2002 legislative helps
              "2002"  Idaho Legislative Bills & Issues
Updated 3/10/02
                      The Idaho Legislature's Home Page
            This will get you to Committee calendars, bills, the Constitution, and Statutes
Link to hear the House and Senate Floor debate, and the JFAC committee hearings.
                                    *****************
                                                                    Budget Stablization Fund Law
 
     ### SCORE BOARD ###
    TALLY FOR THE SESSION
7  WINS :o)
LOSSES :o(
2 NEUTRALS
       ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The House Health & Welfare is holding some bad bills for the moment,
and Schroeder is holding some in the Senate Ed Committee.
The Budget Bills are next year's disaster, and the Citizens lost their "Initiative"
Other than that? Are we doing OK?
********************************
 
The two main issues this year appear at this time to be term limits and the $$budget$$.
I do know for a fact that we have some angry legislators that have a bit of a vindictive
streak.  I was told by one of them last year that if we think they are doing a bad job
now, just wait until there are term limits, and they will show us just what a bad job
really is.......Sounds like a threat to me.
 
S-1391
Both annexation bills
PASSED.....:o(
THE RIGHT TO VOTE
ON ANNEXATIONS OF YOUR PROPERTY
THE "CITIES ASSOCIATION" LOBBY WINS
BAD - BAD - BAD But it passed  :o(
S-1319
THIS IS PARKED IN LOERTSCHER'S COMMITTEE,
HELP HIM, CALL!!!!!!!!!
HEALTH AND WELFARE TRAUMA REGISTRY
This is really a very bad bill!!!  If you go to the Emergency room with a broken leg,
your on the H&W data base.....It not only  creates more bureaucracy,
but is a very nosey violation of our privacy.  will they NEVER quit!!!
A trauma registry is a population based data system that provides
ongoing and systematic collection, analysis, interpretation, and
dissemination of information related to injury for system
improvement, prevention, and research activities. Injury is the
number one cause of death in Idaho for ages 1-44 years and is
presumably the number one cause of disability for the same age
group. Registry data would be used to:
•       Improve the medical outcomes for trauma patients
•       Justify intervention priorities based on reducing mortality,
morbidity, severity, and cost
•       Provide state and local data to target prevention, education,
and engineering programs
•       Generate state specific data to support policy decisions,
legislation, and research targeting system responses.
•       Identify, share, and use knowledge and best practices to
improve processes
 
 
 
H-614
It's DEAD, the citizens WIN  :-)
This is the "We Hate YOU troublemakers that come and bother US"  bill
It requires that anyone who spends $250 dollars on lobbying efforts must
have a "Lobbyist" tag on.
That doesn't include living expenses, but it does include handouts, phone calls,
books or anything that would be used to lobby YOUR Representative with.
THIS IS A VERY ANTI-CITIZEN BILL
 
 
HB-593
It's DEAD, the citizens WIN  :-)
So much for being able to buy school supplies during
"Back to school" sales.
This is a very anti-citizen legislature this year.
BUT THAT'S OK, BECAUSE THE FINES GO TO THE SCHOOLS!!!!!
 
 
 
HB-683
$$$$$ Public schools budget $$$$$
This is a red ink budget buster
But of course it passed...   :o(
 
 
SB-1471
The negative supplemental that "fixes" the shortfall for this year,
How about next year?
 
 
S-1360
It is in JoAn Woods Transportation Committee
THANKS JoAn!!!  IT'S DEAD!!!
:o)
CALL
We all know that we need to belt up.  That isn't the issue here.
This is a property rights issue...sort of.   If WE want to have belts be a criteria for
a ride in OUR car, isn't that OUR choice?
There was a killing vote to send it to the floor.  But, the committee decided to pass this to the floor, and let the whole body amend this as they see fit, once again the proponents
feel a responsiblity to help us save our lives.
 
 
H-636
TEACHERS WIN ON THIS ONE.... IT'S DEAD  :o(
THIS IS IN THE HOUSE ED COMMITTEE
CALL - IT HAS BEEN AMENDED AND AMENDED
EDUCATION
Amends existing law relating to renewable contracts of
certificated school personnel to provide that contracts automatically
renewed shall be negotiable as to length of term and salary.
This is a good bill
 
 
 
HB-535
IF YOU LIKED THIS YOU WILL BE HAPPY, IF NOT YOU WILL BE SAD.
IT PASSED
SENATE ED COMMITTEE HAS HAD THIS SINCE FEB 13
SCHROEDER WILL STALL THIS.  IF YOU WANT IT- CALL
The key word here is "Requires" the demonstration of
academic proficiency for Homeschoolers to participate in classes.
I have been contacted by Barry Peters, and he said he was part of the process.
I still have concerns with having code combine testing and homeschooling in one bill.
All to often, it gets amended later to change the original intent.
I am opposed to this bill.
 
 
 
HB-487
THIS PASSED  :o(
THIS IS HEADED FOR THE SENATE
YOU REALLY NEED TO CALL!!!!
BOY YOU HAD BETTER MAKE SURE YOUR LAND IS "CONTIGUIOUS"
THIS IS not a good bill, the definition that is given to "contiguous"
to determine the way a property is taxed, is very poor.
It doesn't allow for property across a road to be considered as the same parcel.  It is a
tax grab bill, that is poorly written. amended it might be better.
This is Rev and Tax.
 
 
 
HCR-036
THIS IS DEAD.....SO SAD.....:o(
THIS IS PARKED IN TILMAN'S COMMITTEE
Character Based Sex Ed
This is an "abstinence only" concurrent resolution to be distributed in schools to encourage
an "Abstinence Only" sex-ed curriculum
 
 
HB-429
I THINK WE HAVE WON THIS ONE.  I'M GLAD THEY LISTENED     :-)
LOOKS LIKE THE A.G. HAS KILLED THIS ONE.
This bill amends section 33-1009 of the Idaho Code so the legislature can
appropriate as much as they want to fund the state's salary schedule for
school employees without the risk of raising state taxes.
The way it reads now, their over spending can eventually
be moved to property tax
This is an attempt to keep JFAC's over spending off of the property tax bill.  I do appreciate the effort,
but it is a bandaide on a gapping wound.
AT THE MOMENT THIS IS IN THE ATTORNEY GENERAL'S OFFICE FOR REVIEW.
 
 
SB-1306
THIS HAS BEEN PARKED SINCE JANUARY, IT'S DEAD  :-)
This is a dandy.  It allows Districts to shut down classroom time when the money for pay increases
don't come through in the budget.   Actually I do see some virtue in this.  At least if the time in class is cut
down, then the time is going to have to be spent in a more productive manner, if they are going to
meet the exiting standards, and if they don't, Bush says they are "toast."
 
 
This is a good one!!
H-475
DEAD.....  :o(
SCHOOL TRUSTEES - ELECTION - Amends existing law to  provide that school trustee elections
shall be held on the fourth  Tuesday in May. It puts trustee elections on the same day as the primaries.
They stay under the perview of the schools, but it is a start.
~~~~~~~~~~~~~~~~~~~~~~~~~
 
 
 
All Supplementals and their votes
This is my link to all of the supplemental appropriations that
have gone through JFAC, and who voted how.  As well as,
what the are for.
 
HB-470
DEAD.....  :o)
THIS WAS THE BAD ONE,
IT ADDS MORE DATES FOR THE $$$ LEVIES
 
 
HB-488
PASSED.....  :o)
This is a good one, it helps with the cost of Development &
Property tax.
 
S 1318
PASSED.....  :o(
GIVE  LOERTSCHER  SOME HELP!!
LET'S CALL AND DUMP THIS THING!!!!
HERE IS THIS H&W $$$ PROGRAM
I am told we REALLY neeeed this  ???
I don't think soooo...
 
 
HB-425
TERM  LIMITS  REPEAL
PASS
 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

The House wrapped up at 5:42 p.m. The Senate finished at 7:09 p.m. Friday,
and Gov. Dirk Kempthorne hailed the 105-member Legislature's work. "We have a balanced budget and we've done it without raising taxes."   (Yet)

At that same moment I was happily sharing my time with my family as we
celebrated the marriage of our youngest son.  What a wonderful time.  It does give a perspective to all things....It helps to understand that some things are of an eternal nature, and some things are of a temporal nature.  It also brings home the fact, that in fact, all things on this Earth are in some way spiritual.  Why?  Because all the deeds of man are, if not now, at a later point in time going to be reviewed by the "Almighty God."  At which time, those things that were thought to be temporal, will become very spiritual.  As I have watched this past session of the legislature, it has saddened me greatly.  Indeed, much that has been viewed as temporal, will very soon become very spiritual.

I have never seen a session where there was so much self focus by the
members of the body.  We saw an effort to put a limit on citizens right to "lobby" their legislators without having to register as a lobbyist.  Thankfully that failed 21-47.  We saw efforts to squeeze more money out of the citizen's pockets by raising property taxes without a vote.  That passed the House, but thankfully that failed in the Senate committee 6-3 as well.   We saw an anti-free enterprise bill that was to fine merchants $5000 if they wanted to sell off their excess merchandise below cost, and the proceeds of the fines were to go to education(!?!)  That beauty died on the floor of the House.
I can't believe it got out of the committee..... We saw the repeal of the
people's initiative. That passed.  We saw a Boise citizens group try for the second year, to get the right to vote as to whether their property was going to be annexed into a city, and be taxed...The "Cities" government lobbyists win again, no vote for you, says the legislature.  We saw another assault on your personal freedoms swim through the senate in a river of tears (13-22),  when a hurting mother tried to make not wearing a seat belt a primary offense.  Luckily it hit dry dock in the House Transportation committee.  Pass of fail, it is appalling that these and other bills were even considered as viable Idaho Law!!   By the way, we all know that bills are often resurrected in subsequent years, how many of these will be back?

The IEA won again, when there was an effort made to get some accountability in the teacher's contracting.  And of course we just couldn't bear having anything get out of committee that might relate to "Character Based sex-ed" for our children.  As all to often happens, we saw two fetal homicide bills, one passed, and one was killed, based on who sponsored them, rather than their actual legal content.  With a chuckle, this will be one pro-life bill that the ACLU probably won't be challenging.  Interestingly enough, the one that passed was bad enough, that the sponsor had to come back with an emergency "trailer bill" to try fix up some of the mess at the last minute.  If that isn't playing politics with our laws, I don't know what is.  Oh yes, and we saw another data bank added to H&W's growing family of programs.  This one will do nothing but demand more money to support the collection of data to create more programs that require more money, etc.,etc.,etc...Is self serving legislators playing political chess with
our lives and family's future...Spiritual or temporal?

We saw more and more money being spent, and it was done under the flag
of "cut backs."  But, as it has been said, they are simply cutbacks on the
increase.....We have taken $26.7 million from the rainy-day fund, effectively cutting it in half.  We have diverted money from the tobacco settlement -- an estimated $27 million.  We have transferred $22 million from the Capitol project to the state´s general fund, and rearranged, I can't tell you how much money, from one fund to another to make things "look good" to those who are watching.  In reality most of the additional money given to agencies to run the state was "one time money."  Yet in the face of this money shell game, the "Idaho digital learning academy"  virtually sailed through both the House and the Senate without any opposing votes, as the members of JFAC politely pointed out there is no money to fund this new bureaucracy, and then blithely voted for this new project.  Our illustrious legislature has gambled on our future and our economic stability for their political gain, and what they hope will be their political future. Now you tell me, was this session temporal, or spiritual in nature?

And now for the final question of all...Have you sincerely looked at your
personal ability to run for an office?  I have, and I sincerely hope each of you
have.  There is only one real qualification to run, and that is a willingness to
sacrifice your time and talents for at least one term for the betterment of the county, and state.  I do realize not everyone is in a family situation that allows them to run for an office.  But I also know there are thousands of retired or semi-retired people out there that have the ability to run for an office.  I also realize that the thought of a campaign is very intimidating.  I promise you help and guidance with that.  If we re-elect these people SIMPLY because they didn't have any opposition, because there wasn't a willingness to make the sacrifice the ACCOUNTABILITY IS OURS, again is the problem temporal or spiritual?

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
This is another rundown, taken from the Idaho
Statesman, with my added comments on
the session

Taxes and Budget

The I encouraged the Legislature to retain the more than $100
million in permanent tax cuts approved last year.

What happened? The tax cuts were never seriously reviewed.

The I suggested dipping into reserves, the state´s "rainy-day
fund," if necessary.

What happened? Lawmakers have taken $26.7 million from the rainy-day fund,
effectively cutting it in half.

We said the state should not use tobacco settlement money to solve
budgetary woes, It is considered "one time money"  and it is dangerous
to fund ongoing things with one time money.

What happened? Lawmakers will divert money from the tobacco settlement --
an estimated $27 million, according to the Associated Taxpayers of Idaho.

The Statesman said lawmakers should oppose further tax cuts because the
state can´t afford them.  I disagreed with that, tax cuts stimulate spending.

What happened? Lawmakers approved a tax break intended to lure investors
to put their money behind innovative business ideas.

The break, which now goes to Gov. Dirk Kempthorne´s desk, could cost the
state up to $30 million, sometime after 2009.

The I laughed at Kempthorne´s forecast of 4.3 percent revenue growth for 2002-03.

What happened? Lawmakers were a little skeptical, too. Budget-writers still
spent on the assumption that the economy will grow by only 2.3 percent. This
is still laughable.

Education

The I supported Kempthorne´s decision to extend budget cuts to
public schools.  This was the only solution, but they still over funded the
programs, and left the code that sets the "floor" at the "ceiling" for teachers
salaries.  This will continue to prove to be more expensive than we can
manage.

What happened? So did lawmakers. They cut this year´s public school budget
from $933 million to $909.9 million, in a "smoke and mirrors" attempt to
correct last years disaster.

The Idaho Statesman said legislators should make graduation standards a
spending priority or hold off on the 2005 target date.  I wanted to postpone
all of this effort.

What happened? Budget-writers will spend $4 million helping teachers
prepare for standards. That´s down from $8 million a year ago. The final
call on the standards timetable belongs to the State Board of Education.

The Statesman said lawmakers should deal with the school safety issue
proactively, rather than waiting for District Judge Deborah Bail to issue
her orders.  I think this is a joke that is playing out to be just that.....this
is a big nothing to get the legislature to cough up more money.

The Statesman said the state should lower the two-thirds "supermajority"
on school bond issues.  I STRONGLY disagreed with this move

What happened? Lawmakers have sent Kempthorne a bill that will subsidize
interest payments for school construction; subsidies will be given out on a
sliding scale favoring districts in poorer areas.

Also on the way to Kempthorne: a bill authorizing the state to pay interest
on bond issues that fix school health and safety problems. This is an ongoing
ridiculious unfixable problem.  The real problem is a lack on will on the part
of trustees to use their own money to fix the problems.  It is a blackmail effort
to get more and more money out of the taxpayer.

Lawmakers did not act on the "supermajority," as Kempthorne had called for
in his State of the State address.

Term Limits

The I said the Legislature should not take on the term-limits
issue, saying Idaho voters have spoken on the issue.  Their actions
have been appalling, and rather unbeliveable.  Sadly some of our
best were put in a very tough position, as to how to vote.  On
principle, they felt it was the vote of the people that mattered,
but with that same feeling, it was the people who voted for the
initiative.  So, they were in legitimate conflict with how to vote.

What happened? Lawmakers didn´t heed our advice -- and didn´t pay much
more attention to term-limits backers and Kempthorne. Idaho became the
first state to repeal a voter-passed term-limits initiative, overriding
Kempthorne´s veto. This controversial move will allow dozens of county
officials to run again this year and could allow two-thirds of the
Legislature to run again in 2004, when term limits would have affected
legislators.

The we all laughed at  a constitutional amendment designed to quash
future term-limits initiatives.

What happened? House Speaker Bruce Newcomb floated the idea of an
amendment, but didn´t push it.

Health and Welfare

The Statesman expressed skepticism about Kempthorne´s plans for
curtailing the growth of Medicaid spending.

What happened? Budget-writers, like Kempthorne, are hoping to hold the
Medicaid spending increase to 6 percent, with cost cuts such as reduced
dental benefits. The program will still get $240 million next year.

. The Statesman supported getting rid of the advertising restrictions on
Children´s Health Insurance Program.

What happened? A Senate committee killed a bill allowing more promotion of
CHIP. The state also will spend no more than $3.8 million on CHIP, a
federal-state health program providing health care to about 12,000 children

Anti-terrorism

. The Statesman opposed Attorney General Al Lance´s bill to allow a state
agency to seal public records, with a judge´s approval.

What happened? The Senate State Affairs Committee killed the bill, which
had passed the House.

. The Statesman opposed Lance´s bill on price gouging in times of crisis,
saying it was vague.

What happened? Both houses passed Senate Bill 1357, which awaits action by
the governor.

Buildings

. The Statesman said the Legislature should not delay the Capitol
improvement project to fix the budget.

What happened? Kempthorne put on hold the Capitol project, as well as
state university building projects. House Bill 701, which transfers $22
million from the Capitol project to the state´s general fund, has passed
the Legislature and now goes to Kempthorne.

. The Statesman said the state should remodel the old Ada County
Courthouse, which it now owns.

What happened? A House committee approved a facelift and four-story
addition for the Depression-era building, but the state´s budget crunch has
the project on indefinite hold.

Prisons

. The Statesman encouraged lawmakers to kill a far-reaching rule that
would allow the Correction Department to seal documents.

What happened? Legislators killed the proposed rule.

. The Statesman encouraged lawmakers to maintain the inmate treatment
programs, calling it a key to helping inmates prepare for life after
prison.

What happened? The state will spend a little more than $1.6 million on
treatment programs. The good news: That should allow Correction to maintain
programs now in place. The bad news: Statewide budget cuts last year forced
reductions in prison treatment programs.

Business

. The Statesman opposed a bill aimed at cracking down on businesses that
charge below cost on items.

What happened? The House voted 41-28 to kill the bill.

Place Names

. The Statesman again favored passing a bill to remove the word "squaw"
from all Idaho place names. A similar bill had failed in 2001.

What happened? Lawmakers did not do this, but did pass a resolution
encouraging people, or local governments, to ask the State Historical
Society to change offensive place names.

Closed Caucuses

. The Statesman again encouraged the Legislature to open up closed party
caucus meetings.

What happened? Republicans again used closed caucuses to discuss several
key issues -- including term limits. House and Senate Democrats opened
their caucuses.

Fetal Homicide

. The Statesman opposed the so-called "Noah´s law" addressing fetal
homicide. The Statesman supported an alternative bill, proposed by Sens.
Sheila Sorensen and Betsy Dunklin, addressing attacks upon a pregnant
woman.

What happened? Kempthorne has indicated he will sign "Noah´s Law" -- which
extends murder, manslaughter and aggravated assault law to cover "a human
embryo or fetus." The Senate approved a bill addressing attacks on a
pregnant woman, but the House Judiciary Committee voted it down.

Impact Fees

. The Statesman opposed a bill to restructure the way the Ada County
Highway District can collect impact fees to pay for new roads, saying it
would set a precedent for other local governments.

What happened? The bill was amended to give ACHD more time to comply with
it. It passed the Legislature easily. It now goes to Kempthorne´s desk.

Land Use

. The Statesman opposed Newcomb´s proposed constitutional amendment on the
"takings" issue, saying it would hamstring local planning and zoning.

What happened? Newcomb pulled the proposal before the House could vote on
it.

Capital Punishment

. The Statesman supported a bill to prohibit imposing the death penalty
for people who are mentally retarded.

What happened? A House committee killed the bill.

Rural Idaho

. The Statesman encouraged lawmakers to approve Kempthorne´s plan to spend
$3.5 million to help bring new jobs to rural Idaho, saying Idaho needed to
continue its commitment to bringing jobs to small towns.

What happened? The Commerce Department budget offers $500,000 to keep
economic consultants in small towns, and provides $3 million in rural
economic grants. The Gem Community grant program is cut from $400,000 to
$150,000. It has passed the Legislature and now goes to Kempthorne´s desk.

Seat Belts

. The Statesman encouraged the Legislature to pass a tougher seat-belt
law, saying increased seat-belt use would save lives.

What happened? The House Transportation and Defense Committee killed a
bill to increase seat-belt fines from $5 to $25, and to require all
passengers to buckle up. The bill had passed the Senate.

Tribal gaming

. The Statesman has encouraged the Legislature to approve a bill to
resolve the tribal gaming issue, since it would head off the need for a
voter initiative.

What happened? As they did last year, lawmakers refused to OK an agreement
with tribes. Now tribes will push an initiative that would afford them more
control over gambling on the reservations.

Wildlife

. The Statesman favored management plans for Idaho wolves and for
grizzlies outside Yellowstone National Park -- but said the state should
pay to manage the animals.

What happened? The wolf plan and grizzly plans have passed the
Legislature. Both are resolutions, not bills, so Kempthorne does not have
to sign either measure. Both plans tie state grizzly and wolf management to
federal funding.