Under Hart’s plan, security personnel in airports, or other public facilities, would be prohibited from using the scanners as a primary means for ensuring the safety of a respective facility.  The bill says that screeners must first use an alternative method of screening, such as a metal detector, as the primary inspection method.  Only if a person is deemed a potential threat by security personnel after using a primary screening method may a whole-body scan be required.  Even if security personnel proscribe a whole-body image of a particular person, that person would be enabled, by the legislation, to request a less-invasive pat-down search.  If the person chooses a whole-body scan, security personnel would be required to inform that person of the potential health risks associated with the use of the scanner.

Hart said that in his research and talking to professionals about the machines, he has been told that the machines irradiate people to the level which equals that person spending one full day in the sun.  Hart said the science isn’t conclusive because long-term testing of the machines has yet to be done. Because of the radiation used to produce images, Hart is concerned that those who travel often would be adversely affected more than average Americans who travel only a few times each year.  Under directives of Hart’s plan, the head of Homeland Security in Idaho would need to certify the safety of the machines prior to installation and use in public facilities in the state.

Provisions in the bill prohibit the storage and transfer of the images produced by the scanners.  Hart said that the images produced are 360 degree x-ray images in which the person being scanned is basically naked and he wants to prevent those images from becoming public.

Hart admitted that if his legislation is passed, it could still have some loose ends and could lead to a jurisdictional dispute with the federal government.  According to Hart, the state of Idaho owns the land underneath the Boise Airport, as well as the land for federals buildings in the state.  Though under Hart’s bill the state wouldn’t have complete power to regulate the use of the machines, it would, at best, give the state “concurrent jurisdiction” with the federal government.  The federal government, by way of the Interstate Commerce Clause of the U.S. Constitution, typically has authority to regulate travel safety initiatives, though Hart says that authority could be trumped by the state if the machines are found to be a health risk.  Hart indicated that the state could use “police power” to regulate the machine’s usage if they are found to be harmful to humans.

Several interest groups supported the measure, including the American Civil Liberties Union and Gun Owners of American, two groups which usually don’t agree on much in the way of politics.  Hart said that groups from the left, right, and center of the ideological spectrum lined up to oppose the machines because of the invasion of privacy they represent.

Hart said that only 40 machines can be found at airports or federal buildings across the U.S., but he believes that up to 1,000 are on order.  No buildings in Idaho utilize the scanners.

The measure now heads to the House floor for a vote.

Hart said his bill is designed to make the driver’s license a “private document” in the sense that when it is in a carrier’s purse or pocket, the license is completely secure from those who might try to steal the information listed on it.  His bill could prevent ITD from implanting Radio Frequency Identification (RFID) chips into licenses, which, Hart believes, would leave personal information less susceptible to ID theft.  Passports issued by the federal government contain the chips, as well as specialty ID cards issued to travelers who frequently cross the U.S. border with Canada.  Proponents of the chips argue that they make travel easier and more efficient and aid in confirming identities at border crossings.  Opponents of the chips argue that the chips are invasion of privacy and can be easily read at a distance by criminals with the right equipment.

The bill would also limit what information could be put into the bar code on the backs of licenses.  Currently, only the information listed on the front of the license – name, height, weight, etc. – can be found in the bar code.  Hart’s legislation would keep it that way.

Three-dimensional images of citizens would also be forbidden by the bill.  Hart said that new technology allows state departments to put three-dimensional images on licenses, though that technology has yet to come to Idaho.  Hart’s bill included one amendment to his plan, though it will not be considered in conjunction with the current bill.   Hart plans to propose a “trailer bill” to prevent law enforcement officials from utilizing facial recognition software in the state for anything other than identifying criminals during a search.  Hart said officials would be prevented from using the technology unless there exists video of a crime, such as from a bank or convenience store security tape, and officials needed the technology to absolutely identify the suspect.  He plans to pitch that bill in upcoming weeks.

If, in the future, ITD decides to invest in one of the new technologies, either RFID chips or 3-D images, Idahoans wouldn’t be completely prevented from having them on or in their driver’s licenses.  Hart’s plan allows those who want the technology the ability to opt-in if the department ever offers.

The measure was approved by committee members and now heads to the House for consideration.

Otter faces challengers in both the primary and general election. Republicans Walt Bayes of Wilder and Rex Rammell of Idaho Falls have formally declared. Ada County Commissioner Sharon Ullman and Pete Peterson of Boise have also sent fundraising figures to the secretary of state. Keith Allred of Eagle is the only Democrat to announce so far, though Lee Chaney of Preston has received some campaign contributions. Independents Jana Kemp of Boise and Ted Dunlap of Kuna are also in the race. The candidate named Pro-Life has been collecting signatures, but has yet to send the needed 1,000 signatures. Candidates for governor can bypass the signature requirement by paying a $300 filing fee. Other state constitutional offices require a $200 fee.

Several Republicans are lining up for the chance to challenge Democratic Congressman Walt Minnick. Vaughn Ward of Eagle filed his paperwork Friday. Rep. Raul Labrador of Eagle has yet to file. Michael Chadwick of Post Falls and Harley Brown of Idaho City are also in the Republican primary. St. Maries independent Dave Olson and Boise libertarian Mike Washburn will also have their names on the November election ballot.

Republican Congressman Mike Simpson faces two primary challengers from Idaho Falls, Chick Heileson and Rep. Russ Mathews. No Democrats have declared for that race yet. Republican U.S. Sen. Mike Crapo is seeking his third six-year term and has one Democratic challenger, Tom Sullivan of Tetonia. He also faces a primary challenge from Republican Skip Davis of Weiser. Crapo won his last election in 2004 with 99 percent of the vote and no declared Democratic opponent.

Several Republican state lawmakers will face challengers in this May’s primary. In the state Senate, that list includes Joyce Broadsword of Sagle, John McGee of Caldwell, Tim Corder of Mountain Home, and Charles Coiner of Twin Falls. Several House Republicans also face contested primaries, including Lenore Barrett of Challis, Leon Smith of Twin Falls, Rich Jarvis of Meridian, Lynn Luker of Boise, and Steve Kren of Nampa.

Other lawmakers will retire, leaving open seats for candidates. The seat currently held by Rep. Jim Clark, R-Hayden Lake, has three Republican candidates. Labrador has two Republicans running for his seat in the state House of Representatives. Pocatello Democratic Rep. James Ruchti has both a Republican and Democratic contender for his open seat.

Several state lawmakers face general election challengers, including Reps. Dick Harwood, R-St. Maries, Liz Chavez, D-Lewiston, Paul Shepherd, R-Riggins, Gary Collins, R-Nampa, Boise Democratic Reps. Grant Burgoyne, Sue Chew, and Phylis King. On the Senate side, the list includes Kate Kelly, D-Boise, Shirley McKague, R-Meridian, Jarvis, and Corder.

There are no filed candidates for 11 legislative races across Idaho yet. The secretary of state’s office updates filings twice on weekdays here. (pdf)

In state judicial races, the only incumbent judge not to file is Second District Judge John Bradbury, who has said he won’t run for re-election. He has come under heat from the Idaho Judicial Council for not living in his listed home in Grangeville, according to the Associated Press. Retired magistrate judge Michael Griffin is the only announced candidate for the position.

The bill is the product of the combined efforts of the three lawmakers after a rough start earlier in the legislative sessions.  Originally, Smith and Bilyeu teamed up to propose one bill that would grant the breaks to veterans, while Hagedorn constructed another.  Hagedorn told lawmakers Tuesday that both bills ran into some problems, so the three lawmakers withdrew their bills and worked with State Board of Education to develop a more worthy bill.

This legislation has already passed the Senate.  The co-sponsors estimate the tuition break could save out-of-state veterans as much as $10,000 during the course of their education.  Veterans would only receive the tuition break if they served at least two years in the armed forces and received an honorable discharge.

On the House floor Friday, Hagedorn sang praises of the bill, saying that  it would be mutually beneficial to veterans and the state.  Veterans would receive greatly reduced tuition, while universities would have more mature and financially-secure student in classrooms, said Hagedorn, himself a veteran.  He also noted that state-funded schools could use the tuition break as a recruitment tool to lure more veterans to the state.

Rep. Lynn Luker, R-Luker, questioned Hagedorn on the cost of the program.  Luker said the state already pays to subsidize the education of in-state residents, meaning that the state pays more to educate the student than the student pays in tuition, and that he feels state finances could be adversely affected by the bill’s passage.

Hagedorn said the state would benefit from having additional students at colleges and universities because it would mean that the more financially-stable veterans would mean more students who are able to stay at the school long term, which would mean in increase in tuition payments.

The measure passed the House with only one dissenting vote, cast by Rep. Lenore Hardy Barrett, R-Challis.  The bill now heads to Gov. Butch Otter for his signature.

The full text of Otter’s release:

BOISE – Governor C.L. “Butch” Otter announced today that Debbie Field, who led his victorious campaign for Governor in 2006, has agreed to manage his 2010 re-election campaign.

Governor Otter, who will soon formally announce his candidacy for a second term, was pleased by Field’s willingness to take on the responsibility of guiding another statewide campaign.

“Debbie knows Idaho and the importance of building strong relationships to make a difference. She is a hard charger whose warm personality and kind demeanor belie the great organizational and campaign skills that I’m so grateful are on my side,” Governor Otter said. “More importantly, having her experience at the helm of this campaign will enable me to focus my attention where it belongs – on being the Governor and leader of our state.”

Field, of Meridian, is taking a temporary unpaid leave of absence from her responsibilities as administrator of the State Office of Drug Policy. She will be joined in the Otter for Idaho campaign by new Finance Director Kendra Waitley of Boise and new Eastern Idaho Regional Coordinator Sheila Olsen of Idaho Falls.

“What a team! I’m excited to be able to help Governor Otter and these terrific Republican friends get his message of limited government and unlimited opportunity out to every Idaho voter,” said Field, a former six-term member of the Idaho House of Representatives. “My goal is for everyone in our state to get to know the Butch Otter I know and respect. We are putting together a fantastic group of individuals in every corner of Idaho to share our trust and confidence in his leadership and vision for an even better Idaho.”

Kendra Waitley most recently worked as a marketing consultant for Citadel Broadcasting. She previously was executive assistant for U.S. Senator Larry Craig and office coordinator for the Senate Committee on Veterans Affairs, on which Senator Craig was the ranking member. Kendra has a bachelor’s degree from Northwest Nazarene University.

Sheila Olsen is a long-time leader in eastern Idaho politics and public policy. Sheila remains the legislative chair of the State Federation of Republican Women and a board member of the nine-county Region VII Republican Party. She was a Republican precinct committeeperson for 24 years, through 2008, and was a member of the 1988 Electoral College.

Sheila also is a member of the Idaho Human Rights Commission and was a founding board member of the Governor’s Workforce Development Council, a member of the Idaho Department of Labor’s Employment Security Advisory Council, and remains active in many other church and civic organizations. She is a widowed mother of 10, with 36 grandchildren and eight great-grandchildren.

Also on the Otter for Idaho campaign staff is Deputy Campaign Manager Brenda Maynard Walters.

Otter, who has filed for re-election with the secretary of state’s office, joins a crowded field of candidates.  Democrat Keith Allred filed earlier this week, while Independent Jana Kemp has submitted more than 1,400 signatures to get her name on the ballot.  Otter faces a primary contest with fellow Republican Rex Rammell.  Walt Bayes, of Wilder, has also joined the Republican race.  Ted Dunlap will run as a Libertarian.

School districts would be required to develop safe Internet usage policies that protect students from offensive and pornographic websites, and would be required to receive approval of the policy by the local school board.  Though the legislation does not dictate a statewide policies for districts to follow, it does offer some guidelines for policy development.  Districts must install filtering and blocking software on computers to prevent students from accessing questionable pages, and must also develop penalties for students who do access offensive or pornographic material.  Districts would also be tasked with developing and maintaining some element of Internet safety training as a component of computer education.  The legislation mandates that districts shall update the policy every five years.

On the House floor Friday, the bill’s sponsor, Rep. Mack Shirley, R-Rexburg, said that 27 states have statewide Internet usage policies for students, but Idaho does not.  According to his research, approximately half of all school districts in Idaho have formal Internet policies, though he noted that all school computers have some form of filtering technology.

The measure how heads to the Senate.

In February, Idaho had 71,600 jobless workers, a state record. The Idaho Department of Labor said more than 52,000 idled workers collected more than $15.7 million in unemployment this week. The labor department has paid out $181 million in total unemployment checks in 2010 so far. Last year, $643 million in unemployment benefits were collected.

The labor department said hotels and restaurants showed modest job gains, while construction, trucking, and financial and business services declined.  The civilian labor force, the total number of Idahoans over 16 either employed or looking for work, hit 755,600, the eighth straight month with an increase.  A labor department news release says that could be a sign of optimism among workers.

Out of Idaho’s 44 counties, 18 now have jobless rates higher than 10 percent.  Idaho’s six largest counties, Ada, Canyon, Bonneville, Bannock, Twin Falls and Nez Perce, all saw their unemployment rates rise.  Adams County, on the state’s western border, has the highest unemployment rate in Idaho at 17.7 percent.  Franklin County in southeast Idaho has the lowest unemployment at 4.7 percent.

Read the full news release at the labor department website.

On Friday, lawmakers on JFAC also approved adding funding for the State Tax Commission to hire more auditors. Bell spoke about that decision.

Bell also discussed the planned merger between the Idaho Department of Labor and the Idaho Human Rights Commission. JFAC approved a spending plan for the merger on Friday.

The legislation from Sen. John McGee, R-Caldwell, would add prison sentences of up to 14 years for creating false IDs used for gaining employment. McGee said the legislation would deal with people who employ illegal immigrants or help them get jobs. “It sends a message that if you’re going to falsify the documents, we’re going to make it more difficult for you,” he said. McGee added that the legal change could help Idahoans who are out of work.  “If people are not here legally, and they’re using false documentation to gain employment, then they’re precluding Idahoans who are here legally from getting those jobs.”

The legislation would create three new criminal offenses. The stiffest would be a felony for falsifying public records for employment with punishment of up to $250,000 and 14 years in prison. It would also create two smaller misdemeanors. A person using false documents to get a job could receive penalties of up to $5,000 and two years in jail. Employers paying people using false documents could receive penalties of up to $50,000 and two years in jail.

The Senate State Affairs Committee voted Friday to put the legislation on the amendment calendar, which could lead to changes in the proposal. Senate Majority Leader Bart Davis, R-Idaho Falls, said he wants to consider adding a safe harbor protecting business owners from the misdemeanor if they use the E-Verify system to check the employment status of workers. “We do have a lot of employers who are using E-Verify voluntarily,” he said. Davis also wants an opinion from the Idaho attorney general on the constitutionality of the new offenses in the legislation. The state has other laws dealing with fraud, and the federal government manages immigration policy.

“I have no problem with those suggestions,” McGee told IdahoReporter.com. He said he would consider changes to the legislation. “I don’t think any piece of legislation is perfect.”

Senate Minority Leader Kate Kelly, D-Boise, was the only member of the committee to oppose sending the proposal forward. She said the new offenses would add confusion to state law. “The provisions of this bill add to our code an additional chapter where we already have provisions in place that address these issues,” she said. “In some cases, the provisions that are being added here are more lenient than the provisions that are in place in existing code.”

Brent Olmstead with the Idaho Coalition of Businesses for Immigration Reform said his group helped write the legislation. He said it was something that Idaho businesses could live with, but that they would like to see federal changes to immigration law. Olmstead said the bill targets people who help bring illegal immigrants into the U.S. “We hate the idea that people prey on the disadvantaged,” he said. “The intent we had here was not to cause any hardship to our friends in the Latino community, but to look at the people who take advantage of them.” Olmstead also said the group of employers he represents opposes the E-Verify system.

Several Latino Idahoans testified during the committee meeting that they felt targeted by the proposed law. “This bill, in itself, I feel is anti-Latino,” said Felipe Moran of Boise. “This bill does nothing other than attack the Latino community.”

“The bill is shortsighted, creates redundancy, and does nothing to address the issue of immigration,” said Leo Morales, an immigrant rights organizer for the Idaho Community Action Network. “It is a miscalculated political move. It falls short of being a prudent and necessary law.”

Taryn Magrini, policy director for the Idaho Women’s Network, said clamping down on illegal immigrant workers would hurt Idaho families as well as the state economy. “At the state level, legislation like this can cause unintended and drastic consequences,” she said, adding that she wants to see federal changes to immigration. “Comprehensive immigration reform is needed at the national level.”

McGee’s legislation heads to the amending order of the Senate calendar. Two other anti-illegal immigration proposals, from Sen. Mike Jorgenson, R-Hayden, and Rep. Phil Hart, R-Athol, were killed in committee. Read IdahoReporter.com’s coverage of Jorgenson’s proposal, which would have punished employers and expanded use of E-Verify here, and Hart’s plan to create a “three strikes” system for employers here. The text of McGee’s legislation is available here.

“This is just another key step in balancing our budget,” said Rep. Cliff Bayer, R-Boise.  The transfers approved by the Joint Finance-Appropriations Committee (JFAC) Friday would lead to a balanced budget, based on a hypothetical budget prepared by legislative budget staff.  The transfers come at the end of JFAC’s budget setting process, and would augment the state’s projected $2.28 billion in tax revenue for the current budget and $2.29 billion for the next fiscal year.

The majority of the transfer for the current year comes in a $6 million shift from the Consumer Protection Fund.  That money came from the state’s settlement with the pharmaceutical company Eli Lilly.  For the next fiscal year, $30.1 million would come from the Budget Stabilization Fund and $49.5 from the Economic Recovery Reserve Fund.  Those fund shifts would almost completely empty those accounts.  The two funds would have less than $1 million left by June 2011.

“We took a lot of money out of our savings account and thank goodness that we had them,” said Sen. Dean Mortimer, R-Idaho Falls.  The state’s Public Education Stabilization Fund has $17 million left, but Mortimer and other lawmakers expect that money will be spent during the next year.  “Our savings accounts are pretty much gone.  We have done pretty much everything we can to hold education and other state agencies (whole).”

“We’ll hope the time comes when the revenue streams will fill those savings accounts,” said JFAC co-chair Rep. Maxine Bell, R-Jerome.  By balancing the budget, JFAC has completed almost all of its work.  The budget for the Department of Administration has yet to be set, due to concerns over the Idaho Education Network (IEN).

JFAC co-chair Sen. Dean Cameron, R-Rupert, said lawmakers won’t set the administration department’s budget until at least next Friday.  Part of the wait is to proceed after a preliminary hearing regarding a lawsuit filed by Syringa Networks of an IEN contract.  “The appropriate message was to postpone the whole thing,” Cameron said.  He said putting off the budget won’t add days to the legislative session in Boise.  “It still doesn’t delay us—we can kick that budget out in 24 hours.”  He said he’s expecting the legislative session to end March 26.

Cameron said JFAC will also need to create an “exit strategy” to help deal with additional shortfalls that would unbalance the budget.  Last year, lawmakers gave Gov. Butch Otter $7 million from the Budget Stabilization Fund to deal with some of the shortfall, but there isn’t any money left in that account.  Bell said Republican legislative leaders are considering tapping the Permanent Building Fund for extra funding if tax revenues stay below expectations.