Doctors can assist families struggling to get elder drivers to give their keys, according to Idaho Medical Association CEO Susie Pouliot. “Having somebody from outside the family weigh in and be ‘the bad guy’ can help diffuse these difficult problems,” she said. Current state law allows doctors to recommend to ITD that someone should have driving limitations, but that action could open up doctors to lawsuits. Pouliot said she hadn’t heard of any lawsuits, but that threat affects their actions. “I think there is probably a chilling effect on physicians currently,” she said.

The Senate Transportation Committee passed the measure, with the two Democrats on the panel dissenting. “It is a worthwhile effort,” said Sen. Chuck Winder, R-Boise. “I think it will add some safety to the roadway.”

Sen. Lee Heinrich, R-Cascade, said a doctor could have helped his family when his father should have stopped driving. “When my father got to that stage, my three sisters had a family meeting and elected me to go get dad’s keys,” he said. “I was the one that needed a doctor after that.”

Sen. Diane Bilyeu, D-Pocatello, opposed the measure. “It really troubles me that we’re trying to do this,” she said. “I think that what we’re really doing is taking the responsibility away from family members.” Bilyeu said she also wants to know the AARP’s position on the issue. AARP, which represents older Americans, hasn’t offered a comment on the legislation, according to Pouliot, but AAA, a motorists’ association, supports the plan.

Sen. Elliot Werk, D-Boise, said the intent of the legislation is good, but he worried about some of the specifics. “We are drawing a very broad exemption here from liability,” he said. He said the “good faith” standard could be low for a doctor to make a decision that could lead to a person not being able to drive. He said he needs more information about the issue, and could vote for it on the Senate floor.

“A physician doesn’t have any professional reason to become involved at all except as a matter of public safety,” said Ken McClure, a lawyer for the Idaho Medical Association. “When you’re erring on the side of public safety, you don’t want to disincent someone from doing what they believe to be the right thing.”

Current state law allows the Idaho Transportation Department to revoke a driver’s license if the driver has a physical or mental disability that would hinder his or her ability to control a vehicle. That could include someone who suffers from seizures, momentary or prolonged lapses of consciousness, or severe eyesight problems. Anyone who receives state benefits or services for the blind also is deemed incompetent to drive a motor vehicle.

The liability shield for doctors in sending letters to ITD now heads to the Senate for a full vote. The text of the legislation is available here.

“We want to be honest and transparent with everyone at every stage of this process,” IDOC Director Brent Reinke said about the slimmer prisons budget. “Rumors thrive in prisons and we want to counter them as best we can with the truth.” Reinke said IDOC will encourage inmates to use less electricity and toilet paper, as well as complete educational classes and programs so that they can receive parole in a more timely fashion.

Idaho lawmakers set IDOC’s budget on March 5. IDOC previously announced that they will trim their food service budget by $1 million.  Read the full IDOC news release below.

IDOC Preparing Offenders for Budget Cuts

BOISE – The Idaho Department of Correction (IDOC) is working with inmates so they will know what to expect as the department’s budget continues to shrink and changes are made to prison and work center operations.

“We want to be honest and transparent with everyone at every stage of this process,” said IDOC Director Brent Reinke. “Rumors thrive in prisons and we want to counter them as best we can with the truth.”

Perhaps the biggest change that offenders will notice involves IDOC’s food service program. To save money, the department will be doing more bulk purchasing of food items. That means, for example, that milk will be served in cups instead of packaged containers. Additionally, juice will be replaced by fortified drinks, which are less expensive but have more nutritional value.

“Nothing we are doing will compromise the nutritional value of the food we serve,” Reinke said. “Food management is critical to the safe operation of our institutions, so we will be moving forward very carefully.”

IDOC is also asking offenders to do their part. The department is encouraging offenders to help conserve resources like electricity and toilet paper. Additionally, the department is urging offenders to make the most of the classes and programs to which they are assigned so the offenders are prepared for release when given the opportunity.

The U.S. Constitution requires IDOC to provide inmates with adequate food, housing and medical care. Those costs and security costs cannot be avoided.

Representatives voted 52-17 on a party line vote to approve the measure, with Republicans supporting it and Democrats opposing it.

The bill is sponsored by Rep. R.J. “Dick” Harwood, R-St. Maries, and Rep. Phil Hart, R-Athol, along with eight others.  Harwood told lawmakers that his bill is intentionally setting up a lawsuit with the federal government.  Harwood said the aim of the bill is to challenge precedence over who is allowed to regulate intrastate commerce in Idaho.

Five states, including Montana, which is leading the charge on this issue, have successfully passed similar bills.  The state of Alaska passed it through its House and it now resides in its Senate awaiting a hearing.  Harwood told lawmakers that 20 more states are considering comparable legislation.

The bill would prohibit the federal government from regulating guns in Idaho, which meet certain conditions.  Under the provisions in the legislation, any firearm, firearm accessory, or ammunition manufactured in Idaho owned by a citizen living within the borders of the state would be exempt from federal authority.  All guns built in Idaho would be required to have a “Made in Idaho” tag engraved on a “central metallic part.”

The bill also contains a provision that allows the Constitutional Defense Council to use state funds to enter into litigation with the federal government should a challenge to the law arise. The state has set aside approximately $240,000 in that account.  Harwood said the money could also be used to shield private businesses from federal penalties that could result from the dispute between Idaho and the federal government.

Harwood decried federal government involvement in gun regulation, saying that though it has not outright banned guns, the federal government has effectively put tighter restrictions on guns by controlling and regulating the production of gun parts and accessories, as well as ammunition.

Rep. Phylis King, D-Boise, sits on the committee which first heard the bill and supplied an opinion for the state’s attorney general’s office that said that Harwood’s bill is “likely unconstitutional,” and that the power to nullify federal laws is not within the scope of the Idaho Legislature.  King urged lawmakers to vote in opposition to the bill, saying that she is concerned with how it could play in financial matters for the state.  She argued that the state, because of unintended consequences of the legislation, could see losses in funding for roads or other federally-funded programs.

“How much is this going to cost us?” asked King.

Harwood had no comment about the possible loss of federal dollars, but instead warned lawmakers that the price of not adopting the legislation could be steep.

“It’s going to cost you more of your freedom,” said Harwood.  Hart defended the bill’s costs, saying that several private institutions, including the Goldwater Institute in Arizona, have offered free legal work to the state if the federal government decides to sue.

Rep. Marv Hagedorn, R-Meridian, told lawmakers that the bill’s cost is of a lesser concern, but the importance would be in the pushing back of federal mandates and regulations.  Hagedorn said he purchased a silencer for one of his guns and was required by the federal government to purchase a $200 tax stamp along with it.  He said that if he were to sell that accessory, which he uses to help stave off hearing loss, to his son, the federal government would force his son to purchase another $200 tax stamp.

“Why is it that the federal government needs to control the commerce between myself and my son?” asked Hagedorn.

The measure now heads to Senate for consideration.

Read IdahoReporter.com’s coverage of the proposal here. The text of the legislation is available here.

McGeachin talked with IdahoReporter.com about the budget for higher ed.

McGeachin also discussed the process of setting the budget for universities and colleges, which started with setting the revenue target.

McGeachin discussed the Center for Advanced Energy Studies (CAES). Initially, lawmakers on JFAC set aside $4 million for CAES, but it is included in the overall budget for higher education. Sen. Dean Mortimer, R-Idaho Falls, said money for CAES shouldn’t be a line item in the budget, but is important. “It’s a jobs creation program,” he said. “We think it’s an economic boost program. The universities, we believe, will get the money.” He said the State Board of Education and university leaders will make the final decision on how much to fund CAES. JFAC’s instructions say that money should be split between Idaho State University, the University of Idaho, and Boise State University.

“We support what JFAC has done,” said IPTV General Manager Peter Morrill. “We will continue to work closely with the Legislature and the governor to find efficiencies and new sources of revenue wherever we can.”

Morrill said he also supports a House proposal that could increase tax credits on donations to IPTV and other state agencies. “This would give more opportunity for donations, especially at the higher giving level, to see some positive tax credit,” he said. The average gift to IPTV is $90, which is just under the current $100 limit for a tax credit for a single taxpayer. That limit would rise to $500 under the plan that awaits a House vote. “It clearly gives more opportunity for those givers at the higher level to contribute, not only to Idaho Public Television, but potentially to those other folks that were recommended,” Morrill said.

That legislation would also require that all bikes riding on Idaho roads have working brakes. Werk said it would clamp down on “fixies,” which he called “a new craze” of bicycles with fixed gears and no brakes.

That legislation passed on a 20-14 vote. After the initial vote, several Republican senators, Steve Bair of Blackfoot, Russ Fulcher of Meridian, Brent Hill of Rexburg, and Bert Brackett of Rogerson, switched their votes from yes to no, to get to the 20-14 vote.

The Senate voted down another bike proposal from Werk that would create a $75 enhanced fine for traffic incidents involving bicyclists. That fine would be paid by the cyclist or driver found at fault. “We are trying to tell cyclists that if you endanger your life by breaking the law… that you should pay an enhanced fine and remember that for the rest of your life,” Werk said.

The enhanced fine failed on a 7-27 vote, with a range of reasons for opposition. Sen. John Goedde, R-Coeur d’Alene, said he opposed the measure on affordability grounds. He said cyclists with $4,000 bicycles could afford a $75 fine, but that the fine would hit children with a morning paper route hard. Sen. Denton Darrington, R-Declo, said he opposed increasing fines that could apply to drivers. Senate Majority Leader Bart Davis, R-Idaho Falls, and Hill said there were technical problems with how the legislation was written.

Werk has two other proposals related to bicycles that are currently on the amending order. The legislation requiring brakes and penalizing darting into crosswalks now heads to the House. Read IdahoReporter.com’s coverage of Werk’s bicycle legislation here and here. The text of brake legislation is available here and the text of the $75 fine legislation is available here.

Jason Hancock, representing the Idaho Department of Education, presented a bill to members of the House Education Committee Tuesday that would change only one word in state code and would allow for greater use of release time in certain Idaho high schools.  Hancock told lawmakers that 19 high schools in the state use a trimester class system, which prohibits students from having release time periods five days per week.  Trimester systems typically feature fewer classes with longer class periods.  State code requires that those students who participate in release time miss no more than five class periods a week and no more than 165 hours per school year, a requirement which prohibits those students who attend schools using the trimester system from being able to attend religious classes five days per week.

The operative word that the legislation would target in current law is the word “and,” which would be changed to the word “or” if the legislation is enacted.  Under the new bill, students who participate in release time would be allowed to miss five class periods per week or 165 hours per year.  The word “or” in the legislation ensures that those schools that have longer classes periods will be able to offer release time classes each day of the week.

The bill would not change any graduation standards for students, noted Hancock.

Rep. Steve Thayn, R-Emmett, spoke in favor of the bill, saying that “it seems pretty straight forward.”  Committee members voted unanimously to approve the measure, which now heads to the full House for a vote.  Thayn will sponsor the legislation on the House floor.

“It allows the state to establish a foundation for a well-designed grant management program,” said Sen. Charles Coiner, R-Twin Falls. The fund could receive private donations for working land conservation. “It makes sense for them to cooperate and coordinate outcomes.”

Sen. Tim Corder, R-Mountain Home, said the fund should keep farms in Idaho. “It’s the state’s responsibility to preserve ag lands,” he said. He added that the Treasure Valley has seen too much farm land disappear. “We’ve got parking lots and malls on the best farm land in this state.”

Some senators opposed creating another state fund and board. “By forming the board, we are growing our state government,” said Sen. Steve Bair, R-Blackfoot. “There seems to be no purpose in my mind… why the state should begin funding conservation easements.” Those easements could be potential use of fund dollars, if Idaho lawmakers decide to use state money for the fund in the future.

Sen. Jeff Siddoway, R-Terreton, said he opposed the fund because it won’t serve his interests as a sheep rancher. “None of those priorities (for the fund) talk about ranching and farming,” he said. “They talk about hunting and fishing and access to recreation.” He added that funding won’t solve the problems of agricultural businesses. “We don’t want your money. What we want is the help of these groups instead of adding to the weight and the burden (facing ranchers and farmers).”

The Senate approved the legislation on a 21-13. It now heads to the House. The text of the Working Lands Fund legislation is available here.

Idaho’s public colleges and universities, Boise State University, the University of Idaho, Idaho State University, and Lewis-Clark State College, would receive $377 million for the next school year. Most of that money comes – $217 million – comes from the state general fund.

Rep. Shirley Ringo, D-Moscow, put forward an alternative higher education budget that would shift an additional $6 million to universities. She said that money wouldn’t eliminate spending reductions to universities. “It doesn’t begin to fix the problem,” she said. “It just gives them a little bit more to work with.” She said that she’s disappointed that lawmakers haven’t done more to identify alternative sources of revenue instead of reducing budgets. “Anything that we can do that will help a little bit is better than not doing anything. Not doing anything has pretty much been our approach in the session.”

That extra $6 million would have come from a reserve fund, the Public School Facilities Cooperative Funding Program. Ringo said the fund was set up several years ago to help public schools, not universities, with building safety issues, but that schools have had a hard time getting access to that money. “That fund has not been tapped in all that time,” she said. “It probably will be by the (Plummer) Worley School District to the tune of $11 million.” When the public schools budget was set, Ringo tried to access that reserve fund to lessen reductions to schools.

Ringo said that even though the reserve isn’t for colleges, it should have gone to universities. “I feel comfortable borrowing from that fund in favor of the colleges and universities because their budgets have never been fat,” she said. “They’ve been cut severely. I think that as concerned as we are about public schools, we should increase our concern over higher ed. We’re weak in terms of enticing high school students to go on and get a post-high school education. I think that affects our ability to attract businesses that would offer jobs that would have good pay.”

“I think it’s a very reasonable request,” said Sen. Diane Bilyeu, D-Pocatello, who also sponsored the extra money for universities. Bilyeu and the other three Democrats supported funding the $6 million for schools. She was the only Democrat to vote for the lower higher ed budget, which passed on a 17-3 vote.

Ringo said some Republicans on JFAC want universities to spend down their own reserves. “I think that the elephant on the table has been the unrestricted assets that the universities have,” she said. Ringo’s district includes the University of Idaho, and she said leaders from the university offered financial data showing why their reserves are targeted for facilities, maintenance, and other costs, though they will not be entirely drawn down during the next year.

Sen. Dean Cameron, R-Rupert, responded to Ringo that there’s not only an elephant in the room. “I guess the donkey in the room is whether we want to pull from public schools to fund higher education,” he said. Cameron later explained that his comment was flippant and that he appreciated Ringo’s creativity on finding money for schools.