The Indian Affairs Council, a panel dedicated to working through issues related to governments and Indian tribes, was slated to meet Wednesday to hammer out a slew of items on a long agenda, but other legislative business prevented the group from doing so.

The panel did take a few minutes to elect new leadership.  Rep. Bob Nonini, R-Coeur d’Alene, was unanimously chosen as the panel chairman, and Chief L. Allan from the Coeur d’Alene Tribe was elected to serve as vice chair.

Allan and his tribe are actively involved in legislation dealing with how tribal deputies enforce state law on reservation ground.  The hearing, held in the House Judiciary Committee, was in its third hour when the Indian Affairs Council met and had the attention of all tribal officials.

Allan said he wants the committee to meet in the next few weeks and that he doesn’t want the panel to simply be “window-dressing” for complex issues facing tribes and government.  Allan and other tribal representatives said they are dedicated to working with government officials to find solutions to problems.

New to the committee this year are Rep. Wendy Jaquet, D-Ketchum, and Sen. Jim Hammond, R-Coeur d’Alene.  They replaced Sen. Mike Jorgenson, R-Hayden Lake, and Rep. George Sayler, D-Coeur d’Alene, who left the Legislature last year.

When the committee meets again in upcoming weeks, it will discuss the tribal law enforcement bill, health and welfare and education issues for tribes, as well as a possible increase to the cigarette tax in Idaho.

The audio features Labrador explaining his views on illegal immigration to those gathered at a meeting for the City Club of Boise almost exactly three years ago.  The forum at which Labrador spoke was concerning federal immigration legislation and the event boasted addresses from a Homeland Security official, Labrador,  and a resident of Boise familiar with issues concerning legal and illegal immigrants.  In the clip, Labrador, an immigration attorney, told the story of a female who was smuggled into the country by her parents at the age of 2 and grew up in the United States and was married to a U.S. Marine when she came to him for help with immigration.  Labrador said that because of an immigration system that “doesn’t make any sense,” the lady traveled to Mexico to visit family and then returned illegally to the U.S.

The federal government wanted her to return to Mexico for 10 years before applying for citizenship, a sacrifice she was unwilling to make, Labrador said.   “That is ridiculous,” he said.  ”I could not believe there was nothing we could do to help her.”   He advocated for two changes to immigration code that would make it much easier for children brought to the country by their parents illegally to have pathway to citizenship.  He said that he would remove the 10-year home country requirement and reduce it down drastically, and would support the DREAM Act of 2007.  ”That would give the opportunity to a child who came to the United States as no fault of her own, graduated high school, and is in a post-secondary type of setting … would give them the opportunity to become legal,” Labrador explained.

Here is the audio of Labrador’s stance on the DREAM Act:

Labrador on the DREAM Act

Labrador, who describes himself as “more of a moderate” on immigration in the audio clip, isn’t the only Idaho politician to throw his support behind the DREAM Act.  Though the majority of co-sponsors on the bills were Democrats, Idaho’s two senators at the time, Republicans Larry Craig and Mike Crapo, both helped push for passage of the legislation. The bill, which never received much traction in Congress, would have allowed for children of illegal immigrants brought to this country early in life to obtain citizenship by jumping through some federal hoops.  If the legislation passed, illegal youngsters would have had to graduate high school, be of good moral character, and complete a bachelor’s degree within a certain amount of time to qualify to become a legal citizen.

Labrador’s comments in 2007 may come in direct conflict with what he said during a press conference earlier this year during his primary election battle with Vaughn Ward.  Labrador offered a three-pronged approach to solve immigration woes.  First, he said, the federal government should enforce laws already on the books concerning immigration.  Next, he called on President Barack Obama to send thousands of troops to the border to quell violence in the region.  Finally, he said that authorities should work to remove illegal immigrants from the country, but should give special consideration for future return to the U.S. to those illegal immigrants who come forward willingly.  The line that conflicts with his address in 2007. “I have always advocated that those here illegally must return to their home countries and apply to reenter per the laws of the United States,” explained Labrador. (See the video clip of Labrador’s press conference here)

The two statements, Labrador told IdahoReporter.com Wednesday, do not conflict with one another.  ”The DREAM Act should require people to go back to their home countries for some period of time before applying to become legal.  I have always advocated for that,” Labrador said.  ”I was talking about the concept of the DREAM Act and not the actual bill.  The concept of what we do with those kids who have been here most of their lives, but were brought here illegally by their parents.  Should we give them the opportunity to come back and get legal?”  He said that the act contains certain provisions with which he has never agreed, like giving in-state college tuition to illegal immigrants.  ”I have never been in favor of that,” Labrador said.

Labrador also used the interview and the immigration question to take a swipe at his opponent, Democratic Rep. Walt Minnick.  ”If he wants to debate me on immigration, I’ll do it anywhere and anytime,” Labrador said.  ”The real question is where Minnick stands on immigration.  His own party is suing the state of Arizona over its immigration law.  He is in favor of amnesty and has said that illegal immigration is no worse legally than a speeding ticket.”  In a recent story about the immigration law, Minnick said the administration of President Barack Obama should focus on finding comprehensive immigration solutions, rather than picking on Arizona.

Labrador and Minnick face off in November’s general election and are expected to debate several times in coming months.  John Foster, spokesman for the Minnick campaign, has not commented on Labrador’s immigration positions.

“The more philosophically we’re aligned, then certainly the easier it is,” said House Speaker Lawerence Denney, R-Midvale.

However, he said it remains to be seen whether the Senate will shift to the right.  “Until they actually get here, you don’t really know how conservative they’re going to be,” Denney told IdahoReporter.com.  “I suspect that if they are as conservative as they claim to be that there will be some change.”

Republican senators Mike Jorgenson of Hayden, Gary Schroeder of Moscow, Lee Heinrich of Cascade, and Charles Coiner of Twin Falls all fell to challengers in Tuesday’s Republican primary.  All those challengers offer specific legislation where they would vote more conservatively.

Steve Vick of Dalton Gardens, who beat Jorgenson, said he takes a different approach on tax issues.  “He had voted to raise the gas tax and the drivers’ license fee and supported putting a tax on Internet sales,” Vick said about Jorgenson.  “I would oppose all of those things.  I feel like we’re taxed enough, so we didn’t need more taxes.”  Vick is a former Montana lawmaker who served on that state’s appropriations committee.

Gresham Bouma of Troy, who beat Schroder, said several policy issues separate him from the more moderate Schroeder, including wolves.  “He wants to manage them,” Bouma said.  “I think they need to be eliminated.  I see them as an alien invasive species.”  Schroeder chaired the Senate Environment and Resources Committee, which dealt with hunting and wolf issues, and favored expanding Idaho’s wolf hunt.  Many of Bouma’s other campaign issues dealt with Idaho’s response to federal policy.  “Between the wolves, cap and trade, and Obamacare, we could be out of business in north Idaho.”  Bouma faces a Democratic challenger in the November election in a district that has elected a Democratic state representative, Shirley Ringo of Moscow.

Twin Falls City Councilman Lee Heider criticized some of Coiner’s votes in the Senate.  “I think a lot of people were unhappy with his voting record, and I represented conservative values,” he said.  “I think that’s what the Republican Party was looking for, was someone that had been more conservative than Mr. Coiner had been.”  Coiner was one of three senators to oppose legislation requiring the state to file a lawsuit against federal health care reforms, and also opposed a plan creating conscience rights for health care workers on certain issues including abortion and end-of-life care.

Heinrich lost to rancher and part-time school teacher Sheryl Nuxoll of Cottonwood.  On her website, Nuxoll criticized Heinrich for opposing a plan that would create a tax break for an airplane repair company in Boise.  “I would have voted for the rebate to attract business, but the incumbent voted to kill the bill in committee,” she said on her website.

House Majority Leader Mike Moyle, R-Star, who backed the rebate for plane repairs, said the decisions by voters in some districts could validate House Republicans.  “It sounds like maybe the House was right,” he said.  “Maybe the people realize that we need to help business grow and not hamstring it.”

The potential shift in Senate Republicans could trigger a change in Senate leadership next year.  Most  of the winning challengers in Tuesday’s primary wouldn’t say whether they would vote to keep Senate President Pro Tem Bob Geddes, R-Soda Springs, in charge, though Nuxoll said she wants to see a change at the top of the Senate.  “I’m hoping for a more conservative leadership,” she told IdahoReporter.com.

Two House incumbents also lost re-election bids.  Rep. Steve Kren, R-Nampa, was defeated by Christy Perry of Nampa.  Denney said he was surprised by Perry’s margin of victory—she won with 56 percent of the vote—while Rep. Joe Palmer, R-Meridian said he was surprised Kren lost.  Rep. Rich Jarvis, R-Meridian, was beaten by former seat holder John Vander Woude of Nampa.

Like the Canyon County endorsements, support came for Ward from both houses of the Legislature.  Sens. John Goedde, R-Coeur D’Alene, Shawn Keough, R-Sandpoint, and Mike Jorgenson, R-Hayden, were joined by Reps. Eric Anderson, R-Priest Lake, and George Eskridge, R-Dover, in supporting Ward.

“Vaughn knows that small businesses create jobs, not the federal government,” said Senator Goedde.  “He is a proven leader who will eliminate wasteful government spending and reduce the federal deficit that is threatening our children and grandchildren.”

“Vaughn understands the importance of managing our natural resources,” said Senator Keough.  “He will work to reduce the government regulation that is hurting our ability to properly manage our natural resources and his first priority will be to put Idahoans back to work responsibly managing our lands.”

“Vaughn is the only candidate who will fight to strengthen and secure our borders, and strongly oppose amnesty for illegal immigrants,” said Senator Jorgenson.  “He understands how illegal immigration is effecting our economy and I believe he can deliver real immigration reform for us.”

Jorgenson has opposed to Labrador’s candidacy since the beginning of his campaign.  Jorgenson, on the same day that Labrador announced his intent to run, released a statement calling on Labrador to withdraw from the race due to his views on illegal immigration.  Jorgenson charged Labrador with “defending illegal immigrants in his law practice” and defending “individuals who have smuggled people illegal immigrants into the United States.” Jorgenson said he believes Labrador’s views just right for Idaho and that if elected, Labrador  “will act against the will of the citizens of Idaho.”

When asked about Jorgenson’s statement, Labrador shrugged it off.  ”He doesn’t have too many friends in the Senate, so I wouldn’t worry about him.”

Anderson, one of Labrador’s fellow House members, voiced his support for Ward as well.  ”Everywhere I go in my district, my constituents are telling me Vaughn Ward is the right person for job,” said Anderson. “Vaughn will fight to protect our Second Amendment freedoms in Congress. As a member of the NRA and a strong believer in our Second Amendment rights, Vaughn Ward has my vote.”

Saona said that the session began much like 2009, with legislators coming to Boise focused on budgets, which, she said, sets the tone of session. She said that in 2009, because so much emphasis was put on budgetary matters, lawmakers were more focused and less likely to deal with social issues. It was a different scene in 2010, said Saona, who added that issues dealing with immigration and choice, which didn’t receive committee hearings in 2009, “went a little bit further” this year.

Sen. Brent Hill, R-Rexburg, successfully pushed through legislation to lower the age of consent for teens who engage in sexual activity, which Saona hailed as a success. She said that critics of the bill who argued against it out of fear that predators may have more leeway are misguided because “prosecutors still have plenty of tools in their toolbox” to go after dangerous individuals.

She also said that lawmakers in the Idaho Legislature weren’t correct in pursuing state immigration reform because “it’s something … that really only the federal government can make huge changes on.” She added that states that make “piecemeal changes” to immigration law only instill confusion. She also said that had the reforms been enacted into law, they would have led to racial profiling in hiring practices of employers.

The ACLU also opposed a bill proposed by Sen. Chuck Winder, R-Boise, which allows medical workers to refuse to perform certain medical procedures, like abortions, or dispense some medications due to religious objections. Saona said that her organization, which protects both religious liberties and the rights of patients, opposed the legislation because it favored the religious liberties over patients.

Several less controversial bills were introduced into the Legislature in 2010, including a measure by Rep. Janice McGeachin, R-Idaho Falls, to ban shackling of pregnant prisoners in labor in county jails. Saona said that the ACLU worked with McGeachin and the Idaho Sheriffs Association – something she said “doesn’t happen very often” – to develop the bill, which, due to opposition from the Idaho Department of Correction, never received a full committee hearing. The legislation will likely appear during the 2011 session.

“We hope to keep working on it,” said Saona.

Rep. Phil Hart, R-Athol, successfully pushed through a piece of legislation in the House limiting the use of whole-body imaging machines, though it never received a Senate committee hearing. Saona said that her organization does “have concerns about the use of that type of technology generally.” Concerns of jurisdiction, meaning who has authority to regulate the use of the body scanners in airports, may have derailed the legislation, said Saona.

Another bill pitched by Hart was a plan to limit the use of radio chips in driver’s licenses in Idaho. The measure, like his other, never received a Senate committee hearing. Saona said that the ACLU is generally supportive of “pieces of that bill,” but is wary of other parts, including a provision designed to crack down on the issuance of licenses to illegal immigrants.

“We’re definitely concerned about privacy,” said Saona.

In the legislation, the director of DOI would be able to suspend the license of any bail agent if he or she makes a false statement to a court or is convicted of a crime that shows bad moral character or financial responsibility.

Otter, Clark, and Sen. Mike Jorgenson, R-Hayden, said the reforms have been five years in the making.

The legislation also requires bail agents to register their license with district courts, and allows courts to refuse payments from bail agents they feel break the terms of their license.

DOI Director Bill Deal and Rob Hayes, the CEO for Alladin Bail Bonds, which operates more than 50 locations in Idaho, Washington and California, said the new regulations are a consensus agreement between the state and the bail industry.

The signing ceremony could be one of the last official acts for Clark, who is not running for re-election for his House seat.

“This isn’t asking anybody for anything we don’t ask for in other areas,” said Sen. Monty Pearce, R-New Plymouth.  “You can’t drive, you can’t cash anything, and you virtually can’t function in society without ID.”  He said requiring ID will increase voters’ trust in state elections.  The legislation wouldn’t apply to absentee voting or require photo identification when registering to vote in Idaho.

Several Senate Democrats opposed the plan.  “In Idaho, we have virtually no evidence of voter fraud.  So whatever this legislation is trying to correct, it is not that,” said Senate Minority Leader Kate Kelly, D-Boise.  She also said checking for ID could lead to longer lines at polling places, and questioned what would happen when poll workers thought someone didn’t look like his or her driver’s license.  Kelly said her photo ID doesn’t look like her.  She said the law would suppress voter turnout.

“I don’t want anybody to take a rare piece of time to go to the polls to be turned away,” said Sen. Michelle Stennett, D-Ketchum.  She also said she’s worried that voters won’t know about the ID standard for this November’s vote.  “In this particular election, I’m concerned that the voters will not be informed enough.”

Sen. Elliot Werk, D-Boise, said one group of Idahoans would be particularly affected by the change.  “Elderly people don’t have IDs in much greater numbers than the rest of the population,” he said.

Republicans carried the legislation on a 27 to 6 vote.  “This isn’t going to be an onerous thing for the poll workers to conduct and carry out,” said Sen. Lee Heinrich, R-Cascade, a former county clerk.  Sen. Mike Jorgenson, R-Hayden, added that now’s the time to limit voter fraud, given the ongoing court battle over a contested city council election in Coeur d’Alene.

“It is not a major issue to show your ID,” said Sen. Jim Hammond, R-Coeur d’Alene.  “I’m a little befuddled by all the consternation over this bill.  I’m amazed by the fact that you don’t have to show ID.”

The legislation now heads to Gov. Butch Otter.  If he signs it into law, voters would need to show ID in the November general election, but not the May primary.

The Senate Local Government and Taxation rejected the plan, one of several proposed tax breaks that have died in the committee.  Sen. Joe Stegner, R-Lewiston, said silver mining companies don’t deserve special treatment.  “I don’t know why we would target this industry when there are so many other industries that would be deserving.”

Stegner and Sen. Mike Jorgenson, R-Hayden, both expressed concern over letting the state treasurer sell new silver medallions.  “Putting the Idaho treasurer in the position of a commodities trader would not be a healthy position for the state of Idaho,” Jorgenson said.  Five other senators joined Jorgenson and Stegner in a vote to hold the proposal in committee, effectively ending its chances of becoming law this year.

“I don’t think it puts [the treasurer] in the commodities market,” Hart said after the committee rejected the plan.  He also said that until 1965, the state treasurer engaged in similar actions buying and selling gold and silver.  “We’re not really rolling the clock back all that far,” he said.  Hart added that he will discuss the silver legislation with lawmakers on the committee before the next legislative session, when he will reintroduce the proposal.  “I just need to sell the bill,” he said.

Read IdahoReporter.com‘s story on the House passage of Hart’s proposal here.

“Whether you live in Driggs, Twin Falls, Boise, Lewiston, Plummer, Sandpoint, Bonner’s Ferry, our state has one of the most amazing set of bike trails,” Sen. Chuck Winder, R-Boise, said in support of the biking plate. “The mountain bike plate will recognize that.”

Several senators opposed adding any new plates. Idaho currently has more than 40 specialty license plates. “I’m not a fan of this proliferation of plates,” said Sen. Jim Hammond, R-Coeur d’Alene.

“I support cycling, but I cannot support a license plate for them,” said Sen. Elliot Werk, D-Boise. Werk has introduced several pieces of legislation related to bicycle safety this legislative session.

Sen. Joe Stegner, R-Lewiston, explained his no vote on the wilderness plate with just four words. “I don’t like it,” he said.

Sen. Mike Jorgenson, R-Hayden, said he voted for the wilderness plate, but not the biking plate. “I really like the moose,” he said.

Read IdahoReporter.com’s story about a Senate committee approving the two specialty plates here. The text of the mountain biking plate legislation is available here and the Selway-Bitterroot plate is available here.

“This bill simply removes the word triplicate and gives the department flexibility to create an electronic form, thus saving the taxpayers dollars,” said Sen. Mike Jorgenson, R-Hayden.

The proposal would also add lines on applications asking for a person’s citizenship and place of birth.  The new questions would enable Idaho to comply with federal background check laws.

Read IdahoReporter.com‘s story about the form change here.  The text of the legislation is available here.