative Clark moved to send S 1221 to the floor with a Do Pass recommendation. Motion carried. Representative Nielsen will carry the bill on the floor. |
| S 1237: | Dean Heyl, Manager of Government Relations for the Direct Selling Association, was recognized. This bill would amend Section 18-3101, Idaho Code, to more clearly define and strengthen the current law relating to the prohibition of pyramid promotional schemes. It creates a clear and specific definition of an illegal pyramid promotional scheme to protect Idaho residents from becoming potential victims. Enactment of this strong consumer protection law would ban illegal pyramid scheme activity and, at the same time, protect legitimate Idaho direct sellers and Idaho consumers. |
| MOTION: | Representative Clark moved to send S 1237 to the floor with a Do Pass recommendation. Motion carried. Representative Clark will carry the bill on the floor. |
| ADJOURN: | There being no further business to come before the Committee, the meeting was adjourned at 2:05 p.m. |
| DATE: | March 1, 2004 |
| TIME: | 2:45 p.m. |
| PLACE: | Room 404 |
| MEMBERS: | Chairman Field(18), Vice Chairman Clark, Representatives Sali, Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen, Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart |
| ABSENT/
EXCUSED: |
Representatives Clark and Shirley |
| GUESTS: | See attached sign-in sheet |
| MINUTES: | Chairman Field called the meeting to order and asked the members to review the minutes. Representative Ridinger moved to accept the minutes of the meeting held on February 27, as written with the correction of changing Heather Reilly as the testifier on S 1210 to Detective Wade Spain. Motion carried. |
| S 1244: | Bob Aldridge was recognized to explain the bill. This bill deals with the appointment of a convicted felon as guardian or conservator of an incapacitated adult. The bill amends the appointment criteria for a guardian and conservator to provide that a convicted felon is to be appointed only when the court finds by clear and convincing evidence that the appointment is in the best interests of the incapacitated person. This higher standard will protect the incapacitated person, while still allowing such an appointment to be made in appropriate cases. |
| MOTION: | Representative Kulczyk moved to send S 1244 to the floor with a Do Pass recommendation. Motion carried. Representative Kulczyk will carry the bill on the floor. |
| H 751: | Representative Jaquet was recognized to explain. Representative Jaquet gave each member two handouts: Statistics on Minors and Drinking and a state by state comparison on fines for teens using fake ids, compared to fines for adults who buy alcohol for minors (attachments.) This legislation will amend existing law by creating enhanced misdemeanor penalties for an offender who unlawfully provides alcoholic beverages to a person under 21 years of age. Fines are increased for second or subsequent offenses. The bill also removes the current felony penalty allowed on a second offense. The fine for a second offense is raised from $1,000 to $2,000. Monies gathered from the fines imposed upon a conviction under this section will be deposited into the alcoholism treatment fund. In conclusion, Representative Jaquet said teenage drinking is a real problem which needs to be addressed. |
| CON: | Pam Eaton, President of the Idaho Retailers Association, was recognized. The Retailers Association has some concerns with this legislation. The Association does not condone underage drinking. It is concerned about how high the misdemeanor fines are. The majority of its employees in the retail sector are not paid high wages. If these penalties cannot be reduced by the court, employers might not be able to pay the fines. Small employers have employees who know to check drivers licenses and ID’s, but human error is always possible. The Association is concerned that a fine cannot be reduced or suspended by the court. |
| MOTION: | Representative Ellsworth moved to hold H 751 for a time certain at the discretion of the Chair. Motion carried. |
| S 1245: | Bob Aldridge was recognized to explain. This bill completes an ongoing series of changes to the Uniform Probate Code on the appointment of temporary or emergency conservators or guardians. These changes have attempted to balance the need for quick ex parte orders, issued by the court without hearings and without reports from court visitors or guardians ad litem, with the need to protect the rights of an incapacitated person. A new section is added to cover temporary and emergency appointments of conservators. It also clarifies the role of a guardian when the incapacitated person has assets to be managed. |
| PRO: | Georgia Mackley, a member of AARP, said AARP, consisting of 153,000 members, supports this legislation. |
| MOTION: | Representative Ring moved to send S 1245 to the floor with a Do Pass recommendation. Motion carried. Representative Ring will carry the bill on the floor. |
| S 1246: | Mr. Aldridge was recognized. Idaho Code section 15-3-916 provides for the apportionment of estate taxes among probate and non-probate assets. It was adopted as part of the Uniform Probate Act in Idaho in 1971. It has been amended in relatively minor ways in 1999 and 2001. The language in the current bill is that of the Uniform Laws Commissioners’ Apportionment Act, adopted by the National Conference of Commissioners on Uniform State Laws at its meeting in August, 2003. The existing language of section 15-3-916 is now inadequate to provide for many situations in which estate tax needs to be apportioned and is causing manifest unfairness in the apportionment of estate taxes, or expensive and lengthy litigation to determine proper apportionment. Therefore, existing 15-3-916 has been repealed in its entirety by the bill and a new Part 13 of this portion of the Probate Code has been added. |
| MOTION: | Representative Wills moved to send S 1246 to the floor with a Do Pass recommendation. Motion carried. Representative Ellsworth will carry the bill on the floor. |
| S 1247: | Mr. Aldridge asked that the bill be held in Committee. Some concerns have been raised with the language. Unanimous consent was requested and given. S 1247 was held in Committee at the request of the sponsor. |
| S 1248: | Bob Aldridge was recognized to explain the legislation. This bill cleans up several areas of the Idaho Uniform Probate Code. In section one, it provides general definitions to properly cross reference with other uniform acts. In section two, the bill modifies the language of the section to require that a formal inventory only be sent to interested persons, as defined in the probate code, who request a copy and that the personal representative may, but is not required to, file the formal inventory with the court. It also clarifies that if an interested person requests a copy of the inventory, the personal representative is to send that person a copy even if an original of the inventory has been filed with the court. Section three addresses the appointment of a trustee for a trust registered in the state of Idaho, and the issuance of letters of trusteeship. The language requiring a mandatory hearing has been stricken. |
| MOTION: | Representative Ellsworth moved to send S 1248 to the floor with a Do Pass recommendation. Motion carried. Representative Sali will carry the bill on the floor. |
| S 1249: | Mr. Aldridge was again recognized to give his testimony. This bill corrects a number of technical problems in the Natural Death Act, and a problem in the DNR (Do Not Resuscitate orders) act. The net effect of the bill is to ensure that persons can make choices regarding their health care that will be effective and will be carried out. It will also ensure that medical personnel and institutions will have clear terms and conditions on which to rely when interacting with medical directives and agents of a patient. Mr. vonTagen, representing the Attorney General’s Office, was |
| MOTION: | Representative Pasley-Stuart moved to send S 1249 to the floor with a Do Pass recommendation. Motion carried. Representative Pasley-Stuart and Representative Ring will carry the bill on the floor. |
| S 1250: | Bob Aldridge was recognized. This bill deletes section 55-1010, Idaho Code, relating to homesteads. This deletion solves numerous problems caused by the automatic passage of the homestead to the surviving spouse, which is often the direct opposite of the result intended by the decedent, including in tax planning situations. The homestead can still pass to the surviving spouse, but the passage will be pursuant to the planning of the decedent. The bill also clarifies how the Probate Code provisions work. |
| MOTION: | Representative Pasley-Stuart moved to send S 1250 to the floor with a Do Pass recommendation. Motion carried. Representative Edmunson will carry the bill on the floor. |
| S 1251: | Mr. Aldridge was recognized to explain. This bill provides that the date for filing a claim against the estate of a decedent is the later of the filing with the personal representative, or the filing with the court. Creditors must therefore act within the statutory time periods to file claims, which will allow the personal representative to know with certainty when all claims are either filed or barred so that the estate can safely be distributed. |
| MOTION: | Representative Harwood moved to send S 1251 to the floor with a Do Pass recommendation. Motion carried. Representative Harwood will carry the bill on the floor. |
| ADJOURN: | There being no further business to come before the Committee, the meeting was adjourned at 4:40 p.m. |
| DATE: | March 3, 2004 |
| TIME: | 3:15 p.m. |
| PLACE: | Room 404 |
| MEMBERS: | Chairman Field(18), Vice Chairman Clark, Representatives Sali, Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen, Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart |
| ABSENT/
EXCUSED: |
None |
| GUESTS: | See attached sign-in sheet |
| MINUTES: | Chairman Field called the meeting to order and asked the members to review the minutes. Representative Wills moved to approve the minutes of the meeting held on March 1, as written. Motion carried. |
| S 1281: | Senator Darrington was recognized to explain the bill. This is a comprehensive licensure bill. It is what is referred to as a parental consent piece of legislation. About 34 states, as of a year ago last fall, had various kinds of regulations regarding tattooing and body piercing. Compared to other states, this proposal is pretty modest. This legislation provides that parental consent is required for tattooing, branding and body piercing of any person under the age of eighteen (18) years. No tattooing, branding or body piercing may occur on any person under the age of fourteen (14) years. Piercing of the ear lobes and piercing for medical purposes are exempted from this legislation. The penalty for violation is an enhanced misdemeanor with an additional penalty for subsequent violations within one year. The only purpose of the bill is to regulate young people. |
| MOTION: | Representative Ring moved to send S 1281 to the floor with a Do Pass recommendation. |
| CON: | Marty Durand, representing the ACLU, was recognized. The ACLU is opposed to the bill. Tattoos and piercings have been around for thousands of years. The ACLU is concerned that this bill does not take into consideration religious beliefs or cultural beliefs. The decision to tattoo or pierce should be left with the family. That decision should not be made by the state of Idaho. |
| PRO: | Mike Kane, representing the Sheriffs Association, was recognized. The Sheriffs Association supports the legislation. Parents have been asking for a bill like this to allow something to be done when tattooing and body piercing occurs. This legislation will put the onus on the tattoo parlor. |
| PRO: | Heather Reilly, representing the Prosecuting Attorneys Association, was recognized. The prosecuting attorneys support this legislation. In answer to a question regarding a 13-year old tattooing herself and whether she could be charged under this bill, Ms. Reilly said this statute involves more than one person. |
| MOTION: | The Motion was to send S 1281 to the floor with a Do Pass recommendation. Motion carried. Representative Smith will carry the bill on the floor. |
| H 751: | Representative Jaquet was recognized. This bill was brought before the Committee at its previous meeting. Concerns were raised about some of the language of the bill. Since that time, amendments have been drafted to resolve those concerns. The legislation pertains to dispensing alcohol to minors. The amendments delete the word “shall” on page 1, line 15, to the bill, and insert the word “may.” On page 1, line 17, delete the words “which amount shall not be”; in line 18, delete “reduced or suspended by the court,”‘ in line 23, delete “which amount shall not” ; in line 24, delete “be reduced or suspended by the court,”‘ and delete lines 28 and 29 and insert: “created in section 23-404, Idaho Code. Upon conviction”. |
| MOTION: | Representative Smith moved to send H 751 to General Orders with the aforementioned Committee amendments attached. Motion carried. Representative Jaquet will carry the bill on the floor. |
| S 1234a: | Heather Reilly, IPAA, was recognized to explain the legislation. The purpose of the bill is to solve a loophole in the domestic violence statute by allowing an out-of-state conviction for domestic violence to be used for purposes of enhancing a subsequent conviction in Idaho. It is important for Idaho’s domestic violence statute to consider an out of state conviction for purposes of enhancing a subsequent conviction in Idaho. Statistics show that 1/3 of all homicides occur in domestic relationships where there was a history of domestic violence. The legislation provides for the judge to determine if a foreign or out-of-state judgment is substantially conforming to Idaho’s statute. It also provides that an offender who has inflicted traumatic injury or committed 3 offenses within 15 years and goes on to commit another act of domestic violence can be charged with a felony. |
| MOTION: | Representative Nielsen moved to send S 1234a to the floor with a Do Pass recommendation. Motion carried. Representative Ridinger will carry the bill on the floor. |
| S 1263: | Kathy Baird with the Sexual Offender Classification Board was recognized to explain. This bill modifies language in five different sections of the Sexual Offender Registration Notification and Community Right-to-Know Act. A technical correction is made to the definition of violent sexual predator by inserting the word “high” in conjunction with risk. The bill includes language providing the Board with the latitude to consider whether an offender who has been referred for violent sexual predator review truly warrants full review. It also provides that the Board can review Idaho offenders who are serving probation for federal or tribal court convictions. It instructs that information regarding the violent sexual predator review actions made by the Board may be requested from the Board. It identifies the county of the offender’s most recent sexual conviction as the appropriate court to hear violent sexual predator appeals in cases where an offender intends to reside out of state upon release from prison. No opposition has been raised to any components of this bill. |
| MOTION: | Representative Clark moved to send S 1263 to the floor with a Do Pass recommendation. Motion carried. Representative Clark will carry the bill on the floor. |
| H 771: | Chairman Field turned the gavel over to Vice Chairman Clark in order to explain the bill. This legislation provides that a court shall vacate a child support order if the court finds, by clear and convincing evidence, that the moving party is not the biological father of the child who is the subject of the support order, and that the obligee knowingly and intentionally misrepresented the paternity of the child to the obligor. If the order is vacated, the obligor may bring an action in court against the obligee or the true biological father to obtain restitution for child support previously paid pursuant to the order. |
| MOTION: | Representative Sali moved to send H 771 to the floor with a Do Pass recommendation. Motion carried. Representative Moyle will carry the bill on the floor. |
| ADJOURN: | There being no further business to come before the Committee, the meeting was adjourned at 4:10 p.m. |
| DATE: | March 5, 2004 |
| TIME: | 1:20 p.m. |
| PLACE: | Room 404 |
| MEMBERS: | Chairman Field(18), Vice Chairman Clark, Representatives Sali, Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen, Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart |
| ABSENT/
EXCUSED: |
Representatives Smith, Shirley, Andersen |
| GUESTS: | See attached sign-in sheet |
| MINUTES: | Chairman Field called the meeting to order and asked the members to review the minutes. Representative Harwood moved to accept the minutes of the meeting held on March 3, as written. Motion carried. |
| S 1243a: | Bob Wells, representing the Idaho Police Association, was recognized. This is a video voyeurism law dealing with instances of surreptitious photograph, film, video or digital recording of persons without their consent while in a place where the person has a reasonable expectation of privacy, or in a public place when the person has taken reasonable steps to shield intimate areas from public view. Right now there is no law that forbids video voyeurism. The bill provides a definition of imaging device to mean any instrument capable of recording, storing, viewing or transmitting visual images. An amendment has been drafted which brings back into focus a reasonable person having a reasonable expectation of privacy. An emergency clause is included in the legislation. This bill is designed to protect the members of our community. This is good legislation which gives law enforcement and prosecutors a tool to deal with these offenders. |
| MOTION: | Representative Nielsen moved to send S 1243a to the floor with a Do Pass recommendation. |
| PRO: | Dan Charboneau, Director of the Idaho State Police, spoke in support of the legislation. This law is necessary in order to be able to charge this type of offender. |
| CON: | Attorney Randy Farber was recognized. Mr. Farber spoke in opposition to the bill. |
| PRO: | Heather Reilly, representing the Idaho Prosecuting Attorneys Association, spoke in support of the bill. |
| MOTION: | The Motion was to send S 1243a to the floor with a Do Pass recommendation. Motion carried. Representative Nielsen and Representative Wills will carry the bill on the floor. |
| S 1302: | Bob Aldridge was recognized to explain. Idaho law has not given de facto custodians any particular status in the determination of the best interests of a minor when considering custody, visitation, termination proceedings, child protection, and so forth. This bill starts the correction to that situation by first defining the term de facto custodian, and then providing for the status of a de facto custodian in guardianship proceedings. This bill will give the courts the ability to make decisions regarding minors that are in the best interests of the minor whenever there has been a de facto custodian who has had a substantial, long-term, ongoing relationship with the minor. |
| PRO: | Rami Amaro, attorney, was recognized. Ms. Amaro said she represented a client, Chad Doe, and the two of them, as well as the grandfather, fully supported the bill. Ms. Amaro said Chad Doe had been married for 10 years before seeking a divorce. During an investigation, it was discovered that his wife had engaged in numerous affairs during the marriage. One of the affairs had lasted for 7 years up until the divorce. It was discovered that the second child born during the marriage was not his. Chad had raised the child with the belief that it was his. Now he faced the possibility of losing the child to the biological father. The biological father petitioned the court for custody. The court granted custody to the biological father and the mother. Under current law, the judge could not place the child with the man who wanted him. This law would at least have allowed Chad to have guardianship. This is an incredibly important statute. |
| PRO: | Chad Doe was recognized. Mr. Doe said he wanted to members to know what he is up against. He thought this child was his and loved and raised him as his own. When he found out that he was not the biological father, the judge said the current law would not allow the custody to go to him, even though the biological father should have known and never said anything. |
| CON: | Marty Durand, representing the ACLU, was recognized. The ACLU has some concerns with the bill. The definition in the legislation of a de facto custodian is pretty broad. There is no time limit on the definition. This bill weakens parental rights. The ACLU asks that the bill be held in Committee. |
| PRO: | Georgia Mackley was recognized. Ms. Mackley is a member of the Idaho Kincare Coalition, AARP, and Chairman of the Boise Area Grandparents as Parents Support Group. This bill will provide status to de facto custodians in the determination of the best interest of minor children when considering custody, visitation, termination proceedings and child protection. |
| PRO: | Tracee Crawford was recognized. Ms. Crawford supports the bill because the proposed law recognizes the increasing role care giver grandparents are taking on in our society today. There are currently more than 17,000 Idaho children living in grandparent headed households. This law affects only those situations where the care giver has already been serving in the role of parent for an extended period of time, or has a well-established relationship with the child where a parent has failed to provide adequate care. This bill will provide a clear guideline to the courts to enable them to make decisions that are in the best interest of the child whenever there has been a de facto custodian. |
| PRO: | Mary Zanders was recognized. Our current laws do not work. We had our granddaughter for 12 years. Her mother decided she wanted to become this little girl’s mother. The court gave this little girl back to her mother. Under current law, the court could not listen to what would be in the best interests of the child. |
| MOTION: | Representative Sali moved to send S 1302 to the floor with a Do Pass recommendation. Representative Clark spoke in opposition to the motion, saying perhaps the legislation should be put into a study group to refine the language of the bill. Representative Wills felt the language should be fine-tuned. Representative Ellsworth spoke in support of the motion. |
| CALL FOR THE QUESTION: |
The motion was to send S 1302 to the floor with a Do Pass recommendation. Motion carried. Representatives Sali and Sayler will carry the bill on the floor. |
| S 1303: | Bob Aldridge was recognized to explain. The current probate code contains two conflicting provisions. Claims by creditors must be presented within two years after death, but probate can be started as late as three years after death. This bill changes the two-year limit in the existing code to three years. |
| MOTION: | Representative Sali moved to send S 1303 to the floor with a Do Pass recommendation. Motion carried. Representative Nielsen will carry the bill on the floor. |
| S 1304: | Bob Aldridge was recognized to explain. This legislation makes substantial changes to the homestead provisions of the Idaho Code. A new section has been added which would clarify and simplify the methods used by Estate Recovery. It provides that the homestead shall not be held liable for the debts of the owner, except as provided in Chapter 10, Title 55, or in section 56-218, Idaho Code. |
| MOTION: | Representative Ellsworth moved to send S 1304 to the floor with a Do Pass recommendation. Motion carried. Representative Ellsworth will carry the bill on the floor. |
| ADJOURN: | There being no further business to come before the Committee, the meeting was adjourned at 2:40 p.m. |
| DATE: | March 9, 2004 |
| TIME: | 2:35 p.m. |
| PLACE: | Room 404 |
| MEMBERS: | Chairman Field(18), Vice Chairman Clark, Representatives Sali, Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen, Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart |
| ABSENT/
EXCUSED: |
None |
| GUESTS: | See attached sign-in sheet |
| MINUTES: | Chairman Field called the meeting to order and asked the members to review the minutes. Representative Ring moved to accept the minutes of the meeting held on March 5, as written. Motion carried. |
| S 1260: | Chairman Field recognized Heather Reilly to explain the legislation. Ms. Reilly said she was representing Bill Douglas who was unable to appear before the Committee today. This legislation will result in statewide recognition for extraordinary acts of valor and heroism by firefighters and police. The legislation establishes a commission to consider nominations and directs that award medals will be presented by the Governor at an annual ceremony. This award may be given posthumously. This award will recognize that Idaho’s firefighters and police every day face the possibility of serious injury or death in the performance of their duties. It assures that their sacrifices are recognized, and their bravery honored by the state. The bill will have no impact on the General Fund. The Attorney General or his designee will serve as Chair of the Commission. |
| MOTION: | Representative Shirley moved to send S 1260 to the floor with a Do Pass recommendation. Motion carried. Representatives Kulczyk, Clark and Boe asked to be recorded as voting “no.” Representative Andersen will carry the bill on the floor. |
| S 1333: | The Chairman recognized Richard Stover to explain. This legislation clarifies that it is a misdemeanor to refuse to submit to a search or screening of a person or personal belongings (1) upon presentment of a ticket to board an airplane and (2) upon entering or attempting to enter the sterile area of an airport. This legislation also clarifies that it is a misdemeanor to assault, delay, or obstruct authorized personnel in the performance of their assigned duties within the airport. The bill targets terrorism drug dealers. This law was passed two years ago. This legislation simply adds the word “misdemeanor.” This is not an attack on the Fourth Amendment. This is needed because there currently is no penalty in the law. |
| CON: | The Chair recognized Dennis Benjamin, attorney, to testify. Mr. Benjamin asked that the bill be held. It is seriously flawed. Sections 5 and 6 violate the Fourth Amendment. If a person takes carry-on luggage and puts it on the x-ray belt at the airport, remembers it has a pocketknife in it and takes the bag back off the belt, that person can be charged with a misdemeanor under this law. The bill needs substantial amending. Section 5 needs to be removed and the attempt language in section 6 needs to be stricken. |
| CON: | Marty Durand, ACLU, was recognized. The ACLU opposes the bill as it criminalizes constitutionally protected behavior. A search is lawful if the subject voluntarily and knowingly consents to the search. If consent is not given, then no search can be allowed. The ACLU believes that removing the provisions of the bill making it a misdemeanor for refusing to submit to a search accomplishes the goal of airport security and protects the constitutional rights of the passengers. |
| PRO: | The Chair recognized Michael Johnson, Chief of Airport Police in Boise. This law has already been on the books. Magistrates have wondered about what the penalty should be. Last week, there was an individual who entered the sterile area. He set off the detector. He said he was wearing a prosthesis and that is why the alarm went off. He refused to be searched and he refused to leave. The man was eventually escorted out of the airport. This misdemeanor penalty is something we need to have in the law. This legislation will help other airports in the state. |
| PRO: | Steve Rutherford with the Boise City Attorneys Office was recognized. Section 5 of the bill deals with the random screenings that happen before a person boards the aircraft. Once a person is in the sterile area, that person must submit to a search. Passengers are informed of this by signs and airline personnel at least a half-dozen times before they get to the checkpoint. |
| MOTION: | Representative Sali moved to send S 1333 to General Orders with Committee amendments attached. Those amendments would be: on page 2, line 6, delete “ticket” and insert “pass.” On page 2, line 15, delete “any person who” and delete lines 16 and 17. On page 2, line 28, after “refusing” insert “to leave the sterile area while concurrently refusing.” |
| SUBSTITUTE MOTION: |
Representative Clark moved to hold S 1333 for a time certain until the meeting on March 11, so the parties can get together and resolve the concerns raised regarding the legislation. Representative Smith spoke in favor of the substitute motion, saying the members need to hear from some other jurisdictions in the state. Motion carried. |
| S 1371: | The Chair recognized Senator Brent Hill to explain the bill. This legislation has to do with magic mushrooms. This bill adds spores or mycelium capable of producing mushrooms that contain psilocybin or psilocin to the list of Schedule I Controlled Substances. These mushrooms are hallucinogenic and can cause death if ingested in large doses. The mushrooms are available on internet sites. Those sites say that no Georgia or California orders can be accepted. The Senator asked that Idaho be listed along with Georgia and California. This legislation is approved by the Idaho State Police, the Attorney General and the State Board of Pharmacy. |
| MOTION: | Representative Sali moved to send S 1371 to the floor with a Do Pass recommendation. Motion carried. Representative Shirley will carry the bill on the floor. |
| H 796: | Representative Jaquet was recognized. Representative Jaquet said the bill is before the Committee for information gathering purposes only. It is hoped that more suggestions will be brought forth by testifiers. The purpose of the legislation is to provide parameters for the offense of statutory rape that would give prosecutors more guidance and could ensure greater uniformity of charges across the state. Currently statutory rape cases are treated differently in various jurisdictions. While some individuals get probation, others are sent to prison. All must register as sex offenders. This issue is one of consensual sex. It deals with young men and women who are close in age. For example, an 18 year old male and a 16 or 17 year old female. Currently, these young men can be labeled as sex offenders. This bill is not meant to encourage teen sexual relationships. However, most young people begin to have sex in their mid to late teens. In these cases, the crime of statutory rape really should be dealt with as a parenting issue. This bill only applies to girls that are 16 or 17 years of age. |
| PRO: | The Chair recognized Debi Rice to testify. Ms. Rice has a son who was convicted of rape with his under age girlfriend. Her parents were not opposed to the relationship. Basically, the charge of a sex offender has just about ruined her son’s life. It has been very humiliating and embarrassing to the whole family. |
| PRO: | Audrey von Lindern was recognized. Ms. Von Lindern is the grandmother of Toby LaPray who is currently an inmate of the Twin Falls County jail. She asked the members to consider the consequences and stigma that follow being branded as a rapist and a convicted felon/sex offender for a lifetime. Many rights are lost including the right to vote or run for office and the right to own a gun, to hunt game, or even be where minors are present. Consensual sex does happen between young unmarried people committed to a future together. |
| PRO: | Mellisa Kowitz was recognized. Mellisa said she supports the bill. She is the fiancee of Toby LaPray who was convicted under Idaho’s current rape law. Toby wanted Mellisa to give the members a message from him (attachment.) At the age of 18, he was charged with rape and his life was threatened in prison. At the time he was young, naive and had no idea someone could be placed behind bars for one minute, let alone their whole lives, just for having consensual sex with his girlfriend. He knows it is not morally correct to have sexual relations outside of marriage, but to completely destroy someone’s life is outrageous. He has been branded a high-risk prisoner and cannot even have a work release. He said he never wants another person to go through the misery that he has endured for the past four years. |
| CON: | Heather Reilly was recognized to speak for the Idaho Prosecuting Attorneys Association and for Molly Huskey, State Appellate Public Defender. Ms. Reilly said she appreciated being able to discuss the bill rather than going forward with it at this time. It is very wise to refrain from rushing into the many changes made by the legislation. As it is currently written, the Idaho Prosecuting Attorneys Association is opposed to the bill. It would change a long-standing policy in Idaho. Date rape is a concern. This language is inconsistent between this law and Idaho Code Section 18-1508a. If this law is changed, possibly an individual who is 21 years of age, who touches a female 16 years of age, could be charged with physical battery of a minor. Molly Huskey stated that she had similar concerns. She was concerned about how broad the language is and the conflicts with Section 18-1508a of the Code. The Twin Falls prosecutor would have been here to testify against the bill until it was heard that the hearing was for information purposes only. |
| PRO: | Tom McCabe was recognized. Mr. McCabe said he is a criminal defense attorney who had practiced law for 22 years. He represents constituents who get into trouble with the law. He supports the bill. The current statute carries very severe penalties. This matter is really a societal issue. |
| PRO: | Marty Durand, ACLU, was recognized. The ACLU supports the bill. Current law makes any sexual intercourse with a woman under the age of 18 a felony. This is true even if the man is under the age of 18 and even if the woman consents. The decision to have consensual sex is a mutual decision. Yet the young man involved commits a felony while the woman does not. Felony designations should be reserved for our most serious offenses. Current law requires a young man convicted of statutory rape to register as a sex offender. This designation has serious consequences. It could destroy the young man’s ability to get a job or enter certain professions. This bill would retain the crime of rape in situations where the girl is so young that she is incapable of consent and where the age difference is such that the man may be preying on the woman for sex because of her youth. |
| CLOSING REMARKS: |
Representative Jaquet thanked the members for allowing the testimony on the bill and said she would be happy for anyone who is interested to work on the legislation with her over the summer. |
| ADJOURN: | Chairman Field said after the meeting scheduled for Thursday, March 11, the Committee will have heard all bills that it currently has. There being no further business to come before the Committee, the meeting was adjourned at 4:20 p.m. |
| DATE: | March 11, 2004 |
| TIME: | 3:25 p.m. |
| PLACE: | Room 404 |
| MEMBERS: | Chairman Field(18), Vice Chairman Clark, Representatives Sali, Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen, Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart |
| ABSENT/
EXCUSED: |
Representative Kulczyk |
| GUESTS: | See attached sign-in sheet |
| MINUTES: | Chairman Field called the meeting to order and asked the members to review the minutes. Representative Ridinger moved to accept the minutes of the meeting held on March 9, as written. Motion carried. |
| S 1333: | The Chairman recognized Richard Stover, Assistant City Attorney. The bill would make it a misdemeanor to refuse to submit to a search or screening upon entering the sterile area of the airport. The bill was heard on March 9 and held over until today’s meeting to see if concerns with the wording could be resolved. Mr. Stover asked that the bill be held in Committee in order that new language could be drafted over the summer. |
| UNANIMOUS CONSENT: |
Chairman Field asked for Unanimous Consent to hold S 1333 in Committee. There being no objection, the bill was so held. |
| S 1379: | Senator Davis was recognized to explain. The purpose of this legislation is to grammatically change and clarify the language of the statute relating to communications security. By moving the penalty portion to the introductory section, it makes it more plain that it applies to all of the sub-parts instead of just sub-part (e). |
| MOTION: | Representative Clark moved to send S 1379 to the floor with a Do Pass recommendation. Motion carried. Representative Ridinger will carry the bill on the floor. |
| S 1262a: | The Chair recognized Ron Messler, Investigator with the Department of Correction, to explain. There are currently about 2,000 offenders on parole status. The purpose of the legislation is to provide authorized representatives of the Department of Correction with an enhanced ability to apprehend parole absconders. Currently, representatives of the Department do not have the ability to issue a subpoena decus tecum to compel the production of documents. The documents sought would be those containing information which would be helpful in locating parole absconders, such as records containing addresses and phone numbers, etc. Failure to comply with the subpoena may be punishable as contempt. |
| MOTION: | Representative Ridinger moved to send S 1262a to the floor with a Do Pass recommendation. Motion carried. Representative Edmunson will carry the bill on the floor. |
| S 1388: | Chairman Field recognized Stuart Davis, Executive Director, Idaho Association of Highway Districts, to explain the legislation. Mr. Davis asked to turn the explanation over to Mr. Gigray, attorney representing the Idaho Association of Highway Districts. This bill deals with Inverse Condemnation, which is the reverse of eminent domain. The purpose of the legislation is to reduce the need for litigation and speed the process of resolution of claims by property owners against governmental entities for the taking of a property interest. It provides that such claims are first filed with the government entity similar to the way tort claims are currently filed against government entities. The government entity must then, in a 90 day period, determine whether it agrees that a property interest claim was taken. Government entities have no insurance against these types of claims. The legislation requires that claims be filed within 3 years. This provides plenty of time for the property owners to assess whether this has happened. This proposal does not adversely affect the rights of private property owners. It gives an opportunity to resolve these claims. |
| CON: | Heather Cunningham, attorney, was recognized. Ms. Cunningham asked the Committee to reject S 1388. This bill directly affects the constitutional right of citizens that private property shall not be taken without payment of just compensation by the government. There are three distinct types of inverse condemnation, each of which has its own body of law. This bill makes no distinction between the three types. The bill is an inappropriate response to a single legal case in which a Highway District lost. There is no problem at a statewide level. The bill effectively changes the statute of limitations in these cases from 4 years to 3 years. It conflicts with existing statutes, creating a clear conflict of law. It places an unreasonable financial burden on property owners by requiring them to provide a legal description of the property allegedly taken. It does away with currently allowed prejudgment interest and substitutes the much lower post-judgment interest rate. Finally, the bill has the opposite effect of its stated purpose. It erodes substantive constitutional rights with procedural technicalities designed to let governments who act improperly to escape without payment or accountability in court. |
| CLOSING REMARKS: |
Mr. Gigray was recognized. Mr. Gigray said inverse condemnation claims are both serious and expensive. This legislation establishes an accrual rule. Many other states have more onerous statutes. The claim does not have to be perfectly drafted. This allows small claims to be resolved quickly without a lot of expense. It eliminates the need for separate accrual rules. |
| MOTION: | Representative Harwood moved to hold S 1388 in Committee. Motion carried. Representative Ring asked to be recorded as voting “no” on the motion. |
| S 1394: | Heather Reilly, Idaho Prosecuting Attorneys Association, was recognized. The purpose of this legislation is to amend Idaho Code Section 19-3501 dealing with when an action may be dismissed by changing the way the 6 month speedy trial requirement begins running for charges brought under an indictment. Currently, the 6 months begin running on the date the indictment is filed with the court. This creates a potential “loophole” which may allow a person who has been indicted by a grand jury to avoid prosecution under the indictment by avoiding arrest for 6 months after the indictment is filed. This legislation would close that loophole by requiring the defendant to be arraigned before his speedy trial right begins to run. |
| MOTION: | Representative Clark moved to send S 1394 to the floor with a Do Pass recommendation. Motion carried. Representative Smith will carry the bill on the floor. |
| S 1407: | Patti Tobias, Idaho Supreme Court, was recognized to explain. This bill will increase the annual salary of justices of the supreme court, judges of the court of appeals, district judges and magistrate judges by two percent beginning July 1, 2004. Presently, there are no nonattorney magistrate judges serving full-time in the state. However, the annual salary of this category of judge must keep pace with salary increments granted to other categories of judges in order to adequately compensate retired nonattorney magistrate judges who are called in to service on a temporary basis. |
| MOTION: | Representative Ridinger moved to send S 1407 to the floor with a Do Pass recommendation. Motion carried unanimously. Representative Field will carry the bill on the floor. |
| ADJOURN: | Prior to adjourning, Chairman Field told the members that there are more Senate bills to be heard, so the Committee will meet again on Monday, March 15. There being no further business to come before the Committee, the meeting was adjourned at 4:45 p.m. |
| DATE: | March 15, 2004 |
| TIME: | 1:04 p.m. |
| PLACE: | Room 404 |
| MEMBERS: | Chairman Field(18), Vice Chairman Clark, Representatives Sali, Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen, Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart |
| ABSENT/
EXCUSED: |
Representative Ridinger |
| GUESTS: | Dave Nelson, Dept. of Correction; Brent Reinke, Dept. Juvenile Corrections; Nancy Bishop, Attorney |
| MINUTES: | Chairman Field called the meeting to order and asked the members to review the minutes. Representative Ring moved to approve the minutes of the meeting held on March 11, as written. Motion carried. |
| H 591 and
H 666a: |
Chairman Field asked for UNANIMOUS CONSENT to hold H 591 and H 666a in Committee. The language in H 591 will be worked on over the summer and H 666a by Representative Eskridge also needs to be studied further. There being no objection, H 591 and H 666a will be held in Committee. |
| S 1416: | Dave Nelson, Department of Correction, was recognized to explain. This bill extends the same liability protection and authority of arrest to probation and parole officers supervising drug court participants as is provided to them while supervising felony probationers and parolees. The bill will halt any attempt on the authority of the officer from carrying out his or her responsibilities to supervise and, if necessary, arrest a drug court participant if he or she violates the conditions of the drug court program. The probation and parole officers are members of the drug court team led by the judge, and generally include the treatment provider, the drug court coordinator, the prosecutor and the defense attorney. |
| MOTION: | Representative Ring moved to send S 1416 to the floor with a Do Pass recommendation. Motion carried. Representative Ring will carry the bill on the floor. |
| S 1420: | Brent Reinke was recognized to explain the bill. Mr. Reinke said he is presenting the bill on behalf of Senator Darrington. He gave each member a handout (attachment.) The purpose of the bill is to clarify limitations on personal liability of individuals who volunteer their services to the state of Idaho pursuant to an executive order. Currently the law provides certain protections against liability to volunteers involved in nonprofit and charitable organizations. However, boards, councils and commissions such as the regional or local children’s mental health councils, which have been formed pursuant to executive order, are not specifically addressed. These local and regional councils provide an invaluable service to the citizens of this state, and need the same clear liability protection. The bill speaks to public service entities. There was a discussion following the testimony during which Nancy Bishop was recognized to answer some legal questions. |
| MOTION: | Representative Kulczyk moved to hold S 1420 for a time certain until the meeting on Wednesday, March 17th in order that some concerns with the language might be studied further. Motion carried. |
| ADJOURN: | There being no further business to come before the Committee, the meeting was adjourned at 1:40 p.m. |
| DATE: | March 17, 2004 |
| TIME: | 2:00 p.m. |
| PLACE: | Room 404 |
| MEMBERS: | Chairman Field(18), Vice Chairman Clark, Representatives Sali, Ellsworth, Smith(24), Ridinger, Harwood, Edmunson, Kulczyk, Nielsen, Ring, Shirley, Wills, Boe, Andersen, Pasley-Stuart |
| ABSENT/
EXCUSED: |
None |
| GUESTS: | William von Tagen, Nancy Bishop and Jon Sowers |
| MINUTES: | Chairman Field called the meeting to order and asked the members to review the minutes. Representative Wills moved to accept the minutes of the meeting held on March 15, as written. Motion carried. |
| S 1420: | William von Tagen with the Attorney General’s Office, was recognized to explain the legislation again to the members and answer concerns voiced at the previous meeting. Mr. von Tagen said the Attorney General’s Office had looked at two similar bills, H 501 and H 647, which were brought before the Legislature this year. There were some concerns with H 501 and H 647 appears to be held in the Senate. S 1420 attempts to provide the same protection as the house bills against liability to boards, councils and commissions which have been formed pursuant to an executive order of the governor. Idahoans volunteering to serve with such groups provide an invaluable service to the citizens of this state. |
| MOTION: | Representative Smith moved to hold S 1420 in Committee so that the language can be worked on over the summer and a more comprehensive bill be brought back next session. Motion carried. |
| S 1393a | Jon Sowers was recognized to explain the legislation. Presently, any community service directed by parole and probation staff onto parolees or probationers leaves offenders not covered by workers compensation if injured during the service. The Idaho Department of Correction routinely directs intermediate sanctions in the form of community service to offenders, both parolees and probationers. Residents of community work centers also perform voluntary community service and are also not covered under current law. Without workers compensation protection, the injured offenders could file tort claims against the Department and/or recipient of the services for injury damages. |
| MOTION: | Representative Clark moved to send S 1393a to the floor with a Do Pass recommendation. Motion carried. Representative Clark will carry the bill on the floor. |
| H 6666: | Representative Wills introduced the OPOSE bill, H 6666, and proceeded to entertain the members with his creative sense of humor, bringing levity to the final meeting of the Committee. He also introduced his dummies, Crash and Dopey, and let them talk to the members briefly. |
| ADJOURN: | Prior to adjourning, Chairman Field thanked the secretary and the page for their work during the session. She also recognized Tom Frost, Idaho Supreme Court, with a card and cake. Mr. Frost will be retiring next month. There will be a very informal meeting held on Friday, to be called at the discretion of the Chair. There being no further business to come before the Committee, the meeting was adjourned at 3:00 p.m. |