[Vision2020] Legislative Update 12 from Rep. Trail

[ttrail at moscow.com]

LEGISLATIVE NEWSLETTER 12   --  MARCH 11-14/2008
 
Constituents:
 
     DOGS WIN--A positive outcome of this current session was the passage
of SB1206 which places a felony penalty on dog fighting.   Governor Otter
gave me the pen he used to sign the bill and I sent it to Moscow to be used
in an auction to raise money for our local animal shelter.  Great minds
then came up with the idea to auction the pen on E Bay.  The National
Humane Society has now become involved and hopefully their members will bid
on the pen.
 
    DOGS WIN IN WYOMING  --  I worked with Representative Rosie Berger of
the Wyoming on the dog felony legislation and sent her copies of our
proposed legislation.  Last week the Wyoming Governor signed the bill.   At
the ceremony were 10 dog owners with their dogs.   Misty, a German
Sheppard, had her paw inked and affixed her paw print to the bill.   That's
what I call real class.
 
 1.  HB501  --  Protection of the addresses of Victims of Domestic
Violence.  The bill was passed by the Senate 33-0 today.   Victims of
extreme violence and harassment will now be able to have their addresses
protected by working in cooperation with the Idaho Secretary of State's
Office.  The legislation is modeled after a Washington State law that has
helped keep the addresses of more than 3,000 people secret since 1991, and
makes it more difficult for ex-spouses and partners to track the
whereabouts of those they have abused. Representative Shirley Ringo and I
sponsored the bill.
 
      Dr. Elizabeth Brandt, Professor from the University of Idaho Law
School helped write the bill and provided great testimony in committee. 
Fran Halstead, Kendrick, gave details of her life of 22 years on the run
from her ex-husband who nearly beat her to death and then tortured her with
a soldering iron before she managed to escape.  From prison her husband
hired a contract killer to go after her.  She changed her name, social
security # many times and was always on the move. It took great courage for
her to come forward and testify.
 
     Carl Hulquist of Moscow and a great community activist was the spark
that pulled together a Moscow group of concerned citizens about three years
ago to start the process of developing the legislation.  It is my hope that
Fran and Carl will be able to witness the Governor signing the legislation.
 
 2. HJM11  --  Last summer Linda Pall asked my assistance with a case she
was planning on taking to the 9th Circuit Court of Appeals in San
Francisco.  It involved Ron and Mary Parks who live on Highway 12 between
Kooskia and Lowell. The Parks have a beautiful and modern home and
outbuildings on two acres near the Clearwater River.  Their easement is
governed by the Wild and Scenic Rivers Act.   They raise world class German
Shorthair Pointers and board dogs for hunters and for forest service employees.
 
     A regional forest service supervisor decided the Parks were in
violation of the easement and ruled that they could only raise and train
dogs in their house and not on their outside property.  Under the terms of
the easement they could have built a small dairy or swine operation.   The
case is now going to the Court in San Francisco.  I worked with
Representatives Roberts and Shepherd and Senator Lee Henrich with
assistance from Senator Crapo's office in drafting the resolution. The
resolution urges the U.S. Forest Service to exhaust every effort such as
mediation, consultation and coordination with private property owners who
have operated in good faith under the terms of their easements before
initiating legal actions against Idaho's citizens.
 
     The Parks have spent over $70,000 in legal fees (their retirement
fund) in the legal battle.   Some positive outcomes have occurred.   The
forest supervisor who initiated the action has been demoted.   The Forest
Service is starting to settle cases out of court.   This serves as an
example of some of the background behind the reasons for legislative
initiatives.   HJM11 passed the House 67-0 today.
 
 3.  Grocery Tax Credit  --  this is now in the Senate Local Government and
Taxation Committee, and I suspect some amendments will be forthcoming.
 
 4.  Highway Transportation  --  Gov. Otter withdrew his $150 car
registration fee idea. Legislators are working on options that would make
this a graduated or tiered approach over time at much lower cost.
 
 5.  Local Option Tax  --  A Constitutional Amendment on local option sales
taxes is being proposed.  It would require (if passed) a two thirds
majority of voters to approve future local option sales taxes.   The Idaho
Association of Counties will support it but the Idaho Association of Cities
opposes it.  Gov. Otter supports it and will veto any alternative plan.
 
 6. Business Personal Property Tax  --  The proponents of the plan want to
phase out the tax on all business property.   They claim their bill will be
revenue neutral and not harm the counties.  However, last year their plan
would have hit Latah County with having to increase property taxes to make
up the deficit.
 
    Former State Representatives and a respected tax analyst Ken Robison,
sent me the following message about the legislation - "Tom, I'm not a
supporter of the bill because it would shift millions in taxes to
individual taxpayers.  I believe it would also serve to hold down future
education funding because personal property replacement becomes a priority.
 You may recall that the legislative majority a few years ago decided to
discontinue full funding of property tax replacement for the $1 per $1,000
taxing authority taken away from the schools in 1995.   There is no
specific funding for the $3 per $1,000 eliminated in 2006.  It is just part
of the public school appropriation.  The purpose was to put more control
over school funding in the hands of the legislature and give schools less."
  The vote on this measure will be next week.
 
Well, this winds up the newsletter for this week.  The optimists who said
we would be out by Good Friday are sadly mistaken, and the session will
continue on toward the end of March.  Please send me your comments and
recommendations.

My e mail is ttrail at house.idaho.gov
 
Representative Tom Trail



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