farmbureau-issues

March 21, 2000

Legislative Session Speeding Up (slightly)

             With warmer weather and spring rapidly approaching, the Idaho Legislature is
             beginning to set budgets, and move critical legislation so the session will soon
             begin to wind down. The Senate is at least 100 bills behind the House, but when
             the decision is made to end the session, many bills will be moved in a short time.
             IFBF has many bills that we are still monitoring carefully, but a lot of bills are now
             complete. Look for an April 1 closing of the legislature, that is the date we hear
             bantered around the most.

Contractor Licensing SB 1343

             After considerable maneuvering and arguments galore, the contractor licensing bill
             dropped quietly from the agenda of the Senate and is dead for this year. Further
             amendments were offered to try to salvage the bill, but the amendments were not
             allowed to be added and the bill was withdrawn for further consideration.
             Contractors are now talking about working on a new bill for next year, so those
             who want or don’t want contractor licensing should plan on participating in the
             discussions with your local contractors. Another bill addressing greater consumer
             protection from contractors has cleared the House, but has not as yet had a
             hearing in the Senate. We are told that the contractors themselves do not like
             this bill (HB 477) so it’s fate is undecided at this point.

S1343.......................................by COMMERCE AND HUMAN RESOURCES
CONTRACTORS - Adds to existing law to provide for the licensing of
contractors; to provide that licenses shall be required on and after
January 1, 2001; and to authorize the Idaho Contractors Board to collect a
fee from each applicant, a portion of which may be refundable.
    D-DEAD Thanks to Commerce & Human Resources and Leadership
02/02    Senate intro - 1st rdg - to printing
02/03    Rpt prt - to Com/HuRes
02/18    Rpt out - rec d/p - to 2nd rdg
02/21    2nd rdg - to 3rd rdg
03/02    To 14th Ord
03/15    Rpt out w/o amen - ret'd to Com/HuRes

Eminent Domain Bills

             There are still 7 bills and one resolution pertaining to Eminent Domain that we
             would like to support if the bills start moving. So far only a couple have moved, HB
             681 is sponsored by Rep. Jim Kempton (R) Albion and has cleared the House on
             a 51-17 vote. This bill establishes just compensation for eminent domain takings
             for both property and business losses. HB 681 will be heard in the Senate Local
             Government & Taxation Committee on Friday of this week and IFBF will be
             supporting the bill. We have heard so many horror stories of dealings with ITD and
             Highway Districts, that we are willing to support any legislation that offers
             protection of private property rights. It still is not clear if the interim study
             committee will kick in and take all 7 bills and thrash them out into one
             comprehensive bill, but as long as some of the bills are moving IFBF will be
             supporting them.

H-681......................................................by STATE AFFAIRS
EMINENT DOMAIN - Amends existing law relating to eminent domain proceedings
to revise the formula and procedure for assessment of damages when the
damages are to any established business of more than five years' standing;
and to provide that in eminent domain proceedings, the plaintiff's good
faith in failing to offer compensation for business damages shall not be
contested at hearing if the defendant has not given notice of its intent to
claim business damages prior to the date of filing the motion that
initiates the proceeding under this section.

02/24    House intro - 1st rdg - to printing
02/25    Rpt prt - to Transp
03/03    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 51-17-2
      AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Black,
      Bruneel, Callister, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
      Field(20), Geddes, Gould, Hadley, Hammond, Hansen(23), Hornbeck,
      Jones, Judd, Kempton, Kendell, Kunz, Lake, Linford, Loertscher,
      Mader, McKague, Meyer, Montgomery, Mortensen, Moss, Pearce, Pischner,
      Pomeroy, Reynolds, Ridinger, Sali, Schaefer, Sellman, Shepherd,
      Stevenson, Stone, Taylor, Tilman, Wheeler, Wood, Zimmermann, Mr
      Speaker (good guys)

      NAYS -- Bieter, Boe, Chase, Cheirrett, Clark, Gagner, Henbest,
      Jaquet, Kellogg, Marley, Moyle, Ringo, Robison, Smith, Smylie,
      Stoicheff, Trail
      Absent and excused -- Campbell, Hansen(29)
    Floor Sponsor - Kempton
    Title apvd - to Senate
03/13    Senate intro - 1st rdg - to Loc Gov
03/20    Rpt out - rec d/p - to 2nd rdg
03/21    2nd rdg - to 3rd rdg
03/31    3rd rdg as amen - PASSED - 29-5-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Darrington, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen,
      Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson,
      Riggs, Risch, Sandy, Schroeder, Stennett, Thorne, Wheeler, Williams
      NAYS--Crow, Danielson, Davis, Stegner, Whitworth (good guys)
      Absent and excused--Sorensen
    Floor Sponsor - Schroeder
    Title apvd - to House

Species Reintro Bill SB 1497

             Rep. Lenore Barrett (R) Challis finally got her bill heard and passed in the Senate
             Resources & Environment Committee, chaired by Sen. Laird Noh (R) Kimberly.
             This bill was actually crafted last year but failed to get a Senate hearing. This
             year the bill started in the Senate and in Senator Noh’s committee. IFBF strongly
             supports this bill and had our legal counsel Tom Arkoosh of Gooding present
             testimony supporting the legal argument that a state can have a say in the
             Endangered Species Act. SB 1497 is a very simple bill that states if you are
             bringing a reintroduction of a species into Idaho, you must first secure the
             approval of the Idaho legislature. American Farm Bureau assistant general
             counsel Rick Krause helped prepare the argument that the Idaho legislature going
             on record, added another dimension to the debate and erected another hurdle the
             feds will have to address in the grizzly issue. Perhaps in the end the Feds can
             trump the state, but without a law on the books, the Feds don’t even have to
             worry about Idaho’s concerns. The committee apparently liked the bill and it
             passed on a 11 to 1 vote with only Senator Clint Stennett (D) Ketchum voting
             against the bill.

S1497...............................................by AGRICULTURAL AFFAIRS
SPECIES REINTRODUCTION - Adds to existing law to require any federal
agency, including the United States Fish and Wildlife Service, to secure
approval of the Idaho State Legislature prior to introducing or
reintroducing any species into the state of Idaho.

02/21    Senate intro - 1st rdg - to printing
02/22    Rpt prt - to Res/Env
03/14    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 27-5-3
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Frasure, Geddes, Hawkins, Ingram,
      Ipsen, Keough, Lee, McLaughlin, Parry, Richardson, Riggs, Risch,
      Sandy, Sorensen, Stegner, Wheeler, Williams (good guys)

      NAYS--Dunklin, Noh, Schroeder, Stennett, Whitworth
      Absent and excused--Davis, King-Barrutia, Thorne
    Floor Sponsors - Burtenshaw, Williams
    Title apvd - to House
03/17    House intro - 1st rdg - to Res/Con
03/24    Rpt out - rec d/p - to 2nd rdg
03/27    2nd rdg - to 3rd rdg

School Facility Inspections SB 1484a

             Sen. Shawn Keough (R) Sandpoint sponsored SB 1484a which requires a school
             district to have a yearly independent inspection of the school facilities in the
             district and to make the report available to the public. We feel with the lawsuit
             going on over school facilities, that it seems only right that the facilities need an
             independent inspection so that patrons will know the true status of all of the
             district facilities. The full Senate liked the bill and this week sent it to the House
             on a 30-4 vote. IFBF supports the bill.

S1484aa........................................................by EDUCATION
SCHOOL FACILITIES - INSPECTION - Adds to existing law to require an annual
inspection of school facilities; to require a report to the board of
trustees of the school district; and to require publication of a summary of
the report.

02/21    Senate intro - 1st rdg - to printing
02/22    Rpt prt - to Educ
03/03    Rpt out - to 14th Ord
03/07    Rpt out amen - to engros
03/08    Rpt engros - 1st rdg - to 2nd rdg as amen
03/09    2nd rdg - to 3rd rdg as amen
03/15    3rd rdg as amen - PASSED - 30-4-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Danielson, Davis, Deide, Dunklin, Frasure, Geddes, Ingram, Ipsen,
      Keough, King-Barrutia, Lee, McLaughlin, Noh, Richardson, Riggs,
      Risch, Sandy, Schroeder, Sorensen, Stennett, Thorne, Wheeler,
      Whitworth, Williams (good guys)

      NAYS--Darrington, Hawkins, Parry, Stegner
      Absent and excused--Crow
    Floor Sponsor - Keough
    Title apvd - to House
03/16    House intro - 1st rdg as amen - to Educ

Beef Cattle Environmental Control Act SB 1398

             SB 1398a received its hearing in the House Ag Affairs Committee, chaired by
             Rep. Doug Jones (R) Filer this week. The bill which has cleared the Senate had a
             strong group of cattle assoc. supporters and received a unanimous do-pass
             recommendation from the committee. IFBF supports the bill and it should be
             voted on by the full House on Friday of this week.

S1398aa.............................................by AGRICULTURAL AFFAIRS
BEEF CATTLE ENVIRONMENTAL CONTROL ACT - Adds to existing law to establish
the "Beef Cattle Environmental Control Act"; to provide a short title; to
provide legislative intent; to provide authority and duties of the director
of the Department of Agriculture concerning beef cattle animal feeding
operations; to provide definitions; to provide for design and construction
of new and modified beef cattle animal feeding operations; to require
nutrient management plans; to authorize inspections; to prohibit
unauthorized discharges; to provide enforcement; and to provide that all
beef cattle animal feeding operations operating in compliance shall be
deemed to be in compliance with all state laws protecting natural resources
in the state.

02/10    Senate intro - 1st rdg - to printing
02/11    Rpt prt - to Agric Aff
02/22    Rpt out - to 14th Ord
02/23    Rpt out amen - to engros
02/24    Rpt engros - 1st rdg - to 2nd rdg as amen
02/25    2nd rdg - to 3rd rdg as amen
03/02    3rd rdg as amen - PASSED - 33-1-1
      AYES--Andreason, Bunderson, Burtenshaw, Cameron, Crow, Danielson,
      Darrington,Davis, Deide, Dunklin, Frasure, Geddes, Ingram, Ipsen,
      Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson,
      Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
      Walton, Wheeler, Whitworth, Williams
      NAYS--Hawkins
      Absent and excused--Boatright
    Floor Sponsors - Branch, Burtenshaw
    Title apvd - to House
03/03    House intro - 1st rdg as amen - to Agric Aff
03/15    Rpt out - rec d/p - to 2nd rdg as amen
03/16    2nd rdg - to 3rd rdg as amen
03/20    3rd rdg as amen - PASSED - 51-17-2
      AYES -- Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister,
      Campbell, Chase, Clark, Crow, Cuddy, Deal, Ellsworth, Field(13),
      Field(20), Hadley, Hammond, Hansen(23), Hansen(29), Henbest,
      Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake,
      Linford, Mader, Marley, Meyer, Montgomery, Mortensen, Moyle,
      Pischner, Pomeroy, Ridinger, Schaefer, Sellman, Shepherd, Smith,
      Smylie, Stevenson, Stoicheff, Stone, Trail, Wheeler, Zimmermann
      NAYS -- Alltus, Barraclough, Cheirrett, Denney, Gagner, Geddes,
      Gould, Loertscher, McKague, Pearce, Ringo, Robison, Sali, Taylor,
      Tilman, Wood, Mr Speaker
      Absent and excused -- Moss, Reynolds
    Floor Sponsors - Lake, Field(20)
    Title apvd - to Senate
03/21    To enrol
03/22    Rpt enrol - Pres signed
03/23    Sp signed
03/24    To Governor

Local Option Swine Facility Siting Act SB 1478a

             SB 1478 which is a siting bill for swine operations of 20,000 head and above and
             crafted by Sen. Denton Darrington (R) Declo was heard in the House Ag Affairs
             Committee this week and elicited a large turnout and very emotional debate. The
             Senate passed (24-10) bill, imposes certain requirements on large swine
             operations and was totally opposed by the large swine operation that is
             attempting to locate in Cassia County. IFBF was basically neutral on the bill, for
             we were concerned that the set back requirements are very restrictive and might
             be used to set a standard for other CAFOs. The bill had a legislative intent
             amendment attached to it that clarifies that it only pertains to large swine
             operations. This did relieve some of our concern that the set backs would become
             a CAFO siting standard. After 3 hours of testimony the bill passed the committee
             on a unanimous vote and is now one the floor waiting for a full House vote. The bill
             is expected to pass.

S1478aa,aaH...........................................by HEALTH AND WELFARE
LOCAL OPTION SWINE FACILITY SITING ACT - Adds to existing law to provide
the "Swine Facility Siting Act"; to provide a short title; to provide
legislative findings; to require site approval; to provide that site
approval is supplemental; to provide that participation is local option; to
provide that the director may make rules and contract with other agencies;
to provide location guidelines; to establish site review panels; to require
a siting application and to provide for fees; to require financial
assurance for closure and remediation; to provide duties of the director
relative to application and to provide that a director may request
additional information; and to provide for violations and enforcement.

02/18    Senate intro - 1st rdg - to printing
02/21    Rpt prt - to Health/Wel
02/25    Rpt out - to 14th Ord
03/01    Rpt out amen - to engros
03/02    Rpt engros - 1st rdg - to 2nd rdg as amen
03/03    2nd rdg - to 3rd rdg as amen
03/06    3rd rdg as amen - PASSED - 24-10-1
      AYES--Andreason, Boatright, Bunderson, Cameron, Darrington, Dunklin,
      Frasure, Geddes, Ingram, Ipsen, Keough, King-Barrutia, Lee,
      McLaughlin, Noh, Richardson, Risch, Sandy, Schroeder, Sorensen,
      Stegner, Stennett, Thorne, Wheeler

      NAYS--Burtenshaw, Crow, Davis, Deide, Hawkins, Parry, Riggs, Walton,
      Whitworth, Williams
      Absent and excused--Danielson
    Floor Sponsor - Darrington
    Title apvd - to House

03/07    House intro - 1st rdg as amen - to Agric Aff
03/15    Rpt out - to Gen Ord
03/16    Rpt out amen - to 1st rdg as amen
03/17    1st rdg - to 2nd rdg as amen
03/20    2nd rdg - to 3rd rdg as amen
03/29    3rd rdg as amen - PASSED - 61-4-5
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Deal,
      Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond,
      Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd,
      Kellogg, Kempton, Kendell, Kunz, Lake, Marley, McKague, Meyer,
      Montgomery, Mortensen, Moss, Pearce, Pischner, Pomeroy, Reynolds,
      Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith,
      Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Wheeler, Wood,
      Zimmermann, Mr Speaker
      NAYS -- Denney, Linford, Loertscher, Mader
      Absent and excused -- Crow, Cuddy, Ellsworth, Moyle, Trail
    Floor Sponsor - Kempton
    Title apvd - to Senate
03/30    Senate concurred in House amens - to engros
    Rpt engros - 1st rdg - to 2nd rdg as amen
03/31    2nd rdg - to 3rd rdg as amen
04/03    3rd rdg as amen - PASSED - 34-1-0
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Walton, Wheeler, Williams
      NAYS--Whitworth
      Absent and excused--None
    Floor Sponsor - Darrington
    Title apvd - to enrol
02/18    Senate intro - 1st rdg - to printing
02/21    Rpt prt - to Health/Wel
02/25    Rpt out - to 14th Ord
03/01    Rpt out amen - to engros
03/02    Rpt engros - 1st rdg - to 2nd rdg as amen
03/03    2nd rdg - to 3rd rdg as amen
03/06    3rd rdg as amen - PASSED - 24-10-1
      AYES--Andreason, Boatright, Bunderson, Cameron, Darrington, Dunklin,
      Frasure, Geddes, Ingram, Ipsen, Keough, King-Barrutia, Lee,
      McLaughlin, Noh, Richardson, Risch, Sandy, Schroeder, Sorensen,
      Stegner, Stennett, Thorne, Wheeler

NAYS--Whitworth. Total - 1.

Irrigation Overuse Penalty SB 1423

             Sen. Clint Stennett (D) Ketchum brought in SB 1423 which would increase the
             civil penalty for unauthorized non-irrigation uses of water from $50.00 per 0.1
             cubic feet per second per calendar day to $500.00 per 0.1 cubic feet per second
             per calendar day. Sen. Stennett reported that some dairymen would rather pay
             the $50.00 and simply keep mis-using a water right. IFBF listened to the
             argument and remained neutral in the debate but questioned the rather large
             penalty. Apparently, the full Senate felt like we did and killed the bill on a 13 to 20
             vote.

S1423..........................................by RESOURCES AND ENVIRONMENT
WATER - Amends existing law to increase the penalties for nonirrigation
uses for water illegally used or diverted.
                D-DEAD
02/15    Senate intro - 1st rdg - to printing
02/16    Rpt prt - to Res/Env
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/09    3rd rdg - FAILED - 13-20-2
      AYES--Andreason, Danielson, Dunklin, King-Barrutia, Noh, Risch,
      Sandy, Schroeder, Sorensen, Stegner, Stennett, Wheeler, Whitworth

      NAYS--Boatright, Bunderson, Burtenshaw, Cameron, Crow, Darrington,
      Davis, Deide, Geddes, Hawkins, Ingram, Ipsen, Keough, Lee, Parry,
      Richardson, Riggs, Thorne, Walton/Branch, Williams
      Absent and excused--Frasure, McLaughlin
    Floor Sponsor - Stennett
    Filed with Secretary of Senate

HB 663 Firearms & Ammo Lawsuits Bill

             Rep. Dan Mader (R) Lewiston brought a bill in to head off lawsuits claiming
             damages against gun and ammunition manufacturers by governmental units. IFBF
             liked the bill and have done our best to support Rep. Mader’s bill. Under the
             Clinton administration, it seems like lawsuits against gun manufacturers and
             ammunition manufacturers are being encouraged to destroy the two industries.
             What better way to disarm the public than to destroy the manufacturers. The
             same principle is being utilized in the fight against tobacco. George Mabie, IFBF
             field representative from the Twin Falls area, furnished us some information that
             was distributed to the House Judiciary Committee (chaired by Rep. Celia Gould
             (R) Buhl) and to the entire House that we would like to share. Approximately one
             year ago Australia gave up the right of it’s citizens to bear arms and required the
             surrender and destruction of 640,381 personal firearms. After one year has this
             improved the safety of Australians? Quite the contrary! Homicides have risen
             3.2%, assaults are up 8.6%, robberies up 44% and dramatic increases in break
             ins and assaults on the elderly are occurring. In the state of Victoria, homicides
             with firearms are up 300%. This is a direct result of disarming the public. Clinton
             is more subtle in his approach and weaves in protecting children and fighting the
             NRA lobby as his only agenda, but rest assured the final result will be the same.
             Disarming the populace (but somehow leave the sportsmen out of it until the last).
             HB 663 passed the House on a 65-3 vote and is awaiting a hearing in the Senate
             Judiciary & Rules Committee, chaired by Sen. Denton Darrington (R) Declo. You
             may want to call the good Senator and let him know what you think of the bill.

H-663................................by JUDICIARY, RULES AND ADMINISTRATION
FIREARMS/AMMUNITION MANUFACTURERS - Adds to existing law to provide that a
governmental unit may not bring suit against a firearms or ammunition
manufacturer, trade association or seller for recovery of damages resulting
from or injunctive relief or abatement of a nuisance relating to the lawful
design, manufacture, marketing or sale of firearms or ammunition to the
public; to allow suit after legislative authorization; and to provide when
suits are authorized and to allow the Attorney General to bring suit under
certain circumstances.

02/22    House intro - 1st rdg - to printing
02/23    Rpt prt - to Jud
03/08    Rpt out - rec d/p - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
03/14    3rd rdg - PASSED - 65-3-2
      AYES -- Alltus, Barraclough, Barrett, Bell, Black, Boe, Bruneel,
      Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal,
      Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hadley, Hammond, Hansen(23), Hansen(29), Hornbeck, Jaquet, Judd,
      Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader,
      Marley, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
      Pomeroy, Reynolds, Ridinger, Ringo, Sali, Schaefer, Sellman,
      Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
      Trail, Wheeler, Wood, Zimmermann, Mr Speaker (GOOD GUYS)

      NAYS -- Bieter, Henbest, Robison
      Absent and excused -- Jones, McKague
    Floor Sponsor - Mader
    Title apvd - to Senate
03/15    Senate intro - 1st rdg - to Jud
03/21    Rpt out - rec d/p - to 2nd rdg
03/22    2nd rdg - to 3rd rdg

Sales Tax Adjustment Bills HB 580 & HB 552

             This week the House Local Government & Taxation Committee, chaired by Rep.
             Dolores Crow (R) Nampa, held both bills that would have adjusted the sales tax.
             Rep. Frank Bruneel (R) Lewiston, proposed that the sales tax be lowered to 4%
             but that it be applied to almost all services from haircuts to auto repair. Rep.
             Chuck Cuddy (D) Orofino, proposed raising the sales tax to 6%, keeping the
             exemptions in the current bill but removing the M & O for schools from the
             property tax. This would have meant about a 3 mill drop in everyone’s taxes. In
             studying the bills, there was some pluses in each bill, but both had far reaching
             implications that the Revenue & Tax Committee felt needed more study. Perhaps
             next year something will be proposed to give meaningful property tax relief.

H-552...............................................by REVENUE AND TAXATION
SALES TAX INCREASED - Amends and repeals existing law to increase the sales
and use tax to six percent; to delete the authority for school districts to
levy for maintenance and operation purposes; and to provide a formula to
replace those moneys from the increase in the sales and use tax.
        D-DEAD
02/11    House intro - 1st rdg - to printing
02/14    Rpt prt - to Rev/Tax

H-580...............................................by REVENUE AND TAXATION
SALES TAX - Amends, repeals and adds to existing law to decrease the sales
and use tax by one cent; to provide for a sales tax on services; to delete
the school maintenance and operation levies; to provide for the
distribution of sales tax revenues to the Public School Income Fund to be
utilized for property tax replacement; and to revise how the property tax
replacement is calculated.
         D-DEAD
02/16    House intro - 1st rdg - to printing
02/17    Rpt prt - to Rev/Tax

Of Gambling & Exotic Dancers

             This session is certainly going to be remembered as the year that gambling and
             dancers were front stage. The issue first started with consideration of the
             Sho-Ban, Idaho compact where the tribe would submit the question of legality of
             pull tab machines to a federal judge to determine legality of the machine. The
             NezPerce and Coeur d’Alenes felt such a submission could put their pull tabs in
             jeopardy and fought the idea tooth and nail in the House. HB 694 cleared the
             House State Affairs committee and eventually passed the House on a 57-1 vote
             (12 absent). That bill is now in the Senate State Affairs Committee awaiting a
             hearing. Two bills then showed up in the Senate State Affairs Committee SB 1416
             and SB 1417a to keep dancers at least 6 feet away from patrons and to prohibit
             certain acts. Both bills are still being held in committee. Then Rep. Jeff Alltus (R)
             Hayden brought in a 13 page bill, HB 724, aimed at the Exotic Dancing Club
             between Spokane and Coeur d’Alene and leaving nothing to the imagination, by
             defining everything in the bill that was illegal. This prompted a large turnout of
             dancers and other employees of such businesses and the House State Affairs
             Committee, chaired by Rep. Bill Deal (R) Nampa, has yet to make a decision on
             that bill. This week three more bills arrived in the Senate State Affairs committee
             aimed at gambling type devices by defining most everything that spins, gives
             points, etc. as gambling. These bills have not been heard. I guess from the IFBF
             standpoint, we didn’t realize there was that much of a problem in our state that
             required so much legislation.

H-694......................................................by STATE AFFAIRS
INDIAN GAMING COMPACT - Adds to existing law to provide a statement of
background and purpose; to provide for resolution of gaming issues between
the Shoshone-Bannock Tribes and the state in federal court; to provide
ratification and implementation of the gaming compact between the
Shoshone-Bannock Tribes and the state for Class III gaming; authorizing the
Governor to waive immunity provided by the Eleventh Amendment to the United
States Constitution for issues arising under the compact; and providing for
confidentiality of records.

02/25    House intro - 1st rdg - to printing
02/28    Rpt prt - to St Aff
03/03    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/09    3rd rdg - PASSED - 48-21-1
      AYES -- Barraclough, Bell, Black, Boe, Bruneel, Callister, Cheirrett,
      Crow, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
      Gould, Hadley, Hammond, Hansen(23), Hansen(29), Jones, Kempton,
      Kendell, Kunz, Lake, Linford, Loertscher, Mader, Montgomery,
      Mortensen, Moss, Moyle, Pearce, Pomeroy, Reynolds, Ridinger, Sali,
      Schaefer, Sellman, Smith, Smylie, Stevenson, Stone, Taylor, Tilman,
      Wheeler, Wood, Mr Speaker
      NAYS -- Alltus, Bieter, Campbell, Chase, Clark, Cuddy, Henbest,
      Hornbeck, Jaquet, Judd, Kellogg, Marley, McKague, Meyer, Pischner,
      Ringo, Robison, Shepherd, Stoicheff, Trail, Zimmermann
      Absent and excused -- Barrett
    Floor Sponsors - Ellsworth, Kunz
    Title apvd - to Senate
03/10    Senate intro - 1st rdg - to St Aff
03/21    Rpt out - rec d/p - to 2nd rdg
03/22    2nd rdg - to 3rd rdg

H-724......................................................by STATE AFFAIRS
SEXUALLY ORIENTED BUSINESS - Adds to and amends existing law to require
that sexually oriented businesses and their employees must obtain a license
from the Department of Law Enforcement; to provide legislative intent and
findings; to provide application to existing businesses; to provide
contents of license applications and license fees; to provide for issuance
and expiration of licenses; to prohibit certain acts and to provide for
suspension and revocation of licenses; to provide for hearings and appeals;
to provide for hours of operation and inspections of businesses; to allow
for local regulation; and to provide that certain records are confidential.
                 D-DEAD
03/08    House intro - 1st rdg - to printing
03/09    Rpt prt - to Bus

S1417aa..............................................by JUDICIARY AND RULES
ALCOHOL BEVERAGES - RETAIL ESTABLISHMENTS - Amends and adds to existing law
to clarify certain prohibited acts by an alcohol beverage licensee.

02/14    Senate intro - 1st rdg - to printing
02/15    Rpt prt - to St Aff
03/02    Rpt out - to 14th Ord
03/03    Rpt out amen - to engros
03/06    Rpt engros - 1st rdg - to 2nd rdg as amen
03/07    2nd rdg - to 3rd rdg as amen
03/14    3rd rdg as amen - PASSED - 26-1-8
      AYES--Andreason, Boatright, Branch, Bunderson, Cameron, Davis, Deide,
      Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, Lee, Noh,
      Parry, Richardson, Riggs, Risch, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Williams
      NAYS--Whitworth
      Absent and excused--Burtenshaw, Crow, Danielson, Darrington,
      King-Barrutia, McLaughlin, Sandy, Wheeler
    Floor Sponsor - Bunderson
    Title apvd - to House
03/15    House intro - 1st rdg as amen - to St Aff
03/23    Rpt out - rec d/p - to 2nd rdg as amen
03/24    2nd rdg - to 3rd rdg

Disposal of Dead Animals SB 1436a

             The Idaho Department of Agriculture brought this bill into the Legislature to
             respond to the dumping of dead animals by a dairyman down in the Gooding area.
             IFBF did not oppose the bill, but we were concerned with the civil fines in the bill
             being up to $5,000.00. We have talked with State Veterinarian Dr. Bob Hillman
             regarding ranchers in the high country where there is no rendering plant /dead
             animal pick up available and really no way to bury animals when the ground is
             frozen 3 feet deep. Dr. Hillman assured us that his staff would not be running up
             and down the roads looking for violations, but the fines had to be potentially big
             enough to satisfy environmentalists. IFBF remained neutral on the bill because we
             still feel the fines are too high. The bill has cleared the Senate on a 35-0 vote and
             is headed for the House Ag Affairs Committee for hearings.

S1436aa.............................................by AGRICULTURAL AFFAIRS
ANIMALS - Adds to existing law to authorize the administrator of the
Division of Animal Industries in the Department of Agriculture to regulate
the disposal of dead animals, carcasses and body parts; to authorize
rulemaking; to provide for violations; to provide for criminal and civil
prosecution and penalties; to provide for corrective actions; and to
provide discretion to the director of the Department of Agriculture.

02/16    Senate intro - 1st rdg - to printing
02/17    Rpt prt - to Agric Aff
03/01    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/06    To 14th Ord
03/07    Rpt out amen - to engros
03/08    Rpt engros - 1st rdg - to 2nd rdg as amen
03/09    2nd rdg - to 3rd rdg as amen
03/15    3rd rdg as amen - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Sandy
    Title apvd - to House
03/16    House intro - 1st rdg as amen - to Agric Aff
03/21    Rpt out - w/o rec - to 2nd rdg as amen
03/22    2nd rdg - to 3rd rdg as amen
03/30    3rd rdg as amen - PASSED - 34-28-8
      AYES -- Bell, Bieter, Boe, Bruneel, Campbell, Chase, Cuddy, Deal,
      Ellsworth, Field(13), Field(20), Hansen(29), Henbest, Hornbeck,
      Jaquet, Jones(Jones), Judd, Kellogg, Kempton, Lake, Marley,
      Montgomery, Moss, Pischner, Ringo, Robison, Sellman, Shepherd,
      Smylie, Stevenson, Stoicheff, Stone, Trail, Wheeler
      NAYS -- Alltus, Barraclough, Barrett, Callister, Cheirrett, Clark,
      Denney, Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Kendell,
      Kunz, Linford, Loertscher, McKague, Meyer, Mortensen, Moyle, Pearce,
      Ridinger, Sali, Smith, Tilman, Wood, Zimmermann
      Absent and excused -- Black, Crow, Mader, Pomeroy, Reynolds,
      Schaefer, Taylor, Mr Speaker
    Floor Sponsors - Chase, Jones
    Title apvd - to Senate
03/31    To enrol

American Trucker Assoc. Lawsuit

             The class action lawsuit won by ATA against Idaho’s ton-mile tax continues to
             cause repercussions in revenue projections and may delay the sessions close.
             Apparently, the latest ploy that we have heard about is to settle the case for $27
             million. That money apparently can now come out of the Underground Storage
             Tank Fund which supposedly has about $38 million in the account. A new bill has
             been crafted and sent out to the IFBF ad hoc Transportation Committee that
             moves all of the ton mile collections to up front truck registrations, but the kicker
             in this bill is that the many legislators want the trucking industry to pay back the
             $27 million and so the shift in registrations will be sizeable. We are concerned
             with these bills for it appears ITD does not want to break the year into quarterly
             payments but wants up front yearly registrations paid in full. We will fight that
             tooth and nail for ITD thinks its too much of a headache, but we can’t think of
             anything better for them to do than actually help their clients. ITD like other
             bureaucrats forget that there only reason for existing is to serve the public not vice
             - versa, so we will be having fairly contentious meetings on quarterly payments.
             Apparently ITD said the reason they cannot allow quarterly registrations is
             because the other jurisdictions will not allow it. That theory will not hold any more
             water than their other arguments. It appears ITD doesn’t want to do the work. The
             only good thing we have heard regarding the switch to registrations is that a farm
             truck traveling less than 2500 miles will have the right to register at around
             $250.00 per year. Stay tuned on this issue --- it could become a trucker
             nightmare.

Ending Most Sales Tax Exemptions HB 747

             HB 747 is a bill that is designed to bring in $277 million the 1st year it is enacted,
             $315 million the 2nd year, and $330 million plus after that. So it would end many
             of the sales tax exemptions every businessman has enjoyed through the years.
             The Hilde Kellogg (R) Post Falls Rev &Tax subcommittee voted to hold the bill, so
             the larger Revenue & Taxation Committee will probably hold the bill and replace it
             with a Resolution HCR 51. That calls for an Interim Committee to study all of the
             sales/use tax exemptions along with property tax exemptions and report their
             findings and recommendations to next years legislature. We will ask to have IFBF
             represented on this committee if it passes to try to guard the agriculture
             exemptions under the current law. We will keep you informed on this issue.

H-747...............................................by REVENUE AND TAXATION
SALES TAX - EXEMPTIONS - Repeals and adds to existing law to repeal the
sales tax exemptions; and provides for the Legislative Council to conduct
an analysis of each sales tax exemption and file a report with the governor
and each legislator.

03/14 House intro - 1st rdg - to printing
03/15 Rpt prt - to Rev/Tax