2010 Idaho Legislature – Recap

Association Management Group

Summary by Rick Waitley, Benjamin Kelly and Roger Batt

 

The 2010 Idaho Legislature started on Monday, January 11, and completed their work 78 days later in the late evening of March 29. The session was burdened by the state’s current economy which was pervasive throughout the entire session as monthly financial forecasts were re-examined by lawmakers. Difficult decisions in many areas of state government will have significant impact on the lives of Idaho citizens. The Idaho State Legislature left town after a 78-day session, making no promises that there may not be a need for a special session if income for the remainder of FY’10 continues to drop.

 

Food Producers of Idaho, representing over 40 commodity and farm organizations in Idaho, met
a total of 10 times. Food Producers either supported or opposed 30 pieces of legislation. Of the 30, 19 were tracked for the voting scorecard in both the Senate and House.

 

IMMIGRATION:  Three pieces of legislation (H497, S1271, and S1303) surfaced during the session and all three bills were held in Senate and House committees. While Idaho agriculture agrees that there are some challenges with immigration; the industry holds firm that immigration is a federal issue and that state laws cannot be enacted that would adequately clarify or correct the countless problems with immigration in the US. As the federal government begins to shape a well-reasoned or sufficient solution to immigration, agriculture in Idaho is willing support comprehensive immigration reform that is good for the industry as well as immigration labor.

 

TRANSPORTATION:  Food Producers of Idaho worked between the 2009-2010 sessions on two transportation issues: covered loads (S1336) and vehicle inspections (S1337). The effort produced concessions that were more palatable to agriculture though some were weary of the unintended consequences of the two proposals. Both pieces of legislation were passed by the Idaho Senate but were held without hearing in the House State Affairs Committee. Late in the legislative session, the bills were moved from State Affairs to House Transportation; however, the committee never assembled to consider either piece of legislation.

 

ANIMAL ISSUES:  Food Producers also had an active Animal Issues Committee that met during the interim of the 2009-2010 sessions. From the work of that committee, in cooperation with Chairman Tim Corder of the Senate Ag Affairs Committee, legislation was introduced dealing with Animal Cruelty (S1317). This measure passed the Senate with a strong vote (34-1-0) but once again was held in the House State Affairs Committee. Letters were written by industry to House leadership asking that the measure be heard since many of the livestock and dairy leaders in Idaho felt the measure was good progress towards avoiding some of the issues being brought forward in a number of states by groups such as the Humane Society of the US. Through the process of drafting the bill, Food Producers members were able to expand and strengthen production-animal definitions for the protection of farmers and ranchers in Idaho. However, the measure was never heard. A second piece of legislation (S1331) created a Livestock Care Standards Board at the Department of Agriculture. This measure also never made it out of the House State Affairs Committee’s bottom drawer for a hearing. A third livestock issue (S1345a) will provide liability protection for certain livestock activities that often involve 4-H and FFA students. S1345a will be important for county and district fairs throughout Idaho. Confined Animal Feeding Operations (CAFO’s) were addressed in S1346a which clarified Idaho State Department of Agriculture’s regulatory role and annulled the duplication of regulation by the Environmental Protection Agency (EPA). S1346a provides for the protection of records and nutrient management plans that are held by ISDA if the producer has registered under Idaho One Plan. An additional measure to move poultry and swine operations (S1411a) from DEQ to ISDA was passed by the Senate and was held

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 in the House Ways and Means Committee. The demise of the bill came as a result of the swine industry claiming that they were unable to participate and provide input into the proposed legislation. The issue will be addressed over the summer and is likely to return to the 2011 Legislature.

 

COMMISSION AUDITS:  A former U of I Extension Educator, Rep. Darrell Bolz of Caldwell, sponsored H611 clarifying and reducing the requirements of audits for agriculture commodity commissions in Idaho. The measure passed both Houses with no opposition and is sure to be signed by the Governor. This measure saves growers and producers thousands of dollars in unnecessary audit expenditures and allows for more prudent methods of auditing.

 

INVASIVE SPECIES:  Idaho took an even firmer stand on their fight against aquatic invasive species. S1344a, giving additional authority to enforcement by peace officers, was sponsored
by the Department of Agriculture. H533 provided additional funding ($2.00) to vendors who are currently making the invasive species stickers available at their own expense. One of the chief concerns since the implementation of the law related to boat and water craft inspections has been the availability of the stickers from a variety of sources on weekends and after business hours. H533 will address this issue.

 

SOIL CONSERVATION COMMISSION:  Following the 2009 Legislative Session, a special legislative interim committee was appointed to review the laws and rules governing the 51 Soil and Water Conservation Districts in Idaho. Towards the end of 2009, the legislative committee took on the extra responsibility of looking at the Soil Conservation Commission. H576a was the result of the review and a new direction for the Soil Conservation Commission, which will remain at the ISDA, but will be under a new name the Idaho State Soil and Water Conservation Commission. H576a also clarifies the appointment of commission members and how base funding from the commission will be handled from this point forward as it is distributed to soil conservation districts throughout Idaho. The commission will hire their own administrator and the commission will report annually to the Senate and House Ag Affairs Committee in relationship to their involvement with local districts. The issue had no opposition to either the original bill or the amendment.

 

WATER:  It is nearly impossible to have a legislative session in a state like Idaho that is extremely dependent upon water without addressing numerous water bills. The Idaho Water Users Association brought several bills that corrected language and procedures for local irrigation districts and canal companies. HJM9 was a resolution sent to Congress chronicling Idaho’s opposition to the Clean Water Restoration Act. The poorly-written act would have addressed any body of standing water located anywhere in the US, including water in corrugated fields, and was and is the reason Idaho wanted to be on record in opposition. S1407 addressed funding for the Comprehensive Aquifer Planning and Management effort. This is often referred to as CAMP and has been under discussion and support by Idaho water users for the past 2-3 years as efforts and funds are made available to address recharge of Idaho’s aquifers throughout the state. S1407 allows the Water Resource Board to appropriate funds.

 

BUDGETS:  As budgets were being set in many areas of state government, there were certainly two factions: those who were adamant that additional funds should be drawn from savings accounts held by the state, and those determined to see taxes increased to address the shortfall of revenue. The second camp included those who felt that budgets and operations should be reduced to meet the state’s constitutional requirement for a balanced budget and that effort should be made to safeguard funds in savings for future unexpected expenditures. One of the areas that will need further adjustment will be the available dollars for Research and Extension at the University of Idaho that were cut. A great deal of media and public involvement was raised as a result of the announcements by the College administration in the spring and summer of 2009 stating that specific research centers in Idaho would be realigned for efficiencies and cost reduction. The public outcry was significant and bridge funding was provided by several groups to counter this

 

announcement and keep centers open in Idaho. However, now the problem has increased in size (estimated to be a 9.2% decrease) and speculation is the centers and personnel will potentially
be on the chopping block as University officials work to balance 2011 budgets. All of the state’s universities were granted the opportunity to implement furloughs for faculty and staff members that had not been available to them prior to the legislative session.

 

ELECTIONS:  May 25 will be Idaho’s Primary Election and a handful of current legislators announced, for one reason or another, that they would not be candidates for the 2010 election. However, over 125 other individuals did file for candidacy in Idaho legislative races. The races at the top of the ballot are very crowded. Incumbent Governor Butch Otter has a race involving 11 candidates but will most likely ease through the primary and face Democratic challenger Keith Allred in the general election. Senior Senator Mike Crapo has four opponents and stands on very firm ground as a two-term Senator as well as his previous three terms in the House of Representatives. First Congressional District Incumbent Walt Minnick is being joined on the ballot by seven other individuals. Rep. Minnick has gained a large amount of support for a number of positions on economic and natural resource issues and will likely face Vaughn Ward in the general election. Second Congressional District Congressman Mike Simpson is being challenged by five other opponents. Running for office in these challenging economic times seems to be a popular pastime for many Idaho residents.

 

If you would like additional information about any of the legislation addressed in this report, you may visit the Idaho Legislative website www.legislature.idaho.gov and read summaries or entire text of each bill. If you have further questions related to this summary or our opinions about any of the bills discussed, please contact our office at 208-888-0988 or by email to any of the following:

 

Rick Waitley                rick@amgidaho.com

Benjamin Kelly            benjamin@amgidaho.com

Roger Batt                   roger@amgidaho.com

 

Thank you for the opportunity to represent your organization during the 2010 Idaho Legislature.  We look forward to working with you in the future.