Senate Minority Leader Edgar Malapeai, D-Pocatello, has put forward a bill that would make it illegal to fire (or refuse to hire) someone, or deny someone housing, because he or she is gay. A similar bill was introduced in 2008, but it died in committee.

Malapeai said it’s simply the right thing to do to add sexual orientation and gender identity to the state Human Rights Act, which already covers creed, color, sex, and national origin. The senator said that as things are people who feel they have been fired from a job because they are gay have no recourse.

“Let’s allow the Human Rights Commission, give them power to investigate, just to give them a little more latitude,” he said, adding that the protections are important to keeping Idaho competitive economically.

Sen. Nicole LeFavour, the only openly gay member of the  Legislature, said some gay people are forced to keep secret their orientation and live in fear of being found out and losing their jobs. Adding sexual orientation to the Human Rights Act could quell the “chilling effect” that occurs in some workplaces, she said.

Malapeai said he hopes the bill gets a hearing this time around.

“I think it would be really important to allow a chance,” he said.

The anti-discrimination laws in 21 states include sexual orientation and/or gender identity.

Lawmakers gave approval to Senate Bill 1441, which reduces the 2010 appropriation to IHRC by $54,700.  The IDL will absorb the costs of operation for the commission, which department representatives say will save the state thousands of dollars.  Bob Fick, with IDL, said that simply moving the offices of the commission into space provided by the department will save the state approximately $60,000.

The legislation has received approval from the Senate and now heads to Gov. Butch Otter for consideration. Read IdahoReporter.com’s past coverage of the legislation here.

Read IdahoReporter.com‘s story on the House approval of the merger here.

The IHRC handles discrimination complaints in employment, housing, and education. The labor department manages unemployment claims and other workforce issues. Gov. Butch Otter recommended phasing out state funding for the IHRC. Sen. Nicole LeFavour, D-Boise, worked on the labor and IHRC budgets, and is glad that the Department of Labor agreed to a merger. “It’s pretty impressive that they did this, because it’s something they didn’t have to do,” she said. “Hopefully this will make the Human Rights Commission all the more able to accomplish its mission … These cuts can be difficult, but I think the transfer can ultimately be beneficial for both (agencies).”

The labor department will also spend $200,000 in the current budget from a special penalty and interest fund rather than general fund tax dollars. “I think it’s impressive for the department to take initiative like this and help us out with budgets,” LeFavour said.

Rep. Darrell Bolz, R-Caldwell, said the labor department is planning to spend a similar amount from dedicated funds next year rather than state tax dollars, though it isn’t part of the budget set by JFAC. “This is not the first time that director (Roger) Madsen has stepped up to the plate and worked something out,” Bolz said. “It’s a privilege to work with a director like that.” The labor department’s budget for the next fiscal year, including the IHRC, would be $4 million overall, with $702,200 coming from state general funds.

One of the bill’s co-sponsors, Rep. Anne Pasley-Stuart, D-Boise, hailed the innovation and creativity of those involved with the transfer.

“This is an excellent example of what happens when people think outside to the box,” said Pasley-Stuart.  She praised the two agencies for their ability to problem-solve while facing difficult circumstances.  She added that the states that utilize a similar model for their human rights efforts, including Utah, Texas, and Missouri, have experienced success in their respective programs.

The merger is the result of Gov. Butch Otter’s State of the State address delivered to a joint meeting of the House and Senate.  In his speech, Otter advocated phasing out the commission, and its yearly appropriation from the general fund, during a four-year process.  Otter’s proposal faced some opposition and IHCR sought other remedies to save money and stave off elimination.  A new home for the commission was found within IDL, which, the department says, will save the state thousands of dollars each year.

Bob Fick, representing IDL, presented the transition plan to lawmakers during the committee hearing on the bill.  Fick said the commission would retain all of its independence in operations, and the department would only aid the commission with technical and logistical support.  He noted that the commission’s administrator would be appointed by department’s director, with advice from the commission.

Fick said the goal is that within four years all general fund contributions to the commission will come to an end.  Of specific cost savings, Fick said the department would save the commission approximately $68,000 by bringing the commission’s offices into the department’s offices.  At that previous hearing, Fick said department priorities might have to be re-prioritized to accommodate the switch and current department employees could be asked to take on additional duties. He added that the department has no plans to cut commission manpower.

Both agencies are supportive of the move.  The legislation now heads to the Senate for consideration.

The merger is the result of Gov. Butch Otter’s State of the State address delivered to a joint meeting of the House and Senate.  In his speech, Otter advocated for phasing out the commission, and its yearly appropriation from the general fund, during a four-year process.  Otter’s proposal faced some opposition and IHCR sought other remedies to save money and stave off elimination.  A new home for the commission was found within IDL, which, the department says, will save the state thousands of dollars each year.

Bob Fick, representing IDL, presented the transition plan to lawmakers.  Fick said the commission would retain all of its independence in operations, and the department would only aid the commission with technical and logistical support.  He noted that the commission’s administrator would be appointed by department’s director, with advice from the commission.

Fick said the goal is that within four years all general fund contributions to the commission will come to an end.  Of specific cost savings, Fick said the department would save the commission approximately $68,000 by bringing the commission’s offices into the department’s offices.  At a previous hearing on the plan, Fick said department priorities might have to be re-prioritized to accommodate the switch and current department employees could be asked to take on additional duties. He added that the department has no plans to cut commission manpower.

Committee members were supportive of the move.  Rep. Anne Pasley-Stuart, D-Boise, said that when she first considered the move, she worried that IHRC’s functions would get lost in the “maze” of a large department, but now believes the commission will remain effective.

“I think it’s a good idea,” said Pasley-Stuart.

The merger bill now heads to the House floor for a vote.

In his address to lawmakers, Otter proposed cutting the budget to IHCR during a four-year process, a move designed to cut the state’s budget.  Otter’s proposal faced some opposition and IHCR sought other remedies to save money and stave off elimination.  A new home for the commission was found within IDL, which, the department says, will save the states thousands of dollars each year.

Bob Fick, representing IDL, presented the official plan to lawmakers on the House State Affairs Committee Thursday.  Fick said the commission would retain all of its independence in operations, and the department would only aid the commission with technical and logistical support.  He noted that the commission’s administrator would be appointed by department’s director, with advice from the commission.

Fick said the goal is that within four years, all general fund contributions to the commission will come to an end.  When questioned about specific areas of potential savings, Fick said the department would save the commission approximately $68,000 by bringing the commission’s offices into the department’s offices.  Department work might have to be re-prioritized to accommodate the switch and current department employees could be asked to take on additional duties, said Fick, though he added that the department has no plans to cut commission manpower.

The bill was introduced on a unanimous vote by committee members and will receive further deliberation in upcoming weeks.

(Note: Both IHCR and IDL are supportive of the move; Read IHCR’s statement on the switch here and IDL director Roger Madsen’s  statement here.)

Read Otter’s news release below.

FACTS CAN BE STUBBORN – BUT THEY’RE NECESSARY
By Governor C.L. “Butch” Otter

In December 1770, while arguing for the acquittal of British soldiers charged with killing his fellow Americans in the Boston Massacre, John Adams said, “Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.”

There was a time when most newspaper columnists at least paid lip service to the good intentions of public officials. They might be misguided, shortsighted or simply stupid, the writers would suggest, but at least they meant well. Social niceties were observed; there was a higher level of mutual respect and civility.

That just isn’t the case anymore. Too many writers now ignore, gloss over or leave out facts they find at odds with their conclusion or the point they’re trying to make. Facts after all, as Adams said, can be stubborn things – and inconvenient.

As Governor, I expect to take my share of flak. It’s more than fair to criticize and even blast me. You don’t spend as long as I have in public life, or in business for that matter, without developing a pretty thick skin. But while I’m grateful to live in a country where the Constitution protects our right to freely express our opinions, I still am disappointed when some portray their opinions as facts.

Let me cite a couple of recent cases in point, without either crediting or condemning the offending parties:

The Claim: Otter wants to cut funding for public schools.

The Fact: Faced with revenue shortfalls, a constitutional requirement for a balanced budget, the fact that public schools make up a big share of the State budget, and the political reality that nobody wants to raise taxes – especially in an election year – I made the difficult decision that public schools would have to share the burden facing every other agency of State government and indeed every other Idaho citizen.

The Claim: Otter wants to shut down State parks and the Department of Parks and Recreation, Idaho Public Television, the Idaho Human Rights Commission, the Idaho Commission on Hispanic Affairs, the Idaho Council for the Deaf and Hard of Hearing, the Idaho Council on Developmental Disabilities, and the State Independent Living Council.

The Fact: I encouraged all State agencies in September 2009 to submit proposals for saving as much taxpayer money as possible. I wanted agency directors and administrators to have the flexibility to find efficiencies and savings without doing damage to their core statutory and constitutional missions. Most came through like champions, in many cases exceeding my expectations. However, Idaho Public Television said there was no savings to be had – anywhere. Facing the deadline for submitting budget proposals, I submitted plans for moving those budgets off the taxpayer-supported General Fund over four years. It was an effort to nudge those agencies toward the greater efficiency we need, or give them the chance to find alternative funding methods; the choice was theirs. Director Nancy Merrill of the Department of Parks and Recreation stepped up with a business plan for every park and a “can do” approach. The Human Rights Commission and Director Pam Parks – with the help of Roger Madsen at the Department of Labor – also found a way to address their budget needs, and those of Idaho taxpayers. The Council for the Deaf and Hard of Hearing is getting administrative and support services help from the Department of Health and Welfare and the Division of Vocational Rehabilitation. The other agencies all are working hard to find solutions.

It was not an artful process. That’s a fair criticism. However, I did not propose closing any parks or eliminating any agencies. I did not propose “a batch of half-baked plans to zero out small but politically popular state services.” I did not ignore “hidden costs.” My approach was not, “If it brings joy to people, government has no business doing it.” And I am not trying “to run parks or public TV on the cheap.”

I understand that columnists are in the business of selling newspapers. I also understand that responsibility and prudent financial management are not exciting or headline-grabbing topics. However, they are at the heart of what State government must do on behalf of the people we serve.

It’s unfortunate that some columnists consider facts little more than obstacles to be overcome or sidestepped, justified in their minds by the righteous end of afflicting those who they consider “comfortable.”

But Adams was right 240 years ago. He still is.

The proposed merger could affect other programs the labor department had in the works.  “The additional financial support the department is putting into the Human Rights Commission has required us to juggle our priorities, and some projects that had been on the front burner before have now been pushed back or scaled back,” Madsen said. The merger will cost the labor department $144,000 in the next budget year, and $1.5 million during the next four years. Items on the chopping block include opening more offices across the state, reduced funding for the online Idaho Career Information System, and installing new energy-efficient windows at the labor department headquarters in Boise.

“The window situation down at the main office is pretty bad,” said labor department spokesman Bob Fick.

Madsen said he will encourage the commission to use its resources wisely, but won’t offer input on its work handling discrimination disputes.  “I’m not going to tell the human rights commission my opinions on issues, even if they ask,” he said. “I’m going to make sure that they’re efficient, independent, and effective.”

“Now you’ve found a home for the Idaho Human Rights Commission, and we’re grateful,” said Rep. Maxine Bell, R-Jerome.

The IHRC announced Monday that it supports the merger, which came about after Gov. Butch Otter announced his intent to phase out state funding for the agency during the next four years. “We’re humbled that they offered to help,” IHRC director Pam Parks said. “It’s a huge impact.”

Otter supports the merger, according to Madsen. “Hopefully the Legislature will endorse it and then he can sign a bill,” he said. The merger would likely go into effect in July. Madsen said he will meet informally with IHRC staff Tuesday morning to further discuss the merger.

Read IdahoReporter’s coverage of the IHRC/IDOL merger here and the news release on IHRC’s unanimous vote below.

IHRC Commissioners Unanimously Support Partnership with Department of Labor

The Idaho Human Rights Commission (IHRC) has unanimously endorsed the proposed legislation merging the commission and the Idaho Department of Labor (IDOL).

In approving the plan at a special meeting on Feb. 3, the nine commissioners expressed confidence that the proposed merger between the two agencies will have multiple benefits. It will:

* Enhance both agencies’ commitment to provide exemplary services to the citizens of Idaho with a minimal impact to the Department of Labor.
* Create significant cost savings and efficiency for the commission.
* Provide an offset to the proposed general funds reduction.
* Strengthen the commission while preserving its autonomy in enforcing Idaho’s Human Rights Act and the federal civil rights laws.

“In partnership with the Department of Labor, the Idaho Human Rights Commission will continue to do the work we are charged to do by the Idaho Legislature and the people of Idaho,” Commission President Estella O. Zamora said. “We look forward to working with Labor Director Roger Madsen and his staff and thank them for their willingness to support us and the important work that we do – protecting Idaho’s people from discrimination.”

“This is the kind of agreement that highlights what can be accomplished when we work together for a common purpose – to meet the needs of Idaho citizens while being mindful of the realities of our budget and the responsibility of living within the people’s means,” Governor C.L. “Butch” Otter said. “I congratulate everyone involved for thinking creatively and acting so effectively.”

“The department looks forward to supporting the Human Rights Commission in carrying out a responsibility to keep Idaho free of discrimination,” Madsen said. “Through the department’s network of 25 local offices across the state, we hope to help the commission better reach all Idahoans.”

The proposed merger is a result of Governor Otter’s request in late December that the commission explore alternative funding sources to make state government more efficient. On Jan. 4, Commission Director Pamela Parks suggested to the Governor’s Office that Idaho consider the structure some other states have used in housing their civil rights enforcement agencies in their labor departments, calling it an efficient, effective and logical fit. Madsen immediately agreed, and discussions on the details of the merger were launched.

Madsen and several members of his team met with Parks and the commissioners for two hours on Jan. 30 to answer commissioners’ questions. After airing their concerns, the commissioners expressed their appreciation for the Labor Department’s attention to detail in drafting the legislation, saying it reflected the agreements reached in the earlier discussions.

“This partnership strengthens Idaho,” Commissioner Sheila Olsen of Idaho Falls said, enthusiastic about the assistance the commission will receive from the Labor Department to continue its important work.

Commissioner Joe B. McNeal, former mayor of Mountain Home, called the proposal “an outstanding effort by the department and commission to form a partnership that will benefit all Idahoans.”

Parks called it “a win-win for the state, and the right thing to do. We recognize that both our agencies share a common mission to provide Idaho with a strong work force and a commitment to ensure that those workers are protected from discrimination in the workplace.”

Commissioners are appointed by the governor to three year terms.