JOURNAL of the
STATE SENATE
ORGANIZATIONAL SESSION and
FWST REGULAR SESSION of the
FORTY-FIRST LEGISLATURE of the
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STATE OF IDAHO
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[December 3
SENATE JOURNAL
SENATE JOURNAL OF THE ORGANIZATIONAL SESSION FORTY-FIRST LEGISLATURE
THURSDAY, FIRST LEGISLATIVE DAY DECEMBER 3, 1970 Senate Chamber, Boise, Idaho, December 3, 1970. At the hour of 1:30 o’clock p.m. on Thursday, December 3, 1970, the members-elect of the Senate of the Fortyfirst Session of the Idaho Legislature, convened in the Senate Chamber of the Capitol in the city of Boise for an organizational session. The Senate was called to order by President Jack Murphy. The following Certificate of Election was read by Arthur Wilson, Secretary of the Senate: STATE OF IDAHO DEPARTMENT OF STATE I, PETE T. CENARRUSA, Secretary of State of the State of Idaho and legal custodian of the record of elec tions held in the State of Idaho, do hereby certify that the following is a full, true and complete list of those elected on November 3, 1970, to serve as members of the Senate of the Forty-First Session of the Idaho Legislature, as shown by the official records on file in my office: DISTRICT NAME 1 James F. Stoicheff 2 Art Manley 3 C. C. (Cy) Chase 4 Arthur P. Murphy 5 JohnMi.x 6 Mike P. Mitchell 7 William G. Crutcher 8 Nels L. Solberg 9 Warren H. Brown 10 David W. Bivens 11 Win. L. “Bill” Crookham 12 Leon H. Swenson 13 Walter Yarbrough 14 Vernon K. Brassey 15 Edith Miller Klein 16 Lyle R. Cobbe 17 H. Dean Summers 18 Wayne L. Kidwell 19 J. Wilson Steen 20 James Ellsworth 21 John T. Peavey 22 Don G. Fredericksen 23 Richard S. High 24 John M. Barker 25 Robert (Bob) Saxvik 26 Joe F. Allen 27 Neil J. Miller 2$ Ray W. Rigby 29 J. Marsden Williams 30 W. Fisher Ellsworth 31 Richard A. Egbert 32 Reed Budge 33 John V. Evans 34 ell V. Manning 35 Chas. E. “Chick” Bilyeu IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State. Done at
Boise City, the Capital of Idaho, this First day of Decem ber, in the year of our Lord One Thousand Nine Hundrec and Seventy, and of the Independence of the United State of America, the One Hundred and Ninety-Fifth. Is! PETE T. CENARRUSA Secretary of State Roll call for the purpose of determining the number 0: Senators-elect present showed all members present. The oath of office was administered to the members elect of the Senate by President Jack Murphy. The following prayer was offered by Chaplain Newel Morgan: Almighty God, Sovereign of the Universe, humbly w stand, conscious of Thy Presence. At the opening session of this governing body, bles richly these elected leaders of our state. They come tc assume the awesome responsibility of helping to goverr free men in a changing and demanding society. Give their each a full measure of your wisdom. Lead them in theb decisions as only Your perfect knowledge can. Give them courage, patience, strength, knowledge anc great compassion in the days ahead as they make theii organizational decisions and plan for the coming sessions We thank Thee for this great state, our self government this free nation and all it offers each of us. Help us always to be adequate, to be strong, and to ix free. In Christ’s Holy Name, Amen. Messages from the Governor The following message from the Governor was read b3 the Secretary: STATE OF IDAHO OFFICE OF THE GOVERNOR BOISE December 3, 1970 The Honorable Jack M. Murphy Lieutenant Governor President of the Senate Senate Chambers BUILDING MAIL Dear Mr. President: I have the honor once again, by this letter, of welcoming the ladies and gentlemen of the Idaho Legislature tc Boise, and to extend cordial official and personal greet ings as you gather for this organizational session of tix 41st Legislature. I say to you in this, my final message, that I will miss our associations and contacts, our working closely togethe; in times of agreement and otherwise, but all sharing thE same paramount desire to provide the best governmenl possible for the State we all love and the people we rep resent. As this chapter of Idaho history draws to a close, place before you some words declared in the earliest mo ments of Idaho’s territorial days: “Let Idaho, as her name indicates, sit among the moun tains, a gem of the brightest luster, radiant with uncon ditional loyalty, attracting by her glorious light, the gazc and admiration of mankind.” Those eloquent words were uttered one hundred anc seven years and six days ago, on December 9, 1863, at Lewiston. They were spoken by William B. Daniels, terri torial secretary and acting governor, to the very first session of the territorial legislature. I urge that you remember the challenge contained it the words, and continue to strive to live up to them, even
SENATE JOURNAL s I have tried to do these past four years. Please let it e remembered that this administration will yield to none in the record of its efforts in behalf of the people of Idaho, ud to thrust the State of Idaho prominently into the gaze ud admiration of mankind. I congratulate all members of the 41st Idaho Legisla Lure upon their election one month ago today. I have said in the past, and I repeat today, that both of our great political parties are endowed with an abundance of ability and knowledge and integrity, and these talents iepresent a lot of combined wisdom from which should [low continued progress for Idaho state government. I bid you a friendly farewell, and reiterate what a warm pleasure it has been to work with you in the 39th and 40th sessions. I extend best wishes as you organize and prepare o face the challenges and responsibilities which will be yours when the 41st Legislature resumes on January 11, 1971. Sincerely, Is! DON SAMUELSON Governor Motions and Resolutions Moved by Senator Kidwell that Senator Ellsworth (20) e elected President Pro-Tempore of the Senate. Seconded by Senator Evans. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (30), Evans, Fredericksen, High, Kidwell, Klein, anley, Manning, Miller Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, teen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—34. NAYS—None. Excused—Ellsworth (20). Total—i. Total—35. Whereupon the President declared Senator Ellsworth (20) elected President Pro-Tempore for the Forty-first Session of the Idaho Legislature. The President appointed Senators Evans and Kidwell to sscort President Pro-Tempore Ellsworth (20) to the Chair bo receive the oath of office. The oath of office was admin stered to President Pro-Tempore Ellsworth (20) and he was then escorted back to his seat. President Pro-Tempore Ellsworth (20) arose on a point cf personal privilege to introduce the Director of the United States Mint, Mrs. Mary Brooks, the former State Senator from District 21. Mrs. Brooks addressed the mem inrs of the Senate and was thanked for her remarks by bhe President. Moved by Senator Kidwell that the Rules of the Senate s adopted by the Second Regular Session of the Fortieth Legislature be adopted as the temporary rules of the Or anizational Session of the Forty-first Session of the Idaho Legislature. Seconded by Senator Evans. The question being, “Shall the rules be adopted?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs Crookham Crutcher, Egbert, Ells rorth (20), Ellsworth (30), Evans, Fredericksen, High, Cidwe1l, Klein, Manley, Manning, Miller, Mitchell, Mix, sfurphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. Whereupon the President declared the motion passed nd the rules adopted. On motion by Senator Kidwell, seconded by Senator
December 4]
Evans, Arthur Wilson was elected to the office of Secretary of the Senate. At this time, a committee from the House of Repre sentatives, consisting of Representatives Roberts, McDer mott, and Dunn, reported that the House of Representa tives is organized and ready for business. The President thanked the committee and asked them to convey the congratulations of the Senate to the House. On request by Senator Kidwell, granted by unanimous consent the seats now occupied by the Senators were assigned to them. At this time, Senator Kidwell stated that it is proper to notify the Governor that the Senate is organized for the Organizational Session of the Forty-first Legislature and he noted that the Acting Governor of the State of Idaho was presiding as President of the Senate. Whereupon the Acting Governor recognized the fact that the Senate is organized and Senator James Ellsworth (20) elected President Pro-Tempore of the Senate. On request by Senator Kidwell, granted by unanimous consent, the President appointed a committee of four, consisting of Senators Mix, Crutcher, Yarbrough and Bivens, to notify the House of Representatives that the Senate is organized and ready to conduct business. Whereupon the President appointed Senators Mix, Crutcher, Yarbrough, and Bivens to wait upon the House and inform them that the Senate is organized and ready for business. The Committee appointed to wait upon the House re turned with greetings from the House and reported that it had delivered the Senate’s message. The President thanked and dismissed the committee. On request by Senator Kidwell, granted by unanimous consent, the President of the Senate appointed Virginia Seibert as his administrative secretary. Miscellaneous Business On motion by Senator Kidwell and seconded by Senator Evans, the Senate adjourned until 10:00 o’clock a.m., Fri day, December 4, 1970. JACK MURPHY, Attest: President. ARTHUR WILSON, Secretary. FRIDAY, SECOND LEGISLATIVE DAY DECEMBER 4, 1970 Senate Chamber, Boise, Idaho, December 4, 1970. President Murphy called the Senate to order at 10:00 o’clock a.m. Roll call showed all members present. The following prayer was offered by Chaplain Newell Morgan: Our God and Father, for a new day of opportunity and service, we thank Thee. Help us to meet with wisdom and efficiency every problem, responsibility and decision of the day. Bless, we pray, the Governor, Lt. Governor, each mem ber of the Legislature and those who work with them. Supply, we ask, those things which they lack. May they be people of great vision, grasping each situation. Help them to plan wisely, proceed orderly and achieve greatly. Sustain them with Your love, lead them with Your Spirit. May this day be most satisfying to each. All this we ask in Christ’s Name, Amen.
[December 5
SENATE JOURNAL Miscellaneous Business
On motion by Senator Kidwell, seconded by Senator Evans, the Senate recessed until 2:00 o’clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 2:00 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present except Senator Rigby, excused. Prior to recess, the Senate was at the Fifteenth Order Df Business. There being no objection, the Senate returned to the Fifth Order of Business. Presentation of Petitions, Memorials and Resolutions The following Resolution was read at length by the Secretary: S.C.R. 101
By KIDWELL A concurrent Resolution fixing the salaries of the em ployees of the Organizational Session of the Forty-first Legislature of the State of Idaho. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, Sections 67-601, 67-602 and 67-608 of the Idaho Code provide that the compensation of the em ployees of the Senate and House of Representatives shall be fixed by concurrent resolution of the Senate and House; and WHEREAS, It is the desire of the Senate and the House, by this concurrent resolution, to fix the compensation of he employees of the Organizational Session of the Fortyfirst Session of the Idaho Legislature: NOW, THEREFORE, BE IT RESOLVED by the Senate, he House of Representatives concurring therein, that the eompensation of the various officers of the Senate and aouse of the Organizational Session of the Forty-first Session of the Idaho Legislature be fixed as follows: Secretary of the Senate $35.00 Per Day Chief Clerk and Parliamentarian (House) 35.00 Per Day Assistant Secretary of the Senate 30.00 Per Day Assistant Chief Clerk (House) 30.00 Per Day Assistants to the President and Speaker 30.00 Per Day Assistant to the President Pro Tem 30.00 Per Day Secretary to the Speaker 25.00 Per Day Sergeant-at-Arms 27.50 Per Day Assistant Sergeant-at-Arms 22.50 Per Day Docket Clerks 27.50 Per Day Journal Clerks 27.50 Per Day Secretaries to Chief Clerk and Secretary of the Senate 22.50 Per Day Secretary to the Minority Leader 25.00 Per Day Dhaplains 10.00 Per Day Secretaries to Appopriations and Finance Committees 27.50 Per Day Dommittee Secretaries 22.50 Per Day 4dministrative Assistant (MTST) 27.50 Per Day erox Operator 17.50 Per Day [anitors 17.50 Per Day S.C.R. 101 was referred to the Tenth Order of Business, fotions and Resolutions, and ordered held at the desk [or two legislative days.
Motions and Resolutions Moved by Senator Kidwell, seconded by Senator Mix, ;bat all rules of the Senate interfering with the immedi te consideration of S.C.R. 101 be suspended. The question being, “Shall the rules be suspended?” Roll call resulted as follows:
AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High Kidwell, Manley, Manning, Miller, Mitchell, Mix, Murphy Peavey, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—33. NAYS—None. Absent and excused—Klein, Rigby. Total—2. Total—35. More than two-thirds having voted in the affirmative, the President declared the rules suspended and S.C.R. 101 was before the Senate for consideration. Moved by Senator Kidwell, seconded by Senator Evans that S.C.R. 101 be adopted. The question being, “Shall S.C.R. 101 be adopted?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells. worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley Manning, Miller, Mitchell, Mix Murphy, Peavey, Saxvi, Solberg, Steen, Stoicheff, Sum. mers, Swenson, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Rigby. Total—i. Total—35. Whereupon the President declared S.C.R. 101 adopted, title was approved and the Resolution ordered trans mitted to the House. On motion by Senator Kidwell, seconded by Senatox Evans, the following attaches were elected to fill the offices provided for by the Constitution of the State of Idaho, and by statute, salaries to be fixed by Concurrent Resolution: Secretary of the Senate Arthur Wilson Pat Harper Assistant Secretary of the Senate Virginia Seibert Assistant to Presideni Assistant to President Pro-Tempore Marie Pond Tina Prophet Secretary to Minority Sergeant-at-Anne Reed Christensen Assistant Sgt-at-Arme Harry Durall Dorothea Baxter Journal Clerl Connie Anderson Docket Cler] Mildred King Sec. to Secretary of Senate Betty Lou Donnelly Finance Secretary Chaplair Newell Morgan Janitoi Dan Chadwick Mike Franklin Janitoi Dorothy Hanford Administrative Assistant (MTST) Miscellaneous Business On motion by Senator Ellsworth (20), seconded by Senator Crutcher, the Senate adjourned until 10:00 o’clock a.m., Saturday. December 5, 1970.
JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
SATURDAY, THIRD LEGISLATIVE DAY DECEMBER 5, 1970 Senate Chamber, Boise, Idaho, December 5, 1970. President Murphy called the Senate to order at 10:00 o’clock a.m. Roll call showed all members present except Senator Brown, excused.
SENATE JOURNAL The following prayer was offered by Chaplain Newell iIorgan: May this new day, Our God and Father, be to each of s as a precious gem, ever valuable because of its suc esses. As these Senators and Lt. Governor move forward in ;heir planning and preparation may Your Divine and mlimited wisdom which designed in men’s minds the great principles oi democracy assist them as they seek aws and government which will be the best for all. May the comprehension that all society rests upon law, )rder and equality be basic to all they seek to accomplish. Iay the realization that the only good government be ;hat which s equally good for all guide these lawmakers. Keep safe these who return temporarily to their homes, amilies and businesses. May Your richest blessing rest ipon one and all. In the Name of the Christ, Amen At this time the President asked the Sergeant-at-Arms ;o escort the attaches, elected to the offices provided for ) Constitution, to the desk to be sworn in. The oath of office was administered to the following ttaches: Arthur Wilson, Pat Harper, Virginia Seibert, Marie Pond, Tina Prophet, Reed Christensen, Harry Durall, )orothea Baxter, Connie Anderson, Mildred King, Betty Lou Donnelly, Newell Morgan, Mike Franklin, Dorothy Ianford, Dan Chadwick. Presentation of Petitions, Memorials and Resolutions The following resolution was read at length by the 3ecretary: S.C.R. 102 By FINANCE COMMITTEE A CONCURRENT RESOLUTION Authorizing the Joint Finance and Appropriations com nittee to convene in pre-session meeting for the conduct )f committee business. Be It Resolved by the Legislature of the State of Idaho: WHEREAS. the necessary hearings of the Joint Finance md Appropriations Committee require substantial time; md WHEREAS, to avoid undue delay in the other business bo be conducted by the Legislature; and WHEREAS, a pre-sess3n meeting of such committee vill facilitate the conduct of business and continuity of bhe entire Legislature; NOW, THEREFORE, BE IT RESOLVED by the Senate, ;he House of Representatives in organizational session of ;he Forty-first Idaho Legislature concurring, that the Joint Finance and Appropriations Committee is hereby uthorized to meet between the date of passage of this 3oncurrent Resolution and January 11, 1971, at such times md such places as may be deemed best by the committee [or the conduct of the committee’s business. S.C.R. 102 was referred to the Tenth Order of Business, Iotions and Resolutions, and ordered held at the desk for wo legislative days. Messages from the House December 5, 1970. vIr. President: 1 transmit herewith H.C.R. 1 and return herewith: 3,C.R. 101 which have passed the House. FITZWATER, Chief Clerk.
December 5]
H.C.R. 1 was referred to the Tenth Order of Business, Motions and Resolutions. S.C.R. 101 was referred to the Judiciary and Rules Com mittee for enrolling. Motions and Resolutions The following resolution was read at length by the Sec retary. H.C.R. 1 By WAGNER AND SNOW A CONCURRENT RESOLUTION Expressing appreciation to the North Idaho Chamber of Commerce and the Eastern Idaho Chamber of Commerce for their sponsorship of Pre-Legislative tours throughout Northern and Eastern Idaho. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, it is in the best interest of all citizens of the state of Idaho that their elected represenatives serve in a statesmanlike manner cognizant of the many econ omic, geographic, and social variables that make up the state of Idaho; and WHEREAS, it is through the hard work of the North Idaho Unamber of Commerce and the Eastern Idaho Chamber of Commerce that pre-legislative tours have allowed a majority of the members of the Idaho Legisla ture to travel and learn about these areas of our great state. NOW, THEREFORE, BE IT RESOLVED by the House of Representatives, the Senate in organizational session of the First Regular Session of the Forty-first Idaho Leg islature concurring, that we express our deep gratitude and appreciation to both Chambers of Commerce for their hard work and dedication in making the tours an educa tional experience and a resounding success. H.C.R. 1 was ordered held at the desk for two legisla tive days. Moved by Senator Kidwell, seconded by Senator Crutch er, that all rules of the Senate interfering with the imme diate consideration of H,C,R. 1 be suspended. The question being, “Shall the rules be suspended ?“ Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Brown. Total—i. Total—35. More than two-thirds having voted in the affirmative, the President declared the rules suspended and H.C.R. 1 was before the Senate for consideration. On motion by Senator Bivens, seconded by Senator Crutcher, H.C.R. 1 was adopted, title was approved and the Resolution ordered returned to the House. Moved by Senator Kidwell. seconded by Senator Mix, that all rules of the Senate interfering with the immedi ate consideration of S.C.R. 102 be suspended. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Budge, Chase, Cobbs, Crookham, Crutcher, Eghert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—34.
SENATE JOURNAL
tDecember 5
NAYS—None. Absent and excused—Brown. Total—i. Tota1—35. More than two-thirds having voted in the affirmative, the President declared the rules suspended and S.C.R. 102 was before the Senate for consideration. Moved by Senator Kidwell, seconded by Senator Mix, that S.C.R. 102 be adopted. The question being, “Shall S.C.R. 102 be adopted?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Budge, Chase, Cobbs, Crookham. Crutcher, Fgbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik. Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Brown. Total—i. Total—35. Whereupon the President declared S.C.R. 102 adopted, title was approved and the resolution ordered transmitted to the House. Moved by Senator Ellsworth (20) that Rule No. 19 of the temporary rules of the Organizational Session of the Forty-first Legislature be amended, causing and allowing the standing committees of the Senate to be named and identified as follows: AGRICULTURAL AFFAIRS Swenson Chairman Bivens Evans Steen Miller Allen Saxvik HEALTH, EDUCATION AND WELFARE —
Barker
Chairman
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Budge Rigby Swenson Solberg Cobbs Stoicheff Allen Mitchell LABOR AND ECONOMIC DEVELOPMENT Ellsworth (30) Chairman Swenson Murphy Crookham Stoicheff Allen Bilyeu JUDICIARY AND RULES Klein Chairman Barker Rigby Kidwell Chase Cobbs Manning Steen Miller STATE AFFAIRS Summers Chairman Ellsworth (20) Murphy Yarbrough Evans Bivens Crutcher Kidwell Mix COMMERCE AND BANKING Brassey Chairman Summers Chase Klein Manning Brown Bilyeu FINANCE High Chairman Yarbrough Egbert Williams Manley Solberg Brassey Peavey Fredricksen —
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RESOURCES AND ENVIRONMENT Williams Chairman Bivens Rigby High Manley Budge Fredricksen Peavey Chase Steen Mitchell LOCAL GOVERNMENT AND TAXATION Brown Chairman Summers Stoicheff Klein Miller Ellsworth (30) Bily’u Crookham Saxvik —
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TRANSPORTATION Budge Chairman Yarbrough Egbert Ellsworth (20) Crutcher Ellsworth (30) Mix Seconded by Senator Evans The question being, “Shall the motion pass?” —
Roll call resulted as follows: AYE S—Allen, Barker, Bilyeu, Bivens, Brassey, Budge Chase, Cobbs. Crookharn, Crutcher, Egbert, Ellsworth (20) Ellsworth (30), Evans, Fredericksen. High, Kidwell, Klein Manley, Miller, Mitchell, Mix, Murphy. Peavey, Rigby Saxvik. Solberg, Steen, Stoicheff, Summers, Swenson, Wil hams, Yarbrough. Total—33. NAYS—Manning. Total—i. Absent and excused—Brown. Total—i. Total—35. More than two-thirds having voted in the affirmative the President declared the amendments to Rule No. 1 adopted. On motion by Senator Ellsworth (20), seconded by Sen ator Evans, the Standing Committees appointments wer confirmed. Theie being no objection, the Senate returned to tin Ninth Order of Business. Messages from the House December 5, 1970. Mr. President: I return herewith S.C.R. 102 which has passed tin House.
FITZWATER, Chief Clerk. S.C.R. 102 was referred to the Judiciary and Rules Corn mittee for enrolling. December 5, 1970. Mr. President: I transmit herewith Enrolled H.C.R. 1 which has beei signed by the Speaker.
FITZWATER, Chief Clerk. The President announced that he was about to sig! Enrolled H.C.R, 1 and when so signed, ordered it returnec to the House. December 5, 1970. Mr. President: I transmit herewith H.C.R. 2 which has passed thc House. FITZWATER, Chief Clerk. H.C.R. 2 was referred to the Tenth Order of Business. .
SENATE JOURNAL Motions and Resolutions The following Resolution was read at length by the Secretary. H.C.R. 2 By CRAPO AND WILLIAMS A CONCURRENT RESOLUTION Providing for the adjournment of the Organizational Session of the Forty-First Idaho Legislature and fixing the time for the adjournment. Be It Resolved by the Legislature of the State of Idaho: BE IT RESOLVED by the House of Representatives, the Senate concurring therein, that at the hour of 11:00 a.m. on December 5, 1970, the House of Representatives and the Senate of the Organizational Session of the Fortyfirst Idaho Legislature adjourn to a time certain, January 11, 1971 at 12:00 noon. H.C.R. 2 was ordered held at the desk for two legislative days. Moved by Senator Kidwell, seconded by Senator Mix, that all rules of the Senate interfering with the immediate consideration of H.C.R. 2 be suspended. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Budge, Chase, Cobbs, Crookham. Crutcher, Eghert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Brown. Total—i. Total—35, More than two-thirds having voted in the affirmative, the President declared the rules suspended and H.C.R. 2 was before the Senate for consideration. On motion by Senator Kidwell, seconded by Senator Evans, H.C.R. 2 was adopted, title was approved and the Resolution ordered returned to the House. There being no objection, the Senate returned to the Sixth Order of Business. Reports of Standing Committees December 5, 1970. The JUDICIARY AND RULES Committee reports that S.C.R. 101 and S.C.R. 102 have been correctly enrolled. KLEIN, Chairman. The President announced that he was about to sign Enrolled S.C.R. 101 and S.C.R. 102 and when so signed, ordered them transmitted to the House for the signature of the Speaker. Messages from the House December 5, 1970. Mr. President: I return herewith Enrolled S.C.R. 101 and S.C.R, 102 which have been signed by the Speaker. FITZWATER, Chief Clerk. Enrolled S.C.R. 101 and S.C.R. 102 were referred to the Judiciary and Rules Committee for tranmittal to the Sec retary of State. December 5, 1970. Mr. President: I transmit herewith Enrolled H.C.R. 2 which has been signed by the Speaker. FITZWATER, Chief Clerk.
December 0]
The President announced he was about to sign Enrolled H.C.R. 2 and when so signed, ordered it returned to the House. Miscellaneous Business Senator Evans arose on a point of personal privilege to read a message from Governor-elect Cecil D. Andrus, On request by Senator Evans, granted by unanimous consent, the message was spread upon the pages of the Senate Journal. MESSAGE TO SENATE FROM CECIL D. ANDRUS I wish you well in your deliberations during your Organ izational Session, and hope it has turned out successfully. I am sorry I hal to be out of town during this time. May I remind everyone that my office is in the new Su preme Court Building and my door is open to all of you. I invite you to come see me if you have any problems. Remember I campaigned on the proposal that I will be a Governor for all Idaho. I am looking forward toward working with you during the next regular session and hope to see you on Inaugural Day. Yours sincerely, /s/ CECIL D. ANDRUS Governor-elect State of Idaho On motion by Senator Ellsworth (20), seconded by Sen ator Evans, the hour of 11:00 o’clock a.m., December 5, 1970, having arrived, this being the day and hour fixed by H.C.R. 2 for adjournment, the Senate of the Organiza tional Session of the Forty-first Legislature of the State of Idaho adjourned until 12:00 o’clock noon, Monday, Jan uary ii, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
[January 11
SENATE JOURNAL
SENATE JOURNAL OF THE
IDAHO LEGISLATURE FIRST REGULAR SESSION FORTY-FIRST LEGISLATURE
FIRST LEGISLATIVE DAY MONDAY, JANUARY 11, 1971 Senate Chamber, Boise, Idaho, January 11, 1971. At the hour of 12:00 o’clock noon on Monday, January 11, 1971, the members of the Senate of the First Regular Session of the Forty-first Legislature of the State of Idaho convened in the Senate Chamber of the Capitol in the city of Boise, President Jack Murphy presiding. Roll call showed all members present. The following prayer was offered by Rev. Dennis E. Bixier: Almighty God, Sovereign of the universe, we stand humbly in Thy Presence. As these men and women, elected leaders of our state, come here to assume the great responsibilities that go with their elected positions, give them greatly of Your wisdom and guidance. May each of them be very conscious of the leading of Your Spirit as they struggle with the many problems and decisions that are before them. Our God, help these men and women, may their self less devotion bring great satisfaction to each of them through the days of this session of the State Legislature. Be most real to the one who presides over these ses sions, and all who will serve in other capacities. We thank Thee for this great State, this great Nation and all it offers each of us. Help us to be strong and free. This we ask in Christ’s name. Amen. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of December 3rd, 4th and 5th, 1970, of the Organizational Session of the Forty-first Legislature were read and approved as cor rected. KLEIN, Chairman. Report adopted. Presentation of Petitions, Resolutions and Memorials The following resolution was read at length by the Sec retary: S.C.R. 101 By ELLSWORTR (20) AND EVANS A CONCURRENT RESOLUTION Ratifying and adopting the Acts of the Organizational Session of the Forty-first Legislature. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, the Senate and House of Representatives of the Forty-first Legislature of the state of Idaho met
in Organizational Session on December 3, 4 and 5, 197( pursuant to law; and WHEREAS, certain resolutions and other acts wer voted upon and passed. NOW, THEREFORE, BE IT RESOLVED by the Sen ate, the House of Representatives concurring therek
that all appointments, payments, authorizations, rules
and all other acts passed upon by the Organizations Session of the Forty-first Legislature, are hereby ratified affirmed and adopted in the same manner as if they wer the acts of the First Regular Session of the Forty-firs Legislature. S.C.R. 101 was referred to the Tenth Order of Business Motions and Resolutions, and ordered held at the desk fo two legislative days. January 11, 1971. The JUDICIARY AND RULES Committee reports tha S.C.R. 101 and S.C.R. 102 of the Organizational Sessio: of the Forty-first Legislature were delivered to th Secretary of State at 2:30 o’clock p.m., on December 1970. KLEIN, Chairman. The President ordered the report filed in the office 0 the Secretary of the Senate. Motions and Resolutions Moved by Senator Kidwell, seconded by Senator Evam that all rules of the Senate interfering with the immediat consideration of S.C.R. 101 be suspended. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens Brassey, Browr Budge, Chase, Cobbs, Crookham, Crutcier, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, HigI Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mi Murphy, Peavey, Righy, Saxvik, olberg, Steen, Stoichefi Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. More than two-thirds having voted in the affirmativE the President declared the rules suspended and that S.C.F 101 was now before the Senate for consideration. Moved by Senator Kidwell, seconded by Senator Mi that S.C.R. 101 be adopted. The question being, “Shall S.C.R. 101 be adopted?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Browr Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ell worth (20), Ellsworth (30), Evans, Fredericksen, HigI Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mb Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoichefi Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. Whereupon the President declared S.C.R. 101 adopted. Title was approved and the resolution ordered transmil ted to the House. Moved by President Pro-Tempore Ellsworth, seconde by Senator Evans, that the Inaugural Address delivere by Governor Cecil D. Andrus on January 4, 1971, be sprea upon the pages of the Senate Journal. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brows Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Elk worth (20), Ellsworth (30), Evans, Fredericksen, Rig) —
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SENATE JOURNAL ildweil, Klein, Manley, Manning, Miller, Mitchell, Mix, lurphy, Peavey, Rigby. Saxvik, Solberg, Steen, Stoicheff, ummers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. Whereupon the President declared the motion passed. INAUGURAL ADDRESS Mr. Chief Justice; Governor Samuelson; Distinguished lembers of the Idaho Legislature; Reverend Clergy; My ellow Citizens: More than a century has passed since a courageous and of frontier legislators assembled near the confluence f two mighty rivers and established Idaho’s first gov rning body. It was at Lewiston in 1863 that Idaho began its quest or greatness. Today, 107 years later, we are still pursuing that origi al dream the dream that all men might find a good life a a most splendid state called Idaho. We must never lose sight of our early leaders’ coura eous goals. In 1971 we must continue to pursue that uest for greatness so that our accomplishments in the 970’s will be the bedrock of hope for our people in the 980’s and for all time to come. I. The Quality of Life for all in Idaho is our goal. Thereore, it is time to rise up and draw the guidelines for the uture. We must prepare now, more carefully than ever efore, to preserve and improve what is ours and ours lone. The Quality of Life has many meanings for our family f Idaho citizens. For some it is the comfort of faith in ur ability to cope with the problems of the day. For thers it is a responsive government or a relevant ducation. Quality of Life for many is the treasured resource of ilence abundant in our forests and along the shores f mountain lakes. By focusing our attention and ability in a positive vein, y recognizing the good and desiring to make the good etter, we can create a better life and a better state for daho and her wholesome people. —
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II. Although having passed the century mark in age and risdom, Idaho remains in its infancy and holds the poten Lal for social and economic maturity unmatched by those round us. While these are trying times for our people who want know what the future will bring and how they can in uence the course of events, we can face the future with mfidence IF IF we are willing to recognize that our trength as a unique community of people lies in our own iversity. We can be masters of our destiny IF we realize that mong us are men and women of many talents and that aose talents can be utilized for the betterment of all. We can face the coming years with understanding F we realize that diversity need not pit generation gainst generation, farmer against city dweller, region gainst region. And, we can work together in common cause IF we elieve that when one among us is in need, we are all in eed and when one among us succeeds, we all succeed. However, we must be patient to remake, to redesign and rebuild. All will not be done easily or quickly. Let us have the same spirit John F. Kennedy had in )61 when he faced the problems and the people and said: —
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All this will not be finished in the first 100 days. Nor will it be finished in the first 1,000 days, nor in the life of this administration, nor even per haps in our lifetime on this planet. But let us begin. III. Idaho is still a wilderness. It remains a magnificent por trait of the America our forefathers discovered and settled. Idaho still has land where no man has ventured, where no machine has left its ugly scar. Idaho has water so clear and air so pure they are but dreams in the minds of most men. We must take great pride in our natural wealth and heritage, but we must guard against letting this pride lull us into false complacency. We are independent people, we Idahoans, and we must remain independent to provide protection for our gentle surroundings. We can and must make certain that our natural resources are developed for the benefit of all in Idaho and in a way that our precious lands are not smeared, our air befouled and our water dirtied. We must recognize that we have not been as attentive as we should have been to the hazards of an industrial age. In part, our environment does show signs of blight. We could reflect on the days of the past when all was new, all was clean and all was unmarred by man. But this is not a time for looking back. We cannot begin anew with the traditional methods that have brought us to where we are today. I propose a new beginning. We must assemble a dedicated team to rewrite tra ditions, to redesign methods of achievement and to remake the ravaged lands we have so brutally abused. Iv. The decade of the seventies is a time to speak out and insist that the enemy within is not the young of America. Rather, the enemy is many things: mismanagement of government and resources, disease, poverty, inadequate education, shrinking employment and other ills that afflict our society. During the decade of the seventies we must address ourselves to what unites us rather than to what divides us. There are those who would tear down the state and nation, or more popularly, burn it down. Instead we must gather ourselves together to improve rather than destroy. If there is any burning to be done, let us burn the cliches that have kept us from each other, kept us from forming a grand alliance against empty pockets, empty stomachs and empty minds. I agree with a great Democrat, Thomas Jefferson, who said he liked the dreams of the future rather than the history of the past. V. We have now opened a new era with a cry for change. We have gone before the people and asked for their .iudg ment and their judgment has borne us out. Since the mark we place upon this state will endure a generation or more, the decade of the seventies can be a decade of rebirth. We can examine our government, our schools, our economy and ourselves. We can retain and make better the good and the sound. We can repair that which needs repairing and replace that which needs re placing. But, leadership is only half the answer. The Quality of Life in Idaho depends on you. If you want Quality, you will have it, for in the final analysis it is the people who must meet the challenge of the future. It is our people, together, who control the destiny of Idaho.
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VI. Today, as we stand together before God, our country and our state, let us pledge to undertake a mission of energy and courage to renew Idaho for ourselves and for our children. With guidance from the Almighty, with the spirit of youth and the insight of age, we can and we will face the future with hope rather than fear. At this time, a committee from the House of Repre sentatives consisting of Representatives Edwards, Hale and Johnson (35) reported to the President and members of the Senate that the House of Representatives was organized and ready to transact business. The President thanked the committee and asked that best wishes be conveyed to the Speaker and members of the House. On request by Senator Kidwell, granted by unanimous consent, the President appointed a committee consisting of Senators Bivens, Barker, Mix and Murphy to inform the House that the Senate is organized and ready to trans act business. On request by Senator Kidwell, granted by unanimous consent, the President appointed a committee consisting of Senators Evans, Kidwell, Crutcher and Yarbrough to notify the Governor that the Senate is now organized and ready to receive any communications. The committees appointed to wait upon the Governor and the House returned and reported that the Governor extended congratulations to the Senate and best wishes for a productive session and that the Speaker of the House sent best wishes to the President and members of the Senate. The President thanked and dismissed the committees. There being no objection, the Senate returned to the Ninth Order of Business. Messages from the House January 11, 1971. Mr. President: I transmit herewith H.C.R. 1 which has passed the House. FITZWATER, Chief Clerk. H.C.R. 1 was referred to the Tenth Order of Business. Motions and Resolutions The following Resolution was read at length by the Secretary: H.C.R. 1 By CRAPO AND WILLIAMS A CONCURRENT RESOLUTION Providing for a joint session of the House of Repre sentatives and the Senate of the Forty-first Session of the Legislature of the State of Idaho for the purpose of hearing a message from the Governor. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, the Governor has informed the House and the Senate that he desires to deliver a message to a joint session of the House of Representatives and the Senate in the chamber of the House of Representatives at 1 p.m. on Monday, January 11, 1971. NOW, THEREFORE. BE IT RESOLVED by the House of Representatives, the Senate concurring therein, that the Senate and the House of Representatives meet in joint session on Monday, January 11, 1971, at 1 p.m. for the purpose of hearing the message from the Governor. Moved by Senator Kidwell, seconded by Senator Evans, that all rules of the Senate interfering with the immediate consideration of H.C.R. 1 be suspended.
The question being, “Shall the motion pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown AYES Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. More than two-thirds having voted in the affirmativE the President declared the rules suspended and tha H.C.R. 1 was before the Senate for consideration. On motion by Senator Kidwell, seconded by Senato: Evans, H.C.R. 1 was adopted. Title was approved and the President ordered the Reso lution returned to the House. On request by President Pro-Tempore Ellsworth granted by unanimous consent, the President ordere that the changes and additions to the Rules and Regula tions of the various State Agencies be referred to tb germane committees of the Senate for their study am considerations as follows: BRAND BOARD to Agriculture Committee. ELECTRICAL BOARD to Labor and Economic Devel opment Committee. EMPLOYMENT BOARD to Labor and Economic De velopment Committee. BOARD OF EXAMINERS to State Affairs CommitteE HEALTH DEPARTMENT to Health, Education am Welfare Committee. HIGHWAY DEPARTMENT to Transportation Commit tee. INSPECTOR OF MINES to Resources Committee. PERSONNEL COMMISSION to State Affairs Commit tee. PUBLIC ASSISTANCE to Health, Education and We] fare Committee. PUBLIC LANDS to State Affairs Committee. PURCHASING AGENT to State Affairs Committee. SURPLUS PROPERTY to State Affairs Committee. TAX COMMISSION to Local Government and Taxatio: Committee. *
VETERANS ADMINISTRATION to Transportatioi Committee. At this time, a committee from the House of Repre sentatives consisting of Representatives McKinney, Lin coin and Tregoning reported to the President and mem bers of the Senate that the Speaker of the House sen his greetings and they were ready for the Joint Sessior The President thanked the committee and asked tha best wishes be conveyed to the Speaker and members o the House. On motion by Senator Kidwell, seconded by Senato Evans, the Senate recessed for the Joint Session in th House of Representatives Chambers to hear Governo Cecil D. Andrus’ State-of-the-State message. Joint Session Pursuant to H.R.C. 1, the Hour of 1:00 o’clock p.ir having arrived, the members of the Senate entered th House Chamber and met in Joint Session with Speake Lanting presiding. Roil call of the House showed 67 members preseni Absent and excused—Jenkins, Koch (19), Larsen. Total—s
SENATE JOURNAL Total—70. Roll call of the Senate showed all 35 members present. Moved by lIr. Crapo and seconded by Mr. Williams ;hat the Speaker appoint 3 committees of 4 senators and ‘epresentatives to wait upon the Governor, the Justices )f the Supreme Court and the Elected Officials and escort ;hem to the House Chamber. Motion carried. The Speaker appointed Senator Kidwell, Senator Evans, Representative Crapo and Representative Williams as the ommittee to wait upon the Governor and escort him to ;he Rouse Chamber. The Speaker appointed Senator Bivens, Senator Mix, Representative Snow and Representative Murphy to wait ipon and escort the Justices of the Supreme Court into ;he House Chamber. The Speaker appointed Senator Yarbrough, Senator rutcher, Representative Rice and Representative David on to wait upon and escort the Elected Officials into the Rouse Chamber. The committees were excused. The committees appointed by the Speaker escorted ;he Supreme Court Justices, the Elected Officials and the overnor to the House Chambers where they were pre ;ented to the Joint Session by the Speaker. His Excellency, the Governor of the State of Idaho, ecil P. Andrus, was introduced by the Speaker and the ollowing State of the State message was delivered by overnor Andrus: GOVERNOR’S MESSAGE TO THE FIRST REGULAR SESSION FORTY-FIRST LEGISLATURE OF IDAHO 1971 Mr. President, Mr. Speaker, Ladies and Gentlemen of he Forty-first Idaho Legislature: We are gathered here today to examine the path which ies before us at the outset of a journey which marks for rou the beginning of a new legislative session and for me he onset of a new administration as the 25th Governor of .daho. Our founding fathers wisely provided for these onvocations of the two separate branches of government ts testaments to the essential unity of government. Albough separate under law, let us never forget that we ire united in service to the people. May I begin by congratulating each of you on your lection. As one who served four terms among you, I ook forward to the renewal of many treasured acquaint inceships and the forging of new ones. I hope that I cay have the benefit of your wisdom and guidance rouT good will and your prayers as I take up the rave responsibilities which have been vested in me. For ny part, you have my promise of the respect and cooper tion to which your own responsibilities entitle you. —
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I. The State of the State Custom requires that I take this occasion to share with rou my views concerning the state of the State of Idaho, md offer my proposals for governmental action. It is ny duty to propose and yours to dispose. It is your duty o create fundamental policies for the state, mine to carry hem out. Together we share the joint responsibility of caking this a better Idaho. I am sure it will come as no surprise to you to be old we are in a period of anxiety and uncertainty, The vorld is in tension and our country continues in a war broad. It is a war that appears to be winding down, but t is a war nonetheless, and it continues to divert wealth nd attention from important tasks at home. Within its orders, the nation is beset by a variety of crises a risis in the cities, a crisis on our small farms, crises mong the races and, a crisis in the environment. Our ational economy staggers under the burden of 25 years —
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of continuous inflation compounded now by a deepening recession. Idaho is but a cork on these storm-tossed waters. We have been spared the burden of cities in flames and campuses in turmoil. But we, too, are the victims of simul taneous inflation and recession. We, too, have had to cope with the problem of mounting unemployment, particularly in the northern part of the state. And we, too, have had a taste of the spectre of environmental degradation. These problems have important implications for us in the coming months. The economic downturn alone poses a most serious threat to our financial stability and to our hopes of doing those things we would wish to do for our fellow citizens, and which ought to be done. Quite candidly, we are going to have to pull in our belts. We must put aside some of our dreams for a better day, a day which I hope will soon return. For now, we must sharpen our priorities, concentrat ing the resources and attention of government on pro grams which directly affect and help the people. If choose we must, we should choose school houses over educa tional conferences, farm loans over agricultural experi ment stations. The most urgent task which confronts us now is the surmounting of the threats we face: threats to our en vironment, to our economy, and to our social fabric. Al though Idaho is healthy and sound and relatively prosperous, the state of the state today gives no cause for contentment. But neither should it give rise to despair. Rather, it should give cause for concern, and for determination to meet the challenge which the times have imposed. All the signs suggest that our people are increasingly aware of the threat to their quality of life, and increasingly determined to safeguard and enhance that quality. To me, this is the best evidence of the fibre of our people. It is a sign that our future is bright, and that the state of our state is fundamentally good. Let us begin with an examination of the area in which our problems are most visible, and in which the need for action is most urgent. —
II. NATURAL RESOURCES 1. The State of the Environment In Idaho we have been richly endowed with natural resources and a clean environment. We have been free of the great pressures of population and industry that have degraded the environment of many of our sister states. But these pressures are now crowding in upon us with the growth of industry and population. We must face up to the growing threat to the quality of our air and water, our soil and landscape. Additionally, it has become more and more apparent that we are not meeting our full responsibilities in manage ment of our state lands and our fish and game resources. We lack well defined, coordinated management policies for the state agencies and departments having responsi bilities in these fields. As steps toward meeting these problems I suggest the following: 1) Continuance and expansion within the limit of our means of the program initiated a year ago which provides 25% state matching funds for construction of sewage treatment facilities. With the 50% federal match ing funds available, this permits our local communities to meet this problem with a minimum of local tax burden. 2) A stream protection law is urgently needed to mini mize damage to our streams. In recent years we have provided protection to a considerable degree against damage caused by dredging. But actually, we appear now to be faced with far greater damage from road construc tion, so-called flood control works and many strictly unauthorized stream channel alterations. Thus, hun dreds of miles of precious Idaho streams have been vir tually destroyed as producers of fish and for recreation, —
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and their flood control and irrigation capacity have been diminished. I urge that you consider and pass legislation that will provide adequate protection to prevent further loss of stream quality in Idaho. 3) Another serious problem is that posed by unregu lated open pit or surface mining. Mining represents one of our leading industries and contributes significantly to Idaho’s economy and tax base. And certainly the Idaho mining industry generally has shown, in recent years, a commendable concern and sense of responsibility in its attempts to carry on its task with a minimum of damage to other resources. Recognizing this, it is my feeling that we surely do not want to place any unnecessary problems in the path of our mining industry. But I think most of us have rec ognized the need for a more responsible approach on the part of the state government. This was evident when the second session of the 40th legislature created an interim committee to work on this problem. In keeping with the legislature’s concern in this matter, I urge consideration and enactment of legislation that will provide state supervision of surface mining operations de signed to ensure the greatest possible environmental pro tection. To accomplish this purpose I strongly urge that such legislation include the right of the state to deny a permit to mine where such mining would destroy a higher and better public use of the land resource. 4) The State Land Board has historically held the responsibility for management of state lands. I think it has become increasingly evident in recent years, with the growing complexity of government and the additional burdens now carried in the normal course of their duties by the elected state officials who make up this board, that they no longer have the time to devote to their land board responsibilities. I therefore suggest that a con stitutional amendment be considered to be placed before the people of the state of Idaho at the next general elec tion proposing the abolition of the State Land Board as a constitutional agency and that the state legislaure be empowered to create a board or commission of qualified persons to undertake the responsibility of directing the management of our state lands. 5) I am sure we all recognize that we are encountering pressures growing pressures on our big game resources from increasing numbers of hunters and pressure from declining habitat. As one step toward meeting this problem I suggest that you consider legislation to limit the number of out-of-state big game hunters. We must substantially reduce the number of out-of-state hunters without destroying the outfitter and guide industry. 6) We have other, and possibly more urgent problems, as custodians of our portion of this good earth, the air and the water problems such as coordinating the efforts of the several agencies involved in resource man agement so that they all work together with a minimum of duplication and wasted effort and a maximum of harmony and coordination. And we are certainly woefully deficient in our air and water pollution control programs. But, though these problems are urgent, I believe the solution is not a simple, easy one. I find, for example, no dominant organizational pattern that has proven particularly successful in other states. Indeed, many of our sister states all across the country are embarking now on new, different and untried paths aimed to solve these problems. Few of their approaches have really been fully tried and tested. I suggest, then, two steps: First, I will recommend appropriations sufficient to enable the Department of Health and the Air Pollution Control Commission to make a serious effort to enforce their respective duties in the control of air and water pollution and solid waste disposal. Second, I shall insist that department and agency heads involved in any action affecting natural resources manage ment and pollution control meet on a regular basis to —
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review and coordinate related activities. And, while tli actions of public agencies must always be open to scrutm by the public and the press, we intend to eliminate pubh relations positions wherever possible. There should Ii more state employees doing something to protect and er hance the environment, and fewer just talking about it—c worse, trying to cover up or explain away our deficiencie 2. Water During my administration, I intend to pursue th following policies related to water: 1) Continue progress towards the completion of comprehensive State Water Plan which will provide balanced use of water resources of our state for wil rivers, recreation, fish and wildlife, agriculture, municipi and industrial water supply, power, navigation and othE purposes. We must insure that all these uses recerc adequate consideration in planning for the disposition our water. This has not always been the case in recer years. 2) Support additional wild and scenic rivers in or state. 3) Guarantee that enforcement of state water qualit standards is pursued to clean up our polluted waters and guarantee that the pure streams that we now have r main in that condition. We must establish minimum flo’ rates on Idaho streams and rivers, sufficient to suppoi aquatic life, protect water quality and preserve scen and recreational values. 4) Support water resource development when there a demonstrated need and where such developments d not adversely affect anadromous fish runs or streai fishery and aesthetic resources. 3. Hells Canyon Among the many extraordinary features of our stal is Hells Canyon. If the time ever comes that circumstancE and political pressures produce further impoundment the waters of that canyon, then this administration wi hold with the Idaho Water Resource Board that Idal must share in the return from that development. If a Idaho asset must be exploited, then Idaho must benefi However, it is far from clear that Idaho’s most ceb brated canyon must be sacrificed. Indeed, it appears i this point that Hells Canyon would better serve ti Idaho sportsman and the Idaho tourist industry as it he always served naturally and beautifully, untouchc by all but the hand of God. But we can as reasonable men and women recognii that we still lack the perspective and thus the judi ment to say with finality what should be the ultimal use of the canyon. Until our perspective is greatly in proved we must not rush to judgment. We must yield I the compromise fashioned by Idaho’s distinguished U. Senators and give our unqualified support to the feden legislation proposed by Senators Church and Jorda The Church-Jordan eight-year moratorium on Midd Snake River development is clearly in the best intere now of all Idahoans. It will have the unreserved backin of this administration. 4. The White Clouds No single issue has done more to awaken our peop to the threat to the quality of their environment the the proposed despoilation of Idaho’s magnificent Whi Clouds range through the open-pit mining of molybdenur a mineral which is in plentiful supply. I pledge the r sources of this office and this administration to the defen of the White Clouds and all other scenic treasures life quality from such ravage. The Idaho congre sional delegation will have my full support for its effor to gain establishments of a White Clouds National Pai and Recreation Area. III. HUMAN RESOURCES 1. Priorities I have spoken of the need to protect the quality of ot —
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SENATE JOURNAL iatural resources our air and water, our soil and land cape, the fish and wildlife and magnificent scenery vhich make up the special quality of living we enjoy in daho. Now let us consider another resource the pee )le themselves. Ours will be an administration in which the protec ion and development of human resources shall have rst priority. Government can have no higher function ham service to the people. To this end, I invite you to oin with me in addressing ourselves to these priorities: 1) High quality health care services readily available o all with emphasis on prevention of disease or defect, ure if possible, and rehabilitation to a productive life. 2) Every child a healthy child, with a right to being cell born. 3) An environment that is physically and aesthetically leasing at work, in the home, or at play. 4) Every individual provided with an education that ncourages the development of his greatest capacity as productive person. 5) Full opportunity to work in a free enterprise sys em, in a situation that recognizes the worth of each ndividual and provides adequate compensation for the cork performed. 2. Techniques Let us bring the power and, if you will, the majesty f government to bear on the organization and admims ration of human resource services in ways which truly erve the people. 1) By grouping human resource services in regional enters so that all residents have ready access to all Luman resource services locally on a “one-door” basis. 2) Through consolidation of similar or related services rto single functional service units. For example, services o children presently offered locally by four divisions of he State Health Department could be consolidated at the )cal service level in one facility and be provided by one onsolidated staff rather than four sets of “divisional” pecialists. 3) Through interagency planning for the conservation f human resources. Let us repeal the law creating the nterdepartmental committee on children and youth or ake the necessary statutory or administrative steps to iake it work! Interagency planning for human resources hould include all people, not just children. Such changes can be effected for the most part within urrent statutory limits and current budgetary struc ures. There is much we can do in this area to make our ollars stretch further through the elimination of over pping facilities and unnecessary inter-office communi ation. Certainly we can save the time, the money and he patience of the people by tailoring and consolidating ervices to fit their needs. In time, I shall be presenting proposals for the re rganization and modernization of Idaho’s social services n a broader scale. But until our priorities are clearer nd our means more ample, I see nothing to be gained i reorganization just for the sake of reorganizing. As etronius Arbiter remarked in the year 66 A.D.: “It seems that every time we were beginning to form p into teams, we would be reorganized. I was to learn iat later in life we tend to meet any new situation by organizing and a wonderful method it can be for renting the illusion of progress while producirg con ision, inefficiency, and demoralization.” —
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3. Education In this decade we are entering, changes in our educa onal system will be inevitable and I think mostly r the good. Our task is clear to take the most prom ing change, shape it, refine it and blend it with the —
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traditional to produce a new quality of excellence which will serve today’s children who will be the adults of a greatly changed tomorrow. Where should our educational priorities be centered? Early childhood elementary, secondary, vocationaltechnical, undergraduate or education in the adult years? All are necessary none can be ignored, We must make the decision at what point in a young life do we have the greatest responsibility as parents and taxpayers. At age 5 or age 20? I believe it is age 5. Our most pressing need now one which can no longer be denied is for establishment of a state-wide, state funded system of public kindergartens. I propose that such a program be implemented in the next school year. With a proper adjust ment of spending priorities we can have a statewide kin dergarten program without diluting the quality of existing school programs and with no increase in taxes. Under legislation now being prepared for your con sideration, it would not be mandatory for any school district to implement the kindergarten program. Nor would it be mandatory for any child to enroll, I would suggest that if you see fit to fund this program, the monies for kindergartens be set aside for the first year or two, so that any left over could be redistributed to all school districts at the end of the year under the state formula. Such provisions will insure the flexibility to meet varying conditions in Idaho’s school districts. In taking this long-needed step, we will immeasurably enrich the equality of educational opportunity which is the birthright of every Idaho child. You will also be receiving specific recommendations from me with respect to the strengthening of our public schools in other areas. These will include: 1) Allocations of more state sales tax money to edu cation, to increase state support of all levels of education, and help reduce the property tax burden at the local level. 2) Expanded programs of state-supported vocational education, to provide job training for many of Idaho’s young people who are out of school and out of work. 3) The strengthening of special education and voca tional rehabilitation programs for the physically and mentally handicapped. 4) Enactment of legislation, along lines proposed by the Idaho Tiustees Association and the State Depart ment of Education, permitting school districts to estab lish cooperative service units extending beyond school district linD. By pooling their resources in this way, our schools would be better able to offer such educational services as school health programs, vocational courses, manpower development, adult education training, re habilitation services, and employment or placement serv ices coupled with counseling programs. Idaho school funds distribution formula should be redrafted to give all districts a fairer share of state funds. In higher education, this administration will continue t9 build, with your help, on the strong foundation that has been laid at our state universities and colleges, —
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5. Health and Welfare In public health, I ask your continued support for a number of undertakings which show promise of helping our people in useful ways. These include: 1) Efforts by the Department of Health to decentralize the mental health, mental retardation and other health care programs to regional locations easily accessible to the people. 2) Efforts by the Board of Health to increase preven tive and treatment services at the regional level for per sons with alcohol and drug abuse problems. 3) Efforts by the Idaho Medical Association and the Idaho Nurses Association to amend their respective prac
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tices acts in order to permit the utilization of various kinds of assistance, thus, relieving in some part the critical health manpower shortages. We are negotiating with the Robert F. Kennedy Foundation in Washington, D.C. for assistance in developing a pilot para-profes sional medical service corps in Idaho. We hope to enlist the help of other private and public agencies in providing better medical service at lower costs. 4) Efforts to provide comprehensive mental health services to dangerously mentally ill offenders and dan gerously mentally ill prisoners, as well as the provision of mental health and rehabilitative services to all offenders. 5) Efforts by the Board of Health and other agencies to insure that migrant and other farm laborers have adequate housing and ready access to needed health care and preventive services. We must rebuild and revitalize the Department of Public Assistance and organize it on a professional basis. We should make tax adjustments at the state level to relieve the child care expenses of the working mother. We should require all counties in Idaho to participate in the federal food stamp or commodities distribution pro gram. In public welfare, our programs should be guided by a humanitarian concern for those in need and by a determination to help people help themselves. 6. Senior Citizens As a government and as a society we must avail our selves of the wisdom and experience of those among our citizenry who have reached the golden years. I invite you to join with me in a “golden age” program to accom plish this. For my part, I intend to make fuller use of our senior citizens in positions of responsibility, and I shall be encouraging private industry to do the same. 7. Women’s Programs The Commission on Women’s Programs, established by the 40th Legislature to enhance the economic and politi cal status for women in our society, will have my interest and support. The elimination of discrimination based on sex will have a high priority in this adminstraton. 8. Human Rights The 40th Legislature made a commendable start to ward attacking racial discrimination in Idaho through establishment of the Idaho Commission on Human Rights. It is my intention to strengthen the commission through my appointive powers and by encouraging a vigorous search for federal funding that will permit the staffing which the commission needs for more effective investi gative work. 9. Law Enforcement State and local law enforcement departments shall have my unstinted support for their difficult and often thank less task of keeping the peace. I draw your attention to the continuing problem of drunk driving on our high ways a contributing factor in almost half of all fatal accidents. The drunk drivers shall have no mercy from my administration. Neither should we be lenient with those who traffic in the misery of others through the illegal sale of narcotics and other dangerous drugs. They should be prosecuted to the limit of the law. I would point out, however, that there are wide differences among these substances as to their nature, effects and usage. Our need now is not for stricter laws, but for education and treatment programs which will provide a more last ing answer to the problems of drug abuse. In any event, it will be incumbent upon you to make appropriate changes in Idaho’s drug laws so that the state will be in harmony with new federal legislation which takes effect on May 1, 1971. 10. Traffic Safety As we move into the new year, Idaho will make a con certed effort in its highway safety program to reduce the menace of drunk drivers. The Idaho Traffic Safety Com —
mission has received approval from the regional offici of the National Highway Safety Bureau of its applica tion for a three-year, $2 million grant to implement thi program. IV. THE PRIVATE SECTOR In its relations with the citizens in the conduct of thel: private lives their businesses and trades, their liveli hoods and their associations with one another it i my belief that government should play the role of a interested and helpful partner. That is the role which thi administration shall play, acting where it can to in crease the common good, stepping in where it must ti protect the public interest. There is much that govern ment can do and more that it should be doing t promote a more abundant life for all, and a just shari for each. 1. Consumer Affairs This administration will be a friend to the business man. But it will be a friend, first to the consumer. Both the honest merchant and the consumer deservi more spirited protection against the shady busines operator. The consumer deserves value received on hi purchase of goods and services. And the overwhelmingl3 ethical majority of merchants must have their reputa. tions protected from the actions of the few thshones operators whose shoddy image rubs off so unjustly 0! everyone else in business. Accordingly, I have consulted with the attorney general and he has agreed that his office stands ready to screen th reports of consumers and merchants on dishonest an deceitful business practices. Henceforth, any Idahoan who becomes aware of ai unethical operator or of misrepresented goods and service should know that the attorney general stands ready tc screen the complaint and bring to bear the responsibh pressure of his office. 2. Agriculture The state commissioner of agriculture has one of tin most difficult jobs in state government, simply becaus Idaho has been blessed with such a diversity of crops. No one man can be fully familiar with the needs o: each commodity, yet the state commissioner of agricul ture must be. This administration will expect him to in an aggressive advocate of the Idaho farmer. Each rail road rate hearing, electric rate hearing and federal con gressional hearing on the subject will be considered command performance for the new commissioner ol agriculture. Moreover, his office will be available to assis: growers and processors when they feel his influence wil be of help in their negotiations. The financial distress of our small farmers reflects tc a considerable degree their deteriorating position in thi market place, their inability without effective organi zation to gain a fair price for their produce. Oui agriculture department should be more helpful to then in this regard and if laws are needed they should in supplied. 3. Labor The state commissioner of labor must be more that the administrator of the details that come across be desk. This department must become the outgoing champior of the working men and women of Idaho. The commis sioner of labor must represent the rank and file worke to the federal government. He must be aggressively aleri to their safety on the job. He must he the protector oi their rights and the advocate of their needs. For the sake of all Idaho, he also must be alert tc threatened ruptures in labor peace. His fair and well informed influence must be felt before the breakdown, nol after a strike has occurred. It is possible for this OnE state office to promote calm and equitable agreemeni through the collective bargaining process without unduly interfering in that process. —
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SENATE JOURNAL The labor office of the State of Idaho has been too assive. It will become active under this administration. We shall be submitting proposals for realistic workian’s compensation benefits that reflect the current costs f living. Also needed, in my judgment, is a new state iinimum wage law to conform with federal standards. To so-called “right-to-work” law will have my approval. 4. Highways and Communications We Idahoans have learned to live with an unmanageable eography. North and South Idaho are two distinct areas, eparated by distances, rugged mountains and deep can ‘ons. But there is much we can do despite these physical arriers to knit ourselves together. Progress has been too slow in bridging North and outh Idaho with an improved highway. The “goat trail” f the past must become the expressway of the future. Southwestern, Central and Eastern Idaho are welded ogether by an interstate and primary road systems. here is no highway communications gap across the Snake iver Plain. Nor should there be a gap between North ad South. With your help, I shall do all in my power to lose it on both sides of the state. Similarly, I invite you to join with me in hastening he day when all Idaho will be linked by educational tele ision. Plans already are well advanced for a TV net rork which will connect Idaho State University, Boise tate College, and the University of Idaho. V. QUALITY IN GOVERNMENT It will be the goal of this administration to provide quality of government in keeping with the quality of fe we seek to protect and enhance for all Idahoans. In •overning, we shall be mindful of the trust which was rivested in us by the people, prudent with their tax dollars, air and humble in the exercise of this power that has een bestowed upon us. The people deserve the very best a government, and that is what we shall strive to proide not only in our conduct of the business of the tate of Idaho, but also in the example we show to others. et us look first at opportunities for better government rhich are already open to us. —
1. State and Local Cooperation This agricultural state is quite familiar with the concept f neighborly cooperation. But for too long now, this riendly practice has been resisted in much of state and ical government. There are far more state agencies than we really need. md, to be candid, there are far too many duplicating, xpensive, property tax-guzzling units of local govern lent. This office will work towards legislation for 1972 dealing rith the preposterous proliferation of state departments, gencies and commissions. In addition, it is my personal onviction that the taxpayer deserves a better break ban to foot the bill for continued duplication among nits of local government. Even if more consolidation could not be achieved in his state, cooperation is still possible. Indeed, it is essen ml if we are to begin easing the upward pressure on the roperty tax. It is still possible, without one single con olidation, to work together on government services nd do it at a savings to everyone. Thanks to forward-looking legislatures, Idaho has a road and progressive body of law that permits almost nhmited cooperation among units of government. The aw is relatively recent, but it is now legally possible for eighboring taxing districts to contract jointly for goods, ervices, and personnel. In many cases, they can do together what they now ave a tendency to do separately whether that be to onstruct a city-county building, operate a city-county chool district vehicle repair shop or simply purchase one
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road grader for adjoining units of government that each need a road grader only half time. Fortunately, this is one rare instance where more legis lation is not required. However, I do solicit your coopera tion and leadership in raising the cry at the local level for more attention to a progressive body of law that can serve us well if we find the will to use it. 2. Local Autonomy Whenever it is in our power to strengthen local gov ernment, we should do so. The 1969 law limiting annual property tax increases of local subdivisions of government to four per cent should be repealed. The fiscal control and responsibility of these local units of government cities, counties, school districts and others can be restored only by the repeal of this law. If the elected officials of cities and counties are not fiscally responsible, the people have a method of redress the ballot box. 3. Constitutional Revision However noble the aims of government may be, it is clear that in Idaho we work with imperfect tools. The basic law handed down to us by our forefathers more than 80 years ago has become a patchwork document poorly suited in many areas to our present day needs. As we all know, a revised constitution was drafted by a panel of distinguished citizens, overwhelmingly approved by both of your chambers, and submitted to the voters last year. The voters rejected it. Obviously, it had some features which our citizens were not prepared to accept. Consequently, the entire document fell. While I accept and do not challenge the verdict of last November, I can not beliee that this fully expresses the voters’ final judgment on the matter. I believe that the citizens de serve and will support a significant measure of con stitutional revision. Consequently, I am returning the proposed new constitution to you for further considera tion, with the recommendation that you make what changes you deem proper in the light of the electorate’s manifest reservations, and submit it once again to a vote of the people. 4. Uniform Accounting System An eight-volume report detailing recommendations for a uniform accounting system is available for your perusal. The report resulted from deliberations of the Uniform Accounting and Data Processing Committee created by the 40th Legislature and cost approximately $300,000. It is my suggestion that this report be implemented by steps and at a pace proposed by the legislature. The implementation should be made within the office of state auditor and in accordance with his constitutional duties. The report points the way toward modern and efficient government. 5. Civil Defense We can achieve a modest saving, without loss of service, by dissolving the state civil defense office and absorbing its functions within the office of the Idaho Adjutant Gen eral. I shall ask for the statutory authority to do this. 6. Uniform Probate Code We can better serve the citizens, if not the govern ment, by adopting a uniform code for the probating of estates. This will continue a modernization process which was begun in the last session. Appropriate legislation is being prepared for your consideration. 7, Staff Reductions By trimming here and streamlining there we can re alize substantial savings. But, beyond that, there is much we can do to trim the sails of our ship of state without impeding her progress. Through a process of controlled attrition, we shall soon begin a substantial cutback in the number of state employees. This is a necessary eco nomic move. We now have nearly 12,000 men and women on the state payrolls with additional members under con—
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tract to the State of Idaho. There will be no mass lay offa. And no dedicated worker in our state government need fear for his job. Our intent is not to hurt morale but to help. In this connection, I intend to support the salary raises proposed by the Idaho Personnel Commis sion particularly for employees in the lower salary brackets. Some of our state workers are paid so poorly that they are eligible for public assistance. We cannot allow such a condition to continue. I shall insist that our state emloyees be dealt with fairly. And I hope that they will be fair with us, and that our efforts to move the state forward will not be impaired by the “passive sabotage” of those who do not contribute their best efforts. This cut back, amounting to perhaps 10% of the workforce over the next year, can be accomplished by controlled attrition and normal retirement in a fairly short period. Out of state travel will have to be cut to the bare minimum. Job classification and control will be a must in all departments. 8. Inventory Tax Replacement I shall be proposing methods by which we may fairly meet the financial demands on government. Since the inventory tax phase out law went into effect in 1968, it has been consuming much of the annual in crease in revenue from the sales tax. In the current year approximately $6.5 million will be diverted to local government for inventory tax replacement 15 per cent of the sales tax revenue. In the next fiscal year the diver sion is scheduled to rise to 20 per cent. I recommend that you amend the law to limit the diversion to 15 per cent, while completing the phase out of the inventory tax. This would leave an additional $2.3 million available for the state general fund in the next year. It would still give local governments $7 million for inventory tax replacement. This is about $1 million more than the total amount of inventory tax revenue they were collecting when this law was enacted. Even with the diversion limited to 15 per cent, revenue available to local government for inventory replacement should in crease by more than $400,000 in the next year. Sales tax revenue has increased faster than antici pated when the law was enacted. To go beyond actual replacement of local revenue means redistributing the peoples’ sales tax dollars to local governments on the basis of their inventories which do not always corres pond to their real needs. In addition, the formula is based on inventory levels of 1965-67, a fixed base that does not reflect current population levels. Some of these same dollars would be going back to the local level for the pub [Ic schools, but on the basis of a distribution formula that is fairer to the taxpayers. —
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9. Property Tax Relief People are concerned about property taxes and rightly so. The property tax is regressive it pays no respect to a person’s ability to pay. In the past few years are have been shifting part of the tax burden from some f those who are best able to pay, to those who are least able to pay. The 1965 property tax equalization law, and the subsequent decision to reduce property taxes on utilities, have meant shifting a bigger tax burden to home owners and farmers. While property tax relief has been given to inventory taxpayers and to utilities, the widow on a rixed income with a modest home has seen her tax bill increasing. There is no true “equalization” when taxes are reduced or some with a good income and increased for others with nodest, fixed incomes and modest means. For the property ;axpayer with too little income, equalization means ‘aising his tax bill for the benefit of someone who is aetter able to pay. —
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I recommend that you submit to the voters a constitu. tional amendment that would eliminate the requirement for equal assessment of all classes of property. The people should have the opportunity to consider this question. If the voters approve, it would be possible to tax a home at a lesser rate than income property. It would be pos sible to recognize that some property should be taxed at a lesser rate because it produces no income for the owner, VI. The Body Politic We are a representative form of government. As stewards of that government we must maintain it as a faithful reflection of its consistuency. The courts of thE land have made it clear in recent years that we can ignore this responsibility only at our peril. Population shifts which have occurred over the past decade, and which were manifested by the 1970 census, make it evident that our representative institutions are no longer truly repre sentative within the meaning of the United States Su preme Court’s one man—one vote rule. Consequently, it will be your duty to restore the necessary balance. I trust that you will approach this responsibility withoul succumbing to the ever-present temptation of partisan ship. I stand ready to help you in every way possible. 1. Congressional Redistricting Since the most recent division of our state into two congressional districts, in 1966, the population pendulum has swung heavily from the 2nd Congressional District to the 1st, so that now the one district exceeds the other in population by more than 100,000. Clearly, a redress ol the balance is needed. My suggestion is that you achieve rough parity of population by splitting Ada County be tween the two districts and return Elmore County to the 2nd District. This would restore the balance, maintain the geographic integrity of both districts and secure the additional benefit of giving both congressional repre sentatives a point of reference in the county which con tains Idaho’s seat of government. 2. The Political Parties Our present system of nominating candidates for state and federal office and selecting delegates to the national convention of our major political parties is not in conformity with the principle of one man-one vote. Accordingly, legislation must be enacted to afford each citizen equal participation in the elective process. You have my pledge to work for freer and more open participation by all interested persons in the party pro cess. Participation in the party process is in fact parti cipation in the process of government. 3. Electoral Reform You must also consider extension of the voting fran chise to 18-, 19-, and 20-year olds through an amendment to the state constitution. We are now faced with a situa tion in which these younger residents may vote for President, Senator, and U.S. Representative because of a federal franchise extension which was recently affirmed by the U.S. Supreme Court; but not for state and local offices. Common sense and a confidence in the judgment of young people suggest to me that extension of the franchise across the board would be the best course. I suggest that a special election for ratification of the amendment be held in November, 1971. 4. Legislative Succession It will be my policy as Governor to fill vacancies in the Idaho Legislature by selecting successors from the same political party to which the former office holder belonged. It is my feeling that, where the legislature is concerned, accidents of death or resignation should not be allowed to thwart the political preferences of the elec torate. I would be receptive to any move on your part to give statutory expression to the policy. VII. CONCLUSION And now, ladies and gentlemen of the 41st Legislature, let us proceed to the task at hand. When I took the
January 12]
SENATE JOURNAL )ath of office as the 25th Governor of Idaho, one week igo, I spoke of a quality of life which is ours to achieve, )urs to protect and defend, ours to hold and enhance, mrs to pass on to our children and their children’s chil Iren. Today I have suggested the means by which we a nay attain and enlarge upon that quality of life uality in our environment, a quality in our people, a uality in our government. Let quality be our standard. &nd let us strive to be remembered in later years not ;o much for the quantity of our achievements as for its uality. Let us hope it will be said of us that we played part in improving the quality of life which future enerations will enjoy and hold in equally high regard. Poward the attainment of that goal I pledge to you my best efforts. rnd to the people of Idaho Thank you. —CECIL D. ANDRUS Andrus, The committee thanked Governor The Speaker tame forward and escorted him to his office and was, on ts return, thanked and discharged by the Speaker. The Committee escorted the Justices of the Supreme Dourt to their Chamber, and was, on its return, thanked md discharged by the Speaker. The Committee escorted the Elected Officials to their )ffices, and was, on its return, thanked and discharged y the Speaker. Moved by Mr. Crapo and seconded by Mr. Williams that 30th the Inaugural Address and the State of the State nessage of the Governor be printed in both the House md the Senate Journals and that 200 extra copies be made or statewide distribution. The question being, “Shall the motion pass?” Roll call of the House resulted as follows: Allen, Andersen, Antone, Arnzen, Brennan, AYES Brocke, Cammack, Carr, Chatburn, Claiborn, Condie, Dopple, Crapo, Danielson, Davidson, Dean, Dunn, Edwards, lgin, Farner, Fogg, Greenawalt, Haakenson, Hale, Ham nond, Hartvigsen, Hedges, Hedlund, Hyde, Jackson, John ;on (29), Johnson (35), Keithly, Kendall, Kennevick, Koch (17), Kraus, Lincoln, Little, Litton, Looney, Loveless, i/Iaynard, McDermott, McHan, McKinney, Merrill, Moly laux, Murphy. Onweiler, Palmer, Ravenscroft, Reardon, Eeid, Rice, Roberts, Scoresby, Sessions, Snow, Sweeney, Uibbitts, Tregoning, Wagner, White, Williams. Total—65. NAYS—None. Jenkins, Koch (19), Larsen, Absent and excused Looney, Ravenscroft. Total—5. Total—70. Roll call of the Senate showed all 35 members voting ‘ye. Motion carried and it was so ordered. Moved by Mr. Crapo and seconded by Mr. Williams that he Joint Session be dissolved. Motion carried. The committee escorted the Senate from the House 3hamber. The Senate reconvened at 2:10 o’clock p.m., pursuant :o the Joint Session, President Murphy presiding. Roll call showed all members present. Prior to the Joint Session the Senate was at the Fif :eenth Order of Business. Miscellaneous Business On motion by President Pro-Tempore, Ellsworth, sec )nded by Senator Evans, the Senate adjourned until 10:00 a.m., Tuesday, January 12, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary. —
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SECOND LEGISLATIVE DAY TUESDAY, JANUARY 12, 1971 Senate Chamber, Boise, Idaho, January 12, 1971. President Murphy called the Senate to order at 10:00 o’clock a.m. Roll call showed all members present. The following prayer was offered by Reverend Dennis Bixler: Again, we come into Thy Eternal Presence to ask your richest blessing upon each of these Senators who stand before Thee. As they look forward to the business at hand, give them courage for decision, wisdom for uncertainties, calmness for the times of stress. Grant them their wish, Father, that this will be the most productive session the State Legislature has ever had. When their bodies become tired, when the press of deci sions bring frustrations, may the knowledge that You are present within this chamber bring calmness and clarity to each of them. Today we place them in Your care, keeping and guid ance. In the Name of Christ. Amen. Messages from the House January 11, 1971. Mr. President: I return herewith S.C.R. 101 which has passed the House. FITZWATER, Chief Clerk. S.C.R. 101 was referred to Judiciary and Rules Com mittee for enrolling. Introduction, First Reading and Reference of Bills S. 1001 By MITCHELL AN ACT Amending Chapter 70, Title 18, Idaho Code, by adding a new section to be designated as Section 18-7032, Idaho Code, prohibiting any malicious attempt to open or open ing of any coin or depository box; and repealing Section 62-703, Idaho Code. S. 1002 By AGRICULTURAL AFFAIRS COMMITTEE AN ACT Amending Section 37-1915, Idaho Code, which relates to exemptions from continuous inspection of animals for slaughter and meat; to provide an exemption for game animals; to provide for addition of the words “horses, mules or other equines”; providing for addition of the words “at the request of”, and striking the words “de livered by”; providing that the section relates to establishments and to mobile units; striking the pro vision that custom operators cannot buy or sell meat; providing that custom slaughtered carcasses, meat and meat food products to be used by the owner thereof, or his household, and/or nonpaying guests or employees, may be processed in inspected establishments under regu lations to assure separation of custom slaughter or custom processing from products which are to be offered for sale, and to insure identification, proper labels, and sani tation; providing that the Commissioner of Agriculture may adopt regulations to carry out this section, and that he may exempt inspected establishments from inspection
[January 13
SENATE JOURNAL
as to animals, meat, or meat food products, slaughtered or prepared on a custom basis; and providing for construc tion of the section in harmony with the Federal Whole some Meat Act; and declaring an emergency. S. 1001 was introduced, read the first time at length, and referred to the Judiciary and Rules Committee for study. S. 1002 was introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing. Miscellaneous Business At this time, Senator Kidwe1l announced a distinguished visitor had arrived and the President directed President Pro-Tempore Ellsworth and Senator Evans to escort the Honorable Orval Hansen to the rostrum, who was then greeted with a standing ovation. Congressman Hansen delivered a few remarks to the members and guests of the Senate. The President thanked the Congressman and President Pro-Tempore Ellsworth and Senator Evans escorted him from the Chamber. On motion by President Pro-Tempore Ellsworth, sec onded by Senator Evans, the Senate recessed until 1:30 o’clock, p.m. of this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock. p.m. pursuant to recess, President Murphy presiding. Roll call showed all members present. Prior to recess the Senate was at the Fifteenth Order of Business. There being no objection, the Senate returned to the Third Order of Business. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Monday, January 11, 1971, was read and approved as corrected. KLEIN, Chairman. Report adopted. Messages from the House January 12, 1971. Mr. President: I transmit herewith Enrolled H.C.R. 1 which has been signed by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign Enrolled n.C.R. 1 and, when so signed, ordered it returned to the House. Miscellaneous Business On motion by Senator Bivens, seconded by Senator Crutcher, the Senate adjourned until 10:00 o’clock n.m., Wednesday, January 13, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
THIRD LEGISLATIVE DAY WEDNESDAY, JANUARY 13, 1971 Senate Chamber, Boise, Idaho, January 13, 1971. President Murphy called the Senate to order at 10:00 o’clock n.m.
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Roll call showed all members present. The following prayer was offered by Reverend Denni Bixier: Our Eternal God and Father. again we stand before Yoi knowing that each of us are the objects of Your unfailini love, and Your never-ending care. For this we are mos thankful. Our Father, on behalf of the citizens of this grea State, I would thank Thee for these deeply dedicate men and women who as Senators are willing to make al personal sacrifices needed that they might labor togethe: in the democratic processes to help Thee guide this Stat in such troubled times. Grant each of them, Father, sufficient wisdom that to gether they may be used of Thee to help usher this Stati through the very trying, complex days of this century. May their strength come from not only knowing them selves, and knowing the problems they face, but also be cause they know Thee. Put your arms of strength and love about them, mdi
vidually and collectively, throughout this day. In the Name of Christ, Amen.
Presentation of Petitions, Resolutions and Memorials The following resolution was read at length by th Secretary: S.C.R. 102 By BIVENS AND MIX A CONCURRENT RESOLUTION Fixing the salaries of the employees of the First Regu lar Session of the Forty-first Idaho Legislature. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, Sections 67-601, 67-602 and 67-608 of th Idaho Code provide that the comnensation of the em ployees of the Senate and the House of Representative shall be fixed by concurrent resolution of the Senate am House; and WHEREAS, it is the desire of the Senate and the Houn of Representatives, by this concurrent resolution to fix th compensation of the employees of the First Regular Ses sion of the Forty-first Legislature. NOW, THEREFORE, BE IT RESOLVED by the Senate the House of Representatives concurring therein, that thi compensation of the various officers of the Senate am House of Representatives of the First Regu1ar Sessioi of the Forty-first Idaho Legislature be fixed as follows: $35.00 per da Secretary of the Senate Chief Clerk and Parliamentarian $35.00 per da: Assistant Secretary of the Senate $30.00 per da $30.00 per da Assistant Chief Clerk Assistants to President and Speaker $30.00 per da $30.00 per da Assistant to President Pro-Tempore $25.00 per da Receptionist to the President $25.00 per da Secretary to the Speaker Secretaries to Floor Leadership $25.00 per da Sergeant at Arms $27.50 per da: Assistant Sergeant at Arms $22.50 per da $27.50 per da; Docket Clerks Journal Clerks $27.50 per da; Secretaries to Chief Clerk and Secretary of the Senate $22.50 per da; Chaplains $10.00 per da; Attorneys $40.00 per da; Public Information Officer $25.00 per da; Secretary to Revenue and Taxation $25.00 per da; Secretary to Appropriation & Finance $27.50 per da; Secretaries to Attorneys $22.50 per da; Committee Secretaries $22.50 per da; Secretaries to Minority Party $22.50 per da; MTST Administrator $30.00 per da; .
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SENATE JOURNAL $27.50 per day MTST Bill Preparation Supervisor $27.50 per day MTST Administrative Supervisor $25.00 per day MTST Machine Operators $25.00 per day Daily Data Night Programmer $22.50 per day MTST Duplicator Operator $17.50 per day MTST Receptionist $17.50 per day Xerox Operators $15.00 per day Assistant Xerox Operators $22.50 per day Proof Readers $15.00 per day Mail Clerks $15.00 per day Information Clerks $15.00 per day Door Keepers $17.50 per day Janitors $17.50 per day Receptionist $17.50 per day Hostesses $15.00 per day Assistant Hostess $12.00 per day Pages and Messengers $15.00 per day Gallery Receptionist S.C.R. 102 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the desk for two legislative days. Report of Standing Committees January 13, 1971. reports Committee RULES AND JUDICIARY The that S.C.R. 101 has been correctly enrolled. KLEIN, Chairman. sign S.C.R. to was about he announced President The 101 and, when so signed, ordered it transmitted to the House of Representatives for the signature of the Speaker. Motions and Resolutions Moved by Senator Kidwell, seconded by Senator Evans, that all rules of the Senate interfering with the im mediate consideration of S.C.R. 102 be suspended. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, $olberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. More than two-thirds having voted in the affirmative, the President declared the rules suspended and that S.C.R. 102 was now before the Senate for consideration. Moved by Senator Bivens, seconded by Senator Mix that S.C.R. 102 be adopted. The question being, “Shall S.C.R. 102 be adopted?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35.. Whereupon the President declared S.C.R. 102 adopted. Title was approved and the Resolution ordered trans mitted to the House. Introduction, First Reading and Reference of Bills S. 1003 By JUDICIARY AND RULES COMMITTEE AN ACT Relating to ad valorem taxation, exempting from ad
January 13)
valorem taxation newly constructed improvements dur ing the tax year when completed and the succeeding tax year. S. 1004 By JUDICIARY AND RULES COMMITTEE AN ACT Relating to elections, stating the purpose of the Act; amending Chapter 7, Title 34, Idaho Code, by adding a new Section 34-703, Idaho Code, providing that candidates for offices be nominated at Primary Conventions; adding a new Section 34-704, Idaho Code, providing that persons entitled to become a candidate file Declarations of Can didacy and Party Affiliation or as an Independent; add ing a new Section 34-705, Idaho Code, providing that candidates for County or Precinct offices file Declara tions of Candidacy with the County Cle:k and that can didates for State and Federal offices file their Declara tions of Candidacy with the Secretary of State; adding a new Section 34-706, Idaho Code, providing that the County Clerks shall certify candidacies to respective coun ty party central committees, that the Secretary of State shall certify legislative candidates to Legislative Dis trict Central Committees, that the Secretary of State shall certify State and Federal office candidates to the State Central Committees of the respective parties, and that Independent candidates shall be placed on the Pri mary Ballot and be required to receive ten percent of tho total votes cast for that office nefore being placed on the General Election Ballot; amending Section 34-707, Idaho Code, by providing that a state convention shal] be held by each political party between June 15 and June 30 of each election year and that the State Centra] Committee Chairman shall preside and give notice to Legislative District and County Central Committees; amending Section 34-2421, Idaho Code, by providing that when the election board determines it is impractical to repair or replace a damaged voting machine it shall allow paper ballots, and providing for their handling; amending Chapter 24, Title 34, Idaho Code, by adding a new Section 34-2422, Idaho Code, providing that the election boarc shall declare the polls closed at the designated hour but allow those waiting their turn to vote to cast their ballots and providing that delivery of voted ballots to the counteri may be authorized during voting hours, but counts cannot be disclosed until after 8:00 p.m. of the election day. 5. 1005 By JUDICIARY AND RULES COMMITTEE AN ACT Amending Section 31-4306, Idaho Code, relating to Recreation District Elections, by providing that the elec tion shall be in November of each even numbered year; amending Section 31-4314, Idaho Code, relating to powes to incur debt of a recreation district, by providing thai the board may incur debts in the fiscal year of organiza tion, and exempting recreation districts from the provi sions of Section 63-921, Idaho Code, if the district is created prior to June 1; and declaring an emergency. S. 1006 By JUDICIARY AND RULES COMMITTEE AN ACT inspection, repealing Chapter 25, vehicle to Relating Title 49, Idaho Code, which requires the annual inspection of certain vehicles. S. 1003, S. 1004, S. 1005 and S. 1006 were introduced read the first time at length and referred to the Judiciary and Rules Committee for printing. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec onded by Senator Evans, the Senate recessed until 1:3C o’clock p.m. of this day. RECESS
January 13
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Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant to ecess, President Murphy presiding. Roll call showed all members present except Senators 3arker and High, excused. Prior to recess the Senate was at the Fifteenth Order )f Business. There being no objection, the Senate returned to the Phird Order of Business. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that ;he Senate Journal of the proceedings of Tuesday, Janu ry 12, 1971, was read and approved, as corrected. KLEIN, Chairman. Report adopted. Presentation of Petitions, Resolutions and Memorials The following resolution was read at length by the 3ecretary: S.C.R. 103 By FINANCE COMMITTEE A CONCURRENT RESOLUTION Authorizing the expenditure of legislative funds for he purpose of construction of certain public connected !unctions in the state capitol building. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, the legislature and the Department of E’ublic Works have engaged in a long range program of emodeling and construction in the state capitol building; .nd WHEREAS, certain of the remodeling and construction rojects by the legislature and the Department of Public Works add to the state capitol building in its function as public building and not strictly as a legislative hall, uch as public meeting areas, public assembly areas, and eating and air-conditioning capacity sufficient for the mtire building. NOW, THEREFORE, BE IT RESOLVED by the Senate, ;he House of Representatives of the Forty-first Legisla ;ure of the state of Idaho concurring therein, that the .Aeutenant Governor is hereby authorized to expend not ;o exceed $62,000 out of legislative funds for the purposes )f the long range remodeling and construction program )f the state capitol building. S.C.R. 103 was referred to the Judiciary and Rules Dommittee for printing. Reports of Standing Committees January 13, 1971. The JUDICIARY AND RULES Committee reports that 1002 has been correctly printed. KLEIN, Chairman. S. 1002 was referred to the Agricultural Affairs Com nittee. Messages from the House January 13, 1971. dr. President: I transmit herewith H. 3 and return herewith S.C.R. 102 nuich have passed the House. FITZWATER, Chief Clerk. H. 3 was filed for first reading. S.C,R. 102 was referred to the Judiciary and Rules Dommittee for enroling. ,
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January 13, 1971. Mr. President: I return herewith Enrolled S.C.R. 101 which has been signed by the Speaker. FITZWATER, Chief Clerk. Enrolled S.C.R. 101 was referred to the Judiciary and Rules Committee for transmittal to the Secretary of State. Motions and Resolutions Moved by Senator Bevins, seconded by Senator Mix, that the following attaches be elected to fill the offices pro vided for by the Constitution of the state of Idaho and by statute, salaries to be fixed by Concurrent Resolution. Assistant Sergeant-at-Arms Mike Franklin Receptionist to the President Hazel Keefer Secretaries to Floor Leadership Annamarie Goller Bertha Bays, ilene Schmelzer Journal Clerk Ruby Stone Attorneys Bill Collins, Howard Manley Secretary to Attorneys Evelyn McCampbell Committee Secretaries Renee Shaver, Bonnie Quinn Lura Newcomb, Diane Notestine, Madeline Pohiman, Judy Smith, Nathala Brunt, Barb bara Gwartney, Linda Swarthout Minority Secretaries Patricia Gerrity Genevieve Ison, Mary Linda Jordan Pages Stephen Thomas, Marian Martin, Sue Stewart, Paula Hurles, Linda Hulet, Michel Wood, Janet Stokes, Cydney Aston, Michael Young. Mail Clerks Ruby Hasselbring, Leota Hannifin Public Information Officer W. F. “Bill” Whittom Proof Readers Diane Manweiler Beverly Shepard, Myrtle Carey Hostess Virginia Smith Assistant Hostess Sally Bunting Gallery Receptionist Alice Marler Doorkeepers Owen Lovejoy, Carl W. Adams, Paul Brunt Xerox Operators Shirlee Young, Helen Snodgrass Janitors Fred Diers, Jr. Pedro Toscano, Jr., Marino M. Radillo MTST Operator Grace Thompson, Martha Sue Cory Carmen Cantrell, Orpha Brand, Lorna Clapin Mildred Sanford Proof Reader Myrtle Carey The question being, “Shall the Motion pass?” Roll call resulted as follows: AYES Allen, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ells worth (30), Evans, Fredericksen, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rfgby, Saxvik, Solberg. Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—32. NAYS None. Absent and excused Barker, Brassey, High. Total—S. Total—35. Whereupon the President declared the motion passed. On request by Senator Kidwell, granted by unanimous consent, the President requested the Sergeant-at-Arms to escort the attaches to the desk at which time the oath of office was administered to the following: Mike Franklin, Hazel, Keefer, Annamarie Goller, Bertha Bays, Ilene Schmelzer, Ruby Stone, Bill Collins, Howard Manley, Evelyn McCampbell, Renee Shaver, Bonnie Quinn, Lura Newcomb, Diane Notestine, Madeline Pohlman, Judy Smith, Nathala Brunt, Barbara Gwartney, Linda Swarth out, Patricia Gerrity, Genevieve Ison, Mary Linda Jordan, Stephen Thomas, Marian Martin, Sue Stewart, Paula Hurles, Linda Hulet, Michel Wood, Janet Stokes, Cydney Aston, Michael ‘Young, Ruby Hasseibring, Leota Hannifin, W. F. “Bill” Whittom, Diane Manweiler, Beverly Shepard, ..
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SENATE JOURNAL Myrtle Carey, Virginia Smith, Sally Bunting, Alice Mar ler, Owen Lovejoy, Carl W. Adams, Paul Brunt, Shirlee Young, Helen Snodgrass, Fred Diers, Jr., Pedro Toscano, Jr., Marino M. Radillo, Grace Thompson, Martha Sue Cory, Carmen Cantrell, Orpha Brand, Lorna Clapin, Mil dred Sanford, Myrtle Carey. Introduction, First Reading and Reference of Bills H. 3, by Appropriations Committee, was introduced, read the first time at length and referred to the Finance Com mittee. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec onded by Senator Evans, the Senate adjourned until 10:00 o’clock a.m., Thursday, January 14, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
FOURTH LEGISLATIVE DAY THURSDAY, JANUARY 14, 1971 Senate Chamber, Boise, Idaho, January 14, 1971. to order at 10:00 Senate called the President Murphy o’clock a.m. Roll call showed all members present. The following prayer was offered by Chaplain Morgan: Our Father, God, God of the Day and the Night, we stand humbly in Thy Presence. We express our thanks to Thee for each new day. May this day be a day of great achievement. As life, with its many problems, decisions and heavy responsibilities, presses in upon us, give us the assurance of Your Presence. May wisdom, calmness and inner confi dence rule the day because of our association with Thee. Grant to each of these persons, in the press of this day, inner sustenance, courage restoring their soul and serenity under strain. May the process of government which functions through the minds, the words, the lives, the actions of these Sena tors and Lt. Governor result in the best functioning of democracy. May good government be the result. May Your loving, forgiving Presence be felt here this day. We ask all this in the Name of the Christ. Amen. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Wednesday, Jan uary 13, 1971, was read and approved as corrected. KLEIN, Chairman. Report adopted. Presentation of Petitions, Resolutions and Memorials S.J.R. 101 By STATE AFFAIRS COMMITTEE A JOINT RESOLUTION Proposing an amendment to Section 7, Article IX, of the Constitution of the State of Idaho, relating to the State Board of Land Commissioners, by eliminating the Governor, Superintendent of Public Instruction, Secretary of State, Attorney General and State Auditor as the Con stitetional State Board of Land Commissioners, and pro viding for a State Board of Land Commissioners selected
January 14
as provided by law; submitting the question to the elec torate; directing the Attorney General to prepare th statement; and directing the Secretary of State to publisi notice thereof. S.J.R. 101 was introduced, read the first time al length and referred to the Judiciary and Rules Committe for printing. Reports of Standing Committees January 13, 1971. The FINANCE Committee reports out II. 3 with th recommendation that it do pass. HIGH, Chairman. On request by Senator Kidwell, granted by unanimom consent, H. 3 was referred to the Tenth Order of Business Motions and Resolutions. January 14, 1971. The JUDICIARY AND RULES Committee reports thai S.C,R. 102 has been correctly enrolled. KLEIN, Chairman. The President announced he was about to sign Enrollec S.C.R. 102, and when so signed, ordered it transmitted t( the House for the signature of the Speaker. Messages from the Governor STATE OF IDAHO Office of the Governor Boise January 14, 1971 Honorable Jack Murphy President of the Senate Senate Chamber Building Dear Mr. President: I have the honor to inform you that I have appointec Mr. Bartlett Brown as Commissioner of Labor to serv at the pleasure of the Governor. This appointment was made subject to confirmation b3 the Senate and notice of appointment is hereby appropri ately given. Sincerely, Is! CECIL D. ANDRUS Governor STATE OF IDAHO Office of the Governor Boise January 14, 1971 Honorable Jack Murphy President of the Senate Senate Chamber Building Dear Mr. President: I have the honor to inform you that I have appointec Mr. John Bender as Commissioner of Law Enforcement tc serve at the pleasure of the Governor. This appointment was made subject to confirmation b3 the Senate and notice of appointment is hereby appropri ately given. Sincerely, Is! CECIL D. ANDRUS Governor STATE OF IDAHO Office of the Governor Boise January 14, 1971 Honorable Jack Murphy President of the Senate Senate Chamber Building Dear Mr. President: I have the honor to inform you that I have appointe
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[January 14
iIr. L. Clark Hand as Superintendent of State Police to ;erve at the pleasure of the Governor. This appointment was made subject to confirmation by bhe Senate and notice of appointment is hereby appropri itely given. Sincerely, 1sf CECIL D. ANDRUS Governor The Gubernatorial appointments were referred to the State Affairs Committee.
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Motion and Resolutions MOTION TO SUSPEND RULES [6r. President: I move that all rules of the Senate interfering with ;he immediate passage of H. 3 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three 3everal days be dispensed with, this being a case of urgency, and that H. 3 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Evans. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Ldanley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused Brassey. Total—i. Total—35. More than two-thirds having voted in the affirmative the President declared the rules were suspended. H. 3 was read the third time at length, section by sec tion and placed before the Senate for final consideration, the question being, “Shall H. 3 pass?” Roll call resulted as follows:
disposition of funds of the board; requiring that certair records and reports be kept by the board; requiring the board to print a roster of all registered geologists; pro. viding the means for application for registration and pro. vithng registration fees, providing for examinations prio! to registration; providing certificates of registration; providing for the renewal of certificates of registration; providing for the reissuance of public certification; pro. viding that geological work contracted by state or itE political subdivisions shall be by registered geologists; providing for disciplinary actions and revocation of certi. ficates; providing for appeals from the action of the board; providing penalties; providing examinations; and pro viding severability. S. 1008 By STATE AFFAIRS COMMITTEE AN ACT Establishing the Idaho Board of Hearing Aid Dealers and Consultants; providing for licensing of persons whc are dealers and consultants of hearing aids; providing foi the regulation of dispensing and fitting of hearing aide to the public; providing for penalties and punishment fox violation of this Act; providing severability; and pro viding an effective date. S. 1007 and S. 1008 were introduced, read the first time at length and referred to the Judiciary and Rules Corn. mittee for printing. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec onded by Senator Evans, the Senate recessed until i:3C o’clock p.m. this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuani to recess, President Murphy presiding. Roll call showed aU members present except Senators Brassey, Egbert, and Solberg, excused. Prior to recess the Senate was at the Fifteenth Order oJ Business. There being no objection, the Senate returned to thE Sixth Order of Business. Reports of Standing Committees January 14, 1971.
AYES Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused Brassey. Total—i. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill H. 3 ordered returned to the House. Introduction, First Reading and Reference of Bills S. 1007 By STATE AFFAIRS COMMITTEE AN ACT Relating to professional geologists; providing general provisions; providing definitions used within the Act creat ing a State Board of Registration for Professional Geolo gists; providing the qualifications of board members; pro viding the compensation and payment of expenses of the board; providing for the removal of members from the board and the filling of vacancies; providing for the or ganization and meetings of the board; providing powers and duties of the board; providing for the method of
The JUDICIARY AND RULES Committee reports thai S. 1003, 5. 1004, S. 1005, 5. 1006 and S.C.R. 103 have beer correctly printed. KLEIN, Chairman. S. 1003 was referred to the Local Government and Taxa tion Committee. S. 1004 was referred to the State Affairs Committee. S 1005 was referred to the Judiciary and Rules Corn mittee. S. 1006 was referred to the Transportation Committee. S.C.R. 103 was referred to the Tenth Order of Business Motions and Resolutions, and ordered held at the desk fo two legislative days. January 14, 1971. The JUDICIARY AND RULES Committee reports thai S.C.R. 101 was delivered to the Secretary of State at 3 :2( p.m., on January 13, 1971. KLEIN, Chairman. Messages from the House January 14, 1971. Mr. President: I return herewith Enrolled S.C.R. 102 which has beer signed by the Speaker. FITZWATER, Chief Clerk.
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Enrolled S.C.R. 102 was referred to the Judiciary and Rules Committee for transmittal to the Secretary of State. January 14, 1971. Mr. President: I transmit herewith: H.C,R. 2 which has passed the House. FITZWATER, Chief Clerk. H.C.R. 2 was referred to the Tenth Order of Business. Motions and Resolutions The following resolution was read at length by the Secretary: H.C,R. 2 By CRAPO AND WILLIAMS A CONCURRENT RESOLUTION Providing for a Joint Session of the House of Represen tatives and the Senate of the Forty-first session of the Legislature of the State of Idaho for the purpose of hearing the Governor’s budget message. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, the Governor has informed the House of Representatives and the Senate that he desires to deliver a budget message to a Joint Session of the House of Representatives and the Senate of the Forty-first Legis lature of the state of Idaho in the chamber of the House of Representatives at 10:45 n.m. on Friday, January 15, 1971. NOW, THEREFORE, BE IT RESOLVED by the House of Representatives, the Senate concurring therein, that the Senate and the House of Representatives meet in Joint Session at 10:45 n.m. on Friday, January 15, 1971, for the purpose of hearing a budget message from the Gov ernor. H,C.R. 2 was ordered held at the desk for two legisla tive days. Moved by Senator Kidwell, seconded by Senator Evans, that all rules of the Senate interfering with the im mediate consideration of H.C.R. 2 be suspended. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES—Allen, Bilyeu, Bivens, Brown, Budge, Crookham, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Manley, Manning, Mitchell, Mix, Murphy, Peavey, Saxvik, Stoicheff, Summers, Swenson, Williams. Total—23. NAYS—None. Barker, Brassey, Chase, Cobbs, Absent and excused Crutcher, Egbert, Klein, Miller, Rigby, Solberg, Steen, Yarbrough. Total—12. Total 35. More than two-thirds having voted in the affirmative, the President declared the rules suspended and H.C.R. 2 was before the Senate for consideration. On motion by Senator Kidwell, seconded by Senator Evans, H.C.R. 2 was adopted, title was approved and the Resolution ordered returned to the House. Introduction, First Reading and Reference of Bills S. 1009 By COMMERCE AND BANKING COMMITTEE AN ACT Providing that every bid for public project must be accompanied by a statement of qualifications to submit a bid, and providing a process for considering such quali fications, and providing that if a bidder’s qualifications are approved, the bidder may not subsequently be dis qualified. S. 1009 was introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing.
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Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec onded by Senator Evans, the Senate adjourned until 10:0( o’clock a.m., Friday, January 15, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
FIFTH LEGISLATIVE DAY FRIDAY, JANUARY 15, 1971 Senate Chamber, Boise, Idaho, January 15, 1971. President Murphy called the Senate to order at 10:0( o’clock n.m. Roll call showed all members present except Senator Egbert and Summers, excused. The following prayer was offered by Chaplain Newel Morgan: Our Father which art in Heaven, we stand in Th3 Presence to acknowledge our faith in Thee. It is as free people, Father, we stand before Thee, fre to govern ourselves. We thank Thee, Our God, for thos of the past who in vision, great effort, sacrifice and evei death have assured to us our freedom. Even, Father, tia word freedom has a good sound. Help us to do all thing needful to maintain this freedom and self-government. Help these persons, Father, as they perform within tfr great principles of self-government to successfully mak full their elected and assumed responsibilities, May the3 rise above all self-interest to heights of statesmanship. May each be conscious of Your Presence this day. In Christ’s Name. Amen. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports thai the Senate Journal of the proceedings of Thursday January 14, 1971, was read and approved as corrected. KLEIN, Chairman. Report adopted.
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Reports of Standing Committees January 15, 1971. The JUDICIARY AND RULES Committee reports thai S.C.R. 102 was delivered to the Secretary of State at 9 :2t a.m., on January 15, 1971. KLEIN, Chairman. The President ordered the report filed in the office oi the Secretary of the Senate, January 15, 1971. The JUDICIARY AND RULES Committee reports thai S. 1007, S. 1008, S. 1009 and S.J.R. 101 have been cor rectly printed. KLEIN, Chairman. S. 1007 was referred to Resources and Environmeni Committee. S. 1008 was referred to Health, Education and Welfar Committee. S. 1009 was referred to Commerce and Banking Com mittee.
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S.J.R. 101 was referred to State Affairs Committee. Introduction, First Reading and Reference of Bills S. 1010 By ELLSWORTH (30) AN ACT Amending Section 49-2501, Idaho Code, relating to an nual inspection of motor vehicles by providing that such inspection must occur within thirty days prior to the regis tration of such vehicle, and providing that a motor vehicle may not be registered without proof of inspection; amending Chapter 25, Title 49, Idaho Code, by the addi tion of a new Section 49-2501C, Idaho Code, to provide for the powers of the Commissioner during the transition period July 1, 1971, through January 1, 1972, and pro viding specific legislative policy positions; amending Sec tion 49-2507, Idaho Code, relating to certificates of inspec tion, by providing that the certificate shall be as estab lished by the Commissioner; and providing an effective date. S. 1010 was introduced, read the first time at length and referred to the Transportation Committee. At this time an appointed committee of three, Repre sentatives Murphy, Snow and Palmer, arrived to escort the President and members of the Senate to the House Chambers for the purpose of a Joint Session to hear the Governor’s Budget Message. On motion by Senator Kidwell, seconded by Senator Mix, the Senate recessed to proceed to the House of Representa tives. Joint Session Pursuant to H.C.R. 2, the Hour of 10:45 o’clock a.m. having arrived, the members of the Senate entered the House Chambers and met in Joint Session with Speaker Lanting presiding. Roll call of the House showed 69 members present. Absent and excused—Dunn. Total—i. Total—70. Roll call of the Senate showed 33 members present. Absent and excused—Egbert, Summers. Total—2, Total—35. Moved by Mr. Crapo and seconded by Mr. Williams, that the Speaker appoint two committees of four members each to wait upon the Governor and the Elected Officials for the Joint Session. Motion carried. The Speaker appointed Senator Kidwell, Senator Evans, Mr. Crapo and Mr. Williams as the Committee to escort the Governor to the House Chamber. The Speaker appointed Senator Brassey, Senator Chase, Mr. Koch (17) and Mr. Merrill as the Committee to escort the Elected Officials to the House Chamber. The Committees were excused. The Committees, appointed by the Speaker, escorted the Elected Officials and the Governor to the House Chamber where they were presented to the Joint Session by the Speaker. His Excellency, the Governor of the State of Idaho, Cecil D. Andrus, was introduced by the Speaker and the following Budget Message was delivered by Governor Andrus: Mr. President, Mr. Speaker, Ladies and Gentlemen of the Forty-first Idaho Legislature: I come before you today to present the proposed budget for the 1971-72 fiscal year. As I do so the people of Idaho are troubled by a collection of serious challenges to the State’s fiscal stability. Unemployment is at its highest level in years, real economic growth has declined and a
most inflationary spiral continues upward touching th nerves of every family, every business and every stat agency. In the past during troubled times the tendency ha been to tax new sources of revenue to support ineffectiv administration. You can no longer expect the people o and I will not allow ii Idaho to subsidize inefficiency It is time for a change. I believe we should improve ou administrative capabilities to achieve better performanc from existing revenue sources. To this end we must unify our efforts in common caus to the people of Idaho and find solutions to the fisc problems we face. The urgency of our plight does not permit division i your ranks. Division at this point, when we face a critic dilemma touching every Idaho resident, would destroy th people’s confidence in the legislature. .
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The Fiscal Problem We must now look closely at the seriousness of th fiscal situation. Anticipated revenue has not grown a rapidly as we had hoped. Our spending level has been ir fiated by the use of surpluses which are nearly exhauste We are faced with an existing general fund revenue bas of 113,728,000 dollars while the cost of just continuin the current level of services next year is 131,331,35 dollars. Think about that for a moment. The revenue fo the state of Idaho for the next year is 17.6 million dollai less than what is needed to continue the present level c services, Furthermore, three urgently needed new prograit are not reflected in the cost of continuing the preser service levels. We have added 2.8 million dollars to the state’s budg for kindergartens and 520 thousand dollars for adde environmental improvement and local health services. As a result we were faced with a 20.9 million dolls gap between a continuation budget with three additiom but necessary programs and the general fund reveni tax base. Consequently we are faced with 3 alternatives: 1. Cutting services by 20.9 million dollars, or 2. Raising revenues by 20.9 million dollars, or 3. Some combination of both alternatives. If we were to recommend appropriations of i13,728,OC dollars which is the level of our existing revenue base fc 1971-72, this would require a 15.5 percent reduction acro the board for every state agency. If we followed through here are some examples of t1 cutback: 1. A reduction in staff at the Nampa State School—a institution which is already tragically underfinanced; 2. A several million dollar reduction in the appropriatio for public schools which would compel school districi across the state to impose blanket teacher pay cuts or substantial reduction in the number of teachers who i many instances are already heavily burdened. 3. Halting the much needed effort to bring ment health, child development centers, and local health servicE closer to the people, and 4. Reduction in expenditure levels for air and wat pollution control to the point where an effective contr policy would not be maintained. These are but a few examples but they illustrai the widespread, devastating after-effects of a 15.5 percei across-the-board cutback in state spending. At the same time we cannot raise taxes by 20 millic dollars or even by one million. You must recogni: the problems of the hard pressed taxpayer in Idaho particularly the property taxpayer. That brings us to the third alternative. After intensive search for means of adding to our revenue wit] .
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SENATE JOURNAL ut raising taxes, we have found funds with idle balances. Ve have formulated changes in revenue collection pro edures which would add to our revenues. On the basis of endless hours of searching and study, ifter reviewing the fiscal instability we now must face and tfter exhausting all alternatives, we now recommend the llowing measures for your approval: 1. Through the imposition of finn expenditure control vhich reduces agency allotments and keeps agencies from tdding to staff numbers during this critical period, we will eserve 4,495,000 dollars for the next fiscal year’s ex )enditures. 2. We seek a change in the employer’s system for eporting state income tax from a quarterly reporting ystem to a monthly reporting system with reports due on ;he 25th of the succeeding month. This will make our in ome tax reporting system consistent with our sales tax eporting system and make possible better cross-checks between the systems. And, most significantly, the shift rom a quarterly to a monthly system during the 1971-72 iscal year would bring in two additional months of income ax revenue that year for a gain of 3.6 million dollars for he year. 3. We propose limiting funds for compensating local çovernments for the phase-out of the inventory tax to 15 ercent rather than the 20 percent figure proposed for 971-72. 15 percent of the sales tax revenue more than compen ates for the loss of the inventory tax revenues. The savings realized here would add 2,355,000 dollars o the state general fund. 4. An analysis of one of our trust funds shows an pparent surplus of 1,052,247 dollars as of November 30, 970. We recommend that one million dollars from the und be transferred to the general fund. 5. We propose that you disallow the 50 percent capital ains tax deduction on the corporate income tax. At resent, Idaho is the only western state which allows such deduction and its elimination would bring Idaho into onformity with federal practice. This recommendation vould add 454 thousand dollars. 6. We ask that you reduce the amount in the sales tax efund account from 250 thousand dollars to 50 thousand [ollars thereby freeing additional sales tax funds for ducational funding. No more than 50 thousand dollars required to provide sales tax refunds throughout the tate. 7. We recommend that revenues from the State Audior’s computer operations be placed in the general fund ather than billed directly to agencies. We do not wish to place the State Auditor in the posi ion of creating new computer projects to maintain his tall’. We ask that the 200 thousand dollars he will receive rom computer operations be placed in the general fund. 8. Our troubled fiscal picture demands that we re valuate our state building program. Until we have ieathered the current crisis, we cannot in good judgment ontinue to build at the present rate at the expense of rograms and services which directly touch the lives of ur people. As a result, we recommend a slowdown in the construc ion of some building projects by removing 2.1 million ollars from the 5 million dollar Permanent Building und. One half million dollars of this amount are sales tax unds which do not go into the fund during the current ear but which are scheduled, by law, to go into the fund t 1971-72. We ask that the Legislature determine where the cuts i construction be made. And, finally, to close the 20.9 million dollar gap we ave recommended appropriations that total 6.5 million ollars less than the total amount needed to maintain cur-
January 15]
rent levels of services plus the new programs we have recommended. You must remember that we have added 2.8 million dollars to the continuation budget for public schools to finance kindergartens and 520 thousand dollars to the Health Department for environmental improvement and local health services. The result is that reductions of 6.5 million dollars were made in other budgets, leaving a total executive budget spending level of 128,104,328 dollars. Expenditure Controls By reducing the total appropriation below the cost of contiruing the state’s present level of services, we will notably influence the operation of every state agency. But we can work to soften the blow of the reduction if we have the cooperation of the agencies involved, and the legislature. We must now implement expenditure controls to assure that the general fund will have a balance on June 30, 1971, to provide a carry-over into the 1971-72 fiscal year. We must also keep the level of state agency expen ditures stable during the time the legislature is consider ing the state budget. We recommend two methods of expenditure control: 1. Downward revision of allotments Next week the Budget Division will be mailing a reduced tentative allotment to each state agency for the six month period ending June 30, 1971. Each agency will be given an opportunity to discuss this allotment with the Budget Division staff. We will ask the budget staff to act as watchdogs on agency spending levels and report agencies that do not reduce their spending levels in conformity with the re vised downward trend. 2. Position Identification and Control We recommend that the Budget Division and Person nel Commission staffs cooperate in the establishment of a position identification and control system. It will be a task that requires many weeks. Until this system is completed for each agency, the Budget Division will review all personnel transactions and will deny new positions and other personnel actions which raise the level of spending above the allotment. We have asked the Attorney General for an opinion to determine whether the Budget Division and Personnel Commission can establish a position identification and control system. If it is not possible under existing law, we will request enabling legislation as soon as possible. If we are able to develop this system under existing law, the Budget Division will begin implementing the system next week. A position identification and control system is essential for the Budget Division to be able to control the establishment of new positions. Public Schools The establishment of state-wide, state-supported kin dergartens is an absolute priority. To implement this program in the next school year, 2.8 million dollars has been included in the Executive Budget for full state fund ing of the kindergarten program. We strongly recommend a voluntary system placing the responsibility for attend ance with the parents who can send their children to kindergarten or leave them in the home until the law re qufres that they attend the first grade. We also rec ommend that school districts be given the responsibility to implement or not to implement the program. And, we note at this point that kindergartens are not being funded by stealing dollars from other educational programs. We have also prepared an increased budget for other
[January 15
SENATE JOURNAL
public school programs. As a result, the total increase in public school funding is 7,468,195 dollars for a grand total of 100,832,500 dollars. This compares with the 197071 estimated expense of 93,364,305 dollars. As a result, no increase in property taxes will be neces sary for education because we have replaced with gen eral fund money approximately 700 thousand dollars of the amount that would otherwise be paid by the property taxpayer for the operation of their school districts. Health The quality of service in the Idaho Department of Health is a concern for everyone in the state. We must sharpen our priorities, concentrating the resources and attention of government on programs which directly effect and help the people. Our people are increasingly aware of the threat to their quality of life and they are determined to safeguard and enhance that quality. Therefore, we have recommended an increase of 1.8 million dollars from all sources for the Department of Health, or approximately 12 percent more than the 1970-71 level of spending from all revenue sources. We recommend funding full agency requests for the Air Pollution Control Commission, the Water Pollution Con trol Commission, the Idaho State School and Hospital and local health districts. We point out that in all divisions we have budgeted to take maximum advantage of federal funds available on a matching fund basis. Colleges and Universities We have recommended a total budget of 33.2 million dollars for all of Idaho’s four-year institutions of higher education. This represents an increase of 3.3 million dollars over 1970-71 level of spending from all revenue sources. Included in this budget is 300 thousand dollars to be used for innovative programs to improve the quality of instruction. 28.2 million dollars of this budget is general fund money, an increase of 2.8 million dollars. We anticipate a 10 percent increase in enrollment and are asking the institutions to absorb all cost of living increases. We are recommending a lump-sum appropriation to higher education with the division of funds left to the State Board of Education. Other Agencies Budget priorities have been placed with agencies deal ing with problems of the people. Therefore, we have recommended the following gen eral fund increase over 1970-71 estimated expenses: 1. A 46 percent increase over the 1970-71 budget for the Board of Pharmacy and Drug Control for its vital work to control drug abuse in Idaho. 2. A 26 percent increase for the Inspector of Mines to enhance his mine safety inspection program. 3. A 13 percent increase for the Department of Labor to improve industrial saftey inspections. 4. A 27 percent increase for Vocational Education to provide additional school and on-the-job training for persons who might otherwise be unable to find a job. 5. A 26 percent increase for the Vocational Rehabilita tion Agency to improve the training of physically and mentally handicapped persons to make them employable. We have also stressed the importance of law enforce ment by providing a substantial general fund increase to match federal funds in law enforcement planning. Revenue producing tax collection agencies have re ceived modest increases. The Tax Department, for ex
2
ample, received a 209 thousand dollar increase over 197t 71. The gains made by revenue producing agencies shoul more than compensate for the increase in their appropris tion. The Legislature and Legislative Staff Agencies wer granted their full request. And, our budget provides fc two additional budget positions for the Legislative Audita and two additional budget examiner positions for th Division of the Budget because additional staff is needed t hold the line on expenditures. The Judicial Branch received a substantial increase implement the court reform bill which provides for magistrate’s court system. Much of this increase i matched by increased court fees to the general fund. Dedicated Funds In its budget message, the former administration di not reduce any of the requests from dedicated fun agencies. However, it is our recommendation that ded cated fund agencies use the same policies in conservin funds as general fund agencies, if accomplished, admini trative costs for these agencies will be reduced and mor funds will be available for highway construction, fish an game habitat and many other important programs. Reductions The budget contains a substantial number of reduction and eliminations. 1. We have recommended the elimination of the entir 1,772,000 dollar request for the Division of Managemer Services. That department’s extensive use of intei departmental billing created a wasteful, ever-growin monster which had to create additional computer program for state agencies to maintain its own payroll. We suggest that it would be better to maintain ser ice bureaus to provide for the data processing needs c smaller agencies and we recommend the use of the Higi way Department computer and extended facilities locate in the Auditor’s office. Standardization and modular growth is our goal in thi area. 2. We have eliminated the proposed budget for th Accounting and Data Processing Committee. While th committee and its staff served the state well, the wor of implementing the study can best be accomplished b state employes on a planned several year program. Trav funds have been provided for an advisory committee o accounting and data processing. 3. We have eliminated the 11 thousand dollar genen fund request for the Manpower Development and Trait ing Act because the agency can secure in-kind loc matching to generate its requested federal funds. 4. We have recommended no additional funding for th Commission on Federal Land laws. 5. We have reduced the 1970-71 expenditures by 50 pei cent for short term applied research at the universit level. 6. We recommend combining the Department of Disaste Relief and Civil Defense with the Adjutant General office. 7. We have eliminated the 1,500,000 dollar request c the Water Resources Board for funds to be placed in th water revolving fund. 8. We have recommended that the development of ne parks be curtailed during the 1971-72 fiscal year an have reduced the general fund request of the Park Department by more than 2 million dollars. Budget Revision Throughout the preparation of this budget it becam obvious that key data was not included in the budge forms available. These omissions have hindered a orderly, thoughtful study of Idaho’s budgetary prob1eim We recommend that a committee composed of th
SENATE JOURNAL kidget Division, Legislative Auditor and qualified agency eople be formed to redesign the budget forms. A revised format of the executive budget will be avail ble next year. We invite your participation in this endeavor. During the current legislative session, I pledge that he Budget Division staff will provide whatever assistance on wish within the time available to them. This staff ill be making a detailed analysis of current agency ayrolls and expenditure patterns for the downward re -isions of allotments. These analyses will be made avail ble to your legislative fiscal committees. While we are mited in the fiscal information available this legislative ession we can make maximum use of this data through ooperative efforts. Conclusion Let me conclude by saying that our problems must rot be reasons for despair. You are privileged to be in these chambers today and ou must face the fiscal challenges before you as oppor unities to improve the less than brilliant state of our tate. You will succeed only if you unite in a cooperative effort o achieve a just solution. You are equal to the challenges of our times. It is time row to proceed with the business at hand. I have expressed the budget in terms of people’s needs. rou must be receptive to those needs. Charles C. Colton once said, “To know the pains of ower we must go to those who have it; to know its rleasures, we must go to those who are seeking it; the ains of power are real; its pleasures imaginary,” You now know that the pains of power are very real. Thank You. CECIL D. ANDRUS The Speaker thanked Governor Andrus. The Committee came forward and escorted Governor ndrus to his office, and was, on its return, thanked and hscharged by the Speaker. The Committee escorted the Elected Officials to their rffices, and was, on its return, thanked and discharged y the Speaker. Moved by Mr. Crapo, seconded by Mr. Williams, that he message of the Governor be printed in both the House aid Senate Journals and that 200 copies be printed for eneral distribution. Roll call of the House showed 66 members voting aye. Nays—None. Dunn, Farner, Jenkins and Wor Absent and excused hen. Total—4. Total—70. Roll call of the Senate showed 33 members voting aye. Nays—None. Egbert, Summers. Total—2. Absent and excused Total—35. —
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Motion carried and it was so ordered. Moved by Mr. Crapo, seconded by Mr. Williams, that the toint Session be dissolved. Motion carried. The Committee appointed by the Speaker came forward Lnd escorted the Senate members to the Senate Chambers. Pursuant to the Joint Session, the Senate reconvened, 3resident Murphy presiding.
January 18)
Prior to the Joint Session, the Senate was at the Fifteenth Order of Business. There being no objection, the Senate returned to the Eleventh Order of Business. Introduction, First Reading and Reference of Bills S. 1011 By RESOURCES AND ENVIRONMENT COMMITTEE AN ACT Amending Section 42-104, Idaho Code, relating to the beneficial uses of water, by providing that such beneficial uses may include, but are not limited to domestic, agri cultural, mining, manufacturing, electric power generation, municipal, industrial, fish and wildlife propagation, recrea tion, artificial ground water recharge, transportation, and water quality control, and providing that Article 15, Sec tion 3, of the Idaho Constitution shall govern the use of water appropriated as between such beneficial uses. S. 1011 was introduced, read the first time at length and referred to the Judiciary and Rules Committee for print ing. On motion by President Pro-Tempore Ellsworth, sec onded by Senator Evans, the Senate adjourned until 10:00 o’clock a.m., Monday, January 18, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
EIGHTH LEGISLATIVE DAY MONDAY, JANUARY 18, 1971 Senate Chamber, Boise, Idaho, January 18, 1971. President Murphy called the Senate to order at 10:00 o’clock n.m. Roll call showed all members present except Senators Bilyeu and Manning, excused, The following prayer was offered by Chaplain Newell Morgan: Lord God, Master of Life, we thank Thee for the rich heritage of this great and good land, for every evidence of Thy favor in the past and for Thy Hand which has made and preserved us as a nation. We thank Thee for the men and women who, by blood and sweat, by toil and tears, forged on the anvil of their own sacrifice all that we hold dear. May we never lightly esteem what they obtained at a great price. Grateful for rights and privileges, may we be conscious of duties and obligations. Bless this day the Governor, Lt. Governor, each Repre sentative, each Senator and all who labor with them across this state, working together the democratic process of government. Grant them wisdom and guidance in the activities of this day, this week and this session, In Christ’s Name, Amen. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Friday, January 15, 1971 was read and approved as corrected. KLEIN, Chairman. Report adopted, Presentation of Petitions, Resolutions and Memorials The following memorini was read at length by the Sec retary:
[January 18
SENATE JOURNAL
S.3.M. 101 By RESOURCES AND ENVIRONMENT COMMITTEE A JOINT MEMORIAL To the Honorable Senate and House of Representatives of the United States in Congress assembled. We, your Memorialists, the Senate and House of Repre sentatives of the state of Idaho assembled in the First Regular Session of the Forty-first Idaho Legislature, do respectfully request that: WHEREAS, the revenue soures of local units of gov ernment in Idaho is primarily limited to taxation of real property, and WHEREAS, local units of government must meet the increasing needs of the citizenry at ever increasing costs, imposing a heavy burden upon real property, and WHEREAS, the people of the United States, through the government of the United States, are the non-resident land owners of approximately two-thirds of the land in the state of Idaho, and WHEREAS, these lands are being held in public owner ship so that the people of this nation, both now and in the future, may enjoy the various benefits of ownership, and WHEREAS, this public ownership withdraws a large portion of the local tax base by withdrawing land and re sources from private ownership. NOW, THEREFORE, BE IT RESOLVED by the First Regular Session of the Forty-first Idaho Legislature, the Senate and House of Representatives concurring, that we most respectfully urge the Congress of the United States to adopt legislation to provide for payment in lieu of taxes to the state of Idaho and its local units of govern ment, and to other states and local taxing units similarly affected. BE IT FURTHER RESOLVED that we respectfully urge our congressional delegation to continue efforts toward obtaining adoption of this legislation. BE IT FURTHER RESOLVED that the Secretary of the Senate, be, and he is hereby authorized and directed to forward certified copies of the Memorial to the leader ship of the Senate and the House of Representatives of Congress and to the Senators and Representatives repre senting this state in the Congress of the United States. S.J.M. 101 was referred to the Judiciary and Rules Committee for printing. Reports of Standing Committees January 18, 1971. The JUDICIARY AND RULES Committee reports that S. 1011 has been correctly printed. KLEIN, Chairman. S. 1011 was referred to the Resources and Environment Committee. Messages from the Governor STATE OF IDAHO Office of the Governor BOISE January 14, 1971 Honorable Jack Murphy President of the Senate Senate Chamber Building Dear Mr. President: The Wage and Salary Supplement to the Executive Budget is at the printers now and will be delivered to the members of the Senate early next week. Sincerely, Is! CECIL D. ANDRUS Governor
The Governor’s message regarding Wage and Salai Supplement to the Budget report was ordered filed in U Office of the Secretary of the Senate. STATE OF IDAHO Office of the Governor BOISE January 15, 1971 Honorable Jack Murphy President of the Senate Senate Chamber Building Dear Mr. President: I have the honor to inform you that I have appointf Mr. W. Carl Griner as State Inspector of Mines. M Griner is to serve at the pleasure of the Governor. This appointment was made subject to confirmation I the Senate and notice of appointment is hereby appr priately given. Sincerely, Is! CECIL D. ANDRUS Governor STATE OF IDAHO Office of the Governor BOISE January 16, 1971 Honorable Jack Murphy President of the Senate Senate Chamber Building Dear Mr. President: I have the honor to inform you that I have appoint Mr. Tom McEldowney as acting Commissioner of Financ This appointment was made subject to confirmation 1 the Senate and notice of appointment is hereby app; priately given. Sincerely, Is! CECIL D. ANDRUS Governor STATE OF IDAHO Office of the Governor BOISE January 16, 1971 Honorable Jack Murphy President of the Senate Senate Chamber Building Dear Mr. President: I have the honor to inform you that I have appoint Mr. Lloyd Howe as acting Executive Secretary of t. Department of Commerce and Development. This appointment was made subject to confirmatii by the Senate and notice of appointment is here] appropriately given. Sincerely, Is! CECIL D. ANDRUS Governor STATE OF IDAHO Office of the Governor BOISE January 16, 1971 Honorable Jack Murphy President of the Senate Senate Chamber Building Dear Mr. President: I have the honor to inform you that I have appoint Mr. Robert Lenaghen as acting Director of Admini trative Services. This appointment was made subject to confirmatii
SENATE JOURNAL y the Senate and notice of appointment is hereby ppropriately given. Sincerely, Is! CECIL D. ANDRUS Governor STATE OF IDAHO Office of the Governor Boise January 16, 1971 [onorable Jack Murphy resident of the Senate enate Chamber uilding ‘ear Mr. President: I have the honor to inform you that I have appointed [r. Robert DeShazo as acting Commissioner of Public Torks This appointment was made subject to confirmation y the Senate and notice of appointment is hereby ppropriately given. Sincerely, Is! CECIL D. ANDRUS Governor STATE OF IDAHO Office of the Governor BOISE January 16, 1971 [onorable Jack Murphy resident of the Senate enate Chamber uilding ear Mr. President: I have the honor to inform you that I have appointed Er. Fred Chariton as Commissioner of the State Liquor ispensary. This appointment was made subject to confirmation y the Senate and notice of appointment is hereby ppropriately given. Sincerely, /5/ CECIL D. ANDRUS Governor STATE OF IDAHO Office of the Governor BOISE January 16, 1971 onorable Jack Murphy resident of the Senate enate Chamber uilding ear Mr. President: I have the honor to inform you that I have appointed [r. Ted Cramer as acting State Purchasing Agent. This appointment was made subject to confirmation v the Senate and notice of appointment is hereby ppropriately given. Sincerely, Is! CECIL D. ANDRUS Governor STATE OF IDAHO Office of the Governor BOISE January 16, 1971 onorable Jack Murphy resident of the Senate enate Chamber uilding ear Mr. President: I have the honor to inform you that I have appointed .r. Scott Reed and have re-appointed Mr. John Streiff
January 18]
and Mr. George Yost to the Idaho Water Resources Board. All appointments are for four year terms and will expire on January 1, 1975. These appointments were made subject to confirmation by the Senate and notice is hereby appropriately given. /5/
Sincerely, CECIL D. ANDRUS Governor
STATE OF IDAHO Office of the Governor BOISE January 16, 1971 Honorable Jack Murphy President of the Senate Senate Chamber Building Dear Mr. President: I have the honor to inform you that I have appointed Mr. Bill Child as acting Director of the Department of Public Assistance. This appointment was made subject to confirmation by the Senate and notice of appointment is hereby appro priately given. Sincerely, Is! CECIL D. ANDRUS Governor STATE OF IDAHO Office of the Governor BOISE January 16, 1971 Honorable Jack Murphy President of the Senate Senate Chamber Building Dear Mr. President: I have the honor to inform you that I have appointed Mr. Marvin Misner as acting Director of the State Plan ning and Community Affairs Agency. This appointment was made subject to confirmation by the Senate and notice of appointment is hereby appro priately given. Sincerely, Is! CECIL D. ANDRUS Governor STATE OF IDAHO Office of the Governor BOISE January 18, 1971 Honorable Jack Murphy President of the Senate Senate Chamber Building Dear Mr. President: I have the honor to inform you that during the period of time since the Legislature last met Mr. J. Allen Jensen was appointed to a term on the Public Employees Retirement Board. This is a five year term and expires on July 1, 1975. The appointment was made subject to confirmation by the Senate and notice of appointment is hereby appro priately given. Sincerely, Is! CECIL D. ANDRUS Governor The Gubernatorial Appointments were referred to the State Affairs Committee.
[January 19
SENATE JOURNAL Messages from the House January 15, 1971.
Mr. President: I transmit herewith Enrolled H. 3 which has been signed by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign Enrolled H. 3 and, when so signed, ordered it returned to the House. Motions and Resolutions The President announced S.C.R. 103 was before the Sen ate for consideration. Moved by Senator Brassey, seconded by Senator Evans, that S.C.R 103 be adopted. The question being, “Shall the Resolution be adopted?” Roll call resulted as follows: AYES Allen, Barker, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Egbert, Ellsworth (20), Ells worth (30), Evans, Fredericksen, Klein, Manley, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—SO. NAYS—None. Absent and excused Bilyeu, Crutcher, High, Kidwell, Manning. Total—S. Total—35. Whereupon the President declared S.C.R. 103 adopted. Title was approved and the Resolution ordered transmit ted to the House. Miscellaneous Business On motion by President Pro-Tempore, seconded by Sena tor Evans, the Senate recessed until 1:30 o’clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present. Prior to recess the Senate was at the Fifteenth Order of Business. There being no objection, the Senate returned to the Ninth Order of Business. —
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Messages from the House January 18, 1971. Mr. President: I transmit herewith Enrolled H.C.R. 2 which has been signed by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign Enrolled H.C.R. 2 and, when so signed, ordered it returned to the House. Introduction, First Reading and Reference of Bills S. 1012 By STEEN AN ACT Amending Chapter 5, Title 61, Idaho Code, by the addi tion of a new Section 61-515A, Idaho Code, to provide for Safety and Sanitary Equipment and Conditions on loco motives, cabooses and change rooms. S. 1012 was introduced, read the first time at length and referred to the Labor and Economic Development Committee.
2
Miscellaneous Business On motion by President Pro-Tempore Ellsworth, se onded by Senator Evans, the Senate adjourned until 10:0 o’clock n.m., Tuesday, January 19, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
NINTH LEGISLATIVE DAY TUESDAY, JANUARY 19, 1971 Senate Chamber, Boise, Idaho, January 19, 1971. President Murphy called the Senate to order at 10:t o’clock n.m. Roll call showed all members present except Senat Brassey, excused. The following prayer was offered by Chaplain Newe Morgan: Gracious Father, our Eternal God, we thank Thee f those who have taught us to call Thee and to know Tin as “Our Shepherd”. Thank Thee for nourishing us “green pastures”. Thank Thee for refreshing us beside tl “still waters”. Thank Thee for restoring our souls, “ti inner man”. We ask that You will lead us in “paths righteousness for Thy Name’s Sake”. We are grateful for Your companionship even thou it be through the valley of death, or the valley decision. May the “rod” of Thy discipline and the “staf of Thy leadership give each of us Thy ever present cmi fort. May the “table” that You have prepared for us fe mind, soul and body. We are thankful that in Thy Pre ence our “cup” of life overflows. Help us claim ti promise that we shall “dwell in the House of the Loi Forever”. Now, Our God, in ways that are different for all oth presences, be with everyone in this Senate Chamin throughout this entire day. All this in Christ’s Name, Amen. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports th the Senate Journal of the proceedings of Monday, Januai 18, 1971 was read and approved as corrected. KLEIN, Chairman. Report adopted. Reports of Standing Committees January 19, 1971. The JUDICIARY AND RULES Committee reports th S.J.M. 101 has been correctly printed. KLEIN, Chairman. SJ.M. 101 was referred to the Tenth Order of Busines Motions and Resolutions, and ordered held at the de for two legislative days. January 18, 1971. The JUDICIARY AND RULES Committee reports o S. 1005 with the recommendation that it be referred Local Government and Taxation Committee. KLEIN, Chairman. S. 1005 was referred to the Local Government and Tax tion Committee.
SENATE JOURNAL
January 18, 1971. The JUDICIARY AND RULES Committee reports out • 1001 with the recommendation that it be printed. KLEIN, Chairman. On request by Senator Mitchell, granted by unanimous )nsent, S. 1001 was recommitted to the Judiciary and tiles Committee. The JUDICIARY AND RULES Committee reports that fter having checked the miles traveled by each member C the Senate over the usual traveled route, find they are atitled to mileage as set forth opposite the names of the st as follows: istrict
State Senator
1
James F. Stoicheff Art Manley C. C. (Cy) Chase Arthur P. Murphy John Mix Mike P. Mitchell William G. Crutcher Nels L. Solberg Warren H. Brown David W. Bivens Wm. L. “Bill” Crookham Leon H. Swenson Walter Yarbrough Vernon K. Brassey Edith Miller Klein Lyle R. Cobbs H. Dean Summers Wayne L. Kidwell J. Wilson Steen James Ellsworth John T. Peavey Don G. Fredericksen Richard S. High John M. Barker Robert (Bob) Saxvik Joe F. Allen Neil J. Miller Ray W. Rigby J. Marsden Williams W. Fisher Ellsworth Richard A. Egbert Reed Budge John V. Evans Darrell V. Manning Chas. E. “Chick” Bilyeu Jack M. Murphy
3 7 7
1 3 )
1 3 3 7 7
1 3 ) ) I 1 3 7 7
1 3 3 I 3 3 7
res.
Miles 966 908 756 914 616 558 532 404 214 110 52 40 150 0 0 0 0 0 140 630 334 212 264 242 326 450 526 600 560 560 712 700 560 476 .476 248
.....,..
...
..
Amount $96.60 90.80 75.60 91.40 61.60 55.80 53.20 40.40 21.40 11.00 5.20 4.00 15.00 0.00 0.00 0.00 0.00 0.00 14.00 63.00 33.40 21.20 26.40 24.20 32.60 45.00 52.60 60.00 56.00 56.00 71.20 70.00 56.00 47.60 47.60 24.80
The mileage report was referred to the Tenth Order of usiness. Motions and Resolutions Moved by Senator Klein, seconded by Senator Miller, iat the travel expense report submitted by the Judiciary rid Rules Committee be adopted. The question being, “Shall the motion pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brown, Budge, AYES hase, Cobbs, Crookham, Crutcher, Ellsworth (20), Fills orth (30), Evans, Fredericksen, High, Kidwell, Klein, [anley, Manning, Miller. Mitchell, Mix, Murphy, Peavey, igby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen n, Williams, Yarbrough. Total—33. NAYS—None. Absent and excused Brassey, Egbert. Total—2. Total—3. Whereupon the President declared the motion passed. —
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January 19]
Introduction, First Reading and Reference of Bills S. 1013 By MURPHY AN ACT Amending Section 67-412, Idaho Code, by striking the limitation upon the number of days for which daily expense allowance is paid, by striking the requirement that legislators be reimbursed for actual expenses in curred in attending meetings authorized by the legis lature, and by providing for payment of one hundred dollars per month for every month following the expira tion of the constitutional limit on legislative per diem salary; and declaring an emergency. S. 1014 By LABOR AND ECONOMIC DEVELOPMENT COMMITTEE AN ACT Relating to municipalities; amending Chapter 3, Title 50, Idaho Code, by the addition of a new Section 50-342, Idaho Code, to provide that, in addition to other muni cipal powers, a city owning and operating an electric power system may purchase electric power and exchange it with, or resell it to, the United States Department of Interior through the Bonneville Power Administrator, and providing that this Act is not subject to the limita tions contained in Sections 50-325 and 50-327, Idaho Code. S. 1015 By JUDICIARY AND RULES COMMITTEE AN ACT Amending Chapter 43, Title 31, Idaho Code, by the addition of a new Section 31-4322, Idaho Code, to authorize recreation districts to issue bonds and provide the form and terms of such bonds; amending Chapter 43, Title 31, Idaho Code, by the addition of a new Section 31-4323, Idaho Code, providing for an election to allow the recrea tion district to incur indebtedness and providing the content of the resolution of the board calling for an election; amending Chapter 43. Title 31, Idaho Code, by the addition of a new Section 31-4324, Idaho Code, pro viding for the publication of notices of the election on proposed indebtedness of the recreation district; amend ing Chapter 43, Title 31, Idaho Code, by the addition of a new Section 31-4325, Idaho Code, providing for the conduct of the election as prescribed by law for the holding of a general election and providing for the canvass of results; amending Chapter 43, Title 31, Idaho Code, by the addition of a new Section 31-4326, Idaho Code, providing that indebtedness may be incurred upon a favorable vote of a majority of the votes cast and providing that submission of a proposition shall not prevent other submission of the same or other proposals; amending Chapter 43, Title 31, Idaho Code, by the addi tion of a new Section 31-4327, Idaho Code, providing that a recreation district board may create and establish a recreation facilities reserve fund; and amending Chapter 43, Title 31, Idaho Code, by the addition of a new Section 31-4328, Idaho Code, providing for an election in a recreation district in which a recreation facilities reserve fund has been created to allow the application of the levy or a portion thereof authorized in Section 31-4318, Idaho Code, to the fund, and providing notice of the election, conduct of the election, and canvass of the returns, and providing that the question is approved upon a majority vote, and providing that approval or rejection of the question shall not prohibit submission in a sub sequent election of additional levies for additional time, provided that such levies do not exceed the levy author ized in Section 31-4318, Idaho Code; and declaring an emergency. S. 1016 By JUDICIARY AND RULES COMMITTEE AN ACT Relating to political parties, repealing Chapter 228, Laws of 1970; declaring an emergency and providing for a retroactive application.
[January 19
SENATE JOURNAL
S. 1017 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 58-1003, Idaho Code, relating to the Idaho State Commission on Federal Land Laws, by providing that the Governor may appoint members to fill vacancies, providing additionally that the Governor may request a member to resign and limiting the number of requests to resign that the Governor may make in any one fiscal year; amending Section 58-1004, Idaho Code, relating to Commission business, by providing that the Commission shall organize each two years on July 1, after the first meeting; amending Section 58-1006, Idaho Code, relating to members, by providing that the mem bers shall serve at the Governor’s pleasure, subject to the restrictions imposed by Section 58-1003, Subsection (c), Idaho Code; reappropriating any unexpended moneys made by Section 8, Chapter 297, Laws of 1969, to the Idaho State Commission on Federal Land Laws for the fiscal period ending June 30, 1972. S. 1013 was introduced, read the first time at length and referred to the State Affairs Committee. S. 1014, S. 1015, S. 1016 and S. 1017 were introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. Miscellaneous Business On motion by President Pro-Tempore, seconded by Senator Evans, the Senate recessed until 1:30 o’clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present except Senator Steen, excused. Prior to recess the Senate was at the Fifteenth Order of Business. Miscellaneous Business Senator Rigby arose on a point of personal privilege to introduce former Senator Kenneth Thatcher from Madison County to the members and guests of the Senate, at which time he spoke a few words to the Senate. The President thanked and welcomed the former Sena tor to the Senate Chamber. There being no objection, the Senate returned to the Sixth Order of Business. Reports of Standing Committees January 19, 1971. The STATE AFFAIRS Committee reports out S. 1004 with the recommendation that it do pass. SUMMERS, Chairman. S. 1004 was filed for second rending. Messages from the House January 19, 1971.
Mr. President: I transmit herewith H.C.R. 3 which has passed the House. FITZWATER, Chief Clerk. H.C.R. 3 was referred to the Tenth Order of Business. Motion and Resolutions The following Resolution was read at length by the Secretary: 1I.C.R. 3 By CRAPO AND WILLIAMS A CONCURRENT RESOLUTION Providing insurance for members and the employees
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during the period of two years, commencing Januar 11, 1971. Be It Resolved by the Legislature of the State of Idaho: BE IT RESOLVED, by the House of Representatives the Senate of the Forty-first Idaho Legislature concurring as follows: There shall be paid out of the monies provided for tb expenses of the Forty-first Idaho Legislature: (a) Such sum or sums as may be necessary to pa; the premiums upon life, accidental death and dismem berment insurance for the members of the Legislatur for the period two years, commencing January 11, 1971 and, (b) Such sum or sums as may be necessary to pa; the premiums for hospital, medical, surgical and majo medical insurance for members of the Legislature whil in session during the two year period commencin January 11, 1971; and, (c) Such sum or sums as may be necessary to pa; the premiums upon life, accidental death, dismember ment, hospital, medical, surgical and major medical bene fits of employees of the Legislature for the period o their employment during the two year period commencinj January 11, 1971. H.C.R. 3 was ordered held at the desk for two legis lative days. Moved by Senator Kidwell, seconded by Senator Evan that all rules of the Senate interfering with the immediat consideration of H.C.R. 3 be suspended. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Browi Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, BIb worth (20), Ellsworth (30), Evans, Fredericksen, Higi Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mb Murphy, Peavey, Rigby, Saxvik, Solberg, Stoicheff, Sun mers, Swenson, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused Steen. Total—i. Total—35. More than two-thirds having voted in the affirmativ the President declared the rules suspended and that H.CJ 3 was now before the Senate for consideration. Moved by Senator Kidwell, seconded by Senator Evam that H.C.R. 3 be adopted. The question being, “Shall the Resolution be adopted? Roll call resulted as follows: AYES Allen, Bilyeu, Bivens, Brassey, Brown, Budg Cobbs, Crookham, Egbert, Ellsworth (20), Ellsworth (30 Evans, Fredericksen, High, Kidwell, Klein Manley, Mar ning, Miller, Mitchell, Mix, Murphy, eavey, Rigb3 Saxvik, Solberg, Steen, Swenson, Williams, Yarbrougf Total—30. NAYS Barker, Chase, Crutcher, Stoicheff. Total—i Absent and excused Summers. Total—i. Total—35. Whereupon the President declared H.C.R. 3 adopted. Title was approved and the Resolution ordered returne to the House. Introduction, First Reading and Reference of Bills S. 1018 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 34-501, Idaho Code, relating to pout cal parties, by changing the number of candidates r —
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SENATE JOURNAL luired listed at the last General Election from three to wo, and by changing the number of qualified electors ignatures on a petition from ten per cent to five per ent. S. 1019 By STATE AFFAIRS COMMITTEE AN ACT Relating to the investment of permanent funds, amend ng Section 57-718, Idaho Code, by adding the State Treas trer as a member of the Investment Board; and provid ng an effective date. S. 1018 and 5. 1019 were introduced, read the first ime at length and referred to the Judiciary and Rules ommittee for printing. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, see rnded by Senator Evans, the Senate adjourned until 10:00 ‘clock a.m., Wednesday, January 20, 1971. JACK MURPHY, President. ttest: ARTHUR WILSON, Secretary.
TENTH LEGISLATIVE DAY WEDNESDAY, JANUARY 20, 1971 Senate Chamber, Boise, Idaho, January 20, 1971. President Murphy called the Senate to order at 10:00 )‘clock a.m. Roll call showed all members present. The following prayer was offered by Chaplain Newell forgan: Our Father, God, Creator of earth and heaven, of the )eoples of the earth, we are indeed most fortunate. This e acknowledge in great gratitude. Freedom, security, tecision making self-government, Father, are among our nany great blessings. For these and so many other rich )lessmgs we thank Thee. We thank Thee, for the wise, visionary, astute found ng fathers who framed the government of this great tnd good land. As they were led by Your Spirit may ach of us as willingly assume the responsibilities that o with citizenship in a democracy. May the citizens of his state expect no more of their elected state leaders ;han they expect of themselves. May each of us as citi :ens be as willing to sacrifice for self-government as are hese we elect. Do help these persons today and in each day of these essions to be adequate for all the demand placed upon hem in their elected office. We place them in Your care and keeping. In Christ’s Holy Name, Amen. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports hat the Senate Journal of the proceedings of Tuesday, lanuary 19, 1971 was read and approved as corrected. KLEIN, Chairman. Report adopted. Reports of Standing Committees January 20, 1971. The JUDICIARY AND RULES Committee reports that
January 20)
S. 1014, 5. 1015, S. 1016, S. 1017, S. 1018 and S. 1019 have been correctly printed. KLEIN, Chairman. S. 1014 was referred to the Labor and Economic De velopment Committee. S. 1015 was referred to the Local Government and Tax ation Committee. 5. 1016 was referred to the Judiciary and Rules Com mittee. 5. 1017, S. 1018 and S. 1019 were referred to the State Affairs Committee. Second Reading of Bills S. 1004, by Judiciary and Rules Committee, was read the second time at length and filed for third reading. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec onded by Senator Evans, the Senate recessed until 1:30 o’clock p.m. this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present. Prior to recess the Senate was at the Fifteenth Order of Business. There being no objection, the Senate returned to the Sixth Order of Business. Reports of Standing Committees January 20, 1971. The STATE AFFAIRS Committee reports out 5. 1017 with the recommendation that it do pass. SUMMERS, Chairman. S. 1017 was filed for second reading. Messages from the Governor STATE OF IDAHO Office of the Governor BOISE January 18, 1971 Honorable Jack Murphy President of the Senate Senate Chamber Building Dear Mr. President: I have the honor to inform you that since the Legisla ture last met Mr. Kenneth Anderson was appointed to the Soil Conservation Commission. This appointment was made subject to confirmation by the Senate and notice of appointment is hereby appro priately given. Sincerely, Is! CECIL D. ANDRUS Governor The Gubernatorial appointment was referred to the State Affairs Committee. Messages from the House January 20, 1971. Mr. President: I transmit herewith H. 10 which has passed the House. FITZWATER, Chief Clerk. H. 10 was filed for first reading.
[January 21
SENATE JOURNAL
Introduction, First Reading and Reference of Bills S. 1020 By LOCAL GOVERNMENT AND TAXATION COMMfl1EE AN ACT Amending Section 63-202, Idaho Code, relating to rules and regulations pertaining to market value, by provid ing current earning capacity shall be a factor when de termining market value. S. 1020 was introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. H. 10, by Health and Welfare Committee, was intro duced, read the first time at length and referred to the Health, Education and Welfare Committee. Miscellaneous Business On motion by Senator Kidwell, seconded by Senator Mix, the Senate adjourned until 10:00 o’clock n.m., Thurs day, January 21, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
ELEVENTH LEGISLATIVE DAY THURSDAY, JANUARY 21, 1971 Senate Chamber, Boise, Idaho, January 21, 1971. President Murphy called the Senate to order at 10:00 o’clock a.m. Roll call showed all members present except Senator Kidwell, excused. The following prayer was offered by Chaplain Newell Morgan: Our Father in heaven, for Your ever present love we thank Thee. When we ponder the dark clouds of uncer tainty in the Far East, in the Near East, and even in our own great land, help us to keep up our own personal courage. May we learn to keep our eyes more firmly upon Thee. For those who must make decisions in our National and State governments, we ask Your wisdom and guid ance. Do bless this day our President, Vice-President and each member of our National Congress. Be also with our Governor, Lt. Governor, Senators and Representatives. Keep us ever resolute in striving for the things for which so many of our men gave their lives in battle. Let us not throw away their sacrifice. In the Name of Jesus Christ, Amen. Reports of Standing Committees January 21, 1971. The JUDICIARY AND RULES Committee reports that S. 1020 has been correctly printed. KLEIN, Chairman. S. 1020 was referred to the Local Government and Taxation Committee. January 20, 1971. The JUDICIARY AND RULES Committee reports out S. 1016 with the recommendation that it do pass. KLEIN, Chairman. 5. 1016 was filed for second reading.
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Motions and Resolutions The President announced that S.J.M. 101 was befor the Senate for consideration. On motion by Senator Peavey, seconded by Senato] Egbert, S.J.M. 101 was adopted. Title was approved an the memorial ordered transmitted to the House. Second Reading of Bills S. 1017, by State Affairs Committee, was read th second time at length and filed for third reading. Third Reading of Bills S. 1004 was read the third time at length, section b section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bi1yeu, Bivens, Brown, Budge Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20) Ellsworth (30), Evans, Fredericksen, High, Klein, Manley Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby Solberg, Steen, Stoicheff, Summers, Swenson, Williams Yarbrough. Total—32. NAYS—None. Absent and excused—Brassey, Kidwell, Saxvik. Tota -3. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitte to the House. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec onded by Senator Evans, the Senate recessed until 1:3 o’clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuan to recess, President Murphy presiding. Roll call showed all members present except Senato: Manley, excused. Prior to recess the Senate was at the Fifteenth Orde: of Business. There being no objection, the Senate returned to th Third Order of Business. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports tha the Senate Journal of the proceedings of Wednesday, Jan uary 20, 1971 was read and approved as corrected. KLEIN, Chairman. Report adopted. Messages from the House January 21, 1971. Mr. President:
I transmit herewith H. 5 and return herewith S.C.R. 10 which have passed the house. FITZWATER, Chief Clerk. H. 5 was filed for first reading. S.C.R. 103 was referred to the Judiciary and Rules Corn mittee for enrolling. January 21, 1971. Mr. President: I transmit herewith Enrolled H.C.R. 3 which has bee: signed by the Speaker. FITZWATER, Chief Clerk.
SENATE JOURNAL The President announced he was about to sign Enrolled .C.R. 3 and, when so signed, ordered it returned to the ouse. Introduction, First Reading and Reference of Bills S. 1021 By TRANSPORTATION COMMITTEE AN ACT Amending Section 37-2504, Idaho Code, relating to tbeling of petroleum products, by providing that gaso ne must be identified by octane rating. S. 1022 By COMMERCE AND BANKING. COMMITTEE AN ACT Amending Section 594302, Idaho Code, relating to defi itions used in the Public Employee Retirement Act, by briking in Subsection (2) the requirement that an active tember must be an employee who has completed at least velve months of service, permitting membership for an nployee receiving benefits from another system with mitations and defining prior service to include certain tembers heretofore not allowed such service; Amending ection 59-1303, Idaho Code, by striking the provision that )ntnbutions shall begin after one year of service and roviding that certain officials may contribute toward the st of benefits while remaining in office after being Ligible for service retirement; amending Section 59-1306, laho Code, by striking time limitations for issuance of a todified prior service certificate; amending Section 59307, Idaho Code, by providing that a member may re istate membership within ten years by repayment of cumulated contributions to the retirement fund within iro years after again becoming an employee; amending ection 59-1310, Idaho Code, by reducing the period of igibility for vested retirement from ten years to five ears; amending Section 59-1314, Idaho Code, to pro ide that certain inactive members with less than five ears of membership shall receive a separation benefit itomatically ten years after becoming an inactive mem er; amending Section 59-1316, Idaho Code, by providing tat an employer may submit a request for postponement retirement of an employee; amending Section 59-1319, laho Code, to provide for computation of prior service tirement allowance based upon percentages of a mem er’s annual salary on the date of establishment, if any, bherwise the salary in effect for the first twelve months fter employment for an employer and further providing eat the computation of a disabled service retirement [lowance shall in part be based on the amount of final )ntribution or the average of contributions made during te preceding twelve months at the discretion of the board; mending Section 59-132 1, Idaho Code, by providing that on after July 1, 1971, the annual amount of early retirement [lowance payable to any member not classified as a police ilcer or fireman shall equal the accrued portion of the ser ce retirement allowance provided such member as thirty ears or more of credited service and is within five years of cing eligible for service retirement and further providing tat on or after July 1, 1971, the annual amount of early mtirement allowance payable to any member classified as )hce officer or fireman shall equal the accrued portion the service retirement allowance provided such member en twenty-five years or more of credited service and is ithin five years of being eligible for service retirement ad provided further that except as otherwise provided te annual amount of early retirement allowance pay 1e to any member shall equal the actuarial equivalent the accrued portion of the early retirement allowance; nending Section 59-1324, Idaho Code, to include an in mtive member eligible to receive a retirement allowance ad eliminating the requirement for an active member or member receiving a disability retirement allowance to within ten years of being eligible for service retirement the time of death in order for a surviving spouse to
January 21]
elect receiving a monthly allowance in lieu of any death benefit otherwise payable; amending Section 59-1327, Idaho Code, by changing the professional designation for qualification of the actuary to be retained by the board; amending Section 59-1329, Idaho Code, by striking the word “secretary” and inserting in lieu thereof the word “director” and striking the word “third” and inserting in lieu thereof the word “fourth”; amending Section 594332, Idaho Code, by providing for collection of delinquencies if any employer fails to remit contributions within thirty days after the date due; repealing Section 59-1335, Idaho Code; amending Chapter 13, Title 59, Idaho Code, by add ing a new Section 59-1335, Idaho Code, providing that revision of benefits shall be prospective only unless other wise specifically provided by statute; and providing an effective date. S. 1023 By MURPHY AN ACT Providing a declaration of public policy; providing definitions; and providing that it shall be the mutual obligation of a public employer and the representative of its employees to meet at reasonable times and confer in good faith with respect to employment relations, negotiations of agreements, and any question arising thereunder, and the execution of a written contract incorporating any agreement reached if requested, and providing that this obligation does not compel agreement or require making a concession. S. 1021 and S. 1022 were introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. S. 1023 was introduced, read the first time at length and referred to the State Affairs Committee. Miscellaneous Business The President announced he had appointed the follow ing members to Special Committees: SENATE COMMITTEES HOSPITALITY COMMITTEE: Sen. William Crookham, Chairman Sen. Robert Saxvik PHOTOGRAPH COMMITTEE: Sen. Lyle R. Cobbs, Chairman Sen. J. Wilson Steen Sen. Neil J. Miller LINCOLN DAY COMMITTEE: Sen. John T. Peavey, Chairman Sen. Joe F. Allen MEMORIAL DAY COMMITTEE: Sen. J. Wilson Steen, Chairman Sen. Joe F. Allen Sen. Charles E. Bilyeu DECORUM COMMITTEE: Sen. Fisher Ellsworth, Chairman Sen. Leon H. Swenson Sen. Mike P. Mitchell CAPITOL PLANNING COMMITTEE: Sen. V. K. Brassey, Chairman Sen. James F. Stoicheff On motion by President Pro-Tempore Ellsworth, sec onded by Senator Evans, the Senate adjourned until 10:00 o’clock a.m., Friday, January 22, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
:January 22
SENATE JOURNAL TWELFTH LEGISLATIVE DAY FRIDAY, JANUARY 22, 1971
Senate Chamber, Boise, Idaho, January 22, 1971. President Murphy called the Senate to order at 10:00 )‘cloCk a.m. Roll call showed all members present except Senators Brassey, Ellsworth (20), and Murphy, excused. The following prayer was offered by Chaplain Newell 4organ: O Lord God, Maker of Heaven and Earth, our standing n Thy Presence is in acknowledgment of our love for Phee. Order our day for us. May it be a day of harmony, ichievement and success. Thou dost know the secrets that will make Thy world, or Thou are the Way. Take us by the hand, lead us in ;he best way toward the goal of great good for all. Give to the leaders of our State the inspired ideas that ;hall lead this State in making this country great. May he American dream come true. Through Jesus Our Lord, Amen. Reports of Standing Committees January 22, 1971. The JUDICIARY AND RULES Committee reports that 1021 and S. 1022 have been correctly printed. KLEIN, Chairman. S. 1021 was referred to the Transportation Committee. S. 1022 was referred to the Commerce and Banking Dommittee. January 22, 1971. The JUDICIARY AND RULES Committee reports that .C.R. 103 has been correctly enrolled. KLEIN, Chairman. The President announced he was about to sign Enrolled .C.R. 103 and, when so signed, ordered it transmitted to the House for the signature of the Speaker. Introduction, First Reading and Reference of Bills H. 5, by Agricultural Affairs Committee, was introduced, read the first time at length and referred to the Agricul ;ural Affairs Committee. S 1024 By CROOKHAM AN ACT Providing that commencing on January 1, 1973, one ialf the market value of residential improvements shall e exempt from ad valorem taxation, providing that one iaif the market value of residential improvements means me-half the market value of improvements to real prop rty used as dwelling houses, providing duties of the Lssessor for the purposes of this section, and providing luties of the State Tax Commission. S. 1024 was introduced, read the first time at length md referred to the Local Government and Taxation Com imittee. Second Reading of Bills 5. 1016, by Judiciary and Rules Committee, was read ;he second time at length and filed for third reading. .
Third Reading of Bills On request by Senator Bivens, granted by unanimous onsent, S. 1017 retained its place on the Third Reading Dalendar until Monday, January 25, 1971.
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Miscellaneous Business Senator Kidwell arose on a point of personal privilege to announce that Senator Murphy had been appointed to represent Governor Andrus while attending the funeral of Howard Sims, former member of the Senate. On request by Senator Kidwell, granted by unanimous consent, the following telegram was spread upon the pages of the Journal: Mrs. Howard Sims and family: Salmon, Idaho Senator James Ellsworth, President Pro-Tempore of the Senate, has been appointed to represent the President and members of the Senate while attending the funeral of Howard Sims. He has been directed to personally express to the family the sympathy of the Senate. JACK M. MURPHY, Lieutenant Governor. On motion by Senator Kidwell, seconded by Senator Evans, the Senate recessed until 1:30 o’clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present except Senators Ellsworth (20), Murphy, and Rigby, excused. Prior to recess, the Senate was at the Fifteenth Order of Business. There being no objection, the Senate returned to the Third Order of Business. Rending and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Thursday, January 21, 1971 was read and approved as corrected. KLEIN, Chairman. Report adopted. Presentation of Petitions, Resolutions and Memorials The following memorial was read at length by the Secretary: S.J.M. 102 By RESOURCES AND ENVIRONMENT COMMITTEE A JOINT MEMORIAL To the President of the United States, the Honorable Senate and the House of Representatives in congress assembled, and the Honorable Congressional delegation representing the state of Idaho in the Congress of the United States. We, your Memorialists, the Senate and the House of Rep resentatives of the state of Idaho assembled in the First Regular Session of the Forty-first Idaho Legislature, do hereby respectfully represent that: WHEREAS, clean air and clean water are a right of all citizens of this great United States, and WHEREAS, the threat to our environment has placed upon all states a financial burden of crisis proportion, and WHEREAS, the federal government has national juris diction and vast technological resources unavailable to in dividual states, and has the power to divert the necessary funds for environmental improvement. NOW, THEREFORE, BE IT RESOLVED by the First Regular Session of the Forty-first Idaho Legislature, the Senate and House of Representatives concurring, that we most respectfully urge the Congress of the United States of America to give environmental quality a higher priority and make available to the several states the funds that would make possible immediate improvement in pollution abatement programs which are now in existence or which may come into existence.
SENATE JOURNAL BE IT FURTHER RESOLVED that the Secretary of e Senate be, and he is hereby authorized and directed to Drward certified copies of this Memorial to the President f the United States, the leadership of the Senate and [ouse of Representatives of Congress, and to the Senators nd Representatives representing this state in the Con ress of the United States. S.J.M. 102 was referred to the Judiciary and Rules Corn ilttee for printing. Reports of Standing Committees January 22, 1971. The LOCAL GOVERNMENT AND TAXATION Corn iittee reports out S. 1005 and S. 1015 with the recommen ation that they do pass. BROWN, Chairman. 5. 1005 and S. 1015 were filed for second reading. The STATE AFFAIRS Committee reports they have ad under consideration the Gubernatorial appointment f John Bender as Commissioner of Law Enforcement to erve at the pleasure of the Governor and recommend con nnation by the Senate. SUMMERS, Chairman. The Gubernatorial appointment was referred to the enth Order of Business, Motions and Resolutions, and rdered held at the desk for one legislative day. Messages from the Governor STATE OF IDAHO Office of the Governor BOISE January21, 1971 [onorable Jack Murphy ‘resident of the Senate enate Chamber uilding )ear Mr. President: I have the honor to inform you that I have appointed Ir. Fred H. Garrett of Boise as Director of the Depart tent of Employment. This appointment was made subject to confirmation y the Senate and notice of appointment is hereby appro riately given. Sincerely, /5/ CECIL D. ANDRUS Governor The Gubernatorial appointment was referred to the tate Affairs Committee. Messages from the House January 22, 1971. Ir. President: I return herewith Enrolled S.C.R. 103 which has been igned by the Speaker. FITZWATER, Chief Clerk. Enrolled S.C.R. 103 was referred to the Judiciary and ules Committee for transmittal to the Secretary of State. January 22, 1971. fr. President: I transmit herewith H. 2 which has passed the House. FITZWATER, Chief Clerk. H. 2 was filed for first reading. Introduction, First Rending and Reference of Bills II. 2, by Williams, was introduced, read the first time t length and referred to the Local Government and Taxa ion Committee.
January 25]
Miscellaneous Business On motion by Senator Kidwell, seconded by Senator Evans, the Senate adjourned until 10:00 o’clock a.m., Monday, January 25, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
FIFTEENTH LEGISLATIVE DAY MONDAY, JANUARY 25, 1971 Senate Chamber, Boise, Idaho, January 25, 1971. President Murphy called the Senate to order at 10:00 o’clock a.m. Roll call showed all members present except Senator Fredericksen, excused. The following prayer was offered by Chaplain Newell Morgan: Our Lord and Our God, with the fullness of a new day and a new week before us, we ask Your Divine guidance to guide each of us that we shall make the most of every opportunity. We thank Thee for the trust of selfgovernment. Make clear to each of these who labor as Senator and Lt. Governor the steps they shall take to administer their responsibilities. Help them to see where duties lie. Give them wisdom in all their choices that lead to decisions and conclusions. Help them that not in haste, not in hesitation, but in decisive, wise procedure they move for ward in their work of lawmaking. With straight forwardness, open mindedness, compas sion for each other, the understanding of facts, wisdom made clear by debate, help them, Father, that this day will be a decisive day, pleasing to all by what it produces. In Christ’s Name, Amen. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Friday, January 22, 1971 was read and approved as corrected. KLEIN, Chairman. Report adopted. Reports of Standing Committees The JUDICIARY AND RULES Committee reports that S.C.R. 103 was delivered to the Secretary of State at 3:10 p.m. on January 22, 1971. KLEIN, Chairman. The President ordered the report filed in the office of the Secretary of the Senate. January 25, 1971. The JUDICIARY AND RULES Committee reports that S.J.M. 102 has been correctly printed. KLEIN, Chairman. S.J.M. 102 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the desk for two legislative days. January 25, 1971. The STATE AFFAIRS Committee reports out S.J.R. 101 with the recommendation that it do pass. SUMMERS, Chairman. S.J.R. 101 was filed for second reading.
[January 25
SENATE JOURNAL Messages from the House January 25, 1971.
Mr. President: I transmit herewith H. 7, H. 14, and II. 15 which have passed the House. FITZWATER, Chief Clerk. H. 7, H. 14 and H. 15 were filed for first reading. Motions and Resolutions On motion by Senator Manley, seconded by Senator Murphy, the Gubernatorial appointment of Mr. John Bender as Commissioner of Law Enforcement, was con firmed. The President directed the Secretary of the Senate to prepare for his signature, the Gubernatorial appointment confirmation, attested to by the Secretary, to be trans mitted to the Governor informing him of the action of the Senate. Introduction, First Reading and Reference of Bills H. 7, by Health and Welfare Committee, was introduced, read the first time at length and referred to the Health, Education and Welfare Committee. H. 14 and H. 15, by Local Government Committee, were introduced, read the first time at length and referred to the Local Government and Taxation Committee. Second Reading of Bills S. 1005 and S. 1015, by Judiciary and Rules. Committee, were read the second time at length and filed for third reading. Third Reading of Bills On request by President Pro-Tempore Ellsworth, granted by unanimous consent, S. 1017, by State Affairs Committee, was recommitted to the Finance Committee. S. 1016 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Swenson, Wil liams, Yarbrough. Total—33. NAYS—None. Absent and excused—Frcdericksen, Summers. Total—2. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. Miscellaneous Business On motion by Senator Kidwell, seconded by Senator Evans, the Senate recessed until 1:30 o’clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present except Senators Fredericksen, Mix and Saxvik, excused. Prior to recess the Senate was at the Fifteenth Order of Business. There being no objection, the Senate returned to the Sixth Order of Business. Reports of Standing Committees The STATE AFFAIRS Committee reports they have had —
under consideration the Gubernatorial appointments listE below and recommend that said appointments be confirmE by the Senate. Mr. Bartlett Brown, Commissioner of Labor to ser at the pleasure of the Governor. Mr. L. Clark Hand, Superintendent of State Police I serve at the pleasure of the Governor. Mr. Fred Charlton, Commissioner of the State Liquc Dispensary to serve at the pleasure of the Governor. Mr. Robert DeShazo, acting Commissioner of Publ: Works, to serve at the pleasure of the Governor. Mr. Ted Cramer, acting State Purchasing Agent, I serve at the pleasure of the Governor. Mr. Bill Child, acting Director of the Department Public Assistance, to serve at the pleasure of the Gove: nor. SUMMERS, Chairman. to tl appointments were referred The Gubernatorial Tenth Order of Business, Motions and Resolutions, as ordered held at the desk for one legislative day. Messages from the Governor STATE OF IDAHO Office of the Governor BOISE January 22, 1971 The Honorable Jack M. Murphy President of the Senate Statehouse Boise, Idaho The Honorable William J. Lanting Speaker of the House of Representatives Statehouse Boise, Idaho Gentlemen: This is to inform you of my growing concern aboi rising unemployment in our state and the increasing nun ber of Idaho workers who have exhausted their currei entitlement to unemployment insurance benefits. Idaho has an extended benefit provision that could 1 used to assist these workers who have exhausted the benefits and are still unemployed. However, Congress r cently passed legislation making necessary certain amen ments to state unemployment insurance laws. It requir that all states participate in a Federal-State Extendc Benefit Program beginning January 1, 1972. States whic have Extended Benefit provisions meeting the new stai dards, or which amend their laws to meet these standarc prior to January 1, 1972, can participate in the 50-50 co sharing provisions of the Federal act prior to that tim With prompt amendment of our present law, extenth benefits could be paid under the cost sharing provision saving the tax paying employers of Idaho at least $500,0C this year. My administration has submitted to the Legislature bill prepared by the Department of Employment to repe the present provisions and enact the provisions of tI new Federal-State extended benefit program. Enactmei of this legislation, which has an emergency provisio would allow us to begin payments to these individua under the cost sharing provisions. The Department of Employment informs me that ti required rates of unemployment prescribed in the propos legislation will be met this week. Approximately 2,0( Idaho workers will be eligible for these benefits. The D partment is prepared to process claims and pay benefits: accordance with these provisions. I consider prompt enactment of this legislative propos to be of utmost importance, first to the welfare of tho
SENATE JOURNAL unemployed persons and then to the economy of the State. I will appreciate your efforts and cooperation in getting favorable action as soon as possible. Cordially yours, Is! CECIL D. ANDRUS Governor The President ordered the message from the Governor filed in the office of the Secretary of the Senate. Introduction, First Reading and Reference of Bills S. 1025 By LOCAL GOVERNMENT AND TAXATION COMMITTEE AN ACT Amending Section 63-105D, Idaho Code, relating to property exempt from taxation, by changing the require ment for qualification from $3,600 of net income from all sources to $3,600 taxable income, and by providing that the Board of Equalization may grant exemptions to persons in cases of extreme hardship; declaring an emer gency and providing for retroactive application. S. 1025 was introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. Miscellaneous Business Senator Steen arose on a point of personal privilege to announce the Memorial Day services in the Senate will be held February 2, 1971. Senator Murphy arose on a point of personal privilege to express appreciation from the family for the attendance and expression of sympathy at the funeral of former State Senator, Howard Sims. President Pro-Tempore Ellsworth represented Lt. Gov ernor Murphy and members of the Senate, and Senator Murphy was the official representative for Governor Andrus at the services for Mr. Sims. On motion by Senator Kidwell, seconded by Senator Crutcher, the Senate adjourned until 10:00 o’clock a.m., Tuesday, January 26, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
SIXTEENTH LEGISLATIVE DAY TUESDAY, JANUARY 26, 1971 Senate Chamber, Boise, Idaho, January 26, 1971. President Murphy called the Senate to order at 10:00 o’clock a.m. Roll call showed all members present except Senator Brassey, excused. The following prayer was offered by Chaplain Newell Morgan: We thank Thee, Our Lord God, for men and women who are willing and desire a time of prayer as they begin today’s Senate session. We know that You will not fail them; their day will be better for having spent time with Thee. Our Father, God, when these persona feel overwhelmed 1y the very weight and magnitude of the problems they race, when they feel discouraged, confused and put upon, pen doors before them that they may see more clearly the way to go.
January 26]
Just as you have worked through men and women of the past to make of the American peoples a great nation may these, who stand before You, with open hearts, minds and yielded wills, be used by You this day and the days to come, to find solution to the problems of our land. In Jesus’ Name, Amen. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Monday, January 25, 1971 was read and approved as corrected. KLEIN, Chairman. Report adopted. Presentation of Petitions, Resolutions and Memorials The following resolutions were read at length by the Secretary: S.R. 101 By JUDICIARY AND RULES COMMITTEE A RESOLUTION Providing for printing the Senate Journal and fixing the price for printing the same. Be It Resolved by the Senate of the State of Idaho: WHEREAS, Section 67-509, Idaho Code, has made provisions for the printing of the Legislative Journal, NOW, THEREFORE, in accordance with a written contract duly made and entered into by the Judiciary and Rules Committee of the Senate, BE IT RESOLVED, by the Senate of the First Regular Session of the Forty-first Idaho Legislature, that the contract for the printing of the Senate Journal in accord ance with the provisions of law and in accordance with the written contract between the Judiciary and Rules Committee of the Senate as party of the first part, and SYMS-YORK COMPANY, of Boise, Idaho, as party of the second part, be, and the same is hereby ratified and confirmed, and is incorporated herein and made a part of this resolution, in words and figures following, to-wit: PRINTING CONTRACT THIS AGREEMENT, made and entered into this 5th day of December, 1970, by and between the Judiciary and Rules Committee of the Senate of the Forty-first Session of the Legislature of the State of Idaho, herein after mentioned as party of the first part, and SYMS YORK COMPANY, of Boise, Idaho, hereinafter men tioned as party of the second part; WITNESSETH: That pursuant to a resolution of said party of the first part and written bids submitted to the said committee by party of the second part, contract for legislative printing is hereby awarded to the said SYMS-YORK COMPANY, as follows: DAILY JOURNAL 350 copies $17.75 per column Additional 100 copies $.70 per column Said copies to be distributed as directed by the chairman. PERMANENT JOURNAL 275 copies $11.25 per column Index pages $22.30 per page IT IS AGREED, by the parties hereto that all of said printing shall be done in the form and manner, and upon such suitable material as is now required by the statutes of the state of Idaho; where not otherwise herein provided, such statutes shall be controlling, and par ticularly as to the printing of Legislative Journals, the same shall be printed in conformity with Section 67-509, Idaho Code, which section is hereby referred to and by reference made a part of this contract as though set forth herein at length; that the number of copies to be supplied under this contract may from time to time be determined by the party of the first part; and that all
[January 26
SENATE JOURNAL
other terms of the specifications for Senate Journals of the first party shall be complied with as though set forth herein at length. IT IS AGREED, that in the printing of the Senate Journal, the same shall be delivered daily on the desk of the Secretary of the Senate not later than the hour of 9 o’clock a.m. on each day; provided, that the party of the second part shall not be responsible in this respect, in cases of unreasonable delay in furnishing copy for such printing to the party of the second part. IT IS FURTHER AGREED, that the final page proof of the permanent printed Journal shall be delivered to the Secretary of the Senate not later than twenty (20) days from the date of receipt of the approved proof of the Permanent Journal Index, and that for each day’s failure to so deliver, there shall be deducted from the contract price for printing said Journal the sum of $50.00 per day for each day’s delay. The party of the second part further covenants and agrees, immediately upon the execution of this agree ment, to deliver to party of the first part good and sufficient surety bond in the manner and form, and with a surety acceptable to party of the first part, in the sum of Five Thousand Dollars ($5,000.00), guaranteeing the satisfactory and faithful performance by the party of the second part of all the conditions and covenants of this contract. IN WITNESS WHEREOF, the party of the second part has caused these presents to be executed by its proper official and the said party of the first part, by Senate Resolution, has caused these presents to be exe cuted by its proper officials. Judiciary and Rules Committee By: EDITH MILLER KLEIN, Clim. Party of the first part SYMS-YORK COMPANY By: KARL W. BONHAM Party of the second part. S.C.R. 104 By JUDICIARY AND RULES COMMITTEE A CONCURRENT RESOLUTION Providing for offset printing Senate and House Bills, Resolutions and Memorials, and fixing the price for print ing the same. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, the Joint Printing Committee of the Senate Judiciary and Rules Committee and the House Printing and Legislative Expense Committee has, according to law, made provisions for the offset printing of the House and Senate Bills, Resolutions and Memorials; NOW, THEREFORE, in accordance with a written con tract duly made and entered into by the Joint Printing Committee of the Senate Judiciary and Rules Committee and the House Printing and Legislative Expense Com mittee. BE IT RESOLVED by the Legislature of the First Regular Session of the Forty-first Idaho Legislature, the Senate. the House of Representatives concurring, that the contract for the offset printing of the Senate and House Bills, Resolutions and Memorials, in accordance with the provisions of law and in accordance with the written con tract between the Joint Printing Committee as party of the first part, and COMET PRINTING AND LITHOG RAPHY COMPANY, Boise, Idaho, as party of the sec ond part, be, and the same is hereby ratified, confirmed and concurred in, and is incorporated herein and made a part of this resolution in words and figures following, towit: AGREEMENT THIS AGREEMENT, made and entered into this 11th day of January, 1971, by and between the JOINT PRINT ING COMMITTEE of the SENATE JUDICIARY AND
RULES COMMITTEE and the HOUSE PRINTING AI LEGISLATIVE EXPENSE COMMITTEE of the Fort first Legislature, hereinafter referred to as the Joi Committee, and COMET PRINTING AND LITH( GRAPH COMPANY, a corporation hereinafter referr to as Comet. WITNESSETH: That pursuant to a resolution of the Joint Committ and written bids submitted to and considered by the Joi Committee, a contract of legislative printing is herel awarded to Comet for the 1st regular session of the Fort first Legislature upon the following terms and condition 1. That Comet will utilize an offset process fro “Camera Ready” copies as those terms are used and re ognized in the trade, to print Senate and House Bil, Resolutions and Memorials. 2. That Comet concurrently with the execution of tl contract, deliver to the Joint Committee a good and sui cient surety bond in the manner and form, and with surety acceptable to the Joint Committee, in the sum Five Thousand Dollars ($5,000.00), guaranteeing the sat factory and faithful performance by Comet of all t terms and conditions of this contract. 3. That Comet will maintain at all times a high stan ard of workmanship to the end that all printing will neat, clean, legible and with adequate contrast betwe print and paper to be easily read. 4. That Comet will produce all bills, resolutions ai memorials with line and page numbering. 5. That Comet will insure that all bills, resolutions a memorials will have neat and proper underlining, strih overs and deletions and that the paper used will be pro erly punched and sized. 6. That for the purposes of this contract, all printii will be received from and delivered to the Director of t Legislative Council or his designee. 7. That Comet will deliver all standard lot print material conforming to the above requirements with twenty-four (24) hours from the receipt thereof, unle prior arrangements have been made. 8. Upon failure to deliver such bills in the manner a within the time herein specified, this contract may deemed terminated forthwith at the option of the Joi Committee and recourse had against Comet bond. 9. That a standard lot of printed material will be 0: Thousand (1000) copies of individual bills, resolutions memorials at a cost of Eleven Dollars and Forty Cer ($11.40) per printed page. Additional copies may be c tamed by the Joint Committee or any other person in lc of One Hundred (100) or any lesser number ordered, a cost of Seventy Cents ($.70) per printed page, upon t condition that Comet be notified of the exact numb more or less than One Thousand (1000) prior to concurrently upon receipt of the bills, resolutions memorials by Comet. In the event less than One Thousand (1000) copies a ordered, a credit of Seventy Cents ($.70) per print page will be allowed for each One Hundred (100) copi and will be deducted from the standard lot price of Elev Dollars and Forty Cents ($11.40). 10. That Comet will pick up “Camera Ready” copy least twice daily of each day that the legislature is session. IN WITNESS WHEREOF, the parties hereto ha hereunder set their hands as of the day and year fri above written. SENATE JUDICIARY AND RULES COMMITTI By EDITH MILLER KLEIN, Chafrm HOUSE PRINTING AND LEGISLATI EXPENSE COMMITTI Br ADEN HYDE, Chairm COMET PRINTING AND LITHOGRAPH COMPAI By KENNETH R. REIMAN, PresidE
SENATE JOURNAL S.R. 101 and S.C.R. 104 were referred to the Judiciary
rnd Rules Committee for printing. Reports of Standing Committees January 26, 1971. The LABOR AND ECONOMIC DEVELOPMENT Corn nittee reports out S. 1012 with the recommendation that t be withdrawn for correction. ELLSWORTH (30), Chairman. On request by Senator Steen, granted by unanimous onsent, S. 1012 was withdrawn. The President ordered S. 1012 filed in the office of the ecretary of the Senate. January 26, 1971. The JUDICIARY AND RULES Committee reports that 1025 has been correctly printed. KLEIN, Chairman. S. 1025 was referred to the Local Government and Taxa ion Committee. January 26, 1971. The HEALTH, EDUCATION AND WELFARE Com nittee reports out H. 7 with the recommendation that it [o pass. BARKER, Chairman. January 26, 1971. The HEALTH, EDUCATION AND WELFARE Corn riittee reports out H. 10 without recommendation. BARKER, Chairman. H. 7 and H. 10 were filed for second reading. Motions and Resolutions On motion by Senator Evans, seconded by Senator ivens the Gubernatorial appointment of Mr. Bartlett 3rown as Commissioner of Labor, was confirmed. On motion by President Pro-Tempore Ellsworth, sec nded by Senator Mix, the Gubernatorial appointment of 6r. L. Clark Hand as Superintendent of State Police, was onfirmed. On motion by Senator Murphy, seconded by Senator llvens, the Gubernatorial appointment of Mr. Fred Charl on as Commissioner of the State Liquor Dispensary, was onfirmed. On motion by Senator Yarbrough, seconded by Senator rutcher, the Gubernatorial appointment of Mr. Robert )eShazo as acting Commissioner of Public Works, was onfirmed. On motion by Senator Summers, seconded by Senator rutcher, the Gubernatorial appointment of Mr. Ted 3ramer as ating State Purchasing Agent, was confirmed. On motion by Senator Summers, seconded by Senator lurphy. the Gubernatorial appointment of Mr. Bill Child s acting Director of the Department of Public Assistance, as confirmed. The President directed the Secretary of the Senate to ‘repare a list, for his signature, of the Gubernatorial ppointment confirmations, attested to by the Secretary, be transmitted to the Governor informing him of the ction of the Senate. Introduction, First Reading and Reference of Bills S. 1026 By HEALTH, EDUCATION AND WELFARE COMMITTEE AN ACT Amending Section 33-1217, Idaho Code. requiring unused .
January 26]
sick leave to be accumulated, permitting transfer of accumulated sick leave by another employing district; amending Chapter 12, Title 33, Idaho Code, by the addi tion of a new section to be known and designated as Sec tion 33-1217A, Idaho Code, providing for the use of sick leave; and providing an effective date for this act. S. 1027 By HEALTH, EDUCATION AND WELFARE COMMITTEE AN ACT Relating to registration of teaching certificates; amend ing Section 33-1207, Idaho Code, by striking the require ment that certificates be registered with the board of trus tees of each school distriCt each year, and providing that the certificate be registered with the board of trustees prior to beginning service for the first time in the dis trict or in the first year after a new or renewed certifi cate is issued. S. 1026 and S. 1027 were introduced, read the first time at length and referred to the Judiciary and Rules Com mittee for printing. Second Reading of Bills S.J.R. 101, by State Affairs Committee, was read the second time at length and filed for third reading. Third Reading of Bills S. 1005 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brown, Budge, Cobbs, Crookharn, Crutcher, Egbert, Ellsworth (20), Ells worth (30), Evans, Fredericksen, High. Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—33. NAYS—None. Absent and excused Brassey, Chase. Total—2. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. S. 1015 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Barker, Bilyeu, Brown, Chase, Cobbs, Crook ham, Crutcher, Egbert, Ellsworth (30), Evans, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Rigby, Saxvik, Solberg, Stoicheff, Summers. Total—22. NAYS Allen, Bivens, Budge, Ellsworth (20) Fred ericksen, High, Kidwell, Peavey, Steen, Swenson, Williams, Yarbrough. Total—12. Absent and excused Brassey. Total—i. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec onded by Senator Evans, the Senate adjourned until 1:30 o’clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant to recess, President Murphy presiding. —
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[January 27
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Roll call showed all members present except Senators Crookham, Egbert, Fredericksen, Miller, Mitchell, Rigby, Saxvik, Steen and Yarbrough, excused. Prior to recess the Senate was at the Fifteenth Order of Business. There being no objection, the Senate returned to the Ninth Order of Business. Messages from the House January 26, 1971. Mr. President: I transmit herewith H. 21 which has passed the House. FITZWATER, Chief Clerk. H. 21 was filed for first reading. Introduction, First Reading and Reference of Bills H. 21, by Local Government Committee, was introduced, read the first time at length and referred to the Local Government and Taxation Committee. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec onded by Senator Crutcher, the Senate adjourned until 10:00 o’clock n.m., Wednesday, January 27, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
SEVENTEENTH LEGISLATIVE DAY WEDNESDAY, JANUARY 27, 1971 Senate Chamber, Boise, Idaho, January 27, 1971. President Murphy called the Senate to order at 10:00 o’clock a.m. Roll call showed all members present. The following prayer was offered by Chaplain Newell Morgan: God of our fathers, Who art love and light and truth, we turn to Thee for strength. In a world where the very foundations of life are shaken and much once believed in, is questioned and doubted, we come to Thee for light upon our way. May we never be tired of our work and when we are tired in our work, give us rest and refreshment. May Your blessing be upon all the Youth who visit, from time to time, this Statehouse. Help them to take from the past all that is good so they may build wisely and well the future. May honesty, morality, maturity, integrity and faith be a part of all they do. May their dreams come true. Bless, this day, all who labor in our State’s govern ment. Bless, especially, these in this Chamber. In such an hour as this when vast issues and principles are at stake may these persons have greatness of vision, insight and wisdom. May they with oneness of heart, will, pur pose, labor fruitfully this day. In Christ’s Name, Amen. Reading of Communications On request by Senator Evans, granted by unanimous consent, the following letter from the Howard Sims family is spread upon the pages of the Senate Journal:
4 Salmon, Idaho January 24, 197:
Lt. Governor Jack M. Murphy Boise, Idaho. Dear Mr. Murphy: Please convey to the Senate of Idaho our deep ap preciation of it’s expression of regret for one so ver: dear to us who, during his tenure as Senator of Lemh County, was faithful to his charge and to the peopl he represented who, in turn, this past Friday, the 22nd filled the Church to honor and to show their love am esteem for him. Sincerely, Is! The Howard Sims Famil: The President ordered the correspondence filed in th office of the Secretary of the Senate. Reports of Standing Committees January 27, 1971. The STATE AFFAIRS Committee reports that the: have had under consideration the Gubernatorial appoint ment of Mr. J. Allen Jensen to a five year term on th Public Employees Retirement Board commencing July 1 1970 and recommends that this appointment be confirme by the Senate. SUMMERS, Chairman. The Gubernatorial appointment was referred to th Tenth Order of Business, Motions and Resolutions, am ordered held at the desk for one legislative day. January 27, 1971. The JUDICIARY AND RULES Committee reports tha S. 1026, S. 1027, S.R. 101 and S.C.R. 104 have bee: correctly printed. KLEIN, Chairman. S. 1026 and S. 1027 were referred to the Health, Edu cation and Welfare Committee. S.R. 101 and S.C.R. 104 were referred to the Tent] Order of Business, Motions and Resolutions, and ordere held at the desk for two legislative days. January 25, 1971. The FINANCE Committee reports out S. 1017 with th recommendation that it do pass. HIGH, Chairman. January 26, 1971. The AGRICULTURAL AFFAIRS Committee report out H. 5 with the recommendation that it do pass. SWENSON, Chairman. S. 1017 and H. 5 were filed for second reading. Motions and Resolutions S.J.M. 102 was read at length, section by section an the President announced the memorial was before th Senate for final consideration. On motion by Senator Kidwell, seconded by Senato Crutcher, S.J.M. 102 was adopted, title approved an the memorial was ordered transmitted to the House. Introduction, First Reading and Reference of Bills S. 1028 By STEEN AN ACT Amending Chapter 5, Title 61, Idaho Code, by the addi tion of a new Section 61-515A, Idaho Code, to provide fo safety and sanitary equipment and conditions on bce motives, cabooses and change rooms.
SENATE JOURNAL S. 1029 By JUDICIARY AND RULES COMMITTEE AN ACT Relating to contractors, providing that no agreement in connection with a contract to work is enforceable which has the effect of indemnifying a promisee for the sole negligence of the promisee, his agents, employees, or in demnitees, and providing that this act shall not affect such agreements in existence when this act becomes effective. S. 1030 By STATE AFFAIRS COMMITTEE AN ACT Relating to surety bonds of public officials, amending Sections 1-408, 1-1102, 19-4802, 21-103, 22-3008, 22-3708, 22-3608, 22-3311, 22-3512, 23-207, 23-209, 25-127, 25-129, 25-1101, 25-1102, 33-2804, 36-102, 36-105, 36-106, 36-114, 36418, 36-1603, 38-409, 39-106, 40-115, 40-125, 40-2603, 41-204, 41-206, 41-3502, 42-1801, 46-308, 47-101, 54-912, 54-1209, 58-124, 59-916, 63-503, 67-912, 67-1015, 674219, 67-1220, 67-1402, 67-1501, 67-1601, 67-1603, 67-2405, 72-902, 72-1335, 73-1346, Idaho Code, which sections relate to surety bond requirements for state officials, by striking from those sections language referring to various specif ic surety bond amounts, various specific surety bond requirements, and various specific bond purchase pro cedures and inserting language requiring a uniform method of determining bond amounts, bond requirements, and bond purchase procedures as set forth in Chapter 8, Title 59, Idaho Code; repealing Sections 58-109, 63-2710, 67-2413, and 67-2505, Idaho Code; repealing Chapter 8, Title 59, Idaho Code; creating a new Chapter 8, Title 59, Idaho Code, providing for the short title of the act; providing for definitions in the act; providing for the method of determining who shall be required to be bonded, who shall stand the expense of the bonds, and who shall procure bonds; providing for terms and con ditions of official bonds for state employees, and who may be surety on such bonds, providing that, in the commissioner’s discretion, a blanket corporate surety bond may be purchased in lieu of individual bonds, and providing for approval of all official bonds of employees by the Governor and as to form and legal sufficiency by the Attorney General and for filing of same with the Secretary of State except that the bond of the Sec retary of State is to be filed with the State Auditor; pro viding that official surety bond requirements set forth in other laws may be met by compliance with the “Surety Bond Act”; providing for approval, recording and re view of official bonds given by any county or precinct officer and providing for proceedings to determine suffi ciency of sureties and providing for proceedings when sureties found insufficient; providing for additional bond in the event sureties found insufficient; pro viding that the original bond is not discharged or affected when additional bond given; providing for the recording of official bonds in a book entitled “Record of Official Bonds”; providing for joint and several liability when more than one surety involved on one risk; pro vidmg for custody of official bonds and for a method of obtaining certified copies of official bonds; providing that the form of official bonds must be such that the bond is joint and several; providing for the extent of the sureties, liability for breaches of the conditions thereof committed during the time an officer continues to discharge the duties of or hold office; providing that the extent of the sureties, liability will automatically be extended to include all duties subsequently imposed upon or required of any officer covered by such surety bond; providing that every official bond executed by an officer is in force and obligatory upon the principal sureties therein to the state of Idaho and to the benefit of all persons who may be injured or grieved by the wrongful act or default of such officer in his official capacity, and providing that a person so grieved may bring suit upon such bond on his own without an assign ment thereof; providing that successive suits by persons
January 27:
injured may be brought unon the bond and no sucl bond is void on the first recovery of a judgment thereon providing that defects in the bond do not affect th liability of the surety thereon; providing if there h an execution of an additional bond the, party in jured may bring his action based upon either bond providing that if separate judgments are recovered oi bonds by an injured party such party is entitled to have execution issued on such judgments respectively bu must only collect the amount actually adjudged to him oi the same causes of action in one of the suits; providm for contribution between sureties in proportion in whicl the penalties of such bond bear to the other into th sums paid respectively; providing for the discharge o: sureties by the execution of a new bond to replace th existing surety except that the original surety remahn liable as to all liabilities incurred previous to the approva of such new bond; providing for the giving of surety bond by persons appointed to fill a vacancy in office; providin that sureties may be released by complying with tin provisions hereinafter set forth in subsequent code sec tions; providing the manner of application for releasE when a surety desires to be released; providing for a seT vice of the statement required in the application of thE officer named in such official bond before the surety ma be released; providing that if the surety is released anc the officer so insured fails within twenty days to provid< adequate substitution surety the judge, court, board officer or other person with whom the notice is filed b3 the surety must make an order declaring such offic vacant; providing that the release of one surety on an official bond does not affect the bond as to the remainin sureties thereon; providing that the release of suretie does not affect the sureties, liability for liabilities accruec during the period which the surety bond was in effect providing for the extent of the application of this chap ter; providing that bond of trustees, receivers, assignees and officers of the court must be in the name of anc payable to the state of Idaho, and upon the order of thE court for such action a proceeding is pending may bE prosecuted for the benefit of any and all persons interestec therein; providing that when an action is commenced or the official bond and the attorney desires to file s Lis Pendens he must file with the court in which thE action is commenced an affidavit stating that the bond wm executed by the defendant, made payable to the people oi this state, or the state of Idaho, and that the defendan has real estate or interest in lands, and that the actioi is prosecuted for the benefit of the state and thereupon thc clerk receiving such affidavit must certify to the recordei of the county in which such real estate is situated tin names of the parties to such action, the name of the courl in which the action is pending and the amount claimed ii the complaint, with the date of the commencement of th suit; providing that upon receiving such certificate tin county recorder must endorse upon it the time of it reception and such certificate must be filed and recordec in the same manner and as notices of the pendency of ar action affecting real estate; providing that it is the dut3 of the Secretary of State in case of official bonds ol state officers or employees and the county recorder, ir the case of official bonds of county officers or employee to notify the Governor or the Board of County Corn. missioners, as the case may be, of the expiration or fail ure to furnish an official bond by any state or count3 official required to so furnish a bond, and it shall be tin duty of such officers within their respective jurisdictioin to collect unearned premiums that may accrue for an reason and cause the same to be deposited in the stat or county treasury, as the case may be, to the credil of the fund out of which the same was originally paid and declaring an emergency. S. 1028 was introduced, read the first time at lengtl1 and referred to the Labor and Economic Development Committee. S. 1029 and S. 1030 were introduced, read the first timE at length, and referred to the Judiciary and Rules Com mittee for printing.
[January 28
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Second Reading of Bills H. 7, and H. 10, by Health, Education and Welfare Committee, were read the second time at length and filed for third reading. Third Reading of Bills Moved by Senator Manley, seconded by Senator Kidwell, that SJ.R. 101 be adopted. S.J.R. 101 was read the third time at length, section by section and placed before the Senate for final con sideration, the question being, “Shall the resolution be adopted?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams. Total—32. NAYS—Bivens, Ellsworth (20), Yarbrough. Total—3. Total—35. More than two-thirds having voted in the affirmative, the President declared S.J.R. 101 adopted. Title was approved and the resolution ordered trans mitted to the House. The President requested an advisory opinion from the Judiciary and Rules Committee to this effect: Under Senate Rule 12 in that the rules now read that Joint Resolutions be treated as a bill and placed on the Thirteenth Order of Business, is it necessary that a motion he made for its adoption? Miscellaneous Business On motion by Senator Kidwell, seconded by Senator Mix, the Senate recessed until 1:30 o’clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant to recess, President Murphy presiding. The roll call showed all members present except Senator Miller, excused. Prior to recess the Senate was at the Fifteenth Order of Business. There being no objection, the Senate returned to the Third Order of Business. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Tuesday, January 26, 1971 was read and approved as corrected. KLEIN, Chairman. Report adopted. Reports of Standing Committees January 27, 1971. The LOCAL GOVERNMENT AND TAXATION Com mittee reports out H. 14, H. 15, and S. 1025 with the recommendation that they do pass. BROWN, Chairman. H. 14, H. 15 and S. 1025 were filed for second reading. Messages from the House January 27, 1971. Mr. President: I transmit herewith H. 35 which has passed the House. FITZWATER, Chief Clerk. H. 35 was filed for first reading.
Introduction, First Reading and Reference of Bills S. 1031 By LOCAL GOVERNMENT AND TAXATION COMMITTEE AN ACT Amending Section 63-117, Idaho Code, relating I exemptions for retired persons, by providing that exemj tions for retired persons shall be granted on actual do lar amounts and not on a ratio of assessed value, ar providing procedures to be followed by various count officers; declaring an emergency and providing for retr4 active application. S. 1031 was introduced, read the first time at lengt and referred t0 the Judiciary and Rules Committee fc printing. H. 35, by Agricultural Affairs Committee, was intri duced, read the first time at length and referred to ti Agricultural Affairs Committee. Miscellaneous Business On motion by Senator Kidwell, seconded by Senator Mi: the Senate adjourned until 10:00 o’clock a.m., Thursda January 28, 1911. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
EIGHTEENTH LEGISLATIVE DAY THURSDAY, JANUARY 28, 1971 Senate Chamber, Boise, Idaho, January 28, 1971. President Murphy called the Senate to order at 10:( o’clock n.m. Roll call showed all members present. The following prayer was offered by Chaplain NewE Morgan: Our God, Thou who commandest the morning, we corn committing our will and our work unto Thee. We a: calmly confident Thou are present working with us at through us, achieving Thy purposes for mankind. In these days wherein the souls of men who seek ti right and follow truth are sorely tried, when so mu is demanded of the few, grant to these members of oi State’s government strength, wisdom and guidance th they shall not labor in vain. Father, use such as these, whereon the anvil momentous issues, there slowly is hammered into sha the new and better world. These have offered the]] selves, to do their best in these hours of need. Ble: their every effort. Crown their endeavoring with succes Help them to be men and women of destiny in ti struggle for all that is right, good and beneficial. In Jesus’ Name, Amen. Presentation of Petitions, Resolutions and Memorials The following memorial was read at length by ti Secretary: S.LM. 103 By MANLEY AND CROOKHAM A JOINT MEMORIAL To the President of the United States, the Honorab Senate and House of Representatives of the Unit States in Congress assembled, the House Committee Interior and Insular Affairs, the Senate Committee Interior and Insular Affairs, and to the Senators ar Representatives representing this state in the Congre of the United States.
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We, your Memorialists, the State and House of Repre sentatives of the state of Idaho assembled in the First Regular Session of the Forty-first Idaho Legislature, do respectfully represent that: WHEREAS, the Congress of the United States has before it various proposals for legislation which would affect the future management of the present Sawtooth Primitive Area and adjacent lands; and WHEREAS, this is a region of incomparable scenic beauty and a rich historical past; and WHEREAS, this area is under increasing pressures of public and private use; and WHEREAS, uncontrolled development in the Sawtooth Valley, Stanley Basin, and the upland area of the Saw tooths, including the Sawtooths, White Clouds, Boulders and Pioneers, threatens destruction of the natural beauty of the area; and WHEREAS, it is urgently required, in the public interest, that a definite permanent plan for the manage ruent of the Sawtooths be adopted as soon as possible; and WHEREAS, this matter has been the subject of con iderable study by the United States Congress including public hearings in the area of the Sawtooths; and WHEREAS, the weight of past study and public sentiment favors the creation of a Sawtooth National Recreation Area in the Sawtooth Valley and the estab [ishment of a national park in the upland area of the Sawtooths, including the Sawtooths, White Clouds, Boul ders and Pioneers; and WHEREAS, a national recreation area covers only areas of high recreation capacity which are reasonably accessible to the people and does not include wilderuess areas; and WHEREAS, the dominant values in the upland areas of the Sawtooths are those of wilderness; and WHEREAS, a national recreation area will allow the broadest multiple use of the lowlands area in the Saw tooth Valley; and WHEREAS, a national park will enable the preserva bion of the wilderness status of the upland areas of the Sawtooths. NOW, THEREFORE, BE IT RESOLVED by the First Regular Session of the Forty-first Idaho Legislature now in session, the Senate and House of Representatives oncurring, that we most respectfully urge the Congress f the United States of America to proceed at the earliest possible date to enact the necessary legislation to author Lze the establishment of a Sawtooth National Recreation Aiea in the lowland areas of the Sawtooth Valley and ;he creation of a national park in the upland area of bho Sawtooths, including the Sawtooths, White Clouds, Boulders and Pioneers. BE IT FURTHER RESOLVED that the Secretary of ;he Senate be, and he is hereby authorized and directed bo forward copies of this Memorial to the President and bhe Vice President of the United States, the Speaker of the Rouse of Representatives of Congress, to the House Committee on Interior and Insular Affairs, to the Senate Committee on Interior and Insular Affairs, and to the senators and Representatives representing this state in the Congress of the United States. S.J.M. 103 was referred to the Judiciary and Rules Committee for printing.
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Reports of Standing Committees January 28, 1971. The JUDICIARY AND RULES Committee reports that 1029, S. 1030 and S. 1031 have been correctly printed. KLEIN, Chairman.
January 28)
S. 1029 was referred to the Judiciary and Rules Com mittee. S. 1030 was referred to the State Affairs Committee. S. 1031 was referred to the Local Government and Taxation Committee. January 28, 1971. The HEALTH, EDUCATION AND WELFARE Com mittee reports out S. 1027 with the recommendation that it do pass. BARKER, Chairman. January 28, 1971. The HEALTH, EDUCATION AND WELFARE Com mittee reports S. 1026 without recommendation. BARKER, Chairman. S. 1027 and S. 1026 were filed for second reading. Messages from the House January 28, 1971. Mr. President: I transmit herewith H.J.M. 1 which has passed the House. FITZWATER, Chief Clerk. H.J.M. 1 was referred to the Tenth Order of Business, Motions and Resolutions. Motions and Resolutions The following memorial was read at length by the Secretary: H.J.M. 1 By RESOURCES AND CONSERVATION COMMITTEE A JOINT MEMORIAL To the President of the United States, the Honorable Senate and House of Representatives of the United States in Congress assembled, the House Committee on Interior and Insular Affairs, the Senate Committee on Interior and Insular Affairs, and to the Senators and Representatives representing this state in the Congress of the United States. We, your Memorialists, the Senate and House of Rep resentatives of the state of Idaho assembled in the First Regular Session of the Forty-first Idaho Legislature, do respectfully represent that: WHEREAS, the Congress of the United States has be fore it various proposals for legislation which would affect the future management of the present Sawtooth Primi tive Area and adjacent lands; and WHEREAS, this is a region of incomparable scenic beauty and a rich historical past; and WHEREAS, this area is under increasing pressures of public and private use; and WHEREAS, uncontrolled development in the Sawtooth Valley, the Stanley Basin, and the environs of the Sawtooths threaten destruction of the natural beauty of the area; and WHEREAS, it is urgently required, in the public interest, that a definite permanent plan for the manage ment of the Sawtooths be adopted as soon as possible; and WHEREAS, this matter has been the subject of con siderable study by the United States Congress including public hearings in the area of the Sawtooths; and WHEREAS, the weight of past study and public senti meat favors the creation of a Sawtooth National Recrea tion Area; and WHEREAS, such action would permit continued man agement of the Sawtooths by the United States Forest Service, allowing the broadest multiple use of the area â&#x20AC;&#x201D;
[January 28
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or example, permitting grazing and timber manage ment where nossible; and WHEREAS, a national recreation area would permit ontinued management of fish and game by the Idaho Fish and Game Department. NOW, THEREFORE, BE IT RESOLVED by the First Regu1ar Session of the Forty-first Idaho Legislature, now in session, the Senate and House of Representatives con nirring, that we most respectfully urge the Congress of the United States of America to proceed at the earliest possible date to enact the necessary legislation to authorize the establishment of the Sawtooth National Rec reation Area and Wilderness. BE IT FURTHER RESOLVED that the Chief Clerk of the House of Representatives be, and she is hereby au thorized and directed to forward copies of this Memorial to the President and Vice President of the United States, the Speaker of the House of Representatives of Congress, to the House Committee on Interior and Insular Affairs, to the Senate Committee on Interior and Insular Affairs, and to the Senators and Representatives representing this state in the Congress of the United States. The President ordered H.J.M. 1 held at the desk for two legislative days. On motion by Senator Ellsworth (30), seconded by Senator Egbert, the Gubernatorial appointment of Mr. J. Allen Jensen to the Public Employees Retirement Board, was confirmed. The President directed the Secretary of the Senate to prepare a statement for his signature, of the Gubernatorial appointment confirmation, attested to by the Secretary, to be transmitted to the Governor informing him of the action of the Senate. Introduction, First Reading and Reference of Bills S. 1032 By AGRICULTURAL AFFAIRS COMMITTEE ANACT Amending Section 37-1915, Idaho Code, which relates to exemptions from continuous inspection of animals for slaughter and meat; to provide an exemption for game animals; providing for addition of the words “at the request of”, and striking the words “delivered by”; pro viding that the section relates to establishments and to mobile units; striking the provision that custom operators cannot buy or sell meat; providing that custom slaughter ed carcasses, meat and meat food products to be used by the owner thereof, or his household, and/or nonpaying guests or employees, may be processed in inspected establishments under regulations to assure separation of custom slaughter or custom processing from products which are to be offered for sale, and to insure identifica tion, proper labels, and sanitation; providing that the Commissioner of Agriculture may adopt regulations to carry out this section, and that he may exempt inspected establishments from inspection as to animals, meat, or meat food products, slaughtered or prepared on a custom basis; and providing for construction of the section in harmony with the Federal Wholesome Meat Act; and de claring an emergency. S. 1033 By AGRICULTURAL AFFAIRS COMMITTEE AN ACT Amending Chapter 14, Title 25, Idaho Code, by adding a new Section to be known and designated as Section 251402, Idaho Code, relating to the search of vehicles, pro viding that upon probable cause vehicles may be searched and illegally possessed livestocc or carcasses taken into possession; and providing an effective date. S. 1034 By CROOKHAM AN ACT Creating an Office of Commissioner for Investigations
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to be called an Ombudsman; providing that the Com missioner shall hold no other office or trust or profit; providing for appointment by the Governor subject to advice and consent of the Senate; providing conditions for removal or suspension of the Commissioner; provid ing for filling a vacancy in the Office of Commissioner; providing compensation for the Commissioner; providing for an oath of office; providing for appointment of addi tional personnel; prescribing the principal duties of the Commissioner; providing that the Commissioner shall adopt rules and regulations and providing for meetings in each of the judicial districts of the state at least twice yearly; providing the Commissioner authority to refuse complaints; providing that the Commissioner shall inform the Governor and department heads of investigations under way, and that the Commissioner may consult with department heads; authorizing the Commissioner to re quire persons to furnish information and to compe] the attendance and testimony of persons by subpoena, and providing conditions under which testimony shall be given; providing exceptions when information may not be required; providing for oaths, administered by the Commissioner, that persons will not divulge informatimi received as the result of investigations under this act, and providing the Commisioner may disclose informatior in reports; providing that the Commissioner shall make reports under certain conditions of the investigations conducted by the office of the Commissioner, and provid. ing that departments under investigation shall have opportunity to respond in such reports; providing foi reports by the Commissioner to the complainant; pro viding that proceedings or decisions of the Commissione; are not subject to review by any court; providing civi] and criminal immunity to the Commissioner and hii agents for functions performed pursuant to this act providing that the Commissioner and his agents shal] not be called to give evidence in any court in respeci to anything learned by them in the exercise of theb official functions, and providing that information receivec by the Commissioner shall be privileged; authorizing thE Commissioner to enter premises of departments to carry out investigations; providing for delegation of authority to subordinates of the Commissioner and terms of sucl delegations; providing that the Commissioner reporl yearly to the Legislature; providing that this act is ir addition to other legal remedies; providing penalties; providing severability; and providing an effective date S. 1032 and S. 1033 were introduced, read the firsi time at length and referred to the Judiciary and Rule Committee for printing. S. 1034 was introduced, read the first time at lengtl and referred to the Judiciary and Rules Committee. Second Reading of Bills On request by Senator Klein, granted by unanimou consent, 5. 1025 was referred to the Fourteenth Orde of Business, General Calendar, for amendment. 5. 1017, by State Affairs Committee, was read thE second time at length and filed for third reading. H. 5 by Agricultural Affairs Committee, was read thE second time at length and filed for third reading. H. 14 and H. 15, by Local Government Committee were read the second time at length and filed for thir reading. Third Reading of Bills H. 7 was read the third time at length, section b3 section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge Chase, Cobbs, Crookham, Crutcher, Egbert, Ellswortl (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams, Yarbrough. Total—34.
SENATE JOURNAL NAYS—None. Absent and excused—Brassey. Total—i. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to ae House. II. 10 was read the third time at length, section by seeon and placed before the Senate for final consideration, e question being, “Sha1l the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brown, Budge, AYES hase, Crookham, Crutcher, Egbert, Ellsworth (20), Ells urth (30), Evans, Fredericksen, High, Kidwell, Klein, [anley, Manning, Mitchell, Mix, Peavey, Rigby, Saxvik, olberg, Steen, Swenson, Williams. Total—28. NAYS Cobbs, Miller, Murphy, Stoicheff, Summers, arbrough. Total—6. Absent and excused Brassey. Total—i. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the ouse. Miscellaneous Business On motion by President Pro-Tempore Fllsworth, sec ided by Senator Evans, the Senate recessed until 1:30 clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant to cess, President Murphy presiding. Roll call showed all members present except Senator [ix, excused. Prior to recess the Senate was at the Fifteenth Order Business. There being no objection, the Senate returned to the hfrd Order of Business. Reading and Correction of the Journal The JUDICARY AND RULES Committee reports that te Senate Journal of the proceedings of Wednesday, rnuary 27, 1971 was read and approved as corrected. KLEIN, Report adopted. Chairman. Messages from the House January 28, 1971. r. President: I transmit herewith H. 13, H. 30, H. 31, H. 32 and H. 33 hich have passed the House. FITZWATER, Chief Clerk. II. 13, II. 30, II. 31, H. 32 and H. 33 were filed for first ading. Introduction, First Reading and Reference of Bills S. 1035 By TRANSPORTATION COMMITTEE AN ACT Amending Section 49-752a, Idaho Code, relating to gulation of traffic when a school bus is loading or im ading, by providing that all traffic overtaking or pass g a school bus must stop when the stop arm is extended when the warning signal lights are flashing. —
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S. 1036 By JUDICIARY AND RULES COMMITTEE AN ACT Amending Chapter 9, Title 59, Idaho Code, by the addi
January 28)
tion of a new section to be known and designated as Sec tion 59-904A, Idaho Code, to provide that vacancies in elected political positions or offices be filled from the same political party by appointment of the Governor from a list supplied by Legislative District Committee or State Central Committee; and declaring an emergency. S. 1037 By CROOKHAM AN ACT To provide for orderly settlement of agricultural labor disputes; providing a statement of purpose; amending Chapter 7, Title 44, Idaho Code, by the addition of a new section to be known as Section 44-703A, Idaho Code, re quiring 48 hours written notice before picketing of an agricultural employer, listing requirements of the notice, and stating who is to be notified; providing that picketing of agricultural employers without notice or before the 48 hour notice period has expired shall be unlawful, a mis demeanor and that such picketing can be restrained or enjoined; defining terms “picketing”, “person”, and “agri cultural employer”; amending Section 44-712, Idaho Code, to redefine labor dispute; amending Section 44-108, Idaho Code, by striking “agricultural labor” thus making Chap ter 1, Title 44, Idaho Code, apply to agricultural labor so as to provide for determination of representation, media tion, and collective bargaining; providing for severability; and declaring an emergency. S. 1038 By CROOKHAM AN ACT Relating to labor relations; to be known as the Idaho Labor Relations Act; defining terms; creating the Idaho Labor Relations Board and providing therefor; providing for a conciliator to settle disputes; setting out the rights of employees; providing for representation of employees for collective bargaining; setting out unfair labor prac tices of employers; setting out unfair labor practices of employees; providing that any person may be guilty of an unfair labor practice; providing for a procedure to have alleged unfair labor practices heard by the board, orders of the board and judicial review thereof; providing that representatives of employees shall account for finan cial transactions; providing that the board may promul gate rules and regulations; providing for notice of inten tion to strike by agricultural employees; providing that proceedings of the board are a matter of public record; providing for a list of labor organizations; providing a penalty for interference with duties imposed by this act; providing that this act shall not be construed to inter fere with the right to strike or with freedom of speech; providing that this act shall control when it conflicts with other provisions of the law; providing that the board shall cooperate with the National Labor Relations Board; and repealing Sections 44-106, 44407, 44-107A and 44-107B, Idaho Code. S. 1039 By CROOKUAM AN ACT Amending Section 44-108, Idaho Code, by providing that only agricultural laborers employed on a farm regularly employing five or fewer agricultural laborers are exempt from the act. S. 1040 By CROOKHAM AN ACT Providing for the notification of the County Sheriff’s Department forty-eight hours before the start of any agricultural picketing; providing a short title; provid ing legislative intent; providing no limitation on the right to organize and bargain collectively with em ployers; providing definitions; requiring the notification of the County Sheriff’s Department forty-eight hours be fore the start of picketing and requiring the notification of the respective employer, by the sheriff, of the intent
SENATE JOURNAL
January 29
picket, and providing a penalty; providing severability; nd declaring an emergency. S. 1041 By COMMERCE AND BANKING COMMITTEE AN ACT To be known and designated as the “Idaho Consumer ‘roteetion Act”; providing definitions; providing for un iwful acts or practices; providing for interpretation; roviding for exemption; providing for restraining pro ibited acts; providing additional public relief; providing r private actions; providing for assurances of volun ary compliance; providing for investigation; providing or subpoenas and hearings; providing for service of .otice, demand or subpoena; providing for enforcement f investigative demands; providing for forfeiture of orporate franchise; providing for duties of county at rneys; providing for unifOrm construction with federal iw and regulations and a defense; providing for limita ion of actions; providing for severability; and declaring n emergency. S. 1042 By COMMERCE AND BANKING COMMITTEE AN ACT Relating to consumer protection; defining consumer aper; providing for non-negotiability of consumer paper; nd declaring an emergency. S. 1043 By COMMERCE AND BANKING COMMITTEE AN ACT Relating to consumer protection; providing a definition f home solicitation sale; providing the consumer with he right to cancel certain transactions; and declaring n emergency. S. 1035, S. 1036, S. 1041, S. 1042 and S. 1043 were itroduced, read the first time at length and referred to he Judiciary and Rules Committee for printing. 5. 1037, S. 1039 and S. 1040 were introduced, read the rst time at length and referred to the Agricultural ffairs Committee. S. 1038 was introduced, read the first time at length nd referred to the Labor and Economic Development ommittee. H. 13, H. 30, H. 31, H. 32 and H. 33, by Local Govern ient Committee, were introduced, read the first time at ngth and referred t0 the Local Government and Taxa ion Committee. Miscellaneous Business The President requested an advisory opinion from ho Judiciary and Rules Committee, at their earliest con emence, for their interpretation on Rule 46, Section 3 f the Senate Rules. On motion by President Pro-Tempore Ellsworth sec nded by Senator Evans, the Senate adjourned until 10:30 ‘clock a.m., Friday, January 29, 1971. JACK MURPHY, President. ttest: i
ARTHUR WILSON, Secretary.
NINETEENTH LEGISLATIVE DAY FRIDAY, JANUARY 29, 1971 Senate Chamber, Boise, Idaho, January 29, 1971. President Murphy called the Senate to order at 10:00 ‘cJ.ock a.m. Roll call showed all members present.
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The following prayer was offered by Chaplain Newell Morgan: Our Living and Eternal God, in ways known to each of us, help us realize Thy Presence. As these, within this Chamber, face today’s decisions, grant wisdom and understanding that those things right and needful be decided. May their vote a “yes” or a “no” be spoken in full honesty, conclusions reached by facts and heart searching. We ever thank Thee for man’s right as given by Thee to govern himself. We thank Thee for this highest form of human government. We ask that it shall always be a “Nation under God, indivisible, with liberty and justice for all.” We thank Thee for these Senators and Lt. Governor who so strongly believe in self-government that they would willingly assume this heavy responsibility and do all they can to protect our democracy and to make it func tion in the best possible form. Bless them, each of them, today. In Christ’s Name, Amen. Presentation of Petitions, Resolutions and Memorials The following resolutions were read at length by the Secretary: S.C.R. 105 By JUDICIARY AND RULES COMMITTEE A CONCURRENT RESOLUTION Providing for the amendment of the temporary joint rules of the forty-first Idaho Legislature by the adop tion of a new Joint Rule 11. S.C.R. 106 By HEALTH, EDUCATION AND WELFARE COMMITTEE A CONCURRENT RESOLUTION Authorizing the President of the Senate and the Speaker of the House of Representatives to appoint a committee to conduct a thorough and impartial, but de tailed study of the role of the State Department of Educa tion and all of its policies, practices and procedures as such relate to the public educational systems of the state; providing for the organization of the committee; authoriz ing the expenditure of funds for the use of the committee; and providing for a report from the committee. S.C.R. 105 and S.C.R. 106 were referred to the Judiciary and Rules Committee for printing. Reports of Standing Committees January 29, 1971. The JUDICIARY AND RULES Committee reports that S. 1032, S. 1033, S. 1035, S. 1036, S. 1041, 5. 1042, 5. 1043 and S.J.M. 103 have been correctly printed. —
KLEIN,
Chairman. S. 1032 and S. 1033 were referred to the Agricultural Affairs Committee. 5. 1035 was referred to the Transportation Committee. On request by Senator Mix, granted by unanimous consent, S. 1036 was referred to the State Affairs Com mittee. S. 1041, 5. 1042 and S. 1043 were referred to the Com merce and Banking Committee. On request by President Pro-Tempore Ellsworth, grant ed by unanimous consent, S.J.M. 103 was referred to the Resources and Environment Committee. January 29, 1971. The LOCAL GOVERNMENT AND TAXATION Com mittee reports out S. 1003 without recommendation. BROWN, Chairman. S. 1003 was filed for second reading.
SENATE JOURNAL Messages from the House January 28, 1971. Jr. President: I transmit herewith H. 40 which has passed the House. FITZWATER, Chief Clerk. H. 40 was filed for first reading. Motions and Resolutions The President announced that S.R. 101 was before the Senate for consideration. Moved by Senator Barker, seconded by Senator Crutcher, that S.R. 101 be adopted. The question being, “Shall the resolution be adopted?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES Budge, Cobbs, Crookham, Crutcher, Ellsworth (20), Ells vorth (30), Evans, Fredericksen, High, Kidwell, Klein, iIanley, Maiming, Miller, Mitchell, Mix. Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen ion, Williams, Yarbreugh. Total—33. NAYS—None. Absent and excused Chase, Egbert. Total—2. Total—35. Whereupon the President declared the resolution idopted, and ordered it referred to the Judiciary and Rules Committee for enrolling. The President announced that S.C.R. 104 was before ;he Senate for consideration. Moved by Senator Barker, seconded by Senator Crutch r, that S.C.R. 104 be adopted. The question being, “Shall the resolution be adopted?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Cobbs, Crutcher, Egbert, Ellsworth (20), Ells vorLh (30), Evans, Fredericksen, High, Kidwell, Klein, danley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—33. NAYS—None. Absent and excused—Chase, Crookham. Total—2. Total—35. Whereupon the President declared the resolution dopted. Title was approved and the resolution ordered trans rnitted to the House. Introduction, First Reading and Reference of Bills S. 1044 By JUDICIARY AND RULES COMMITTEE AN ACT Amending Section 19-812, Idaho Code, relating to ;ranscription of preliminary examination by providing or the maintaining of verbatim record of the proceedings md evidence at the preliminary examination by either lectrical devices or stenographic means; and declaring in emergency. S. 1045 By JUDICIARY AND RULES COMMITTEE AN ACT Authorizing the prosecution and defense of suits by .ndigent persons without cost; providing for the waiver )f court costs, bonds and other fees; providing that the itigant shall file an affidavit declaring his inability to ay said costs and fees; providing standards for requir ng that fees and costs be paid in certain circumstances; ,roviding severability; and providing an effective date. —
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January 29]
S. 1046 By HEALTH, EDUCATION AND WELFARE COMMITTEE AN ACT Amending Section 50-1405, Idaho Code, by providing that personal as well as real property may be exchanged or transferred by a city council, and providing that such property may be transferred to an organized hospital district in the state of Idaho; and declaring an emergency. S. 1047 By HEALTH, EDUCATION AND WELFARE COMMITTEE AN ACT Amending Section 33-2001, Idaho Code, to provide for mandatory instruction for exceptional children by the school districts of the state; and declaring an emergency. S. 1048 By LOCAL GOVERNMENT AND TAXATION COMMITTEE AN ACT Relating to settlement by county auditor with munici palities, amending Section 63-2104, Idaho Code, by strik ing the requirement that moneys be transmitted no later than the twenty-fifth day of July, October and January, respectively. S. 1049 By CROOKHAM AN ACT Amending Section 44-108, Idaho Code, by striking the provision that the act shall not apply to labor engaged in agricultural labor as that term is defined in Section 72-1304, Idaho Code. S. 1044, S. 1045, S. 1046, S. 1047 and S. 1048 were introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. S. 1049 was introduced, read the first time at length and referred to the Agricultural Affairs Committee. H. 40, by Health and Welfare Committee, was intro duced, read the first time at length and referred to the Health, Education and Welfare Committee. Second Reading of Bills S. 1026 and S. 1027, by Health, Education and Welfare Committee, were read the second time at length and filed for third reading. Third Reading of Bills 5. 1017 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bivens, Brassey, Brown, Budge, Cobbs, Crookham, Egbert, Ellsworth (20), Ellsworth (30), Fredericksen, High, Kidwell, Klein, Miller, Peavey, Rigby, Saxvik, Solberg, Steen, Summers, Swenson, Williams, Yarbrough. Total—25. NAYS—Bilyeu, Chase, Crutcher, Evans, Manley, Man ning, Mitchell, Mix, Murphy, Stoicheff. Total—b. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business Senator Steen announced the Memorial Services which had been planned for February 2, 1971, will now be held at 2 p.m. February 19, 1971.
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On motion by President Pro-Tempore Ellsworth, sec onded by Senator Crutcher, the Senate recessed until 1:30 oâ&#x20AC;&#x2122;clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 1:30 oâ&#x20AC;&#x2122;clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present except Senators Barker, Chase, Kidwell, Klein, Manning, Miller, Rigby, Steen and Williams, excused. Prior to recess the Senate was at the Fifteenth Order of Business. There being no objection, the Senate returned to the Fourth Order of Business. Reading of Communications January 29, 1971. The Honorable Jack Murphy President of the Senate Senate Chambers Dear President Murphy: You recently requested on opinion by the Senate Judi ciary and Rules Committee as to the necessity for a motion prior to final consideration by the Senate of a joint resolution. Both Senate Resolution 12 and Joint Resolution 6 in effect require that joint resolutions be treated as are bills, except that the affirmative vote required for passage be a two thirds majority of membership. If a joint resolu tion has been passed in the same manner as a bill, in the opinion of Judiciary and Rules Committee, there can be no question that it was duly passed. It is further the opinion of the Judiciary and Rules Committee that a motion would be superfluous and not required in the consideration of a joint resolution, but the fact that a motion was made will not effect the validity of a joint resolution if otherwise duly adopted. Is! EDITH MILLER KLEIN, Chairman Senate Judiciary and Rules Committee The President ordered the report of the Judiciary and Rules Committee filed in the office of the Secretary of the Senate. Presentation of Petitions, Resolutions and Memorials The following memorial was read at length by the Secretary: S.J.M. 104 By PEAVEY A JOINT MEMORIAL To the President of the Senate, the Speaker of the House of Representatives of the United States Congress and to the Senators and Representatives representing this state in the Congress of the United States. We, your Memorialists, the Senate and House of Repre sentatives of the state of Idaho assembled in the First Regular Session of the Forty-first Idaho Legislature, do hereby respectfully represent that: WHEREAS, many of the ore deposits now found in the Sawtooth, White Cloud, and Boulder ranges are of the type which require open pit development; and WHEREAS, the laws of this state and the national government related to these more modern methods of development are in need of revision to bring them up to date to deal with such matters as restoration, stream pollution, and other ecological considerations; and WHEREAS, it is desirable to postpone further develop ment until revisions as may now be required and deemed necessary have been adopted. NOW, THEREFORE, BE IT RESOLVED by the First Regular Session of the Forty-first Idaho Legislature, now
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in session, the Senate and House of Representatives con curving, that we most respectfully urge the Congren of the United States of America to proceed at the earlies possible date to enact the necessary legislation to with draw, subject to valid and existing claims, such land as are described in H.R. 18899 introduced in the 91s Congress, 2nd Session, which include the rugged an scenic areas of the Sawtooth, White Cloud and Boulde: ranges adjacent to the Sawtooth Valley and Stanle Basin, from all forms of locations and entry under, am operation of the mining laws of the United States for period of five years. BE IT FURTHER RESOLVED that the Secretary 0: the Senate be, and he is hereby authorized and directe to forward copies of this Memorial to the President 0: the Senate, the Speaker of the House of Representative of the United States Congress, and to the Senators am Representatives representing this state in the Congren of the United States. S.J.M. 104 was referred to the Judiciary and Rule; Committee for printing. Reports of Standing Committees January 29, 1971. The RESOURCES AND ENVIRONMENT Committed reports out S. 1011 with the recommendation that i do pass. WILLIAMS, Chairman. January 29, 1971. The LOCAL GOVERNMENT AND TAXATION Com mittee reports out H. 13, H. 30, II. 31, H. 32 and H. 3 with the recommendation that they do pass. BROWN, Chairman. S. 1011, H. 13, H. 30, H. 31, H. 32 and II. 33 wer filed for second reading. The STATE AFFAIRS Committee reports they hay had under consideration the Gubernatorial appointment; listed below and recommend that said appointments b confirmed by the Senate. Mr. Tom McEldowney, acting Commissioner of Fl nance to serve at the pleasure of the Governor. Mr. H. Fred Garrett, Director of the Department o Employment to serve at the pleasure of the Governoi Mr. Lloyd Howe, acting Executive Secretary of tb Department of Commerce and Development, to serve a the pleasure of the Governor. SUMMERS, Chairman. The Gubernatorial appointments were referred to tb Tenth Order of Business, Motions and Resolutions, an ordered held at the desk for one legislative day. Messages from the House January 29, 1971. Mr. President: I transmit herewith H. 41, H. 28, H. 29 and II. 8, a amended, which have passed the House. FITZWATER, Chief Clerk. H. 41, H. 28, H. 29 and H. 8, as amended, were file for first reading. January 29, 1971. Mr. President: I transmit herewith Enrolled H. 7 and H. 10 which hay been signed by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign Er rolled H. 7 and II. 10 and, when so signed, ordered ther returned to the House.
January 29J
SENATE JOURNAL Motions and Resolutions On request by Senator Bivens, granted by unanimous consent, H.J.M. 1 was ordered he1d at the Tenth Order of Business, Motions and Resolutions, until Wednesday, February 3, 1971. Introduction, First Reading and Reference of Bills S. 1050 By JUDICIARY AND RULES COMMITTEE AN ACT Relating to affairs of decedents, including non-probate transfers at death, of missing persons, protected persons, minors, incapacitated persons and constituting the Uni form Probate Code; setting forth the substantive and procedural rules governing distribution and management of property at death, including the order of succession to and distribution of intestate separate and community property, the rights of surviving spouses to property of the decedent and to elect to take contrary to the terms of a will, the rights of pretermitted children; rules re quiring survival for a limited period to be applied in the event of death intestate and presumptively in the event of death testate; rules fixing the rights of surviving spouses and dependent children to homestead, exempt property and a family allowance; rules prescribing the requirements for execution, construction, revocation and revival of wills and testamentary instruments and pre venting lapse in certain cases; rules for execution of contracts concerning succession; rules governing the effect of renunciation, divorce, annulment and separation, and homicide upon succession, testate and intestate, and upon certain contractual arrangements; rules of evidence relating to proof of matters involved in the administra tion of estates; rules describing the effect of probate, requiring that a will be presented within a limited time for probate; rules fixing venue; rules establishing statutes of limitation in actions by and against the estate of a decedent, rules establishing rights of priority and requirements for appointment as personal representa tive, the duties and powers of personal representatives, manner of appointment, control and termination of authority of personal representatives, successor per sonal representatives and special administrators; the designation of clerks of the District Court as registrars of wills; flexible rules for the administration of estates involving application for informal probate and appoint ment to the registrar of wills and action upon such applications by the registrar; petitions for formal tes tacy, appointment and determination of heirship to the court and action upon such petitions; requirements for notice and bonding; supervised administration; rules for the distribution of property by the personal repre sentative and the availability and effect of orders for final settlement; the effect of conveyances and other instruments executed by personal representatives and other courts; the effect of recording upon instruments and orders; rules and requirements for presentation, pay ment and determination of creditors’ claims; rules for collection of small amounts of personal property by affidavit and summary administration of small estates; rules for the compromise of controversies; rules for administration of multi-state estates; and certain other matters relating to the devolution and distribution of property at death; setting forth rules for the protec bion of persons who are minors, incapacitated, disabled or missing, including rules permitting payment of certain amounts without formal proceedings and affording pro tection to payors; procedures for designation and appoint ment of guardian of the person of minors, the powers, duties, and responsibilities of such guardians, and ter oiination or removal of such powers; the procedures for designation and appointment of guardians of the person of incapacitated persons, the powers, duties and responsibilities of such guardians, and termination or removal of such powers; procedures for designation and sppointment of conservators of the property of minors and disabled persons, the powers, duties and responsibilities
of such conservators and the effect of their acts, termina tion of authority and removal of conservators; rules relating to matters involving the administration of funds payable by the Veterans Administration; and certain other matters relating to incapacitated persons or minors; establishing rules pertaining to the designation of per sons with power of attorney and the effect of death or incompetency upon such agents; establishing rules and presumptions for multi-party accounts, affording protection to financial institutions and structuring rules for payment of such accounts upon death; establishing a requirement for registration of trusts and the effect of failure to register; establishing jurisdiction over trusts; setting forth the duties and liabilities of trustees; eliminating the distinction between testamentary and other trusts and setting forth certain other matters pertaining to trusts; repealing Section 5-231, Idaho Code; repealing Chapters 1, 2 and 3, Title 14, Idaho Code; repealing Sections 14-418, 14-419, 14-420, 14-421, 14-422 and 14-423, Idaho Code; repealing Chapters 1 through 15 and Chapters 17 through 22, Title 15, Idaho Code; providing that Chapter 16, Title 15, Idaho Code, from the time of the effective date of this act is designated as Chapter 1, Title 14, Idaho Code; repealing Section 32-921, Idaho Code; repealing Section 68-1101, Idaho Code; amending Sections 6-542 and 6-543, Idaho Code, to conform said sections to the Uniform Probate Code; amending Section 14-405, Idaho Code, to provide that the lien therein provided shall be released from property sold or transferred and shall attach to realized pro ceeds; amending Chapter 4, Title 14, Idaho Code, to add a new section to be known as Section 14-418, Idaho Code, vesting administration of the Transfer and Inheritance Tax Act in the Idaho Tax Commission; amending Sec tions 15-1602, 15-1603, 15-1605, 15-1609, 15-1611, 15-1612, 15-1613, 15-1615, 15-1616, 15-1619 and 15-1620, Idaho Code, to conform said sections to the Uniform Probate Code and providing for renumbering of said sections; amending Sections 30-511 and 30-512, Idaho Code, to conform said sections to the Uniform Probate Code; amending Chapter 9, Title 32, Idaho Code, to add a new section to be known as Section 32-912A, Idaho Code, declaring the wife to be manager of community prop erty in the event of insanity of the husband; amending Chapter 3, Title 66, Idaho Code, to add a new section to be known as Section 66-360, Idaho Code, providing for commitment of persons eligible for care or treatment by the Veterans Administration or other federal agency to such federal administration or agency and providing rules and procedures for such commitment; providing that this act shall be in full force and effect on and after July 1, 1972. providing for certain transitional matters; and providing for severability. S. 1050 was introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. H. 41, by Ways and Means Committee, was introduced read the first time at length and referred to the Local Government and Taxation Committee. II. 28 and II. 29, by Judiciary, Rules and Administration Committee, were introduced, read the first time at length and referred to the Judiciary and Rules Committee. H. 8, as amended, by Health and Welfare Committee, was introduced, read the first time at length and referred to the Health, Education and Welfare Committee. Third Reading of Bills The President called President Pro-Tempore Ellsworth to the Chair. H. 5 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Bilyeu, Bivens, Brown, Budge Crook ham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), —
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February 1
ivans, Fredericksen, High, Manley, Mitchell, Mix, Murphy, ‘eavey, Saxvik, Solberg, Stoicheff, Summers, Swenson, rarbrough. Total—24, NAYS—None. Barker, Brassey, Chase, Cobbs, Absent and excused Cidwell, Klein, Manning, Miller, Rigby, Steen, Williams. otal—11. Total—35. Whereupon the President Pro-Tempore declared the )ill passed. Title was approved and the bill ordered returned to ;he House. The President returned to the Chair. H. 14 was read the third time at length, section by ection and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Bilyeu, Bivens, Brown, Budge, Crook jam, Crutcher, Egbert, fllsworth (20), Ellsworth (30), vans, Fredericksen, High, Manley, Mitchell, Mix, Murphy, ‘eavey, Saxvik, Solberg, Stoicheff, Summers, Swenson, arbrough. Total—24. NAYS-None. —
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Barker, Brassey, Chase, Cobbs, Absent and excused idwell, Klein, Manning, Miller, Rigby, Steen, Williams. rotal—li. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the Elouse. H. 15 was read the third time at length, section by 3ection and placed before the Senate for final considera ;ion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Bilyeu, Bivens, Brassey, Brown, Budge, Drookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High. Manley, Mitchell, Mix, ?vlurphy, Peavey, Saxvik, Solberg, Stoicheff, Summers, 3wenson, Yarbrough. Total—25. NAYS-None. Barker, Chase, Cobbs, Kidwell, Absent and excused Klein, Manning, Miller, Rigby, Steen, Williams. Total—lO. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to he House. General Calendar The President declared the Senate recessed and called $enator Bivens to the Chair to preside during the sitting of the Committee of the Whole. Following the adjournment of the Committee of the Whole, the President called the Senate to order. Report of the Committee of the Whole Senator Bivens, Chairman of the Committee of the Whole, reported out S. 1025 without recommendation, amended as follows: Senate Amendment to S. 1025 Amendment to Section 1 On page 1 of the printed bill, in line 24, after the word ‘whose”, strike the word “net” and insert thereafter the word “taxable”. BIVENS, Chairman. On motion by Senator Bivens, seconded by Senator Murphy, the report was adopted.
Senate amendment to S. 1025 was referred to the Judi ciary and Rules Committee for printing. 5. 1025, as amended, was referred to the Judiciary and Rules Committee for engrossing. There being no objection, the Senate returned to the Twelfth Order of Business. Second Reading of Bills S. 1003, by Judiciary and Rules Committee was read the second time at length and filed for third reading. S. 1011, by Resources and Environment Committee, was read the second time at length and filed for third read ing. H. 13, H. 30, H. 31, H. 32 and H. 33, by Local Gov ernment Committee, were read the second time at length and filed for third reading. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec onded by Senator Evans, the Senate adjourned until 10:30 o’clock n.m., Monday, February 1, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
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TWENTY-SECOND LEGISLATIVE DAY MONDAY, FEBRUARY 1, 1971 Senate Chamber, Boise, Idaho, February 1, 1971. President Murphy called the Senate to order at 10:30 n.m. Roll call showed all members present. The following prayer was offered by Chapain Newell Morgan: O Lord most high be Thou very near. Thou Who has watched over the past and knows the future be present with us now. Before each of us, Our Lord God, are the duties and responsibilities of the week. Help these as Senators and President of the Senate keep a proper perspective relat ing to all things before them. In committee room, in conference room, in open forum, in floor debate, in the gathering of facts, in the process of mind and thought, guide them, each, in the ways that make for progress, wise decisions and good laws that bear on the best of self-government. In Christ’s Name, Amen. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Thursday, January 2$, 1971 was read and approved as corrected. KLEIN, Chairman. Report adopted. Reading of Communications A letter was read by the Secretary from the Internal Revenue Service regarding expense allowances of Sena tors, for income tax purposes. The President ordered the communication filed in the office of the Secretary of the Senate and to be available to any Senator upon request. Presentation of Petitions, Resolutions and Memorials The following memorial was read at length by the Secretary:
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S.J.M. 105 By STATE AFFAIRS COMMITTEE A JOINT MEMORIAL To the Honorable Senate and House of Representatives )f the United States in Congress assembled. We, your Memorialists, the Senate and House of Repre entatives of the state of Idaho assembled in the First Eegular Session of the Forty-first Idaho Legislature, do respectfully represent that: WHEREAS, the government of the United States is party to the Geneva Convention, having acceded to the :erms of the convention on August 2, 1955; and WHEREAS, the government of North Vietnam is a arty to the Geneva Convention, having acceded to the benns of the convention on June 28, 1957; and WHEREAS, it is the intent of the Geneva Convention bhat the high contracting parties to the convention insure he proper and humanitarian treatment of prisoners, pro dde needed medical service and supplies to sick and vounded prisoners, release the names of prisoners held by them, release the names of combatants known to have been killed, deliver mail to prisoners, and allow the im partial inspection of prisoners of war camps and facilities; md WHEREAS, the government of North Vietnam has not :onformed its actions to the terms of the Geneva Con vention and has shown a blatant disregard for the feel ngs of the families of prisoners held and has ignored bhe representations of interested persons throughout the world. NOW, THEREFORE, BE IT RESOLVED by the First Regular Session of the Forty-first Idaho Legislature, speaking for and on behalf of the people of the state f Idaho, that the Congress of the United States take ll possible steps to bring the weight of world public )pmion to bear on the government of North Vietnam to require them to live up to the terms of the Geneva Con vention which our government has signed in good faith and with which we are conforming. BE IT FURTHER RESOLVED that the Secretary of bhe Senate be, and he is hereby authorized and directed o forward copies of this Memorial to the President of ±e Senate and the Speaker of the House of Representa Uves of the Congress of the United States. S.J.M. 105 was referred to the Judiciary and Rules Committee for printing. Reports of Standing Committees February 1, 1971. The JUDICIARY AND RULES Committee reports that 1044, S. 1045, 5. 1046, 5. 1047, 5. 1048, 5. 1050, S.J.M. t04, S.C.R. 105, S.C.R. 106 and amendments to S. 1025 have been correctly printed. KLEIN, Chairman. 5. 1044, 5. 1045 and 5. 1050 were referred to the Judi nary and Rules Committee. S. 1046 and 5. 1047 were referred to the Health, Edu iation and Welfare Committee. 5. 1048 was referred to the Local Government and Taxation Committee. S.J.M. 104, S.C.R. 105 and S.C.R. 106 were referred bo the Tenth Order of Business, Motions and Resolutions md ordered held at the desk for two legislative days, February 1, 1971. The JUDICIARY AND RULES Committee reports that 1025, as amended, has been correctly engrossed. KLEIN, Chairman. 5. 1025, as amended, was filed for first reading. .
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February 1)
February 1, 1971. The JUDICIARY AND RULES Committee reports thai S.R. 101 has been correctly enrolled. KLEIN, Chairman. The President announced he was about to sign Enrolled S.R. 101 and ordered it referred to the Judiciary and Rules Committee for transmittal to the Secretary oI State. February 1, 1971. The LOCAL GOVERNMENT AND TAXATION Com. mittee reports out H. 41 with the recommendation that ii do pass. BROWN, Chairman. February 1, 1971. The STATE AFFAIRS Committee reports out S. 1013 with the recommendation that it be printed. SUMMERS, Chairman. February 1, 1971. The STATE AFFAIRS Committee reports out S. 1030 with the recommendation that it do pass. SUMMERS, Chairman. H. 41 and S. 1030 were filed for second reading, S. 1013 was referred to the Judiciary and Rules Com mittee for printing. Messages from the House January 30, 1971. Mr. President: I transmit herewith H. 78, H. 1, H.J.M. 2, H. 46 and H. 20 which have passed the House. FITZWATER, Chief Clerk. H. 78, H. 1, H. 46 and H. 20 were filed for first reading. H.J.M. 2 was referred to the Tenth Order of Business. Motions and Resolutions The following memorial was read by the Secretary: H.J.M. 2 By CLAIBORN AND ANTONE A JOINT MEMORIAL The Honorable President of the United States, the Honorable Senate and House of Representatives of the United States in Congress assembled, the Honorable Congressional Delegation of the state of Idaho, and the Honorable Secretary of the United States Department of Agriculture. We, your Memorialists, the Senate and House of Repre sentatives of the state of Idaho assembled in the First Regular Session of the Forty-first Idaho Legislature, do hereby respectfully represent that: WHEREAS, a majority of the world’s population does not receive adequate foodstuffs to maintain a balanced diet, and many people are actually starving; and WHEREAS, the American farmer has been encouraged to increase production to help meet the demand of the world’s population while still sustaining the health of the citizens at home; and WHEREAS, while the farmer has increased produc tion, he has also paid higher prices for the products and services he has utilized including higher wages to labor, higher rates for transportation, and higher prices for equipment; and WHEREAS, the farmer is now receiving proportionately less for the products of his labor than he has received at any time in the last two decades, and many farm families
[February 1
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are being forced to abandon their livelihood in agricul bure; and WHEREAS, this plight of the farmer has not improved and has actually deteriorated despite the higher prices the :onsumer is paying for farm products. NOW THEREFORE, BE IT RESOLVED by the First Reguiar Session of the Forty-first Legislature of the state of Idaho, now in session, the House of Representa lives and Senate concurring, that we most respectfully arge the President of the United States, the Congress, and the Secretary of Agriculture to recognize the prob ‘ems facing agriculture and undertake to provide solutions Por the great disparity between the prices paid to the rarmer and the prices paid by the consumer for agricul bural products. BE IT FURTHER RESOLVRD that the Clerk of the Rouse of Represenatives be, and she is hereby auth Drized and directed to forward copies of this Memorial to bhe President of the United States, the President of the Senate, the Speaker of the House of Representatives, to the Senators and Representatives representing this state in the Congress of the United States, and to the Honorable Secretary of the United States Department of Agriculture H.J.M. 2 was ordered held at the desk for two legisla
tive days. On motion by Senator Summers, seconded by Senator Crutcher, the Gubernatorial appointment of Mr. Tom McEldowney as acting Commissioner of Finance, was confirmed. On motion by Senator Murphy, seconded by Senator Kidwell, the Gubernatorial appointment of Mr. H. Fred Garrett as Director of the Department of Employment, was confirmed. On motion by Senator Mix, seconded by Senator Bivens, the Gubernatorial appointment of Mr. Lloyd Howe as acting Executive Secretary of the Department of Com merce and Development, was confirmed. The President directed the Secretary of the Senate to prepare a list, for his signature, of the Gubernatorial appointment confirmations, attested to by the Secretary,
to be transmitted to the Governor informing him of the action of the Senate. Introduction, First Reading and Reference of Bills S. 1051 By MURPHY, CROOKHAM, SWENSON, FREDERICKSEN, MIX, MITCHELL, CHASE, MILLER, EVANS AND CRUTCHER AN ACT Amending Section 36-402, Idaho Code, relating to the enumerated exceptions from the purchase of hunting, trapping and fishing licenses, striking references to vet erans of the Civil and Spanish-American War, changing the age for elderly persons’ exception to sixty-five years of age or older, and providing that such persons must have been residents of the state ten years continuously preceding exemption. S. 1052 By CROOKHAM AN ACT Relating to labor relations; repealing Section 44-712, Idaho Code; amending Chapter 7, Title 44, Idaho Code, by the addition of a new Section 44-712, Idaho Code, defining the term “labor dispute”; and declaring an emergency. S. 1053 By JUDICIARY AND RULES COMMITTEE Amending Section 9-411, Idaho Code, by adding thereto a provision for secondary evidence of the contents of hospital medical charts or records; and amending Chap-
53
ter 4, Title 9, Idaho Code, by the addition of a new Section, to. be known as Section 9-420, Idaho Code, pro viding for proof of the contents of hospital medical charts or records by use of a certified copy thereof and providing a procedure whereby a subpoena duces tecum calling for the production of such charts or records may be satisfied by use of a certified copy and without attend ance by the custodian of the original thereof. 5. 1051 was introduced, read the first time at length and referred to the State Affairs Committee. S. 1052 was introduced, read the first time at length and referred to the Labor and Economic Development Committee. S. 1053 was introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. S. 1025, as amended, by Local Government and Taxa tion Committee, was read the first time at length and filed for second reading. H. 78, by State Affairs Committee, was introduced, read the first time at length and referred to the Labor and Economic Development Committee. H. 1, by Williams, was introduced, read the first time at length and referred to the Local Government and Taxation Committee. H. 46, by Edwards and Tregoning, was introduced, read the first time at length and referred to the Health, Edu cation and Welfare Committee. H. 20, by Health and Welfare Committee, was intro duced, read the first time at length and referred to the Health, Education and Welfare Committee. Third Reading of Bills S. 1026 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Eghert, Eflsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy Peavey, Rigby, Saxulk, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Brassey. Total—i. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. S. 1027 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellswort1 (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Swen. son, Williams, Yarbrough. Total—33. NAYS—None. Absent and excused—Brassey, Summers. Total—2. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitteE to the House. The President called President Pro-Tempore Ellswortl to the Chair.
SENATE JOURNAL S. 1003 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Senator Brown requested unanhnous consent, in accord ance with Senate Rule 39-f B), that he be excused from voting on S. 1003. Senator Murphy objected. Moved by Senator Brown, seconded by Senator Brassey, that he be excused from voting on S. 1003. Roll call vote was requested by Senators Murphy, Crutcher and Mix. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES Allen, Barker, Bivens, Brassey, Brown, Budge, Cobbs, Crookham, Egbert, Ellsworth f 20), Ellsworth (30), Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Peavey, Rigby, Saxvik, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—27. NAYS Bilyeu, Chase, Crutcher, Evans, Mitchell, Mix, Murphy, Solberg. Total—S. Total—35. More than two-thirds having voted in the affirmative, the President Pro-Tempore declared- the motion passed and Senator Brown excused from voting on S. 1003. Senator Williams requested unanimous consent that he be excused from voting on S. 1003. Senator Evans objected. Moved by Senator Williams, seconded by Senator Bivens, that he be excused from voting on S. 1003. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES Allen, Barker, Bivens, Brassey, Brown, Budge, Cobbs, Crookham, Egbert, Ellsworth (20), Ellsworth (30), Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Peavey, Rigby, Saxvik, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—27. NAYS Bilyeu, Chase, Crutcher, Evans, Mitchell, Mix, Murphy, Solberg. Total—S. Total—35. More than two-thirds having voted in the affirmative, the President Pro-Tempore declared the motion passed and Senator Williams excused from voting on S. 1003. The President Pro-Tempore announced S. 1003 is now before the Senate for final consideration. S. 1003 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES
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Chase, Cobbs, Egbert, Miller, Summers. Total
NAYS Allen, Barker, Bilyeu, Bivens, Brassey, Budge, Crookham, Crutcher, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Man ning, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Sol berg, Steen, Stoicheff, Swenson, Yarbrough. Total—28. Excused from voting—Brown, Williams. Total—2. Total—35. —
Whereupon the President Pro-Tempore declared the bill S. 1003 was ordered filed in the office of the Secretary of the Senate. S. 1011 was read the third time at length, section by
February 1]
section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Brassey, Brown, Budge Chase, Cobbs. Crookham, Crutcher, Egbert, Eflswortli (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams. Total—33. NAYS—Bivens, Yarbrough. Total—2. Total—35. Whereupon the President Pro-Tempore declared thE bill passed. Title was approved and the bill ordered transmitted tc the House. Senator Kidwell, having voted on the prevailing sidE by which S. 1011 passed in the Senate, served notice thai he may on the next legislative day move for reconsidera tion of the vote. The President Pro-Tempore ordered S. 1011 held at thE desk. On motion by Senator Kidwell, seconded by Senatoi Evans, the Senate recessed until 1:30 o’clock p.m. of thh day. —
RECESS Afternoon Sessien The Senate reconvened at 1:30 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present. Prior to recess the Senate was at the Thirteenth Ordei of Business. Third Reading of Bills H. 13 was read the third time at length, section by section and nlaced before the Senate for final considera tion, the question being, “Shall the bill pass ?“ Roll call resulted as follows: Allen, Bilyeu, Bivens, Brassey, Brown, Budge, AYES Chase, Crookham, Crutcher, Egbert, Ellsworth (20), Ells. worth (30), Evans, Fredericksen, High, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Total—30. NAYS Barker, Cobbs, Kidwell, Peavey, Yarbrough. Total—5. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. II. 30 was read the third time at length, section by sec tion and placed before the Senate for final consideration, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff. Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the house. —
[February 2
5
SENATE JOURNAL
H. 31 was read the third time an length, section by sec tion and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning Miller, Mitchell, Mix Murphy, Peavey, Rigby, Saxvik, olberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 32 was read the third time at length, section by sec tion and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 33 was read the third time at length, section by sec tion and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES Budge, Chase, Cobbs, Crookham, Crutcher, Eghert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. There being no objection, the Senate returned to the Sixth Order of Business. —
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Reports of Standing Committees February 1, 1971. The RESOURCES AND ENVIRONMENT Committee reports out S.J.M. 103 without recommendation. WILLIAMS, Chairman. S.3.M. 103 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the desk for two legislative days. Messages from the House February, 1, 1971. Mr. President: I transmit herewith Enrolled II. 5, H. 14 and H. 15 which have been signed by the Speaker.
FITZWATER, Chief Clerk.
The President announced he was about to sign En rolled II. 5, H. 14 and II. 15 and, when so signed, orderec them returned to the House. February 1, 1971. Mr. President: I transmit herewith H. 53, H. 56, II. 48 and return here with S. 1004 which have passed the House. FITZWATER, Chief Clerk. H. 53, H. 56 and H. 48 were filed for first reading. S. 1004 was referred to Judiciary and Rules Committe for enrolling. Introduction, First Reading and Reference of Bills S. 1054 By STATE AFFAIRS COMMITTEE AN ACT Amending the Employment Security Law by amendin Section 72-1366, Idaho Code, by disqualifying any claiman who leaves work voluntarily to marry, maintain a house hold or to leave the locale to live with a spouse unles said claimant is the main support of self or immethat family whereas the law presently disqualifies only femal claimants who leave work voluntarily for the reason enumerated; amending Section 72-1367, Idaho Code, b; changing the percentage of average weekly wage pal by covered employers in determining the weekly benefi amount from fifty-two and one-half percent to fifty-fly percent; and providing an effective date. S. 1054 was introduced, read the first time at lengt and referred to the Judiciary and Rules Committee fo printing. H. 53, by Education Committee, was introduced, rea the first time at length and referred to the Health, Edv cation and Welfare Committee. H. 56, by Printing and Legislative Expense Committe was introduced, read the first time at length and referre to the Judiciary and Rules Committee. H. 48, by Judiciary, Rules and Administration Commil tee, was introduced, read the first time at length an referred to the Judiciary and Rules Committee. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec onded by Senator Crutcher, the Senate adjourned unt 11:00 o’clock a.m., Tuesday, February 2, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
TWENTY-THIRD LEGISLATIVE DAY TUESDAY, FEBRUARY 2, 1971 Senate Chamber, Boise, Idaho, February 2, 1971. President Murphy called the Senate to order at 11:C o’clock a.m. Roll call showed all members present. The following prayer was offered by Chaplain Newe Morgan: Almighty God, Whose Presence fills all, even this Chan ber, we willingly admit our faith in Thee. It is Thy great love for us that has provided that whic sustains. We thank Thee for fertile fields, flowing stream resources of forest and mine.
SENATE JOURNAL We. thank Thee for such resources as human wisdom, onesty, skill, integrity. Help us in the freedom and re ponsibiity of self-government to build wisely and well in .11 things. Guide those who serve the citizens of this State and ation. Grant them great wisdom and insight. Give them trength for the performing of their many duties. May he sense of achievement give them satisfaction and en ouragement. In the Name of the Christ, Amen. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that he Senate Journal of the proceedings of Friday, January 9, 1971 and Monday, February 1, 1971 was read and •pproved as corrected. KLEIN, Chairman. Report adopted. At the request of Senator Murphy, the Secretary read statement in appreciation of the expressions of concern luring the illness of Mrs. Murphy. The President ordered the statement filed in the office f the Secretary of the Senate. Reports of Standing Committees February 2, 1971. The JUDICIARY AND RULES Committee reports that L 1013, S. 1053, S. 1054 and S.J.M. 105 have been cor ectly printed. KLEIN, Chairman. S. 1013 and 5. 1054 were referred to the State Affairs ommittee. S. 1053 was referred to the Judiciary and Rules Commit se. S.J.M. 105 was referred to the Tenth Order of Business, ‘otions and Resolutions, and ordered held at the desk for wo legislative days. February 1, 1971. The JUDICIARY AND RULES Committee reports that nrolled S.R. 101 was delivered to the Secretary of State t 1:40 o’clock p.m. on February 1, 1971. KLEIN, Chairman. The President ordered the report filed in the office of he Secretary of the Senate. February 1, 1971. The LABOR AND ECONOMIC DEVELOPMENT Corn iittee reports out H. 78 with the recommendation that do pass. ELLSWORTH (30), Chairman. On request by Senator Kidwell, granted by unanimous rnsent, II. 78 was referred to the Tenth Order of Busi ess, Motions and Resolutions. February 2, 1971. The COMMERCE AND BANKING Committee reports ut S. 1022 with the recommendation that it do pass. BRASSEY, Chairman. S. 1022 was filed for second reading. February 2, 1971. The JUDICIARY AND RULES Committee reports that 1004 has been correctly enrolled. KLEIN, Chairman. The President announced he was about to sign Enrolled 1004 and when so signed, ordered it transmitted to the ouse for the signature of the Speaker.
February 2]
February 1, 1971. The LABOR AND ECONOMIC DEVELOPMENT Com mittee reports out S. 1028 and S. 1038 with the recom mendation that they be printed. ELLSWORTH (30), Chairman. S. 1028 and S. 1038 were referred to the Judiciary and Rules Committee for printing. Motions and Resolutions Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 78 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that II. 78 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Evans. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—32. NAYS—None. Absent and excused—Crookham, Miller, Mitchell. Total —3. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. H. 78 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Eghert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, $axvik, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams. Total—33. NAYS—Brassey, Yarbrough. Total—2. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. The President announced that S. 1011, held at the desk for possible reconsideration of the vote by which it passed in the Senate, and no motion for reconsideration having been received, ordered it transmitted to the House. Introduction, First Reading and Reference of Bills S. 1055 By CROOKHAM AN ACT Providing that commencing on January 1, 1973, one quarter of the market value for assessment purposes of single family dwellings shall be exempt from ad valorem taxation, providing that one-quarter of the market value of single family dwellings means one-quarter of the market value of improvements to real property that are used as single family dwellings, providing duties of
SENATE JOURNAL
:February 3
he assessor for the purposes of this section, and pro riding duties of the State Tax Commission. S. 1056 By FINANCE COMMITTEE AN ACT Appropriating moneys out of the general fund to the Dommissioner of Agriculture for the purposes of assisting rnd cooperating with the Federal Livestock Reporting 3ervice of the United States Department of Agriculture; xempting this appropriation from the Standard Appro )nations Act of 1945; and declaring an emergency. S. 1055 was introduced, read the first time at length and referred to the Local Government and Taxation Commitbee. S. 1056 was introduced, read the first time at length and referred to the Judiciary and Rules Committee for print ing. Second Reading of Bills H. 41, by Ways and Means Committee, was read the second time at length and filed for third reading. S. 1030, by State Affairs Committee, was read the second time at length and filed for third reading. S. 1025, as amended, by Local Government and Taxa tion Committee, was read the second time at length and filed for third reading. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, see Dnded by Senator Crutcher, the Senate recessed until 1:30 o’clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present. Prior to recess the Senate was at the Fifteenth Order of Business. There being no objection, the Senate reutrned to the Ninth Order of Business. Messages from the House February 2, 1971. Mr. President: I transmit herewith H. 52 and return herewith S.C.R. 104 which have passed the House. FITZWATER, Chief Clerk. H. 52 was filed for first reading. S.C.R. 104 was referred to the Judiciary and Rules Committee for enrolling. Introduction, First Reading and Reference of Bills H. 52, by Judiciary, Rules and Administration Com mittee, was introduced, read the first time at length and referred to the Judiciary and Rules Committee. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec onded by Senator Crutcher, the Senate adjourned until 10:30 o’clock n.m., Wednesday, February 3, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON Secretary.
57 TWENTY-FOURTH LEGISLATIVE DAY WEDNESDAY, FEBRUARY 3, 1971
Senate Chamber, Boise, Idaho, February 3, 1971. President Murphy called the Senate to order at 10:30 o’clock a.m. Roll call showed all members present. The following prayer was offered by Chaplain Newell Morgan: Our Sovereign Lord God Whose love is eternal, Whose patience is infinite and Wbose kindness encompasses all, hear us again as we pray. Beyond the words that are halt ing and inadequate consider the intent of our hearts. It is our need and our love that brings us before Thee. As heirs we have received a great and priceless heritag€ in freedom and democracy. This has also made us trustees of this costly legacy. Help us never to forget the pricE paid for democracy and freedom. Lead us in the eternal vigilance required to preserve them. Help these Senators and the Lt. Governor as, in thesE days, they face up to the financial, educational, legal and political problems before them. Keep them strong, om God, in conviction, give them deep insight for these times and give them great courage for their testing. May all they do today be a credit to them, and bring satisfaction to all the citizens of this great state. In Our Lord’s Name, Amen. Reports of Standing Committees February 3, 1971. The JUDICIARY AND RULES Committee reports thai S. 1028, S. 1038 and S. 1056 have been correctly printed. KLEIN, Chairman. S. 1028 and S. 1038 were referred to the Labor anc Economic Development Committee. S. 1056 was referred to the Agricultural Affairs Corn mittee. February 3, 1971. The AGRICULTURAL AFFAIRS Committee report out S. 1037 and S. 1040 with the recommendation that they be printed. SWENSON, Chairman. S. 1037 and S. 1040 were referred to the Judiciary am Rules Committee for printing. February 3, 1971. The JUDICIARY AND RULES Committee reports ou S. 1053 with the recommendation that it do pass. KLEIN, Chairman. February 3, 1971. The JUDICIARY AND RULES Committee reports ou S. 1029 without recommendation. KLEIN, Chairman. S. 1053 and S. 1029 were filed for second reading. February 3, 1971. The JUDICIARY AND RULES Committee reports ou H. 28, H. 52 and H. 56 with the recommendation that the do pass. KLEIN, Chairman. H. 28, H. 52 and H. 56 were filed for second reading.
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February 2, 1971. The TRANSPORTATION Committee reports out S. 1035 with the recommendation that it do pass. BUDGE, Chairman. S. 1035 was filed for second reading. February 3, 1971. The JUDICIARY AND RULES Committee reports that S.C.R. 104 has been correctly enrolled. KLEIN, Chairman. The President announced he was about to sign Enrolled S.C.R. 104, and, when so signed, ordered it transmitted to the House for the signature of the Speaker. February 3, 1971. The LOCAL GOVERNMENT AND TAXATION Com mittee reports out II. 1 and S. 1048 with the recommen dation that they do pass. BROWN, Chairman. February 3, 1971. The AGRICULTURAL AFFAIRS Committee reports Dut S. 1032, H. 35 and S. 1033 with the recommendation that they do pass. SWENSON, Chairman. H. 1, S. 1048, S. 1032, H. 35 and S. 1033 were filed for second reading. February 3, 1971. The LOCAL GOVERNMENT AND TAXATION Com mittee reports out S. 1055 with the recommendation that it be printed. BROWN, Chairman. S. 1055 was referred to the Judiciary and Rules Com mittee for printing. February 3, 1971. The HEALTH, EDUCATION AND WELFARE Com mittee reports out II. 40, II. 46 and S. 1046 with the recommendation that they do pass. BARKER, Chairman. H. 40, H. 46 and S. 1046 were filed for second reading. February 3, 1971. The STATE AFFAIRS Committee reports they have had under consideration the Gubernatorial appointments Listed below and recommend that said appointments be confirmed by the Senate. Mr. W. Carl Griner as State Inspector of Mines to serve at the pleasure of the Governor. Mr. Marvin Misner as acting Director of the State Planning and Community Affairs Agency, to serve at the pleasure of the Governor. Mr. Kenneth Anderson, to the Soil Conservation Com nission, his five year term commencing July 1, 1970. SUMMERS, Chairman. The Gubernatorial appointments were referred to the renth Order of Business, Motions and Resolutions, and rdered held at the desk for one legislative day. Motions and Resolutions The President announced that H.J.M. 1 was before the Senate for consideration. Moved by Senator Peavey, seconded by President Pro rempore Ellsworth, that H.J.M. 1 be adopted. Roll call vote was requested by Senators Kidwefl, Bivens and Summers.
February 3]
The question being, “Shall the memorial be adopted?’ Roll call resulted as follows: AYES—Allen, Barker, Bivens, Brassey, Brown, Budge Chase, Cobbs, Egbert, Ellsworth (20), Ellsworth (30), Fredericksen, High, Kidwell, Miller, Peavey, Rigby, Steen, Summers, Swenson, Williams, Yarbrough. Total—22. NAYS—Bilyeu, Crookham, Crutcher, Evans, Klein, Man ley, Manning, Mitchell, Mix, Saxvik, Solberg, Stoicheff. Totsl—12. Absent and excused—Murphy. Total—i. Total—35. Whereupon the President declared H.J.M. 1 adopted. Title was approved and the memorial ordered returned to the House. The President announced that S.J.M. 104 was before the Senate for consideration. On motion by Senator Peavey, seconded by Senator Bivens, S.J.M. 104 was adopted, title was approved and the memorial ordered transmitted to the House. On request by Senator Kidwell, granted by unanimous consent, S.C.R. 105 was placed at the foot of the Tenth Order of Business, Motions and Resolutions. The President announced that S.C.R. 106 was before the Senate for consideration. Moved by Senator Budge, seconded by Senator Stoicheff, that S.C.R. 106 be adopted. The question being, “Shall the resolution be adopted?” Roll call resulted as follows: AYES—Allen, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crutcher, Ellsworth (20), Ellsworth (30), Fredericksen, High, Kidwell, Klein, Manning, Miller, Mitchell, Mix, Peavey, Rigby, Saxvik, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—28. NAYS Barker, Crookham, Egbert, Evans, Manley, Solberg. Total—6. Absent and excused—Murphy. Total—i. Total—35. ‘Thereupon the President declared S.C.R. 106 adopted. Title was approved and the resolution ordered trans mitted to the House. On motion by President Pro-Tempore Ellsworth, sec onded by Senator Mix, the Senate recessed until 1:30 o’clock p.m. of this day. —
RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present. Prior to recess the Senate was at the Tenth Order of Business. Motions and Resolutions Senator Kidwell, having voted on the prevailing side by which H.J.M. 1 passed in the Senate, served notice that he may on the next legislative day move for recon sideration of the vote. The President ordered H.J.M. 1 held at the desk. On request by Senator Kidwell, granted by unanimous consent, all rules of the Senate interfering with the immediate reconsideration of the vote on H.J.M. 1, were suspended. Roll call vote was requested by Senators Kidwell, Mix and President Pro-Tempore Ellsworth. The question being, “Shall the memorial be adopted?”
[February 3
SENATE JOURNAL
Roll call resulted as follows: AYES—Allen, Barker, Bivens, Brassey, Brown, Budge, Chase, Cobhs, Egbert, Ellsworth (20), Ellsworth (30), Fredericksen, High, Kidwell, Klein, Miller, Peavey, Rigby, Saxvik, Steen, Summers, Swenson, Williams, Yarbrough. Total—24. NAYS—Bilyeu, Crookham, Crutcher, Evans, Manley, Manning, Mitchell, Mix, Murphy, Solberg. Total—lO. Absent and excused—Stoicheff. Total—i. Total—35. Whereupon the President declared ll.J.M. 1 adopted. Title was approved and the memorial ordered re turned to the House. On request by Senator Manley, granted by unanimous consent, S.J.M. 103 was referred to the Fourteenth Order of Business, General Calendar. The President announced H.J.M. 2 was before the Sen ate for consideration. On motion by Senator Bivens, seconded by Senator Murphy, H.J.M. 2 was adopted. Title was approved and the memorial ordered returned to the House.
Q: Definition of “open sessions”. Is this statute con stitutional? The Senate has adopted Mason’s Manual of Procedurc (See Mason’s Manual, Sec. 2, Page 30, Subsection 1, 2, 3 and 4.) Introduction, First Reading and Reference of Bills S. 1057 By JUDICIARY AND RULES COMMITTEE AN ACT Relating to coin operated machines, prohibiting ti’ opening or damaging of any coin operated machine, pro hibiting the possession of any print, mold or drawin of any key or device specifically designed to open coin operated machine; providing that this act shall no affect Chapter 74, Laws of 1963; and providing penalt3 S. 1058 By KIDWELL AN ACT Amending Section 40-2709, Idaho Code, relating t tax levies for highway purposes, to provide that highwa taxes levied in incorporated cities shall be returned t that city; and providing an effective date.
The President announced S.C.R. 105 was before the Senate for consideration. Moved by Senator Kidwell, seconded by Senator Crutcher, that S.C.R. 105 be adopted.
S. 1059 By HEALTH, EDUCATION AND WELFARE COMMITTEE AN ACT Amending Section 41-3401, Idaho Code, to substitute th term “licensee” for the term “physician” wherever th same appears and to correct a typographical erroi amending Section 41-3403, Idaho Code, by providmg thi a professional service corporation may provide health cai services by one or more categories of licensees, includm chiropractors, dentists, optometrists, osteopaths, pharm cists, physicians and surgeons, of either medicme c surgery or of osteopathic medicine and surgery, an podiatrists; amending Section 41-3406, Idaho Code, b requiring the articles of incorporation of a professiom service corporation to specify the categories of partic pant licensee services to be provided; amending Secho 41-3408, Idaho Code, by requiring a professional servic corporation to have in force service agreements wit participating licensees sufficient to furnish the categoriE of health care services to be provided to its subscriber and providing that the corporation be ready and willing i enter into service agreements with all licensees of eac category specified in its articles of incorporation wli desire to become participants and who practice within ti area served by the corporation; amending Section 41-340 Idaho Code, by requiring that in applying for a cert ficate of authority a professional service corporatic shall file with the Commissioner of Insurance a copy each proposed service agreement with participant licenseE and list of names and addresses, and service agreemei dates, of such licensees; amendinv Section 41-341 Idaho Code, by providing for issuance of certificate authority to a professional service corporation when ii apulication is completed and the commissioner finds qualified therefor; amending Section 41-3411, Idaho Cod by providing for the continuation and expiration of cert ficate of authority of professional service corporatioi amending Section 41-3413, Idaho Code, by providing th a professional service corporation may provide its sul scribers with services of one or more participant licenSE categories, with indemnity for professional services re: dered by licensees of categories specified in the sul scriber’s contract, including any category of participai licensees, and for services of other persons duly lIcenSE to engage in any health care profession or practice, ar limiting the charge for such indemnity services to ni exceeding one-third of the total charges to subscribe: for all services and benfits in any calendar year; amem ing Section 41-3415, Idaho Code, by requiring profession service corporations to enter into service agreements on
The question being, “Shall the resolution be adopted?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher Egbert, Ells worth (30), Evans, High, Kidwell, Klein, !Yfanning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Wffliams, Yarbrough. Total—32. NAYS—Manley. Total—i. Absent and excused Ellsworth (20), Fredericksen. Total—2. Total—35. —
The President declared S.C.R. 105 adopted. Title was ap proved and the resolution ordered transmitted to the House. The President requested an advisory opinion from the Judiciary and Rules Committee to this effect: Q: May a committee of the Senate or a Joint Com mittee sit in executive session excluding the public and even other legislators? Rule 20F says yes except legislators, and then they may be excluded when the committee votes. Article 3, Sec. 9, Idaho Constitution: Powers of each house.—Each house when assembled shall choose its own officers; judge of the election, quali fications and returns of its own members, determine its own rules of proceeding, and sit upon its own adjourn ments; but neither house shall, without the concurrence of the other, adjourn for more than three days, nor to any other nlace than that in which it may be sitting. Article 3, Sec. 12: Secret sessions prohibited.—The business of each house, and of the committee of the whole shall be transacted openly and not in secret session. However, Idaho Code 67-3513 says: “The standing com mittees of the House of Representatives and of the Senate in charge of appropriation measures shall sit jointly in open sessions while considering the budget
SENATE JOURNAL tvith licensees duly licensed by the state, providing ;hat each service agreement shall require the participant icensee to furnish the participant licensee service to e provided under the subscriber’s contract as a direct )bhgation of the licensee to the subscriber, that a par ;icipant licensee be compensated for his services under ormula or fee schedule contained in the service agree nent and not otherwise by the professional service cor oration, and that withdrawal of a participant licensee rom the service agreement not be effective as to sub cribers’ contracts currently in force until the earlier of ;uch contract’s next anniversary or its expiration and )Toviding that this section shall not apply as to parti ipant pharmacists; amending Section 41-3415A, Idaho lode, by making changes of language necessary for cor elation with preceding amending sections, and without hange of substance; amending Section 41-3417, Idaho lode, to provide that a subscriber’s contract shall consti ;ute a direct obligation of the participant licensee to ender the professional services agreed to be rendered y the participant in the subscriber’s contract, that the ubscriber’s contract set forth the services to which the ubscriber is entitled from participant licensees, and that to such contract restrict subscriber’s right to free choice f licensee, within the categories provided for in the ontract, but that the contract may restrict benefits for ervices of nonparticipant licensees and nonparticipant tospitals; amending Section 41-3418, Idaho Code, to re uire service agreements and subscribers’ contracts issued y a service corporation on a service basis to provide for tealth care services of substantial and broad character o be rendered on service basis by participant licensees, vithin scope of health care services which may othervise lawfully be provided by such licensees, and authorsing commissioner to establish reasonable minimums of ervice benefits to be so provided, and providing for master ontracts with greater or lesser service or indemnity enefits upon written request by the group when benefits nd rates are clearly defined and filed with the Commis ioner of Insurance; amending Section 41-3422, Idaho Jode, by requiring surplus funds of $50,000 for a pro essional service corporation or $100,000 for a combina ion professional-hospital service corporation; amending ection 41-3428, Idaho Code, by authorizing joint man .gement of hospital service corporation and professional ervice corporation to reduce operating costs; amendrig Section 41-3429, Idaho Code, by providing for com med professional service and hospital service corporation, equiring professional services of such combined corporation o comply with provisions otherwise applicable to profes ional service corporations, and permitting such a com med corporation to issue subscribers’ contracts providing or both professional and hospital services; amending Sec ion 41-3430, Idaho Code, relating to subscribers’ contracts overing workmen’s compensation risks by substituting the erm “licensees” for the term “physicians” wherever the rime appears; amending Section 41-3431, Idaho Code, to rovide for annual settlements by service corporations rith participant licensees whose bills during preceding alendar years have not been paid in full; and repealing ections 41-3404A, 41-3404B and 41-3414A, Idaho Code. S. 1060 By BUDGE AN ACT Repealing Sections 67-427 through 67-440, Idaho Code, mlusive; and providing an effective date. S. 1061 By LOCAL GOVERNMENT AND TAXATION COMMITTEE AN ACT Amending Section 49-2608, Idaho Code, relating to snow obiles, by changing the amount of moneys to be re sined by the county from fifty per cent to eighty per ent and the amount credited to the “search and rescue und” from forty per cent to ten per cent and allowing the
February 3]
counties to use said funds for establishing and maintain ing parking and unloading areas on public and private lands. S. 1062 By KIDWELL AND STOICHEFF AN ACT Amending Section 40-405, Idaho Code, relating to apportionment of the State Highway Fund, by providing that fifteen per cent of the amount allocated to local units shall be divided among counties on the basis of population of cities within the county, by providing that the sums apportioned shall be paid into the County High way Distribution Fund, by providing that such fund shall be established in each county, by providing that the remainder of the State Highway Fund allocated to local units of government shall be deposited in the County Highway Distribution Fund, and by providing a method for apportioning the moneys in the County Highway Distribution Fund among the cities within the county and the County Road Fund; and providing an effective date. S. 1063 By RESOURCES AND ENVIRONMENT COMMITTEE AN ACT Relating to feasibility proposals by the Director of the Department of Water Administration or Water Resource Board or by any agency or department of the state of Idaho or of the United States, concerning reclamation proposals, requiring the holding of hearings and setting out procedures for hearing and determinations. S. 1064 By RESOURCES AND ENVIRONMENT COMMITTEE AN ACT Relating to the exclusion of lands from irrigation dis tricts; amending Section 43-1101, Idaho Code, by inserting a new grounds for removal from an irrigation district; amending Section 43-1102, Idaho Code, by providing that the board of an irrigation district may not require a survey of the land to be excluded when the land is in a subdivision; and amending Section 43-1103. Idaho Code, by providing that a hearing on exclusion of land from an irrigation district must be held within sixty days of the filing of the petition or the land will be excluded from the district and providing that no hearing will be held when the board of the irrigation district issues an order excluding the land prior to the date of the hearing. S. 1065 By STATE AFFAIRS COMMITTEE AN ACT Relating to the Idaho State Horse Racing Commission; amending Section 54-2503, Idaho Code, by changing the number of members from three to five, and providing the terms of membership; amending Section 54-2504, Idaho Code, by changing the number needed to constitute a quorum from two to three. S. 1066 By JUDICIARY AND RULES COMMITTEE AN ACT Amending Sections 14-414, 14-425 and 14-427, Idaho Code, to strike obsolete material. S. 1057, S. 1059, S. 1061, S. 1063, S. 1064, S. 1065 and S. 1066 were introduced, read the first time at length and referred to the Jvdiciary and Rules Committee for print ing. S. 1060 was introduced, read the first time at length and referred to the State Affairs Committee. S. 1058 and S. 1062 were introduced, read the first time at length and on request by Senator Kidwell, granted by unanimous consent, were referred to the Judiciary and Rules Committee for printing. Second Reading of Bills S. 1022 by Commerce and Banking Committee, was read the second time at length and filed for third reading.
SENATE JOURNAL
EFebruary 4
Third Reading of Bills H. 41 was read the third time at length, section by sec. tion and placed before the Senate for final consideration, the question being. “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Budge, AYES Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused Brown. Total—i. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. On request by Senator Summers, granted by unanimous consent, S. 1030 was recommitted to the State Aifairs Committee. The President called the President Pro-Tempore to the Chair. S. 1025, as amended, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Bilyeu, Bivens, Brassey, Budge, Chase, AYES Cobbs, Crutcher, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley Manning, Miller, Mitchell, Mix, Murphy, Peavey, Saxv;k, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarlirough. Potal—30. Barker, Crookham, Egbert, Rigby. Total—4. NAYS Absent and excused Brown. Total—i. Total—35. Whereupon the President Pro-Tempore declared the bi1l passed. Title was approved, as corrected, and the bill ordered transmitted to the House. There being no objection, the Senate returned to the Third Order of Business. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Tuesday, Feb ruary 2, 1971 was read and approved as corrected. KLEIN, Chairman. Report adopted. Reports of Standing Committees February 3, 1971. The STATE AFFAIRS Committee reports out S. 1051 with the recommendation that it be printed. SUMMERS, Chairman. S. 1051 was referred to the Judiciary and Rules Com mittee for printing. Messages from the Governor STATE OF IDAHO Office of the Governor BOISE February 2, 1971 Honorable Jack Murphy President of the Senate Senate Chamber Building —
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Dear Mr. President: I have the honor to inform you that I have appointec Mr. Harry Nock of Boise, Idaho, to the Public Utflitie Commission. This appointment was made subject to confirmatioi by the Senate and notice of appointment is hereby appro priately given. Sincerely, Is! CECIL D. ANDRUS Governor STATE OF IDAHO Office of the Governor BOISE February 2, 1971 Honorable Jack Murphy President of the Senate Senate Chamber Building Dear Mr. President: I have the honor to inform you that I have appointe Mr. John G. Fanning of Idaho Falls, to the Higi way Board. This appointment was made subject to confirmation b the Senate and notice of appointment is hereby appro priately given. Sincerely, Is! CECIL D. ANDRUS Governor The Gubernatorial appointments were referred to th State Affairs Committee. Messages from the House February 3, 1971. Mr. President: I transmit herewith Enrolled H. 78, H. 13, II. 31, H. 32 H. 33 and H. 30 and return herewith Enrolled S. 100 which have been signed by the Speaker. FITZWATER, Chief Clerk. The Acting President announced he was about to sigi Enrolled H. 78, II. 13, II. 31, H. 32, H. 33 and H. 30 and when so signed, ordered them returned to the House. Enrolled S. 1004 was referred to the Judiciary and Rule Committee for transmittal to the Governor. On request by Senator Kidwell, granted by unanimou consent, the Senate advanced to the Fifteenth Order a Business. Miscellaneous Business Moved by Senator Kidwell, seconded by Senator Mix, th Senate adjourned until 11:00 o’clock a.m., Thursday, Feb ruary 4, 1971. JAMES ELLSWORTH, President-Pro-Tempore. Attest: ARTHUR WILSON, Secretary.
TWENTY-FIFTH LEGISLATIVE DAY THURSDAY, FEBRUARY 4, 1971 Senate Chamber, Boise, Idaho, February 4, 1971. President Murphy called the Senate to order at 11:0 o’clock a.m. Roll call showed all members present except Senator Budge and Manley, excused. The following prayer was offered by Chaplain Newe Morgan:
SENATE JOURNAL Our Father, Our Lord and Goa, for this new day as a iew page in the book of time, we thank Thee. In days when the ideologies of the world struggle for he minds of men, in these times when there are those vho would divide and conquer, give to us of this nation true appreciation for the great affirmations we hold a common. We pray that true equality, real justice, lasting peace tnd abiding security be the guiding motive of each itizen. Help those who serve within this chamber realize that [edicated statesmanship brings its own rewards. May he joy of their achievements far outweigh the dis Lppointments of defeat. May they feel Your Presence hroughout this day. In the Name of Jesus, Amen. Reports of Standing Committees February 4, 1971. The JUDICIARY AND RULES Committee reports that L 1037, S. 1040, 5. 1051, S. 1055, 5. 1057, S. 1058, S. 1059, L 1061, S. 1062, S. 1063, S. 1064, 5. 1065 and S. 1066 have keen correctly printed. KLEIN, Chairman. S. 1037 and 5. 1040 were referred to the Agriculteral ffairs Committee. S. 1051 and S. 1065 were referred to the State Affairs ommittee, S. 1055, S. 1058, 5. 1061 and 5. 1062 were referred to he Local Government and Taxation Committee. 5. 1057 and S. 1066 were referred to the Judiciary and tules Committee. S. 1059 was referred to the Health, Education and Velfare Committee. S. 1063 and S. 1064 were referred to the Resources and invironment Committee. February 4, 1971. The JUDICIARY AND RULES Committee reports out 1. 29 with the recommendation that it do pass. KLEIN, Chairman. February 3, 1971. The LABOR AND ECONOMIC DEVELOPMENT Com ittee reports out S. 1028 with the recommendation that I do pass. ELLSWORTH (30), Chairman. February 4, 1971. The HEALTH, EDUCATION AND WELFARE Com iittee reports out II. 53 with the recommendation that do pass. BARKER, Chairman. II. 29, 5. 1028 and H. 53 were filed for second reading. February 3, 1971. The JUDICIARY AND RULES Committee reports that hirolled S. 1004 was delivered to the Governor on Febru ry 3, 1971 at the hour of 3:20 o’clock p.m. KLEIN, Chairman. The President ordered the report filed in the office f the Secretary of the Senate. Motions and Resolutions On request by Senator Kidwell, granted by unanimous onsent, S.J.M. 105 was referred to the Fourteenth Order f Business, for amendment.
February 4)
On motion by Senator Murphy, seconded by Senator Bivens, the Gubernatorial appointment of Mr. W. Carl Griner as State Inspector of Mines, was confirmed. On motion by Senator Mitchell, seconded by Senator Bivens, the Gubernatorial appointment of Mr. Marvin Misner as acting Director of the State Planning and Com munity Affairs Agency, was confirmed. On motion by President Pro-Tempore Ellsworth, sec onded by Senator Crutcher, the Gubernatorial appoint ment of Mr. Kenneth Anderson to the Soil Conservation Commission, was confirmed. The President directed the Secretary to prepare a statement for his signature, attested to by the Secretary, informing the Governor of the action of the Senate. Introduction, First Reading and Reference of Bills S. 1067 By LABOR AND ECONOMIC DEVELOPMENT COMMITTEE AN ACT Amending Chapter 3, Title 50, Idaho Code, by the addi tion of a new Section 50-342, Idaho Code, to provide that in addition to other municipal powers a city owning and operating an electric distribution system may dispose of such power and energy to the United States Department of Interior by and through the Bonneville Power Adminis trator through exchange, net billing or any arrangement, and providing that this act is not subject to the limita tions contained in Sections 50-325 and 50-327, Idaho Code. S. 1068 By RESOURCES AND ENVIRONMENT COMMITTEE AN ACT Relating to removing land from irrigation districts, amending Chapter 11, Title 43, Idaho Code, by the addition of a new Section 43-1107, Idaho Code, providing that irri gation districts must notify owners of land in subdivisions that a procedure exists for being removed from the irri gation districts and providing minimum requirements to be contained in the notice. S. 1069 By RESOURCES AND ENVIRONMENT COMMITTEE AN ACT Relating to the Game Director’s Predatory Animal Fund; amending Section 36-123, Idaho Code, by striking the provisions for the creation of a Game Director’s Pred. atory Animal Fund, and striking the provisions for the use of moneys in said fund; providing that all moneys in the Game Director’s Predatory Animal Fund on June 30, 1971, shall be transferred to the State Fish and Game Fund; and providing an effective date. 5. 1070 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 58-332, Idaho Code, by striking the provision for sale of surplus property for cash and inserting in lieu thereof the provision for sale of surplus property for sale upon terms and conditions to be deter mined by the State Board of Land Commissioners and specified in the notice of sale. S. 1071 By RESOURCES AND ENVIRONMENT COMMITTEE AN ACT Amending Section 58-138, Idaho Code, by striking there from the requirements that no exchange be made unless the United States agree to and grant to the state an absolute title in fee simple without reservations or re strictions and that the state Board of Land Commissioners shall grant similar title to the United States in exchange therefor allowing the State Board of Land Commissioners to grant absolute title in fee simple without reservations
[February 4
SENATE JOURNAL
or restrictions validating prior exchange with restric tions or reservations; and declaring an emergency. The President called the President Pro-Tempore BUsworth to the Chair. S. 1072 By RESOURCES AND ENVIRONMENT COMMITTEE AN ACT Amending Title 58, Chapter 1, Idaho Code, by the addition thereto of a new section to be known and desig nated as Section 58-141, Idaho Code, creating a revolving fund; providing a continuing appropriation therefrom to the State Board of Land Commissioners for expendi tures for planning and development of sewage collection
and disposal facilities for state lands; providing for deposit in said fund of all monies received by the state of Idaho from the United States of America, its agencies,
boards, departments, bureaus and commissions for plan
ning and development of sewage collection and disposal facilities for state lands; appropriating money from the General Fund to the Revolving Fund created herein; and declaring an emergency. S. 1073 By COMMERCE AND BANKING COMMITTEE AN ACT Relating to state lands; amending Chapter 3, Title 58, Idaho Code, by the addition of a new section to be known and designated as Section 58-337, Idaho Code providing that the State Land Department shall provide signs to the lessee of state lands to be posted thereon, which in dicate that the lands are owned by the state of Idaho, and providing that it is the duty of the lessee to report damaged signs which shall be replaced or repaired by the State Land Department, providing that it shall be the duty of the State Land Department to erect and main tain such signs on state lands not leased, providing that failure to comply with reasonable directions, rules or reg ulations shall be grounds for revocation of a state lease; and providing an effective date. S. 1067, S. 1068, S. 1069, S. 1070, S. 1071, S. 1072 and S. 1073 were introduced, read the first time at length and referred to the Judiciary and Rules Committee for print ing. Second Reading of Bills S. 1053 and S. 1029, by Judiciary and Rules Committee, were read the second time at length and filed for third reading. II. 28 and II. 52, by Judiciary, Rules and Administra tion Committee, were read the second time at length and filed for third reading, H. 56, by Printing and Legislative Expense Committee, was read the second time at length and filed for third reading. S. 1035, by Transportation Committee, was read the second time at length and filed for third reading. H. 1, by Williams, was read the second time at length and filed for third reading. S. 1048, by Local Government and Taxation Committee, was read the second time at length and filed for third reading. S. 1032, by Agricultural Affairs Committee, was read the second time at length and filed for third reading. H. 35, by Agricultural Affairs Committee, was read the second time at length and ified for third reading. S. 1033, by Agricultural Affairs Committee, was read the second time at length and filed for third reading. H. 40, by Health, Education and Welfare Committee was read the second time at length and filed for third reading. II. 46, by Edwards and Tregoning, was read the second time at length and filed for third reading.
S. 1046, by Health, Education and Welfare Committee. was read the second time at length and filed for tinre reading. There being no objection, the Senate returned to thE Fifth Order of Business. Presentation of Petitions, Resolutions and Memorials The following resolution was read at length by thE Secretary: S.C.R. 107 By KIDWELL A CONCURRENT RESOLUTION Requesting Congress to call a convention for the pur. pose of amending the United States Constitution to pro vide for intergovernmental sharing of federal income ta revenue. S.C.R. 107 was referred to the Judiciary and Rules Corn. rnittee for printing. On request by Senator Kidwell, granted by unanimow consent, the Senate advanced to the Thirteenth Order of Business. Third Reading of Bills On request by Senator Brassey, granted by unanimorn consent, S. 1022 retained its place on the Third Reading Calendar until Monday, February 8, 1971. On request by Senator Kidwell, granted by unanimow consent, the Senate advanced to the Fifteenth Order oi Business. Miscellaneous Business Senator Evans arose on a point of personal privilegE to introduce former Congressman Compton White, whc spoke a few words to the members of the Senate. The President Pro-Tempore thanked and welcomed thc former Congressman to the Senate. On motion by Senator Kidwell, seconded by Senatoi Crutcher, the Senate recessed until 1:30 oâ&#x20AC;&#x2122;clock p.m. oJ this day. RECESS Afternoon Session The Senate reconvened at 1:30 oâ&#x20AC;&#x2122;clock p.m., pursuani to recess, President Murphy presiding. Roll call showed all members present except Senator Bilyeu, Brassey, Evans, High, Manley and Manning excused. Prior to recess, the Senate was at the Fifteenth Orde of Business. There being no objection, the Senate returned to th Third Order of Business. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports thai the Senate Journal of the proceedings of Wednesday, Feb ruary 3, 1971 was read and approved as corrected. KLEIN, Chairman. Report adopted. Messages from the Governor STATE OF IDAHO Office of the Governor BOISE February 4, 1971 Honorable Jack Murphy President of the Senate Senate Chambers Building
SENATE JOURNAL Dear Mr. President: I have the honor to inform you I have approved and have transmitted to the Secretary of State the following Senate Bill, to-wit: Senate Bill 1004 Sincerely Is! CECIL D. ANDRUS Governor The President ordered the Governorâ&#x20AC;&#x2122;s message filed in the office of the Secretary of the Senate. Messages from the House February 4, 1971. Mr. President: I return herewith Enrolled S.C.R. 104 which has been signed by the Speaker. FITZWATER, Chief Clerk. Enrolled S.C.R. 104 was referred to the Judiciary and Rules Committee for transmittal to the Secretary of
State.
Introduction, First Reading and Reference of Bills S. 1074 By MANNING AND SUMMERS AN ACT Relating to state lands; amending Section 58-304, Idaho Code, by requiring that the State Board of Land Com missioners advertise in newspapers, leases which are available and requiring that such notice shall be placed not later than six months prior to the expiration of a lease, requiring that the notice shall contain terms of the lease, description of the land improvements, if any, and the minimum bid which will be accepted, providing that the State Board of Land Commissioners shall also send notice to any person who has requested in writing notice of leasing dates, providing that the State Board of Land Commissioners shall not disclose the identity of applicants prior to the date of an auction, providing that leases shall be made only to citizens of the United States or persons who have declared their intentions to become citizens, and providing that no lease shall be renewed except as provided in this act. S. 1075 By COMMERCE AND BANKING COMMITTEE AN ACT Providing for the adoption of minimal health and safety standards in the installation of plumbing, heat producing and electrical systems in the manufacture of mobile homes and recreational vehicles; providing that the Commissioner of Law Enforcement shall enforce and administer the act assisted by the State Electrical Board and the State Plumbing Board; making it unlawful to sell or offer for sale a mobile home or recreational vehicle that is not manufactured in compliance with this act; requiring the Commissioner of Law Enforcement to define certain terms and to establish recognized health and safety standards for plumbing, heat producing and electrical systems used in the manufacturing of mobile homes and recreational vehicles to protect the health and safety of the users of such homes and vehicles; authorizing the Commissioner of Law Enforcement to establish fees to pay costs involved in administering the act; providing for an insignia of mobile homes or recrea tional vehicles which meet requirements; providing that conversion of the plumbing, heat producing or electrical system of mobile homes or recreational vehicles is unlaw ful unless they meet rules established by the Cominis sioner of Law Enforcement; permitting reciprocity with other states that meet the standards adopted by the state of Idaho and providing for inspection of mobile homes and recreational vehicles from states which have not adopted standards; exempting mobile homes and recrea tional vehicles from certain local ordinances or regula tions when they meet the standards of this act; providing
February 4)
that the Commissioner of Law Enforcement shall certify supervisors in plants to supervise the installation ol plumbing, heat producing and electrical systems in the manufacturing of mobile homes and recreational vehicles. and providing the basis of examinations and the issuancE of certificates of competency to successful applicants, and providing that the Commissioner of Law Enforcement shall set fees and the time and place for examinations, and providing that only one employee of each plant oI a manufacturer of mobile homes or recreational vehicles need be a certified supervisor of plumbing, only one super visor of heat producing, and only one supervisor of elec trical systems, and that one person may hold all three certificates, and providing that no other form of certifi cate or license shall be required for employees of manu facturers of mobile homes or recreational vehicles in the installation of the plumbing, heat producing or electrical systems in the manufacturing of mobile homes or recrea tional vehicles; providing severability, declaring legis lative intent; and declaring an emergency. S. 1076 By TRANSPORTATION COMMITTEE AN ACT Amending Chapter 8, Title 31, Idaho Code, by the addi tion of a new section to be known as Section 31-866, Idaho Code, to provide that the Board of Commissioners of their respective counties have the authority to regulate by ordinance and rules the running of trains and public carriers within the county. S. 1077 By HEALTH, EDUCATION AND WELFARE COMMITTEE AN ACT Creating and establishing a policy of providing public school kindergartens; providing that it not be compulsory for school districts to adopt a kindergarten program, nor mandatory for each eligible child to enroll; establishing a minimum entry age; providing for a special fund; pro viding for apportionment of funds under policies estab lished by the State Board of Education; providing for reduction of funds when appropriations are insufficient; providing that the unused balance of the public school kindergarten fund shall be added to the public school in come fund; providing an effective date. S. 1078 By CROOKHAM AND BILYEU AN ACT Amending Section 34-507, Idaho Code, relating to selection of delegates to state conventions of political parties, by providing that the qualified electors, as defined, at each institution of higher education shall be entitled to select one delegate plus one additional dele gate for every two thousand full time students, providing qualifications for delegates, method of selection, and qualifications for electors, providing the institutions which shall be entitled to delegates, and providing the designa tion of the universities and colleges bloc and that the bloc shall vote last on the roll call. S. 1079 By JUDICIARY AND RULES COMMITTEE AN ACT Amending Section 1-806, Idaho Code, relating to the Fifth Judicial District, by providing that one resident chambers shall be established in Jerome County. S. 1074 was introduced, read the first time at length and referred to the Resources and Environment Committee. S. 1075, S. 1076, S. 1077 and S. 1079 were introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. S. 1078 was introduced, read the first time at length and referred to the Judiciary and Rules Committee.
SENATE JOURNAL
[February 5
On motion by Senator Kidwell, seconded by Senator Mix, the Senate recessed until 4:30 o’clock p.m. of this day. RECESS The Senate reconvened at 4:30 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present except Senators Bilyeu, Budge, Cobbs, Ellsworth (30), Evans, High, Man ley, Manning, Mitchell, Summers, Swenson and Williams, excused. Prior to recess the Senate was at the Eleventh Order of Business. Introduction, First Reading and Reference of Bills S. 1080 By MURPHY AN ACT Amending Section 67-412, Idaho Code, to strike the limitation for payment of expenses to sixty days for the first session and thirty days for the second session and provide payment for any regular or extraordinary session of the legislature; and declaring an emergency. S. 1081
By CHASE AN ACT Amending Section 49-901, Idaho Code, relating to the allowable gross weight of vehicles imposed upon high ways, by providing an exception from being weighed at weigh stations to any vehicle, motor vehicle, trailer and/or semi-trailer, or combination thereof, engaged in the transportation of logs, pulp wood, stull, poles or piling which does not exceed certain dimensions in height or width, and providing that the exception shall not apply to the interstate highway system; and declaring an emer gency. S. 1082 By CHASE AND CROOKHAM AN ACT Amending Section 67-3525, Idaho Code, relating to the state budget and the determination of expense attributa ble to special funds and transfer of sums from special funds to the general fund; by striking the provisions that the State Auditor shall calculate the amount due from each special fund and providing that the State Auditor shall calculate the amount due from all special funds; by striking the schedule from which the State Auditor cal culates the amount due from special funds, and adding new material providing that the State Auditor shall calcu late the amount due from all special funds at the rate of five per cent of moneys received and credited to, such funds during any fiscal year; and providing an effective date. S. 1083 By EGBERT AN ACT Relating to exemptions from the sales tax, amending Section 63-3622, Idaho Code, by exemption from sales tax the sale of oxygen prescribed by a person licensed to prescribe drugs to human beings in the course of his pro fessional practice. S. 1080 and S. 1082 were introduced, read the first time at length and referred to the State Affairs Committee. S. 1081 was introduced, read the first time at length and referred to the Transportation Committee. S. 1083 was introduced read the first time at length and referred to the Healtct, Education and Welfare Com mittee. There being no objection, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec
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onded by Senator Mix, the Senate adjourned until 10:0 o’clock a.m., Friday, February 5, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
TWENTY-SIXTH LEGISLATIVE DAY FRIDAY, FEBRUARY 5, 1971 Senate Chamber, Boise, Idaho, February 5, 1971. President Murphy called the Senate to order at 10:0’ o’clock a.m. Roll call showed all members present. The following prayer was offered by Chaplain Newel Morgan: Our Father Who art in Heaven, Whose Almighty powe called into being our universe, sustain each of us toda; by Thy constant love and all knowing wisdom. Come nearer to us, stay with us through the delibera tions of this day, lest we give way to things of self interest. Be with those across our world who seek earnestl; for doors of peace. Bless their endeavoring because me and women are dying on the battlefields. Be wfth ou: three countrymen who even now seek to push outwan the frontiers of human knowledge. Bless this attempt r touching the surface of the moon, bring them safely t home and family. May all of our endeavoring in space am time make for a better life for all. Abide within this Chamber throughout this day, lendini Thy Presence to all the Senators, President of the SenatE and the attaches in all they seek to do. In Thy Son’s Name, Amen. Reports of Standing Committees February 5, 1971. The JUDICIARY AND RULES Committee reports tha S. 1067, S. 1068, S. 1069, S. 1070, S. 1071, S. 1072, S. 107i 5. 1075, S. 1076, S. 1077, S. 1079 and S.C.R. 107 have bee correctly printed. KLEIN, Chairman. 5. 1067 was referred to the Labor and Economic Dc velopment Committee. 5. 1068, 5. 1069, S. 1071 and 5. 1072 were referred to th Resources and Environment Committee. S. 1070 was referred to the State Affairs Committee. S. 1073 and S. 1075 were referred to the Commerce an Banking Committee. S. 1076 was referred to the Transportation Committee. 5. 1077 was referred to the Health, Education and We] fare Committee. S. 1079 was referred to the Judiciary and Rules Commil tee. S.C.R. 107 was referred to the Tenth Order of Busines Motions and Resolutions, and ordered held at the des for two legislative days. February 4, 1971. The JUDICIARY AND RULES Committee reports ot 5. 1044, S. 1057 and S. 1066 with the recommendation the they do pass. KLEIN, Chairman,
SENATE JOURNAL February 5, 1971. The AGRICULTURAL AFFAIRS Committee reports out S. 1056 with the recommendation that it do pass. SWENSON,
Chairman.
February 5, 1971. The RESOURCES AND ENVIRONMENT Committee reports out S. 1007 without recommendation. WILLIAMS, Chairman. S. 1044, S. 1057, S. 1066, S. 1056 and S. 1007 were filed for second reading. February 5, 1971. The STATE AFFAIRS Committee reports out S. 1060 nd S. 1080 with the recommendation that they be printed. SUMMERS, Chairman. S. 1060 and S. 1080 were referred to the Judiciary and Rules Committee for printing. Messages from the House February 4, 1971. R’Ir. President: I transmit herewith Enrolled H. 41, H.J.M. 1 and H.J.M. I which have been signed by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign En o1led H. 41, H.J.M. 1 and H.J.M. 2 and, when so signed, )rdered them returned to the House. February 5, 1971. VIr. President: I transmit herewith H. 86 which has passed the House. FITZWATER, Chief Clerk. February 4, 1971. i1r. President: I transmit herewith H. 74 and H. 23 which have passed ;he House. FITZWATER, Chief Clerk. H. 86, H. 74 and H. 23 were filed for first reading. Introduction, First Reading and Reference of Bills H. 86, by Edwards, was introduced, read the first time tt length and referred to the Health, Education and Wel fare Committee. H. 74, by Health and Welfare Committee, was intro luced, read the first time at length and referred to the {ealth, Education and Welfare Committee. H. 23, by Local Government Committee, was intro [uced, read the first time at length and referred to the ocal Government and Taxation Committee. Second Reading of Bills H. 29, by Judiciary, Rules and Administration Com nittee, was read the second time at length and filed for ;hird reading. S. 1028, by Steen, was read the second time at length rnd filed for third reading. H. 53, by Education Committee, was read the second ;ime at length and filed for third reading. Third Reading of Bills The President called President Pro-Tempore Ellsworth o the Chair. S. 1053 was read the third time at length, section by
February 5]
section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Eghert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Swenson, Williams, Yar brough. Total—31. NAYS—None. Absent and excused—Brassey, Manley, Manning, Sum mers. Total—4. Total—35. Whereupon the President Pro-Tempore declared the bill passed. Title was approved and the bill ordered transmitted to the House. On request by Senator Kidwell, granted by unanimous consent, S. 1029 retained its place on the Third Reading Calendar for one legislative day. On request by Senator Klein, granted by unanimous consent, H. 28 retained its place on the Third Reading Calendar for one legislative day and was placed im mediately following H. 29. H. 52 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Fredericksen, High, Kidwell, Klein, Man ley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—33. NAYS—None. Absent and excused—Brassey, Evans. Total—2. Total—35. Whereupon the President Pro-Tempore declared the bill passed. Title was approved and the bill ordered returned to the House. H. 56 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Righy, Saxvik, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—33. NAYS—None. Absent and excused—Brassey, Solberg. Total—2. Total—35. Whereupon the President Pro-Tempore declared the
bill passed.
Title was approved and the bill ordered returned to the House. S. 1035 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brown, Budge, AYES Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, —
February 6
SENATE JOURNAL
1anley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, igby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen ron, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused Brassey. Total—i. Total—35. Whereupon the President Pro-Tempore declared the bill assed. Title was approved and the bill ordered transmitted to the House. H. 1 was read the third time at length, section by section rnd placed before the Senate for final consideration, the luestion being, “Shall the bill pass ?“ —
Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brown, Budge, AYES hase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), illlsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Ianley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Ugby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen on, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused Brassey. Total—i. —
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Total—35. Whereupon the President Pro-Tempore declared the bill assed. Title was approved and the bill ordered returned to the Elouse. S. 1048 was read the third time at length, section by ;ection and placed before the Senate for final considera ;ion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, 3udge, Chase. Cobbs, Crookham, Crutcher, Egbert, Ells vorth (20), Ellsworth (30), Evans, Fredericksen, High, Eciein, Manley, Manning, Miller, Mitchell, Mix, Murphy, E’eavey, Rigby. Saxvik, Solberg, Steen, Stoicheff, Sum ners, Swenson, Williams, Yarbrough. Total—34. —
NAYS—None. Absent and excused Kidwell. Total—i. Total—35. Whereupon the President Pro-Tempore declared the bill assed. Title was approved and the bill ordered transmitted to the House. S. 1032 was read the third time at length, section by ection and placed before the Senate for final considera ;ion, the question being, “Shall the bill pass?” —
Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, 3udge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells orth (20), Ellsworth (30), Fredericksen, High, Kidwell, ECein, Mitchell, Mix, Peavey, Rigby, Steen, Stoicheff, 3wenson, Williams, Yarbrough. Total—27. —
NAYS Manley, Manning, Miller, Murphy, Saxvik, olberg, Summers. Total—7. Absent and excused Evans. Total—i. Total—35. Whereupon the President Pro-Tempore declared the bill assed. Title was approved and the bill ordered transmitted to the House. H. 35 was read the third time at length, section by see—
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tion and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Bivens Brown, Budge, Ellsworth (20), Fredericksen, Manley, Miller, Mitchell, Mix, Peavey, Steen, Swenson. Total—i3. NAYS Barker, Bilyeu, Brassey, Chase, Cobbs, Crook.. ham, Crutcher, Egbert, Ellsworth (30), High, Kidwell, Klein, Manning, Murphy, Rigby, Saxvik, Solberg, Stoicheff, Summers, Williams, Yarbrough. Total—2i. Absent and excused Evans. Total—i. Total—35. Whereupon the President Pro-Tempore declared the bill lost. The bill was ordered returned to the House. Senator Murphy having voted on the prevailing side served notice that he may on the next legislative day move for a reconsideration of the vote on which H. 35 lost. The President Pro-Tempore ordered II. 35 held at the desk for one legislative day. On request by Senator Budge, granted by unanimous consent, S. 1033 was referred to the Judiciary and Rules Committee. On request by Senator Swenson, granted by unanimous consent, H. 40 retained its place on the Third Reading Calendar until Monday, February 8, i97i. H. 46 was read the third time at length, section by sec tion and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused Evans. Total—i. Total—35. Whereupon the President Pro-Tempore declared the bill passed. Title was approved and the bill ordered returned to the House. On motion by Senator Kidwell, seconded by Senator Mix, the Senate recessed until 2:00 o’clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 2:00 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present. Prior to recess the Senate was at the Thirteenth Order of Business. Third Reading of Bills S. 1046 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens. Brassey, Brown Budge, Chase, Cobbs, Crookham, Crutcher Egbert, Ells worth (20), Ellsworth (30), Evans, High. kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Swenson, Wil liams, Yarbrough. Total—33. —
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SENATE JOURNAL NAYS—None. Absent and excused—Fredericksen, Summers. Total—2. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. General Calendar The President declared the Senate recessed and called Senator Bivens to the Chair to preside during the sitting of the Committee of the Whole. Following the adjournment of the Committee of the Whole, the President called the Senate to order. Report of the Committee of the Whole Senator Bivens, Chairman of the Committee of the Whole, reported out S.J.M. 103, without recommendation, amended as follows: SENATE AMENDMENTS TO SENATE JOINT MEMORIAL No. 103 AMENDMENTS TO THE MEMORIAL On page 1 of the printed memorial, in line 21, before the word “Boulders”, add the word “and”, and following the word “Boulders”, delete the words “and Pioneers”. On page 1 of the printed memorial, in line 32, before the word “Boulders “, add the word “and”, and following the word “Boulders”, delete the words “and Pioneers”. On page 2 of the printed memorial, in line 17, before the word “Boulders”, add the word “and”, and following the word “Boulders”, delete the words “and Pioneers”. The Committee also has SJ.M. 105 under consideration, report progress and beg leave to sit again. BIVENS, Chairman. On motion by Senator Bivens, seconded by Senator Murphy, the report was adopted. Senate amendments to SJ.M. 103, as amended, were referred to the Judiciary and Rules Committee for print ing. S.J.M. 103, as amended, was referred to the Judiciary and Rules Committee for engrossing. There being no objection, the Senate returned to the Third Order of Business. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Thursday, February 4, 1971 was read and approved as corrected. KLEIN, Chairman. Report adopted. Presentation of Petitions, Resolutions and Memorials The following resolution was read at length by the Secretary: S.C.R. 108 By RESOURCES AND ENVIRONMENT COMMITTEE A CONCURRENT RESOLUTION Stating legislative observations; authorizing and in structing the Lieutenant Governor to assist in identifying and to recommend the selection of indemnity lieu lands due from the federal government; authorizing selection of an advisory committee; authorizing payment of ex penses; authorizing employment and payment of per sonnel; and requiring a report. S.C.R. 108 was referred to the Judiciary and Rules Committee for printing. Reports of Standing Committees February 5, 1971. The JUDICIARY AND RULES Committee reports that
February 6
Enrolled S.C.R. 104 was delivered to the Secretary of Stat at 11:00 o’clock n.m., February 5, 1971. KLEIN, Chairman. The President ordered the report filed in the offlc of the Secretary of the Senate. February 5, 1971. The STATE AFFAIRS Committee reports out 5. 105] and S. 1036 without recommendation. SUMMERS, Chairman. February 5, 1971. The LOCAL GOVERNMENT AND TAXATION Corn mittee reports out S. 1055 without recommendation. BROWN, Chairman. February 5, 1971. The LOCAL GOVERNMENT AND TAXATION Com mittee reports out S. 1061 with the recommendation tha it do pass. BROWN, Chairman. S. 1051, 5. 1036, S. 1055 and S. 1061 were filed foi second reading. February 5, 1971. The LOCAL GOVERNMENT AND TAXATION Com mittee reports out S. 1062 and S. 1058 with the recom mendation that they be referred to the Transportat;oi Committee. BROWN, Chairman. 5. 1062 and S. 1058 were referred to the Transporta. tion Committee. February 5, 1971. The STATE AFFAIRS Committee reports that the3 have had under consideration the Legislative Budget anc Fiscal Committee Appointment of Mr. James A, Defen bach as Legislative Auditor, to serve at the pleasure ol the Legislative Budget and Fiscal Committee, and rec ommends that this appointment be confirmed by th< Senate. SUMMERS, Chairman. The report was referred to the Tenth Order of Busi ness, Motions and Resolutions, and ordered held at th desk for one legislative day. Introduction, First Reading and Reference of Bills S. 1084 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 23-927, Idaho Code, relating to th hours of sale of liquor by the drink, by providing foi extended hours of sale during the period of daylighi savings time; amending Section 23-1012, Idaho Code relating to the hours of sale of beer, by providing foi extended hours of sale during the period of daylighi savings time; and declaring an emergency. S. 1085 By STATE AFFAIRS COMMITTEE AN ACT Amending Chapter 9, Title 67, Idaho Code, by addh a new section thereto to be known and designated a Section 67-913, Idaho Code, relating to the Secretary oi State, providing that the Secretary of State shall keel a current record of all legislators, defining the infonna. tion to be part of the record, providing that the Secretar of State is to receive information from other stat agencies, and providing that the file be presented to thc President of the Senate and the Speaker of the House
February $
SENATE JOURNAL
f Representatives previous to the convening of each nnual session. S. 1086 By LOCAL GOVERNMENT AND TAXATION COMMITfEE
AN ACT Amending Section 63-202, Idaho Code, relating to rules nd regulations pertaining to market value, by providing hat actual and functional use shall be a major con ideration when determining market value of commercial nd agricultural properties. S. 1087 By LOCAL GOVERNMENT AND TAXATION COMMITTEE AN ACT Requiring that proposed budgets be adopted by all tax ig units within a prescribed time period, that a budget ummary be published, and that a formal hearing on uch budget be conducted; prescribing a procedure for pposing such proposed budget by petition; providing that n election will be conducted if supported by a petition con aining the reauired number of signatures; establishrng he procedure for certification of petitions and the conduct f elections; providing that, in the event such budget is ejected by majority vote, the taxing unit will be required o adopt a budget which is less in aggregate amount than he original proposed budget; providing for enforcement; roviding for severability; declaring an emergency and roviding an effective date. S. 1088 By LOCAL GOVERNMENT AND TAXATION COMMITTEE AN ACT Amending Chapter 22, Title 63, Idaho Code, by the ddition of a new Section 63-2221, Idaho Code, to provide or the posting of a notice by the County Assessor that he tax rolls have been completed and are open for inspec ion, and to provide for the preparation of a list by the ounty Assessor that shows the market value of each arcel of property. S. 1089 By RESOURCES AND ENVIRONMENT COMMITTEE AN ACT Relating to outfitters and guides; amending Section 6-5413. Idaho Code, to provide an additional ground for evocation of a license which is for failure to serve the ublic. S. 1090 By LOCAL GOVERNMENT AND TAXATION COMMITTEE AN ACT Amending Section 63-111, relating to terminology leaning market value by specifying its application to base year; amending Section 63-214, Idaho Code, by xempting penalties for undervaluation or overvaluation f property when required or authorized by law; amend og Section 63-221, Idaho Code, relating to county valua ion program by limiting the same to Class 1 property, roviding valuation periods, fixing a base year for deter cining market value for the various periods, providing pportionment of increases in market value during the irst valuation period, requiring all Class 1 property be alued by 1973, providing a uniform application of mar :et value for assessment purposes during subsequent valu tion periods, validating levies and assessments made in 969 or 1970 under existing law, providing for adjustcents tc be made commencing with 1971; and declaring n emergency.
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S. 1091 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 67-2407, Idaho Code, relating to special qualifications required of certain officers, by striking the experience requirement for the Commissioner of Finance; and declaring an emergency. S. 1084, S. 1085, S. 1086, S. 1087, S. 108$, S. 1089, S. 1090 and S. 1091 were introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. Second Reading of Bills S. 1044, S. 1057 and S. 1066, by Judiciary and Rules Committee, were read the second time at length and filed for third reading. S. 1056, by Finance Committee, was read the second time at length and filed for third reading. S. 1007, by State Affairs Committee, was read the second time at length and filed for third reading. S. 1051, by Murphy, Crookham, Swenson, Fredericksen, Mix, Mitchell, Chase, Miller, Evans and Crutcher, was read the second time at length and filed for third reading. S. 1036, by Judiciary and Rules Committee, was read the second time at length and filed for third reading. S. 1055, by Crookham, was read the second time at length and filed for third reading. S. 1061, by Local Government and Taxation Commit tee, was read the second time at length and filed for third reading. Miscellaneous Business Senator Egbert arose on a point of personal privilege to introduce former Senator Jack Buxton from Teton County, who spoke a few words to the members of the Senate. The President welcomed the former Senator to the Senate Chamber. On motion by President Pro-Tempore Ellsworth, sec onded by Senator Evans, the Senate adjourned until 10:00 oâ&#x20AC;&#x2122;clock a.m., Monday, February 8, 1971. Attest: ARTHUR WILSON, Secretary.
JACK MURPHY, President.
TWENTY-NINTH LEGISLATIVE DAY
MONDAY, FEBRUARY 8,1971 Senate Chamber, Boise, Idaho, February 8, 1971. President Murphy called the Senate to order at 10:00 oâ&#x20AC;&#x2122;clock a.m. Roll call showed all members present. The following prayer was offered by Chaplain Newell Morgan: Eternal God, the Father of life, of each of us, grant at this moment to the members of the Senate, and to the offi cers of this body, a sacred time, now, as they prepare for the press of activities for today, for this week, for the balance of this legislative session. Now, as they turn their thoughts to Thee, as they open their hearts to Thee, enter into their very beings as the rays of the sun warms the sod of the earth, calling forth life from the seeds therein, may wisdom come from with in each waiting heart, mind and soul to guide today each decision,
SENATE JOURNAL From this sacred interlude may there flow light, joy, power that will remain with them until night shall bring Thy whispered benediction, “Well done, good and faith ful servants.” So, help us today, through Jesus our Lord, Amen. Reports of Standing Committees February 5, 1971. The LABOR AND ECONOMIC DEVELOPMENT Com mittee reports out S. 1067 with the recommendation that it do pass. ELLSWORTH (30), Chairman. S. 1067 was filed for second reading. February 8, 1971. The JUDICIARY AND RULES Committee reports that the Senate amendments to S.J.M. 103 have been correctly printed. KLEIN, Chairman. February 8, 1971. The JUDICIARY AND RULES Committee reports that S.J.M. 103, as amended, has been correctly engrossed. KLEIN, Chairman. S.J.M. 103, as amended, was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the desk for two legislative days. February 8, 1971. The JUDICIARY AND RULES Committee reports that S. 1060, S. 1080, S. 1084, S. 1085, S. 1086, S. 1087, S. 1088, S. 1089, S. 1090, S. 1091 and S.C.R. 108 have been correctly printed. KLEIN, Chairman. S. 1060, S. 1080, S. 1084, S. 1085 and S. 1091 were referred to the State Affairs Committee. S. 1086, S. 1087, S. 1088 and S. 1090 were referred to the Local Government and Taxation Committee. S. 1089 was referred to the Resources and Environment Committee. S.C.R. 108 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the desk for two legislative days. Messages from the House February 5, 1971, Mr. President: I transmit herewith II. 71, H. 80, H. 58, H. 72 and re turn herewith S. 1027 which have passed the House. FITZWATER, Chief Clerk. H. 71, H. 80, H. 58 and H. 72 were filed for first reading. S. 1027 was referred to the Judiciary and Rules Com mittee for enrolling. Motions and Resolutions Senator Murphy, having previously served proper notice, moved that the vote by which H. 35 lost in the Senate, be now reconsidered. Seconded by President Pro-Tempore Ellsworth, The President declared the motion passed and that H, 35 was before the Senate for consideration. The question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Bilyeu, Bivens, Brown, Budge, Chase, Crutcher, Egbert, Ellsworth (20), Evans, Fredericksen, Manley, Manning, Miller, Mitchell, Mix, Peavey, Rigby, Steen, Swenson. Total—20.
February 8]
NAYS—Barker, Cobbs, Crookham, Ellsworth (30), High Kidwell, Klein, Murphy, Saxvik, Solberg, Stoicheff, Sum. mers, Williams, Yarbrough. Total—14. Absent and excused—Brassey. Total—i. Total—35. Whereupon the President declared the bill passed, Title was approved and the bill ordered returned tc the House. The President announced that S.C.R. 107 was befor the Senate for consideration. Moved by Senator Kidwell, seconded by Senator Crutch er, that S.C.R. 107 be adopted. Senators Murphy, Mitchell and Chase requested a rol: call vote. The question being, “Shall the Resolution pass?” Roll call resulted as follows: AYES—Allen, Barker, Bivens, Brassey Cobbs, Crook ham, Ellsworth (20), Kidwell, Klein, Rigy, Steen, Sum. mers. Total—i2. NAYS—Bilyeu, Brown, Budge, Chase, Crutcher, Egbert Ellsworth (30), Evans, Fredericksen, High, Manley, Man. ning, Miller, Mitchell, Mix, Murphy, Peavey, Saxvik Sol berg, Stoicheff, Swenson, Williams, Yarbrough. Totai—23 Total—35. Whereupon the President declared S.C.R. 107 lost anc ordered the Resolution filed in the office of the Secretar3 of the Senate, On motion by Senator High, seconded by Senator Eg. bert, the Legislative Budget and Fiscal Committee ap pointment of Mr. James A. Defenbach as Legislativ Auditor, was confirmed. The President stated that because of the necessity fo confirmation from the House, the report will be trans. mitted to the House of Representatives. Introduction, First Reading and Reference of Bills S. 1092 By JUDICIARY AND RULES COMMITTEE AN ACT Repealing Section 5-321, Idaho Code; amending Chaptej 3, Title 5, Idaho Code, by the addition of a new sectior to be known and designated as Section 5-321, Idaho Code providing for interpleader and the deposit of propert with the court and the awarding of costs and attorne3 fees in the interpleader action. S. 1093 By JUDICIARY AND RULES COMMITTEE AN ACT Providing that no person shall be placed in lega jeopardy for acts in self defense or in aiding another ir specified cases, and providing for indemnification anc reimbursement; and declaring an emergency. S. 1094 By HEALTH, EDUCATION AND WELFARE COMMITTEE AN ACT Amending Section 33-3301, Idaho Code, to strike South. em Idaho College of Education and insert Department of Education at Idaho State University, and chang Lewis-Clark Normal School to Lewis-Clark State College: amending Section 33-3302, Idaho Code, to change Lewis. Clark Normal School to Lewis-Clark State College; amend. ing Section 33-3303, Idaho Code, to strike Southern Idahc College of Education; and providing an effective date.
[February 8
SENATE JOURNAL
S. 1095 By HEALTH, EDUCATION AND WELFARE COMMITTEE AN ACT Amending Section 33-3101, Idaho Code, to change name to Lewis-Clark State College and providing for courses and programs; amending Section 33-3102, Idaho Code, by declaring the College to be a body politic and corporate, with its own seal and having power to sue and be sued in its own name; amending Section 33-3103, Idaho Code, by striking the provision for an official seal, that the Board of Trustees may sue and be sued, and that the Secretary must keep an itemized account of all expendi tures; amending Section 33-3104, Idaho Code, to pre scribe general powers and duties of the Board; amending Section 33-3106, Idaho Code, to provide for appointment of such employees as are necessary for the operation of the College; amending Section 33-3107, Idaho Code, to provide that the Board shall prescribe courses and programs of study with the advice of the President of the College and to grant academic degrees; amending Section 33-3113, Idaho Code, to prohibit religious or sectarian test for admission to Lewis-Clark State College; amending Section 33-3114, Idaho Code, to provide for transfer and control of funds, property and obligations at Lewis-Clark Normal School to Lewis-Clark State Col lege subject to control of the Board of Trustees; amending Section 33-3116, Idaho Code, by providing that all refer ences to previous names of Lewis-Clark State College are amended to read Lewis-Clark State College; repealing Sections 33-3105, 33-3108, 33-3109, 33-3110, 33-3111, 333112, 33-3115, 33-3117, and 33-3118, Idaho Code; and providing an effective date. S. 1092, S. 1093, S. 1094 and S. 1095 were introduced, read the first time at length and referred to the Judi ciary and Rules Committee for printing. H. 71 and H. 80, by Education Committee, were intro duced, read the first time at length and referred to the Health, Education and Waffare Committee. H. 72, by State Affairs Committee, was introduced, read the first time at length and referred to the Labor and Eco nomic Development Committee. H. 58, by Revenue and Taxation Committee, was intro duced, read the first time at length and referred to the Local Government and Taxation Committee. Third Reading of Bills On request by Senator Crookham, granted by unanimous consent, S. 1055 retained its place on the Third Reading Ca1endar for one legislative day. On request by Senator Brassey, granted by unanimous consent, S. 1022 retained its place on the Third Reading Calendar until Wednesday, February 10, 1971. On request by Senator Swenson, granted by unanimous consent, II. 40 retained its place on the Third Reading Calendar for two legislative days. S. 1029 was read the third time at length, section by sec tion and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bivens, Brassey, Brown, Budge, AYES Chase, Cobbs, Crookham, Crutcher, Eilsworth (20), Ells worth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Saxvik, Solberg, Steen, Summers, Swenson, Williams, Yarbrough. Total—31. Bilyeu, Rigby, Stoicheff. Total—3. NAYS Absent and excused Egbert. Total—i. Total—35. Whereupon the President declared the bill passed. —
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Title was approved and the bill ordered transmitted t the House. The President called Senator Kidwell to the Chair. On request by Senator Barker, granted by unanimou consent, the Secretary, of the Senate was instructed t make two typographical corrections to S. 1028, on line 2: the word “include” be spelled correctly and on line 2 the word “rail” be spelled correctly. S. 1028 was read the third time at length, section b section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen Barker, Bilyeu, Bivens, Budge, Chase Cobbs, Egbert, Ehsworth (20), Ellsworth (30), Evans Fredericksen, High, Kidwell, Klein, Manning, Mix, Peavey Saxvik, Solberg, Steen, Stoicheff, Summers, Swensoxi Williams, Yarbrough. Total—26. Brassey, Brown, Crookham, Crutcher, Man NAYS ley, Miller, Mitchell, Murphy, Rigby. Total—9. Total—35. Whereupon the Acting President declared the bil passed. Title was approved and the bill ordered transmitted t the House. H. 29 was read the third time at length, section b section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: —
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AYES—Allen, Barker, Bilyeu, Bivens, Brown, BudgE Chase Cobba, Crutcher, Egbert, Ellsworth (p0), Ellswortl (30), Evans, Fredericksen, High, Kidwell, Klein, Manley Manning, Miller, Mix, Murphy, Peavey, Rigby, Saxvili Solberg, Steen, Stoicheff, Summers, Swenson, Willianu Yarbrough. Total—32. Crookham, Mitchell. Total—2. NAYS Brassey. Total—i. Absent and excused Total—35. Whereupon the Acting President declared the bill passed Title was approved and the bill ordered returned to th House. H. 28 was read the third time at length, section by sec tion and placed before the Senate for final consideratior the question being, “Shall the bill pass ?“ Roll call resulted as follows: Allen, Barker Bilyeu, Biveus, Brown, BudgE AYES Chase, Cobbs, Crookham, drutcher, Egbert, Ellsworth (20) Ellsworth (30)2 Evans, Fredericksen, High, Kidwell, Kleir Manley, Manning Miller, Mix, Murphy, Peavey, Rigb3 Saxvik, Solberg, teen, Summers, Swenson, Williams, Yax brough. Total—32. Mitchell, Stoicheff. Total—2. NAYS Brassey. Total—i. Absent and excused Total—35. Whereupon the Acting President declared the bi] passed. Title was approved and the bill ordered returned to th House. H. 53 was read the third time at length, section by sec tion and placed before the Senate for final consideratioi the question being, “Shall the bill pass?” —
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Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brown, Budg AYES Chase, Cobbs Crookham, Crutcher, Egbert, Ellsworth (30$ Evans, Fredericksen, High, Kidwell, Klein, Manning —
SENATE JOURNAL tiler, Mitchell, Mix, Murphy, Peavey, Rigby, Solberg, teen, Stoicheff, Summers, Swenson, Williams, Yar rough. Total—31. NAYS Manley. Total—i. Brassey, Ellsworth (20), Sax Absent and excused 1k. Total—3. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the [ouse. S. 1044 was read the third time at length, section by ection and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey. Brown, AYES udge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells orth (30), Evans, Fredericksen, High, Kidwell, Klein, [anley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, igby, Solberg, Steen, Summers, Swenson, Williams, Yar rough. Total—32. Stoicheff. Total—i. NAYS Ellsworth (20), $axvik. Total—2. Absent and excused Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to e House. S. 1057 was read the third time at length, section by action and placed before the Senate for final considera on, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Budge, hase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth 30), Evans, Fredericksen, High, Kidwell, Klein, Manley, [anning, Miller, Mitchell, Mix, Rigby, Solberg, Steen, toicheff, Summers, Swenson, Williams, Yarbrough. Total —
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—30. NAYS—Brown, Murphy, Peavey. Total—3. Absent and excused—Ellsworth (20), Saxvik. Total—2. Total—35. Whereupon the Acting President declared the bill assed. Title was approved and the bill ordered transmitted the House. S. 1066 was read the third time at length, section by ction and placed before the Senate for final considera on, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES-Allen, Barker, Bilyeu, Bivens, Brassey, Brown, udge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells orth (30), Evans, Fredericksen, High, Kidwell, Klein, :anley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, .igby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen m, Williams, Yarbrough. Total—34. NAYS-None. Absent and excused—Ellsworth (20). Total—i. Total—35. Whereupon the Acting President declared the bill sssed. Title was approved as corrected and the bill ordered unsmitted to the House. Senator Crookham, having voted on the prevailing side which S. 1057 passed in the Senate, served notice that may on the next legislative day move for econsidera on of the vote.
February 8]
The Acting President ordered S. 1057 held at the desk. On motion by Senator Bivens, seconded by Senator Mix, the Senate recessed until 1:30 o’clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present. Prior to recess the Senate was at the Thirteenth Order of Business. Third Reading of Bills S. 1056 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES-Allen, Bivens, Chase, Crookham, Egbert Ells worth (20), Ellsworth (30), Fredericksen, High, Kidwell, Miller, Mix, Rigby, Solberg, Steen, Swenson, Williams. Total—17. NAYS—Barker, Bilyeu, Brassey, Brown, Budge, Cobbs, Crutcher, Evans, Klein, Manley, Manning, Mitchell, Mur phy, Peavey, Saxvik, Stoicheff, Summers, Yarbrough. Total—i8. Total—35. Whereupon the President declared the bill lost and ordered it filed in the office of the Secretary of the Senate. On request by Senator Fredericksen, granted by unani mous consent, S. 1007 was referred to the General Calen dar for amendment. The President called President Pro-Tempore Ellsworth to the Chair. Senator Bivens requested unanimous consent that S. 1051 be referred to the Resources and Environment Com mittee. Senator Crutcher objected. Moved by Senator Bivens, seconded by Senator Manley, that S. 1051 be referred to the Resources and Environ ment Committee. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Ellsworth (20), Manley, Manning, Peavey, Solberg, Steen, Summers, Williams. Total—i5. NAYS-Chase, Cobbs Crookham, Crutcher, Egbert, Ellsworth (30), Evans, ‘redericksen, High, Klein, Miller, Mitchell, Mix, Murphy, Riby, Saxvik, Stoicheff, Swenson, Yarbrough. Total—19. Absent and excused—Kidwell. Total—i. Total—35. Whereupon the President Pro-Tempore declared the motion lost. Moved by Senator Manley, seconded by Senator Bivens, that S. 1051 be referred to the General Calendar for amendment. Roll call vote was requested by Senators Murphy, Crutcher and Chase. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES-Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Eflsworth (20), High, Klein, Manley, Manning, Solberg, Summers. Total—13. NAYS—Budge, Chase, Cobbs, Crookham, Crutcher, Eg bert, Ellsworth (30), Evans, Fredericksen, Kidwell, Miller,
SENATE JOURNAL
February 8
vlitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Steen, toicheff, Swenson, Williams, Yarbrough. Total—22. Total—35. Whereupon the President Pro-Tempore declared the notion lost. S. 1051 was read the third time at length, section by ection and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roll call resulted as follows: Bilyeu, Budge, Chase, Cobbs, Crookham, AYES Drutcher, Fgbert, Ellsworth (30), Evans, Fredericksen, Eligh, Kidwell, Klein, Miller, Mitchell, Mix, Murphy, ‘eavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Swenson, larbrough. Total—25. NAYS—Allen, Barker, Bivens, Brassey, Brown, Ells worth (20), Manley, Manning, Summers, Williams. Total —10. Total—35. Whereupon the President Pro-Tempore declared the )ill passed. Title was approved and the bill ordered transmitted to ;he House. Senator Evans, having voted on the prevailing side y which S. 1056 lost in the Senate, served notice that he nay on the next legislative day move for reconsideration )f the vote. The President Pro-Tempore ordered S. 1056 held at the lesk for one legislative day. On request by Senator Kidwell, granted by unanimous onsent, S. 1036 retained its place on the Third Reading Calendar for one legislative day. S. 1061 was read the third time at length, section by iection and placed before the Senate for final considera bion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Brassey, Brown, Budge, AYES Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Elllsworth (30), Evans, High, Kidwell, Klein, Manley, {anning, Miller, Mitchell, Mix, Murphy, Peavey Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, wenson, Williams, Yarbrough. Total—33. NAYS None. Absent and excused Bivens, Fredericksen. Total—2. Tota1—35. Whereupon the President Pro-Tempore declared the bill passed. Title was approved and the bill ordered transmitted to the House. There being no objection, the Senate returned to the Third Order of Business. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Friday, February 5, 1971 was read and approved as corrected. KLE IN, Chairman. Report adopted. Messages from the House February 8, 1971. Mr. President: I transmit herewith Enrolled H. 1, H. 52, H. 46 and H. 56 which have been signed by the Speaker. FITZWATER, Chief Clerk. The President Pro-Tempore announced he was about to sign Enrolled H. 1, H. 52, H. 46, H. 56 and when so signed, ordered them returned to the House. —
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73
Introduction, First Reading and Reference of Bills S. 1096 By JUDICIARY AND RULES COMMITTEE A BILL Amending Senate Bill Number 1050 of the first regular session of the Forty-first Legislature of the State of Idaho, relating to the affairs of decedents and other matters, amending Section 15-2-401 thereof to change the home stead allowance from $5,000 to $4,000 or $10,000 depending on whether there are dependent issue; amending Section 15-2-403 thereof to provide for the surviving spouse alone and for the surviving spouse who has minor children; amending Section 15-2-505 to require that a person wit nessing a Will be over the age of eighteen; amending Section 15-2-803 thereof to provide that a slayer shall not take any community property which he would have re ceived from the slayed person by virture of devise or descent; amending Section 15-3-301 thereof by providing for applications for informal statements intestacy where the estate is community and there is a surviving spouse and adding two requirements for the contents of the peti tion; amending Section 15-3-302 thereof by providing that the registrar shall issue a written statement under in formal probate of a Will if thirty days have elapsed since death; amending Section 15-3-303 thereof by requiring the registrar, in the case of informal probate of a Will when the estate is community and there is a surviving spouse, to make certain determinations; amending Section 15-3-706 thereof by providing mailing of an inventory to interested persons who request it; amending Section 15-3-803 there of to limit application of the non-claim statute to contract claims; amending Section 15-5-410 thereof by changing the order of who may be appointed conservator of the estate of a protected person; and providing an effective date. S. 1097 By LABOR AND ECONOMIC DEVELOPMENT COMMITTEE AN ACT Amending Section 44-1107, Idaho Code, relating to the hours of employment for female employees, by exempting from the provisions of said section females employed in bona fide executive, administrative, professional or outside salesman capacities as defined in regulations under the Federal Labor Standards Act. S. 109$ By LABOR AND ECONOMIC DEVELOPMENT COMMITTEE AN ACT Amending Section 45-615, Idaho Code, relating to pro ceedings for collection of wages and damages before the Commissioner of Labor, by changing the provision thai limits such proceedings to claims involving $250.00 or less and setting a new limit for collection of wages by the Commissioner of Labor to claims involving $450.00 ox less; and declaring an emergency. S. 1096, S. 1097 and S. 1098 were introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. There being no objection, the Senate advanced to thE Fifteenth Order of Business. Miscellaneous Business Senator Chase arose on a point of personal privilege tc introduce former Senator Bill Webster from District 3 who spoke a few words to the members of the Senate. The President Pro-Tempore welcomed the former Sena tor to the Senate Chamber. On motion by Senator Kidwell, seconded by Senatoi Mix, the Senate adjourned until 11:00 o’clock a.m., Tues day, February 9, 1971. JAMES ELLSWORTH, President Pro-Tempore. Attest: ARTHUR WILSON, Secretary.
SENATE JOURNAL THIRTIETH LEGISLATIVE DAY TUESDAY. FEBRUARY 9, 1971 Senate Chamber, Boise, Idaho, February 9, 1971. President Murphy called the Senate to order at 11:00 o’clock a.m. Roll call showed all members present except Senator Manley, excused. The following prayer was offered by Chaplain Newell Morgan: Almighty God, in a deepening sense of thanksgiving, we express our heartfelt gratitude for that which is to this moment a safe journey for the three who have gone far into space and are momentarily awaited by loved ones. We thank Thee for an ordered, consistent universe where with the understanding and use of Thy Divinely estab [ished laws, man can project from the known to the unknown. Help us, our God, that all that is material about us, remind us of Thy love, care and provision. As we seek, follow and use Thy Divine laws in sci mces, morality, in life, help these and all who labor in [awmaking realize and use the Divinely given laws of self-government. Bless these within this Chamber with Thy Presence. In Christ’s Name, Amen. Reports of Standing Committees February 9, 1971. The JUDICIARY AND RULES Committee reports that 8. 1092, S. 1093, S. 1094, S. 1095, S. 1096, S. 1097 and 1098 have been correctly printed. KLEIN, Chairman. S. 1092, 5. 1093 and S. 1096 were referred to the Judi iary and Rules Committee. S. 1094 and S. 1095 were referred to the Health, Educa zion and Welfare Committee. S. 1097 and S. 1098 were referred to the Labor and Eco riomic Development Committee. February 9, 1971. The JUDICIARY AND RULES Committee reports out 1079 and H. 48 with the recommendation that they do .
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KLEIN, Chairman. February 8, 1971. The STATE AFFAIRS Committee reports out S. 1070 rnd S. 1054 with the recommendation that they do pass. SUMMERS, Chairman. February 9, 1971. The HEALTH, EDUCATION AND WELFARE Com nittee reports out H. 86 with the recommendation that it lo pass. BARKER, Chairman. S. 1079, H. 48, S. 1070, S. 1054 and H. 86 were filed for ;econd reading. February 8, 1971. The STATE AFFAIRS Committee reports out S. 1082 vith the recommendation that it be printed. SUMMERS, Chairman.
February 9]
February 9, 1971. The HEALTH, EDUCATION AND WELFARE Com mittee reports out S. 1083 with the recommendation that ii be printed. BARKER, Chairman. S. 1082 and S. 1083 were referred to the Judiciary and Rules Committee for printing. February 9, 1971. The JUDICIARY AND RULES Committee reports that S. 1027 has been correctly enrolled. KLEIN, Chairman. The President announced he was about to sign Enrolled S. 1027, and, when so signed, ordered it transmitted to the House for the signature of the Speaker. February 8, 1971. The STATE AFFAIRS Committee reports that they have had under consideration the Gubernatorial appoint ment of Mr. Harry Nock to a six year term on the Public Utilities Commission commencing January 9, 1971 and recommends that this appointment be confirmed by the Senate. SUMMERS, Chairman. The Gubernatorial appointment was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the desk for one legislative day. Messages from the House February 8, 1971. Mr. President: I transmit herewith II. 60 which has passed the House. FITZWATER, Chief Clerk. H. 60 was filed for first reading. February 8, 1971. Mr. President: I transmit herewith notice that the Legislative Budget and Fiscal Committee appointment of James A. Defen bach as Legislative Auditor has been confirmed by the House of Represenatives. FITZWATER, Chief Clerk. The President ordered the message filed in the office of the Secretary of the Senate. Motions and Resolutions Senator Evans, having previously served proper notice, moved that the vote by which S. 1056 lost in the Senate, be now reconsidered. Seconded by Senator Bivens. The question being, “Shall the motion pass?” The President declared the motion passed and that S. 1056 was now before the Senate for consideration. Moved by Senator Evans, seconded by Senator Egbert, that S. 1056 be recommitted to the Finance Committee. Roll call vote was requested by Senators Manning, Murphy and Crutcher. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES—Barker, Bilyeu, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Eghert, Evans, Klein, Manning, Murphy, Peavey, Rigby, Saxvik, Steen, Stoicheff, Sum mers. Total—19. NAY S—Allen, Bivens, Brassey, Ellsworth (20), Ells worth (30), Fredericksen, High, Kidwell, Miller, Mitchell, Mix, Solberg, Swenson, Williams, Yarbrough, Total—iS.
[February 9
SENATE JOURNAL
Absent and excused—Manley. Total—i. Total—35. Whereupon the President declared the motion passed and S. 1056 was recommitted to the Finance Committee. Senator Crookham having previously served proper notice, moved for reconsideration of the vote by which S. 1057 passed in the Senate. Seconded by Senator Murphy. Roll call vote was requested by Senators Crookham, Kidwell and Murphy. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES—Allen, Brassey, Cobbs, Crookham, Egbert, Ells worth (20), Kidwell, Murphy, Peavey, Steen, Stoicheff, Yarbrough. Total—i2. NAYS—Barker, Bilyeu, Bivens, Brown, Budge, Chase, Crutcher, Ellsworth (30), Evans, Fredericksen, High, Klein, Manning, Miller, Mitchell, Mix, Rigby, Saxvik, Solherg, Summers, Swenson, Williams. Total—22. Absent and excused—Manley. Total—i. Potal—35. Whereupon the President declared the motion lost and S. 1057 was ordered transmitted to the House. Introduction, First Reading and Reference of Bills S. 1099 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 33404, Idaho Code, relating to the State Board of Education by increasing the per diem amount paid to each member of the Board from fifteen dollars to twenty-five dollars. S. 1100 By STATE AFFAIRS COMMITTEE ANACT Amending Chapter 12, Title 49, Idaho Code, by adding a new Section 49-1210A, Idaho Code, to provide for par tial allocation of an excise tax on motor fuels to cities; amending Chapter 12, Title 49, Idaho Code, by adding a new Section 49-1231A, Idaho Code, to provide for par tial allocation of an excise tax on motor fuels to cities; amending Section 49-1241, Idaho Code, relating to dis position of funds, to provide an exception to the dis position of funds; and providing an effective date. S. 1101 By STATE AFFAIRS COMMITTEE AN ACT Relating to the State Fire Marshal; amending Section 39-3502, Idaho Code, by providing the creation of the Fire Prevention Division in the Department of Insurance, and providing that the Commissioner of Insurance shall act as the director of the Division of Fire Prevention and may act as the Fire Marshal or may appoint a Fire Marshal; repealing Section 39-3503, Idaho Code, relating to the State Fire Prevention Board; amending Section 39-3504, Idaho Code, to provide the powers and duties of the State Fire Marshal; repealing Section 39-3505, Idaho Code, relating to the duties of the State Fire Marshal; amending Section 39-3506, Idaho Code, providing for assistants to the State Fire Marshal; amending Section 39-3518, Idaho Code, by providing that the Revenues derived from Sec tion 63-2503, Idaho Code, are credited to the State Fire Prevention Fund, and providing that the State Fire Pre vention Fund is dedicated to the purpose of defraying the expenses of the State Fire Prevention Division, and providing that balance in excess of seventy-five thousand dollars at the end of each fiscal year shall be transferred to the General Fund; and providing an effective date.
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5. 1102 By STATE AFFAIRS COMMITTEE AN ACT Declaring the policies of the state of Idaho with refe; ence to overtime work, holidays and vacation leave; dc fining terms; authorizing the appointing authority of an department to determine the necessity for overtime woric providing for cash compensation or compensatory time fo overtime work and for performing services in state err ployment on holidays; authorizing the Idaho Personn Commission to designate certain positions and classes c positions for purposes of determining eligibility for cas compensation or compensatory time for overtime worl establishing an accrual rate for vacation leave for stai employees; establishing method of compensation fo unused vacation leave or compensatory time upon separi tion from state service; repealing Section 67-2507, Idab Code, and Sections 67-5317 through 67-5325, Idaho Code. S. 1103 By RESOURCES AND ENVIRONMENT COMMITTEE AN ACT Requiring big game hunters to wear a minimum amour of “hunter orange” colored material while hunting hi game animals with firearms; and providing a penalty fc failure to comply. S. 1104 By AGRICULTURAL AFFAIRS COMMITTEE AN ACT Amending Section 22-2718, Idaho Code, relating to U powers and duties of the State Soil Conservation Commi: sion to provide that the State Soil Conservation Commi: sion members may receive a per diem allowance twenty-five dollars for each day they are actually engag in State Soil Conservation Commission business. S. 1105 By AGRICULTURAL AFFAIRS COMMITTEE AN ACT Regulating the practice of veterinary medicine; pr viding a declaration of policy; providing a title for the ac providing definitions; providing limitations on practii of veterinary medicine; creating the State Board Veterinary Medicine, and providing for its appointme: by the Governor, its membership, and the qualification terms of office and per diem expenses of members, a; the organization, procedures, meetings, duties and powe of the board; providing for retention of present license providing for application for licenses, application requk ments and application fees; providing for examinath notices and issuance of licenses; providing for licens without examination; providing for temporary permit providing for renewal of licenses; providing for ti revocation of licenses and the grounds therefor; providh for a hearing procedure; providing for judicial review orders; providing for reinstatement; providing for crimin violation and injunctions; providing the Department Law Enforcement shall administer the Idaho Veterina: Practice Act; repealing Chapter 21, Title 54, Ida] Code; amending Section 67-2901, Idaho Code, to provi that the Department of Law Enforcement shall have t power to exercise the rights, powers and duties vested 1 law in the State Board of Veterinary Medicine; amen ing Section 67-2910, Idaho Code, to provide that exar iners for veterinarians shall be selected as provided f in the Idaho Veterinary Practice Act; amending Secti 67-2919, Idaho Code, to provide that the fee for renev of licenses for veterinarians shall be determined by t State Board of Veterinary Medicine; providing sev ability; and providing an effective date. S. 1106 By JUDICIARY AND RULES COMMITTEE AN ACT Relating to recall elections; amending Section 34-17(
SENATE JOURNAL daho Code, by providing that officers of taxing dis ricts may be recalled if nomination petitions are re uired to be filed in the office of the taxing district and roviding that a recall petition shall contain at least wenty per cent of the names voting in the last general lection for that office. S. 1107 By JUDICIARY AND RULES COMMITTEE AN ACT Amending Section 1-2202, Idaho Code, relating to Lagistrates, by providing that “magistrate” means a [agistrate of the District Court appointed or elected; mending Section 1-2205, Idaho Code, relating to the istrict Magistrates Commission, by providing that the ommission have power to appoint magistrates in the rst instance and to appoint magistrates to fill vacancies; nending Section 1-2206, Idaho Code, relating to magis ates, by providing that a magistrate shall be a qualified ector of the county for which he is appointed or elected; riending Section 1-2207, Idaho Code, relating to magis ates, by providing that a magistrate may be removed om office whether he is appointed or elected; amending hapter 22, Title 1, Idaho Code, by the addition of a new sction 1-2207A, relating to election to retain the office magistrate, by providing that retention in the office magistrate shall be by election, by providing that a agistrate shall file a declaration of intent to retain the lice, by providing that failure to file shall create a wancy in the office at the end of the term, providing ir presenting the question to the voters of the county, oviding for the effect of the votes on the question, and oviding for failure to be retained in office; and declar g an emergency. 5. 1108 By HEALTH, EDUCATION AND WELFARE COMMITTEE AN ACT Changing the name of North Idaho Junior College to orth Idaho College; and providing an effective date. S. 1109 By COMMERCE AND BANKING COMMITTEE AN ACT Relating to liability insurance; amending Section 4124, Idaho Code, by providing that the Commissioner Insurance may adopt rules and regulations to provide tequate notice, including but not limited to a written atement, that a policy does not provide legal liability r injury to persons or damage to property of third trties. 5. 1110 By HEALTH, EDUCATION AND WELFARE COMMITTEE AN ACT Amending Section 33-2205, Idaho Code, relating to the ecutive Officer of the State Board for Vocational Educa m, by providing that the State Director of Vocational lucation shall serve as Executive Officer of the State )ard of Vocational Education. 5. 1111 By HEALTH, EDUCATION AND WELFARE COMMITTEE AN ACT Relating to junior colleges; amending Section 33-2110, aho Code, by providing for an increase in the amount of ition; amending Section 33-2110A, Idaho Code, by ineasing the liability of the resident county. S. 1099, 5. 1100, S. 1101, 5. 1102, S. 1103, S. 1104, 1105, S. 1106, S. 1107, S. 1108, S. 1109, S. 1110 and 1111 were introduced, read the first time at length and ferred to the Judiciary and Rules Committee for print-
February 9)
H. 60, by State Affairs Committee, was introduced, read the first time at length and referred to the State Affairs Committee. Second Reading of Bills 5. 1067, by Labor and Economic Development Com
mittee, was read the second time at length and filed for third reading. Third Reading of Bills 5. 1055 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Bilyeu, Cobbs, Crookham, Manning, Stoicheff. Total—S. NAYS—Allen, Barker, Bivens, Brassey, Brown, Budge, Chase, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Summers, Swenson, Williams, Yarbrough. Total—29. Absent and excused—Manley. Total—i. Total—35. Whereupon the President declared the bill lost and ordered it filed in the office of the Secretary of the Senate. On motion by President Pro-Tempore Ellsworth, sec onded by Senator Crutcher, the Senate recessed until 1:30 o’clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present except Senators Manley and Stoicheff, excused. Prior to recess the Senate was at the Thirteenth Order of Business Third Reading of Bills On request by Senator Kidwell, granted by unanimous consent, 5. 1036 was referred to the General Calendar for amendment. There being no objection, the Senate returned to the Third Order of Business. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Monday, Feb ruary 8, 1971 was read and approved as corrected. KLEIN, Chairman. Report adopted.
Reports of Standing Committees February 9, 1971. The COMMERCE AND BANKING Committee reports out 5. 1075 with the recommendation that it go to the Fourteenth Order of Business, General Calendar, for amendment. BRASSEY, Chairman. S. 1075 was referred to the General Calendar for amend ment. Messages from the House February 9, 1971. Mr. President: I transmit herewith H. 99, H. 100, H. 101, H. 67 and H.C.R. 5 which have passed the House. FITZWATER, Chief Clerk.
[February 9
SENATE JOURNAL
H. 99, H. 100, H. 101 and H. 67 were filed for first reading. H.C.R. 5 was referred to the Tenth Order of Business. Motions and Resolutions The following Resolution was read at length by the Secretary: H.C.R. 5 By HYDE, KENNEVICK AND HAMMOND A CONCURRENT RESOLUTION Providing for a Joint Session of the House of Repre sentatives and the Senate, inviting the Governor and Elective Officials to attend a memorial program com memorating the birth of Abraham Lincoln. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, Abraham Lincoln did, on the 3rd of March, 1863, sign the Organic Act of the Territory of Idaho granting self-government to the great state of Idaho; and WHEREAS, Abraham Lincoln personified those virtues so essential to the well-being of the people of our state; and WHEREAS, Abraham Lincoln exemplified those attri butes necessary for the unity of our nation; and WHEREAS, it is altogether fitting and proper that we honor the sixteenth President of the United States of America with an appropriate memorial program. NOW, THEREFORE, BE IT RESOLVED by the First Regular Session of the Forty-first Idaho Legislature now in session, the House of Representatives, and the Senate concurring therein, that the House of Representatives and the Senate of the state of Idaho do meet in joint session in the House Chamber at the hour of 11 A.M., February 12, 1971 to memorialize the birth of Abraham Lincoln. BE IT FURTHER RESOLVED that the Governor and other elective state officials be invited to join the House of Representatives and the Senate in the observance of this occasion. BE IT FURTHER RESOLVED that the committee of the House of Representatives appointed for this purpose meet with the similar committee of the Senate and ar range for a suitable memorial program. fl.C.R. 5 was ordered held at the desk for two legisla tive days. Introduction, First Reading and Reference of Bills H. 99 and H. 101, by State Affairs Committee, were introduced, read the first time at length, and referred to the Local Government and Taxation Committee. H. 100, by State Affairs Committee, was introduced, read the first time at length, and referred to the State Affairs Committee. H. 67, by Resources and Conservation Committee, was introduced, read the first time at length and referred to the Judiciary and Rules Committee. Second Reading of Bills On request by Senator Bivens, granted by unanimous consent, S. 1070 was referred to the General Calendar for amendment. On request by Senator Kidwefl, granted by unanimous consent, H. 48 was recommitted to the Judiciary and Rules Committee. On request by Senator Bivens, granted by unanimous consent, S. 1079, S. 1054 and H. 86 retained their place on the Second Reading Calendar for one legislative day. There being no objection, the Senate returned to the Tenth Order of Business. Motions and Resolutions On request by Senator Williams, granted by unanimous
7i
consent, S.C.R. 108 was ordered held at the desk for tw legislative days. On request by Senator Peavey, granted by unanimou consent, S.J.M. 103 was ordered held at the desk fo two legislative days, until Thursday, February 11, 197] Introduction, First Reading and Reference of Bills S. 1112 By LOCAL GOVERNMENT AND TAXATION COMMITTEE AN ACT Appropriating moneys from the permanent builthn fund and transferring such moneys to the general fund stating legislative policy regarding the effectiveness o this act; and providing an effective date. 5. 1112 was introduced, read the first time at lengtl and referred to the Judiciary and Rules Committee fo printing. On request by Senator Bivens, granted by unanimou consent, the Senate advanced to the Fourteenth Order c Business. General Calendar The President declared the Senate recessed and calle Senator Bivens to the Chair to preside during the sittin, of the Committee of the Whole. Following the adjournment of the Committee of th Whole, the President called the Senate to order. Report of the Committee of the Whole Senator Bivens, Chairman of the Committee of th Whole, reported out S. 1007 and S. 1070, without recon mendation, amended as follows: SENATE AMENDMENTS TO S. 1007 Amendment to Section 8 On page 4 of the printed bill, in line 21, following th word “may” delete the remainder of the line and all c lines 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 3 36, and 37, and insert in lieu thereof the following: “request the attendance of witnesses and the produc tion of such books, records and papers as may be require at any hearing before it, and for that purpose the boar may request a district court to issue a subpoena for an witness or a subpoena duces tecum to compel the produf tion of any books, records or papers. Subpoenas sha be directed to the sheriff of any county in the state c Idaho where such witness resides or may be found. Suf poenas shall be served and returned in the same mannE as subpoenas in a criminal case. The fees and mileage c the sheriff and witnesses shall be the same as that allowe in district court criminal cases, which fees and mileag shall be paid from any funds in the state treasury avai. able therefor in the same manner as other expenses the board are paid. Disobedience of any subpoena issue by the district court or the refusal by any witness i failing to testify concerning any matter regarding whic he may lawfully be interrogated, or the failure to produc any books, records or papers, shall constitute a cot tempt of the district court of any county where such di obedience or refusal occurs, and said court, or any jud thereof, by proceedings for contempt in said cour may, if such contempt be found, punish said witness t in any other case of disobedience of a subpoena issue from such court or refusal to testify therein.”. Amendment to Section 12 On page 6 of the printed bill, in line 22, following tf word “total” insert the word “annual”. Amendments to Section 18 On page 9 of the printed bill, in line 11, followin the word and character “city,” delete the word an character “town,”. On page 9 of the printed bill, in line 13, following ti
SENATE JOURNAL ‘ord and character “act,” delete the following words nd character: “or with licensed geological engineers,”. Amendments to Section 22 On page 11 of the printed bill, in line 12, following the ord and character “issued,” delete the remainder of the me, and in line 13 delete the words “work on which he will e engaged in this state”. On page 11 of the printed bill, in line 35, following he words “prevent or to” delete the word “effect” and nsert the word “affect”. SENATE AMENDMENTS TO S. 1070 Amendment to Section 1 On page 1 of the printed bill, in line 25, following the vord “negotiated”, and before the word “or”, insert the rord “sale”. Amendment to the Bill On page 2 of the printed bill, following line 12, insert new section as follows: SECTION 2. An emergency existing therefor, which mergency is hereby declared to exist, this act shall be n full force and effect, on and after its approval. Correction to the Title On page 1 of the printed bill, in line 8, strike the haracter “.“ and add the phrase, “AND DECLARING N EMERGENCY.” The Committee also has under consideration, S. 1036, 1075 and S.J.M. 105, report progress and beg leave to it again. BIVENS Chairman. On motion by Senator Bivens, seconded by Senator turphy, the report was adopted. S. 1007, as amended, and S. 1070, as amended, were eferred to the Judiciary and Rules Committee for enTossing. Senate amendments to S. 1007 and S. 1070 were referred o the Judiciary and Rules Committee for printing. Miscellaneous Business Senator Murphy arose on a point of personal privilege o introduce former State Senator Gene Anderson who was i the gallery. The President welcomed the former Senator to the enate Chamber. On motion by President Pro-Tempore Ellsworth, sec nded by Senator Crutcher, the Senate adjourned until 1:00 o’clock a.m,, Wednesday, February 10, 1971. JACK MURPHY, President. ttest: ARTHUR WILSON, Secretary.
THIRTY-FIRST LEGISLATIVE DAY WEDNESDAY, FEBRUARY 10, 1971
Senate Chamber, Boise, Idaho, February 10, 1971. President Murphy called the Senate to order at 11:00 ‘clock a.m. Roll call showed all members present except Senators rassey, Fredericksen, High, Manley, Peavey, Solberg, Tilliams and Yarbrough, excused. The following prayer was offered by Chaplain Newell [organ:
February 10]
Our Sovereign Lord God, we stand humbly before Thee, though our emotions are mixed. We stand, thankful for Your Presence, secure in our world, yet our hearts are heavy for those about us who suffer and are hurt. We are mystified by the capriciousness of nature. These are so many mysteries in our world: life, death, earth quakes, tragic events, our God help us in the constant pursuit of knowledge to more fully understand these things. Help us that nature may more and more become our ally, never our enemy. Be with those who have suffered loss, are hurt, are bewildered by the events of yesterday. Help them to build anew. It is a promise from Thee, that “All things work to gether for good for those who love Thee and are called according to Thy purpose.” In the deep recess of our hearts and minds may the full significance of this great truth register with each of us. May the comfort, assurance, leading of Thy Presence be with each of these who now stand before Thee. In Our Lord’s Name, Amen. Reports of Standing Committees February 10, 1971. The JUDICIARY AND RULES Committee reports that S. 1083, S. 1099, S. 1100, S. 1101, S. 1102, S. 1103, S. 1104, S. 1105, S. 1106, S. 1107, S. 1108, S. 1109, S. 1110, S. 1111, S. 1112 and Senate amendments to S. 1007 have been correctly printed. KLEIN, Chairman. S. 1083, S. 1108, S. 1110 and S. 1111 were referred to the Health, Education and Welfare Committee. S. 1099, 5. 1101 and S. 1102 were referred to the State Affairs Committee. S. 1100 was referred to the Transportation Committee. S. 1103 was referred to the Resources and Environ ment Committee. S. 1104 and S. 1105 were referred to the Agricultural Affairs Committee. S. 1106 and S. 1107 were referred to the Judiciary and Rules Committee. S. 1109 was referred to the Commerce and Banking Committee. S. 1112 was referred to the Local Government and Taxation Committee. The President called President Pro-Tempore Ellsworth to the Chair, February 10, 1971. The JUDICIARY AND RULES Committee reports out S. 1092 without recommendation. KLEIN, Chairman. February 10, 1971. The HEALTH, EDUCATION AND WELFARE Com mittee reports out S. 1095 and S. 1094 with the recom mendation that they do pass. BARKER, Chairman. S. 1092, S. 1095 and S. 1094 were filed for second reading. February 10, 1971. The JUDICIARY AND RULES Committee reports out S. 1082 with the recommendation that it not be printed, at the request of the State Affairs Committee. KLEIN, Chairman. Onrequest by Senator Summers, granted by unanimous consent, S. 1082 was withdrawn.
:February 10
SENATE JOURNAL
The President Pro-Tempore ordered the bill filed in he office of the Secretary of the Senate. Motions and Resolutions On motion by Senator Summers, seconded by Senator durphy, the Gubernatorial appointment of Mr. Harry ‘ock to the Public Utilities Commission, was confirmed. The President Pro-Tempore directed the Secretary of he Senate to prepare a list, for his signature, of the ubernatorial appointment confirmation, attested to by he Secretary, to be transmitted to the Governor inform ng him of the action of the Senate. Introduction, First Reading and Reference of Bills S. 1113 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 67-3525, Idaho Code, relating to the tate budget and the determination of expense attributa )le to special funds and transfer of sums from special funds to the General Fund; by striking the provisions that he State Auditor shall calculate the amount due from ach special fund and providing that the State Auditor ;hall calculate the amount due from all special funds; ) striking the schedule from which the State Auditor alculates the amount due from special funds, and adding iew material providing that the State Auditor shall alculate the amount due from all special funds at the ate of five per cent of moneys received and credited to, mcli funds during any fiscal year; and providing an affective date. S. 1114 By JUDICIARY AND RULES COMMITTEE AN ACT Amending Section 20-223, Idaho Code, relating to rffenses not parolable, by providing that the Board of Correction shall not accept an application for parole nor interview any prisoner for parole who was committed to he State Penitentiary for any crime for which the prisoner received a life sentence or for any of the follow[rig crimes; homicide in any degree, treason, rape where violence is an element of the crime, robbery of any kind, kidnapping, burglary when armed with a dangerous weapon, assault with intent to kill, or murder in the sec ond degree, any crime of rape, incest, crime against uature, or committing a lewd act upon a child, or with an attempt or assault with intent to commit any of said irimes, or any prisoner serving a sentence as a habitual 1ender, until said prisoner has served either a period of five years or one-third of the original sentence, which ever is the least, providing that the above limitation shall apply only to those prisoners sentenced on and after the Srst day of July, 1971. S. 1115 By JUDICIARY AND RULES COMMITTEE AN ACT Amending Section 19-2601, Idaho Code, relating to com mutation, suspension, withholding of sentence and proba tion, by providing that the court may suspend the execu tion of judgment during the first one hundred and twenty days of a sentence during which time the court retains jurisdiction and places the defendant on probation; amend ing Section 19-2604, Idaho Code, relating to discharge of defendant and amendment of judgment, by providing that if sentence has been imposed but suspended during the first one hundred and twenty days and the defendant placed on probation, the court may amend the judgment of conviction from custody of the State Board of Correc tion to confinement in a penal facility and such amended judgment may be deemed a misdemeanor conviction. S. 1116
By JUDICIARY AND RULES COMMITTEE AN ACT Providing for the granting of goodtime to inmates in
79
state correctional institutions, providing a schedule upon which such goodtime shall be computed; providing for the forfeiture and withholding of goodtime from inmates in state correctional institetions, providing for a hearing before revocation or forfeiture of goodtime; and declaring an emergency. S. 1117 By JUDICIARY AND RULES COMMITTEE AN ACT Amending Section 20-101, Idaho Code, by designating correctional facilities to be hereafter known as the Idaho State Rehabilitation Center, and striking the restriction that no facility may be acquired except as provided by law. S. 1113, S. 1114, S. 1115, S. 1116 and S. 1117 were in troduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. Second Reading of Bills S. 1079, by Judiciary and Rules Committee, was read the second time at length and filed for third reading. S. 1054, by State Affairs Committee, was read the sec ond time at length and filed for third reading. H. 86, by Edwards, was read the second time at length and filed for third reading. Third Reading of Bills On request by Senator Bivens, granted by unanimous consent, S. 1022 retained its place on the Third Reading Calendar for one legislative day. H. 40 was read the third time at length, section by sec tion and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brown, Budge, Cobbs, Crutcher, Ellsworth (20), Ellsworth (30), Evans, Klein, Manning, Miller, Mitchell, Mix, Murphy, Rigby, Saxvik, Steen, Stoicheff, Summers, Swenson. Total—23. NAYS Crookham. Total—i. Absent and excused Brassey, Chase, Egbert, Fred ericksen, High, Kidwell, Manley, Peavey, Solberg, Wil liams, Yarbrough. Total—il. Total—35. Whereupon the President Pro-Tempore declared the bil] passed. Title was approved and the bill ordered returned to the House. S. 1067 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brown, Budge, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ella. worth (30), Kidwell, Klein, Manning, Miller, Mitchell Mix, Murphy, Rigby, Saxvik, Steen, Stoicheff, Summers, Swenson. Total—25. NAYS—None. Brassey, Chase, Evans, Fred Absent and excused ericksen, High, Manley, Peavey, Solberg, Williams, Yar brough. Total—lO. Total—35. Whereupon the President Pro-Tempore declared the bill passed. Title was approved and the bill ordered transmitted tc the House. On request by Senator Bivens, granted by unanimom consent, the Senate advanced to the Fifteenth Order ol Business. —
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Miscellaneous Business On motion by Senator Bivens, seconded by Senator Crutcher, the Senate recessed until 1:30 oâ&#x20AC;&#x2122;clock p.m. of this day. RECESS Afternon Session The Senate reconvened at 1:30 oâ&#x20AC;&#x2122;clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present except Senators Brassey, Fredericksen, High, Manley, Peavey, Solberg, Williams and Yarbrough, excused. Prior to recess the Senate was at the Fifteenth Order of Business. There being no objection, the Senate returned to the Sixth Order of Business. Reports of Standing Committees February 10, 1971. RULES reports that Committee The JUDICIARY AND S. 1007, as amended, has been correctly engrossed. KLEIN, Chairman. S. 1007, as amended, by State Affairs Committee, was filed for first reading. February 10, 1971. The RESOURCES AND ENVIRONMENT Committee reports out S. 1089 and 5. 1071 with the recommendation that they do pass. WILLIAMS, Chairman. S. 1089 and S. 1071 were filed for second reading. February 10, 1971. The RESOURCES AND ENVIRONMENT Committee reports out S. 1074 with the recommendation that it be printed. WILLIAMS, Chairman. S. 1074 was referred to the Judiciary and Rules Com mittee for printing. February 10, 1971. The RESOURCES AND ENVIRONMENT Committee reports out S. 1072 with the recommendation that it be referred to the Finance Committee. WILLIAMS, Chairman. S. 1072 was referred to the Finance Committee. February 10, 1971. The LOCAL GOVERNMENT AND TAXATION Com mittee reports out S. 1086, H. 99, H. 101 and H. 23 with the recommendation that they do pass. BROWN, Chairman. February 10, 1971. The LOCAL GOVERNMENT AND TAXATION Com mittee reports out S. 1087 without recommendation. BROWN, Chairman. S. 1086, H. 99, H. 101, H. 23 and S. 1087 were filed for second reading. Messages from the House February 10, 1971, Mr. President: I transmit herewith Enrolled II. 28, H. 29, H. 35, H. 53 and return herewith Enrolled S. 1027 which has been signed by the Speaker. FITZWATER, Chief Clerk.
February 10:
The President announced he was about to sign Enrollec
H. 28, H. 29, II. 35, H. 53, and, when so signed, orderec them returned to the House. Enrolled S. 1027 was referred to the Judiciary anc Rules Committee for transmittal to the Governor. fntroduction, First Reading and Reference of Bills
S. 1118 By RESOURCES AND ENVIRONMENT COMMITTEE ANACT Relating to electric generating facilities, declaring public policy; providing for compliance with the terms 0] this act; providing an application procedure; providin for notice of public hearings; providing for the conduct ing of public hearings; providing criteria for acting upo! applications; providing for granting or denying of appli. cation based upon the public interest; providing pro. cedures for the hearings; providing severability; and de daring an emergency. S. 1119 By RESOURCES AND ENVIRONMENT COMMITTEE AN ACT Relating to the protection of stream channels, pro. viding a statement of purpose; defining terms; providing for a permit prior to alteration of a stream channel; pro. viding that the Department of Water Administration shal determine whether any stream alteration would havc an unreasonably detrimental effect on stream values; providing that the director shall notify the applicant ol his decision; providing that if the applicant is turned down and will not alter his plans a hearing may be had, and for judicial review de novo in the the district court; providing that the act shall not affect existing water rights; providing that the act does not apply to reservoir projects; providing for waiver in emer gencies; providing for remedies for noncompliance; pro viding for restoration or mitigation; providing for sever ability of provisions; and providing an effective date. S. 1120 By RESOURCES AND ENVIRONMENT COMMITTEE AN ACT Relating to the regulation of surface mining operations and reclamation; providing a statement of purpose; de fining terms; providing that the Department of Healtl shall administer the act; requiring operating permits and applications therefor; requiring reclamation plans and the contents thereof; providing for ecologic impact evalua tion; providing for a water quality control plan; providing the procedure for approval or rejection of the reclama tion plan and permit to mine; requiring the department to maintain resource conservation; providing for inspec tions and successor operators; providing for fees, bonding, and other security; requiring reports be filed with the de partment; providing that the act shall not affect Fish and Game laws or water pollution law and shall b cumulative; providing for enforcement of the act and penalties, including judicial review; and providing for transition and an effective date. S. 1118, S. 1119 and S. 1120 were introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. S. 1007, as amended, was read the first time at length and filed for second reading. On request by Senator Bivens, granted by unanimous consent, the Senate advanced to the Fourteenth Order of Business. General Calendar The President declared the Senate recessed and called Senator Murphy to the Chair to preside during the sit ting of the Committee of the Whole. Following the adjournment of the Committee of the Whole, the President called the Senate to order.
[February 11
SENATE JOURNAL
Report of the Committee of the Whole Senator Murphy, Chairman of the Committee of the Whole, reported out 5. 1036 without recommendation, amended as follows: SENATE AMENDMENT TO S. 1036 Amendment to Section 1 On page 1 of the printed bill, in line 17, following the word “States”, strike the word “congressional” and in sert the word. “senatorial”. The Committee also has under consideration S.J.M. 105 and S. 1075, report progress and beg leave to sit again. MURPHY, Chairman. On motion by Senator Murphy, seconded by Senator Bivens, the report was adopted. Senate amendment to S. 1036 was referred to the Judi ciary and Rules Committee for printing. 5. 1036, as amended, was referred to the Judiciary and Rules Committee for engrossing. Miscellaneous Business On motion by President Pro-Tempore Ellsworth sec nded by Senator Mix, the Senate adjourned until 10:30 o’clock a.m., Thursday, February 11, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
THIRTY-SECOND LEGISLATIVE DAY THURSDAY, FEBRUARY 11, 1971 Senate Chamber, Boise, Idaho, February 11, 1971. President Murphy called the Senate to order at 10:30 o’clock a.m. Roll call showed all members present except Senator Egbert, excused. The following prayer was offered by Reverend Dennis Bixier: Eternal God and heavenly Father, grant to the members and the officers of this body a sacred moment of quiet ere they take up the duties of the day. Turn their thoughts to Thee, and open their hearts to Thy Spirit, that they may have wisdom in their decisions, understanding in their thinking, love in their attitudes, and mercy in their judgments. Let them remember Thy counsels for the rest of the day. From these moments of heart-searching may there come such a sweetness of disposition that all may know that Thou are in this place. From this moment spent with Thee may there flow light and joy and power that will remain with them until the close of this day, through Jesus Christ our Lord, we pray. Amen. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Tuesday, Feb ruary 9, 1971 was read and approved as corrected. KLEIN, Chairman. Report adopted. Reading of Communications The President ordered the following communications spread upon the pages of the Senate Journal of this day.
8:1
IDAHO STATE SENATE Capitol Building BOISE February 10, 1971 The Honorable Jack M. Murphy, President Idaho State Senate Statehouse Boise, Idaho Dear Mr. President: Following recent, very thorough, medical examinations I have been advised by my physicians that heart sur gery is urgently necessary and that delay could be dis astrous to my health. Heeding this advice, I have ar ranged to undergo this surgery on Friday, February 12 1971. Since this will necessitate my absence from the SenatE Chamber for a period of several weeks, I have elected tc request, pursuant to the provisions of Section 59-917 Idaho Code, that Governor Andrus appoint my wife Margaret Manley, to perform my duties as Acting Senatoi until such time as I am able to resume this responsibility I gratefully acknowledge the voluntary assurance thai I have already had from yourself and many Senators tc assist my wife in the performance of her new duties anc I feel that this is the best manner in this unexpectec crisis that can be used to provide uninterrupted and effective representation for the citizens of my legislativE district. I further request that I be officially excused on Wednes day, February 10, 1971, and that my wife be seated ix my place in the Senate on Thursday, February 11, 1971 Sincerely, /s! ART MANLEY State Senator District No. 2 IDAHO STATE SENATE Capitol Building BOISE February 10, 1971 The Honorable Cecil D. Andrus Governor of Idaho Statehouse Boise, Idaho 83707 Dear Governor Andrus: I hereby nominate Mrs. Margaret Manley of 1109 11th Coeur d’Alene, Idaho, 83814, as Acting Senator fron Legislative District No. 2, as of February 11, 1971 tc perform the duties temporarily as Acting Senator, unti such time as I inform you of my ability to resume the OfficE of Senator. Respectfully submitted, Is! ART MANLEY State Senator Legislative District No. 2 The President ordered the original communication fl1ed in the office of the Secretary of the Senate. Presentation of Petitions, Resolutions and Memorials The following memorial was read at length by thf Secretary: S.J.M. 106 By STATE AFFAIRS COMMITTEE A JOINT MEMORIAL To the Honorable President of the United States, thE Secretary of Transportation, President of the Senate anc Speaker of the House of Representatives of the Congres of the United States and the Senators and Representa. tives representing the state of Idaho in the Congres of the United States. We, your Memorialists, the Senate and House of Repre. sentatives of the state of Idaho assembled in the Firs Regular Session of the Forty-first Idaho Legislature, dc hereby respectfully represent that:
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WHEREAS, the people of the state of Idaho am separated and sometimes isolated by the mountainous terrain and severe climatic conditions and depend upon the passenger rail system as a vital link for communica tion and transportation within the borders of the state and among the neighboring states; and WHEREAS, loss of passenger rail service within Idaho, and between Idaho and her neighbors would have a harsh impact upon the Idaho employee and upon the economic health of Idaho in general; and WHEREAS, the state of Idaho, which includes various sites of growing tourist and recreational attraction, de pends upon a convenient transportation system for the iontinued expansion of these recreational resources; and WHEREAS, the final plan for the basic national rail passenger system, which has been presented, fails to provide a single point of service to the state of Idaho and her citizens, and therefore does not recognize the ueeds of people located within the area stretchmg from the Wyoming border on the east to the Oregon and Washington borders on the west, and from Utah and evada on the south to Montana and Canada on the north. NOW, THEREFORE, BE IT RESOLVED by the First Regular Session of the Forty-first Idaho Legislature, the Senate and the House of Representatives concurring, that we most respectfully urge the Congress of the United States to take the action necessary to insure that the people of the state of Idaho may participate in and benefit from the basic national rail passenger system and shall not suffer disadvantage therefrom by including the southern Idaho east-west and north-south routes under the system. BE IT FURTHER RESOLVED that the Secretary of Ihe Senate be, and he is hereby authorized and directed bo forward copies of this Memorial to the President of bhe United States, the Secretary of Transportation, the President of the Senate and the Speaker of the House )f Representatives of the Congress of the United States, and the Senators and Representatives representing this state in the Congress of the United States. S.J.M. 106 was referred to the Judiciary and Rules Committee for printing. Reports of Standing Committees Dear Mr. President: It is the opinion of the Rules subcommittee that Rule 1GB is self-explanatory and that the Rule should be snforced at all times. This Rule prohibits the introduction of any person who [s not: 1. ‘A former Legislator. 2. A member of the United States Congress. 3. A member of a Senator’s immediate family. Family members, however, may only be introduced rom the Gallery. It is the opinion of your Committee ;hat introductions should be held to an absolute minimum and are only allowed during the Fifteenth Order of Business. It is also our opinion that under very special occasions with the prior approval of the Floor Leadership and the President of the Senate, introductions may be made, dther by suspending the Rule, going into a recess, or eing placed at ease by the Senate. KIDWELL MANNING The President ordered the report filed in the office )f the Secretary of the Senate. The JUDICIARY AND RULES Committee reports hat Enrolled S. 1027 was delivered to the Governor on ‘ebruary 10, 1971 at the hour of 4:10 o’clock p.m. KLEIN, Chairman,
February 11]
The President ordered the report filed in the office of the Secretary of the Senate. February 11, 1971. The JUDICIARY AND RULES Committee reports that S. 1113, S. 1114, S. 1115, S. 1116, S. 1117, 5. 1118, 5. 1119 and Senate amendments to S. 1070 have been correctly printed. KLEIN, Chairman. S. 1113 was referred to the State Affairs Committee. S. 1114, S. 1115, S. 1116 and S. 1117 were referred to the Judiciary and Rules Committee. S. 1118 and S. 1119 were referred to the Resources and Environment Committee. February 11, 1971. The JUDICIARY AND RULES Committee reports out H. 48 with the recommendation that it be placed on the Fourteenth Order of Business for amendment. KLEIN, Chairman. H. 48 was referred to the General Calendar, for amend ment. February 11, 1971. The JUDICIARY AND RULES Committee reports that 5. 1070, as amended, has been correctly engrossed. KLEIN, Chairman. S. 1070, as amended, was filed for first reading. February 10, 1971. The LABOR AND ECONOMIC DEVELOPMENT Com mittee reports out S. 1098 with the recommendation that it do pass. ELLSWORTH (30), Chairman. February 11, 1971. The STATE AFFAIRS Committee reports out S. 1085, S. 1099 and H. 100 with the recommendation that they do pass. SUMMERS, Chairman. S. 1098, 5. 1085, S. 1099 and H. 100 were filed for sec ond reading. Messages from the Governor February 10, 1971. Honorable Jack Murphy President of the Senate Senate Chamber Building Dear Mr. President: I have the honor to inform you that I have appointed Mr. Bill Webster of Coeur d’Alene, Idaho, as Superintend ent of the Idaho State Liquor Dispensary. This appointment was made subject to confirmation by the Senate and notice of appointment is hereby appro priately given. Sincerely, Is? CECIL D. ANDRUS Governor February 2, 1971. Honorable Jack Murphy President of the Senate Senate Chamber Building Dear Mr. President: I have the honor to inform you that I have appointed Mrs. Vena Waggoner of Filer, Idaho, to the State Historic al Society.
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This appointment was made subject to confirmation by he Senate and notice of appointment is hereby appro riately given. Sincerely, Is? CECIL D. ANDRUS Governor The Gubernatorial appointments were referred to the State Affairs Committee. On request by Senator Kidwell, granted by unanimous onsent, the following messages from the Governor are ierein spread upon the pages of the Senate Journal. STATE OF IDAHO Office of the Governor BOISE February 10, 1971 The Honorable Jack M. Murphy President of the Senate Building Dear Mr. President: I enclose herewith a Certificate of Appointment appoint ing Mrs. Margaret Manley of 1109 11th, Coeur d’Alene, 33814, Legislative District No. 2, as Acting State Senntor from Legislative District No. 2, effective February 11, 1971, for the duration of the First Regular Session of the Forty-first Legislature, or until the incumbent of that Senate seat shall be able to resume performance of his duties, whichever is sooner. Mrs. Manley has been appoint ed pursuant to the provisions of Section 59-917. Idaho Code, and in accordance with the nomination of the Honor able Art Manley, State Senator from Legislative District No. 2, a copy of which is attached hereto. It might be well for Mrs. Manley’s Certificate of Appointment to be incorporated in the Journal of the Senate and for a motion to be made providing for the seating of Mrs. Manley as the Acting State Senator for Legislative District No. 2. The Senate is the judge of the qualifications of its own membership and such action should clear up any question of the validity of her representation. With kind personal regards, I am, Sincerely yours, Is/CECIL D. ANDRUS Governor STATE OF IDAHO Office of the Governor BOISE February 11, 1971 To all to Whom these Presents shall Come, Greetings: KNOW YE, That reposing special confidence in the integrity, diligence and discretion of Mrs. Margaret Man ley, I have appointed and do hereby commission HER AS ACTING STATE SENATOR—LEGISLATIVE DIS TRICT NO. 2 in and for the State of Idaho, and do au thorize and empower HER to execute and fulfill the duties of said office according to law, and to have and to hold the same with all the rights and emoluments thereunto legally appertaining unto HER the said MRS. MARGARET MANLEY for the term commencing the ELEVENTH day of FEBRUARY 1971 and TO SERVE UNTIL THE IN CUMBENT IS ABLE TO RESUME HIS DUTIES, unless this commission be sooner revoked for cause. In Testimony Whereof, I have hereunto set my hand and cause to be affixed the Great Seal of the State of Idaho. Done at Boise, the Capital of Idaho this ELEVENTH day of FEBRUARY in the year of our Lord one thousand nine hundred and SEVENTY-ONE and of the Independence of the United States of America the one hundred and NINETY-FIFTH. By the Governor, Is! CECIL D. ANDRUS Governor
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The President ordered the original of the certificate and the Governor’s message filed in the office of the Sec retary of the Senate. The message from the Governor was referred to the Tenth Order of Business, Motions and Resolutions. Messages from the House February 10, 1971. Mr. President: I transmit herewith H. 92, H. 114, II. 115 and H. 116 which have passed the House. FITZWATER, Chief Clerk. H. 92, H. 114, H. 115 and II. 116 were filed for first read ing. Motions and Resolutions On motion by Senator Evans, seconded by President Pro-Tempore Ellsworth, the Senate confirmed the Guber natorial appointment of Mrs. Margaret Manley as Acting State Senator, Legislative District No. 2. The President directed President Pro-Tempore Ells worth and Senator Evans to escort Senator Manley to the Rostrum to receive the oath of office. The oath o office was administered to Senator Manley and she was then escorted back to her seat. The President called President Pro-Tempore Ellsworth to the Chair. The President Pro-Tempore announced S.C.R. 108 was now before the Senate for consideration. Moved by Senator Williams, seconded by Senato! Crutcher, that S.C.R. 108 be adopted. Senator Evans requested unanimous consent that S.C.R, 108 be held at the desk for one legislative day. Senator Williams objected. A substitute motion was made by Senator Evans, sec onded by Senator Mix, that S.C.R. 108 be recommitted to the Resources and Environment Committee. On request by Senator Evans, Senator Mix concurring therein, the motion was withdrawn. On request by Senator Williams, granted by unanimous consent, S.C.R. 108 retained its place on the calendar for one legislative day. The President Pro-Tempore announced that S.J.M. 103 as amended, was now before the Senate for consideration, Moved by Senator Crookham, seconded by Senator Manley, that S.J.M. 103, as amended, be adopted. The President returned to the Chair. On motion by President Pro-Tempore Ellsworth, sec onded by Senator Mix, the Senate recessed until 1:3C o’clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuani to recess, President Murphy presiding. Roll call showed all members present except Senator Egbert, excused. Prior to recess the Senate was at the Tenth Order of Business. Motions and Resolutions The President announced S.J.M. 103, as amended, was now before the Senate for consideration. The President called Senator Kidwell to the Chair. The question being, “Shall S.JM. 103, as amended, bE adopted?” Roll call vote was requested by Senators Peavey, BudgE and Brassey.
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Call of the Senate was requested by Senators Peavey, Bivens and Brassey. Whereupon the Acting President ordered the door keepers to lock the doors permitting no Senator or the President to leave or enter the Senate Chamber. The Sergeant-at-Arms was instructed to find and present any absent members to the Senate. Roll call showed Senator Egbert absent. The Sergeant-at-Arms reported that all members were now present in the Senate Chamber, except Senator Egbert, excused. On request by Senator Peavey, granted by unanimous consent, the Call of the Senate was lifted. The question being, “Shall S.J.M. 103, as amended, be adopted?” Roll call resulted as follows: AYE S—Bilyeu, Cobbs, Crookham, Crutcher, Evans, Kidwell, Klein, Manley, Mitchell, Mix, Murphy, Solberg. Total —12. NAYS—Allen, Barker, Bivens, Brassey, Brown, Budge, Chase, Ellsworth (20), Ellsworth (30), Fredericksen, High, Manning, Miller, Peavey, Rigby, Saxvik, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—22. Absent and excused—Egbert. Total—i. Total—35. In accordance with Senate Rule 39E, and Mason’s Man ual Number 528, Senator Manning explained his vote and, granted by unanimous consent, his explanation is spread upon the pages of the Journal: “The land under consideration is Idaho land. We, as elected Representatives of Idaho citizens, are charged with the responsibility of management and protection of the public interest. I am unwilling to abdicate my respon sibility to the Federal government. We have the authority and duty to control mining, prospecting, logging, summerhome development, and pollu ion of our environment. Until this Legislature shows itself unwilling to exercise its authority and duty, I will riot ask the Federal government to solve our problems. Therefore I vote NO.” Whereupon the Acting President declared the Resolution lost and ordered it filed in the office of the Secretary of the Senate. President Pro-Tempore Ellsworth announced a distin guished visitor had arrived and the Acting President lirected President Pro-Tempore Ellsworth, Senator Bivens and Senator Evans to escort the Honorable Robert L. Kunzig, Administrator of the General Services Adminis tration of the United States, to the Rostrum. Mr. Kunzig delivered a few remarks to the members and guests of the Senate. The Acting President thanked Mr. Kunzig for his re narks and President Pro-Tempore fllsworth, Senator Bivens and Senator Evans escorted him from the Cham ber. The Acting President announced H.C.R. 5 was before bhe Senate for consideration. On motion by Senator Murphy, seconded by Senator Bivens, H.C.R. 5 was adopted. Title was approved and the resolution ordered returned bo the House. Introduction, First Reading and Reference of Bills S. 1121 By JUDICIARY AND RULES COMMITTEE AN ACT Providing rules and regulations by which an inmate
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of the Idaho Rehabilitation Center may be allowed to go on home furlough, providing for the custody, mainte nance and expenses of an inmate on home furlough, designating reasons allowing home furlough, defining immediate family, and providing a penalty for escapes, or attempts to escape while on home furlough. S. 1122 By JUDICIARY AND RULES COMMITTEE AN ACT Adopting a uniform agreement on detainers, to secure speedy trials and to encourage the expeditious and orderly disposition of outstanding and untried indictments, informations, or complaints against a prisoner; defining state; defining sending state; defining receiving state; providing that if during the continuance of a term of imprisonment there is pending in any other party state, any untried indictment, information, or complaint on the basis of which a detainer has been lodged against a prisoner, he shall be brought to trial within one hundred eighty days of delivering to the prosecuting attorney a written request for final disposition; providing that the person having custody of the prisoner shall inform him of outstanding detainers, their source and contents and of his right to request final disposition; providing that a request for final disposition of all untried detainers, of all untried indictments, informations or com plaints shall operate as, a request for final disposition of all untried indictments, informations or complaints from the state to whose prosecuting official the request is specifically directed; providing further that a request for final disposition shall be deemed to be a waiver of extradition respecting any charge or proceeding contemplated thereby; providing for the means by which a state may receive temporary custody in which an un tried indictment, information or complaint is pending; providing that the authorities having the person in custody shall furnish the receiving state with a certificate stating the term of commitment, the time already served, the time remaining, the amount of good time earned, and the term of parole eligibility; provided that if the prisoner is not tried on any untried indictment, information or complaint prior to returning to the original place of im prisonment, the same shall not be of any further force or effect; providing for the relinquishment of custody to the receiving state; providing that the custody of the receiving state shall only be temporary; providing that at the earliest practical time consonant with the pur poses of this agreement, the prisoner shall be returned to the sending state; providing for the responsibility of the prisoner and the costs of transporting, caring for, and keeping and returning the prisoner; providing for the liberal construction of this agreement to effectuate its purposes; defining appropriate court; repealing Sec tion 19-5001 of the Idaho Code through Section 19-5008 of the Idaho Code inclusive; providing for the uniform mandatory disposition of detainers; and declaring an emergency. S. 1123 By HEALTH, EDUCATION AND WELFARE COMMITTEE AN ACT Amending Section 33-102, Idaho Code, relating to the membership of the State Board of Education, by adding the State Director of Vocational Education, Executive Director of the Idaho School Trustees Association and the Executive Director of the Idaho Education Associa tion as ex-officio members to the board. 5. 1124 By LOCAL GOVERNMENT AND TAXATION COMMITTEE AN ACT Amending Section 50-1030, Idaho Code, relating to powers of cities in financing, operation, maintenance and construction of water systems, sewerage systems and
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other such works as defined in Section 50-1029, Idaho Code, by adding a provision authorizing cities to lease excess or surplus capacity of such works to any party within or without the city; and declaring an emergency. S. 1125 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 23-927, Idaho Code, relating to hours of sale of liquor by authorizing a licensee having separate banquet area or meeting room facilities to therein dispense liquor on Sunday during restricted hours to bona fide participants of organized banquets, receptions or conven tions for consumption only within the confines of such facilities. S. 1126 By STATE AFFAIRS COMMITTEE AN ACT Establishing an incentive savings award suggestion system for the state of Idaho; creating an Incentive Savings Award Suggestion System Board; authorizing the adoption of rules and regulations to implement an in centive savings award suggestion system; authorizing awards for concepts, suggestions or ideas that will con serve manhours, supplies, equipment, operating costs, or that contribute directly to carrying out the mission of agencies of state government; exempting the provisions of this act from the provisions of Chapter 52, Title 67, Idaho Code; and providing an effective date. S. 1127 By HEALTH, EDUCATION AND WELFARE COMMITTEE ANACT Amending Section 33-702, Idaho Code, relating to the drawing of school warrants by providing that they shall bear interest according to the provisions of Sections 31-2124 and 31-2125, Idaho Code. S. 1128 By COMMERCE AND BANKING COMMITTEE AN ACT Amending Section 41-932, Idaho Code, by eliminating the requirement that an applicant for nonresident broker’s license may have no direct or indirect pecuniary interest in any agent, insurance agency or solicitor licensed as a resident of Idaho; and declaring an emergency. S. 1121, S. 1122, S. 1123, S. 1124, S. 1125, S. 1126, S. 1127 and S. 1128 were introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. S. 1070, as amended, was read the first time at length and filed for second reading. H. 92, H. 114, H. 115 and H. 116, by Health and Welfare Committee, were introduced, read the first time at length and referred to the Health, Education and Welfare Com mittee. Second Reading of Bills S. 1092, by Judiciary and Rules Committee, was read the second time at length and filed for third reading. S. 1095 and S. 1094, by Health, Education and Welfare Committee, were read the second time at length and filed for third reading. S. 1089 and 5. 1071, by Resources and Environment Committee, were read the second time at length and filed for third reading. 5. 1086, by Local Government and Taxation Committee, was read the second time at length and filed for third reading. H. 99 and H. 101, by State Affairs Committee, were read the second time at length and filed for third reading.
H. 23, by Local Government Committee, was read tht second time at length and filed for third reading. S. 1087, by Local Government and Taxation Committee, was read the second time at length and filed for thirc reading. S. 1007, as amended, by State Affairs Committee, wat read the second time at length and filed for third reading. Third Reading of Bills Call of the Senate was requested by Senators Mix, Man ning and Crutcher. Whereupon the Acting President ordered the door. keepers to lock the doors, permitting no Senators or thE President to leave or enter the Senate Chambers excepi the Sergeant-at-Arms with the absent members. All members of the Senate were present except Senatoi Egbert, excused. On request by Senator Mix, the Call of the Senate wat lifted. S. 1022 was read the third time at length, section b section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Bilyeu, Brassey, Brown, Chase, Cobbs, Crook ham, Crutcher, Evans, Kidwell, Klein, Manning, Miller Mitchell, Mix, Murphy, Rigby, Saxvik, Steen, Stoicheff Summers. Total—20. Allen, Barker, Bivens, Budge Ellsworth (20) NAYS Ellsworth (30), Fredericksen, High, Manley, Peavey, Sol berg, Swenson, Williams, Yarbrough. Total—14. Egbert. Total—i. Absent and excused Total—35. Whereupon the Acting President declared the bill passed Title was approved and the bill ordered transmited tc the House. S. 1079 was read the third time at length, section b3 section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Bilyeu, Bivens, Brassey, Brown, Budge AYES Chase, Cobbs, Crutcher, Ellsworth (20), Ellsworth (30) Evans, Fredericksen, Kidwell, Manley, Manning, Miller Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Steen Stoicheff, Summers, Swenson, Williams, Yarbrough. Tota —29. NAYS Barker, Crookham, High, Klein. Total—4. Egbert, Solberg. Total—2. Absent and excused Total—35. Whereupon the Acting President declared the bill passed Title was approved and the bill ordered transmitted tt the House. Senator Bivens announced a distinguished visitor hat arrived and the Acting President directed Senators Biven and Mix to escort Congressman Sam Steigers from An zona to the Senate Chamber, who then spoke a few word to the members of the Senate. The Acting President thanked and welcomed the Con gressman to the Senate and Senators Bivens and Mh escorted him from the Chamber. The President returned to the Chair. S. 1054 was read the third time at length, section b section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Browr —
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SENATE JOURNAL Budge, Chase, Cobbs, Crookham, Crutcher, Ellsworth (30), Evans, Fredericksen, High, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams. Total—31. Yarbrough. Total—i. NAYS Absent and excused Egbert, Ellsworth (20), Kidwell. Total—3. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. II. 86 was read the third time at length, section by section and placed before the Senate for final considera bion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Cobbs, Crookham, Crutcher, Ellsworth (30), Evans, High, Klein, Manley, Manning, Miller, Mitchell, Muc, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Bummers, Swenson, Williams, Yarbrough. Total—30. NAYS—None. Absent and excused—Chase, Egbert, Ellsworth (20), Fredericksen, Kidwell. Total—5. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. —
February 12] THIRTY-THIRD LEGISLATIVE DAY FRIDAY, FEBRUARY 12, 1971 Senate Chamber, Boise, Idaho, February 12, 1971.
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There being no objection, the Senate returned to the Third Order of Business. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that Lhe Senate Journal of the proceedings of Wednesday, ‘ebruary 10, 1971 was read and approved as corrected. KLEIN, Chairman. Report adopted. Reports of Standing Committees February ii, 1971. The JUDICIARY AND RULES Committee reports out B. 1034 with the recommendation that it be printed. KLEIN, Chairman. S. 1034 was referred to the Judiciary and Rules Com nittee for printing. On request by Senator Bivens, granted by unanimous :onsent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business Senator Murphy arose on a point of personal privilege ;o introduce former Senator Woodrow Bean from Valley county, who spoke a few words to the members of the Benate. The President welcomed the former Senator to the Benate Chamber. On motion by Senator Bivens, seconded by Senator rutcher, the Senate adjourned until 10:00 o’clock n.m., E’riday, February 12, 1971. JACK MURPHY, President. ttest: ARTHUR WILSON, Secretary.
President Murphy called the Senate to order at 10:00 o’clock n.m. Roll call showed all members present. The following prayer was offered by Chaplain Newell Morgan: We thank Thee, Almighty God, for men and women, who in the past, by blood and sweat, by toil and tears, forged on the anvil of their sacrifices all we hold dear today. Grant that we may never look lightly on what they obtained at such a great price. May those who died for liberty and freedom not have died in vain. On this day we thank Thee for the inspiration that breathes in the memory of Abraham Lincoln and we pray that some of the spirit that was his may be ours. Like him, may we become more concerned, involved and com mitted than we are in those things that are good for others. We ask that in our hearts may there be, as there was in his, “malice toward none and charity for all.” Bless this day with Thy Eternal Presence all who, within this State, are involved in our State’s government. Bless especially those within this Chamber. In Our Lord’s Name, Amen. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Thursday, Febru ary ii, 1971 was read and approved as corrected. KLEIN, Chairman. Report adopted. On request by President Pro-Tempore Ellsworth, grant ed by unanimous consent, the Senate recessed subject to the Call of the Chair for the purpose of a Joint Session in accordance with H.C.R. 5 to commemorate the birth of Abraham Lincoln. RECESS Joint Session The hour of 11:00 o’clock n.m. having arrived, the mem bers of the Senate entered the House Chamber and met in Joint Session with Speaker Lanting presiding. The Joint Session was called to order. Roll call was dispensed with. The Speaker introduced three distinguished guests to the Joint Session: The Honorable Len Jordan, United States Senator from Idaho, The Honorable James Mc Clure and The Honorable Orval Hansen, United States Congressmen, First and Second Districts of Idaho. At this time the Speaker introduced Mr. Hyde, Chair man of the Lincoln Day Program. The invocation was given by Senator Swenson. Senator Peavey introduced the Boise High School A Cappella Choir, under the direction of Howard R. Low, with Gail Spjute, accompanist, who rendered several choral selec tions. Senator Peavey introduced Mr. Clinton Johnson, bari tone and son of Representative Kurt Johnson who sang “My Own America” and “It’s A Grand Old Flag,” accom panied by Mrs. Samuel (Ann) Thompson. Mr. Hyde invited The Honorable Orval Hansen to come forward to deliver the following address:
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[February 12 THE LEGACY OF LINCOLN STILL LIGHTS THE WAY
Address by U.S. Representative Orval Hansen to a joint session of the Idaho Legislature February 12, 1971 “To everything there is a season,” we read in Eccie siastes, “and a time for every purpose under Heaven to laugh and to mourn.” to weep a time to plant This is the time that we set aside each year to honor Abraham Lincoln, to reflect on his life and its meamng for our own time. Our 16th President was born in a log cabin in Hardin County, Kentucky, 162 years ago today. More than a cen tury ago, at the age of 56, his life came to a sudden and tragic end. Yet, his spirit lives on and continues to serve as a beacon to guide and inspire all mankind. Abraham Lin coln is truly a universal figure. Lloyd George, Prime Minister of England, described Lincoln as “one of those giant figures, of whom there are very few in history, they belong to who lose their nationality in death mankind.” We celebrate Lincoln’s birthday not only to pay tribute to one of the most remarkable figures in human history, but also to learn the lessons that his life and example can teach us. We in Idaho are proud to trace the ancestry of our State to President Lincoln, who signed the act of Con gress creating the original Idaho Territory and appointed the first Territorial Governor. Probably the most famous of the sculptors of Lincoln was a native of Idaho. Gutzon Borglum, born in St. Charles near the shores of Bear Lake in 1867, was the sculptor of the marble head of Lincoln that stands in the Rotunda of the United States Capitol Building. Borglum, also created the monument to Presidents Lin coln, Washington, Jefferson and Roosevelt at Mount Rush more in South Dakota. Because Lincoln’s life is so deeply imbedded in our national tradition, all Americans identify with him. Per haps those of us who are lawmakers feel a special kin ship because his public career included service as a State Legislator and as a Member of the United States House of Representatives. I see daily reminders of Abraham Lincoln in our Na tion’s Capital. Washington is the scene of so many of his triumphs, his heartaches, his victories, his defeats and his tragic death. For me the most inspiring place in our capital city is the Lincoln Memorial. I return often to this magnificient marble monument, frequently bringing visitors from Idaho, usually at night, when it is particularly impressive. One cannot stand before that lifelike figure and gaze upon a face that radiates such tenderness, sadness and compassion without being deeply moved. We ask ourselves why we continually turn to Lincoln, when from all outward appearances the world of his time has changed dramatically over the past century. With dizzying speed, we have rushed headlong into the jet age and the space age. Yet, despite these changes we still face many of the problems and challenges that confronted Lincoln. The America of today is strikingly similar to the America of Lincoln’s time. In the stormy days in the last century preceding and during the Civil War, our Nation was deeply divided and torn with dissent. There were draft riots, there was civil disorder and violence. Political pas sions had grown hotter than at any time since the beginning of the Republic. The relevance and validity of the principles and institutions on which the Nation was founded were being seriously questioned. .
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Standing on a great battlefield of the Civil War, Lin coln noted that we were testing whether a nation conceived in liberty and dedicated to the proposition that all mer are created equal could long endure. Under Lincoln’s inspired leadership, the Union did survive. But, in these closing decades of the 20th cen tury, we are still testing whether a nation so conceivec and so dedicated can yet endure. We might observe now, as Lincoln did, that “the dogmas of the quiet past are inadequate to the stormy present.’ Abraham Lincoln is relevant to our times. Therefore, WE turn again and again to his life, his thoughts and hi service. They are an ever-flowing fountain from wiuci we can draw enlightenment and strength. There were many characteristics of Lincoln’s remark. able personality that contributed to his exceptional lead. ership and made him one of the most beloved of al Americans. His works reveal the dignity of a great minc and heart that seeks for rightness in principle, fairnes in act, and beauty in utterance. Among the great guiding principles that were exemplified in his life and service I would list three that have particular relevance to th leadership needs of our times. The first is the high and tender humanity that char acterized Lincoln’s service and his dealings with all men Throughout his life, but particulariy as his burdem grew heavier, he demonstrated an infinite capacity foi kindness, compassion and humility. During his lifetime, Lincoln experienced bitter dis appointment and defeat. Few of our national leaders havE been the target of the extreme abuse that was dfrectec toward him. He was the butt of jokes, ridiculed in car toons, frequently attacked and vilified by the press anc his political enemies. Yet, in the face of this frightfu ordeal, he never responded in kind and went on calmly tf fulfill his destiny. Because of Lincoln’s strong convictions on the slaveri issue and his deep belief in human dignity and freedom he emerged as a national leader. His passion for libertl and equality was reflected in his Emancipation Proclama tion, which forever abolished slavery and still stanch as a major milestone in mankind’s struggle to be freE and to achieve equal opportunity. Lincoln realized that the struggle for human freedon is eternal. He had no illusions of its ending in his life time or in ours. His historic act of freeing the slaves however, was an essential step in this struggle. Evei in our day, however, more than a century later, freedon is still the great unfinished business of the world. Th fight for civil rights is a continuing tribute to the lifi of Lincoln that has taught us that freedom and humai dignity must inevitably crush bigotry and discriminatioi whenever it raises its ugly head. Among the most eloquent expressions of Lincolh’ humanity is the Second Inaugural Address. It came a the end of a long and bloody civil war was in sight. Th Confederacy had been crushed. Many of the Southeri cities and farms were in ruins. Demands for revenge and retribution were being hear across the land. Sentiment was strong for a post-wa policy that would punish the South. In an emotionall; charged atmosphere and in the face of popular will, Liii coin stood firm for a policy of reconciliation. In projectin the future of our country as a united nation, he reveale the depth of his mercy and compassion for the van quished foe when he took the oath of office for the secon time. The day broke cold and wet. Rain had been fallin much of the night and throughout the morning. Penney] vania Avenue was a sea of mud. The crowd had bee: gathering for hours to witness the inaugural ceremonie Then, perhaps symbolically, as the President steppe forward to take the Oath of Office, the clouds broke an the sun shone on the platform where Lincoln stood.
SENATE JOURNAL The President spoke of the problems of war and peace md of the freeing of the slaves. Then in a final few Dhrases, Lincoln spoke not alone to the weary people of a ;roubled nation wracked by war, facing the task of re initing and rebuilding their country, but to all generations or all time even our own. With malice toward none; with charity for all; with firmness in the right, as God gives us to see the right, let us strive on to finish the work we are in; to bind us the nation’s wounds; to care for him who shall have borne the battle, and for his widow, and his orphan to do all which may achieve and cherish a just and lasting peace, among ourselves, and with all nations. Lincoln’s plea for charity and understanding and his ;ummons to his fellow countrymen to strive toward the goal of a just and lasting peace still stand as a ringing thallenge to all mankind. A second great principle in Lincoln’s life was a firm elief that a Divine Providence guides the affairs of man. klthough he never belonged to any church, Lincoln held leep religious convictions. He continually sought Divine guidance and acknowledged his dependence on God. The depth of Lincoln’s spiritual feelings is undoubtedly me of the keys to his eternal place in history. His reli nice on a higher power was revealed in the eloquent and ;ouching farewell speech to the people of Springfield, ilinois, as Lincoln left to assume the awesome burdens )f the Presidency. “I now leave,” Lincoln said, not knowing when or whether ever, I may return, with a task before me greater than that which rested upon Washington; without the assistance of that Divine Being who attended him, I cannot succeed. With that assistance, I cannot fail. A few days before that Battle of Gettysburg in 1863, iccording to the report of a guest in the White House at ;he time, although the hour was far past midnight, low ;ones were heard coming from a private room near Presi lent Lincoln’s sleeping quarters. Through a partly open bar, the guest saw Lincoln kneeling in prayer, and heard ;hese words: 0 Thou God that heard Solomon in the night when he prayed for wisdom, hear me. I cannot lead our people without Thy support: I cannot guide the affairs of this nation without Thy help 0, God, who didst hear Solomon when he prayed for guidance, hear me and save this nation. Lincoln memorized long passages from the Bible. Prob Lbly no other President who occupied the White House ead the Bible as much as Lincoln. The rich words and oetry of the Bible are found in his two greatest speeches, he Gettysburg Address and the Second Inaugural Address. n the Washington Cathedral, the beautiful bronze statue if Houck’s kneeling Lincoln recalls Lincoln’s remark, that ‘that man is tallest who is on his knees.” Replying to a clergyman who, during the Civil War, aid in Lincoln’s presence that he hoped “that the Lord vas on our side,” Lincoln said, “I am not at all concerned cbout that, for I know that the Lord is always on the side f right. But it is my constant anxiety and prayer that and the nation should be on the Lord’s side.” Lincoln reminded his fellow countrymen of their failure ;o acknowledge the source of the choice bounties that had nine to the American nation. “We have grown in number, vealth and power,” Lincoln said, but we have forgotten God. We have forgotten the gracious hand which preserved us in peace and multi plied and enriched and strengthened us and we have vainly imagined that all of these blessings were produced by some superior wisdom and virtue of our own. Intoxicated with unbroken success, we have become too self-sufficient to feel a necessity of re deeming and preserving grace, too proud to pray to .
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the God who made us. It behooves us, then, to humble ourselves before the offended power, to con fess our national sins, and to pray for clemency and forgiveness. Lincoln’s admonition applies with equal or greater force to our own generation. We need to continually re mind ourselves that we can gain inspiration and guidance from the source of Lincoln’s wisdom and power. A third principle that was a powerful force in Lincoln’s life was his exaltation of the idea of the American Union and his determination to preserve it. His dedication to this cause was total. He understood as few of his contempora ries did that the people of all lands had a large stake in the outcome of his fight to save the union that he was convinced represented “the last best hope on earth,” In the immortal Gettysburg Address, Lincoln called for a rededication by all Americans to the principles on which our nation was founded. To assure the survival on this earth of “government of the people, by the people and for the people.” There is no less need today for all who love America to join in common cause to bring about in our own time a new birth of freedom, so that we may pass on to those who will follow our heritage of free institutions, even better and stronger than they were as they came into our hands. Abraham Lincoln understood, as few others have, the true source of our strength as a nation. ‘What constitutes the bulwark of our own liberty and independence?” he once asked. Then he answered his own question: It is not our frowning battlements, our bristling seacoasts it is in the love of liberty which God has implanted in us. Our defense is the preservation of this spirit which prizes liberty as the heritage of all men, in all lands everywhere. America’s strength today does not lie in our military or industrial might. Our strength is still in the spirit that prizes our heritage of freedom. Our cities with magnifi cent buildings that seem so strong and durable are blown into these shapes by the spirit within. When that spirit is withdrawn, our civilization will expire. As long as our people keep their faith, that faith will keep the nation. Lincoln believed firmly that the maintenance of our system of equal justice under law is essential to the preservation of individual rights and human freedom. He voiced concern over the increasing disregard for law and a growing disposition to substitute the wild and furious passions in lieu of the sober judgments of courts. He warned against mob rule and the weakening affect of disobedience to law. If there are bad laws, Lincoln said, they should be repealed, but while they continue in force they should be religiously observed. “Many free countries have lost their liberty;” Lincoln warned, “and ours may lose hers; but if she shall, be it my proudest plume, not that I was the last to desert her, but that I never deserted her.” Lincoln believed that the sentiments embodied in our Declaration of Independence gave the hope of liberty not alone to the people of this country, but, to the world for all future time. It gave promise that in due time the weight would be lifted from the shoulders of all men. In this last third of the 20th century, the weight of tyranny and oppression and all its evil social and eco nomic consequences, hunger, disease, ignorance, poverty, is still heavy on the shoulders of man. We can turn the legacy of Lincoln into living reality by bringing to the tasks we face the qualities of humanity, faith and love of liberty that were the hallmark of his service to our nation. The words with which he clothed his thoughts and convictions can help us to light the way in the uncertain days that lie ahead. “Men will pass away die;” Lincoln said, “but the .
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principles of our great Republic will live forever.” This will oniy be true, we would add, if we display the same faith and devotion that he did in perpetuating this divine pattern for a free people. Senator Peavey invited the members of the House and Senate, and guests to close the program by singing “Here We Have Idaho.” The Speaker announced the Joint Sesssion was dis solved. The members of the Senate and House Select Com mittees for the Lincoln Day Program were: The Senate Senators John Peavey and Allen; the House Repre sentatives Hyde, Hammond and Kennevick. The members of the Senate returned to the Senate Chamber. The Senate reconvened, pursuant to recess, President Murphy presiding. On request by Senator Bivens, granted by unanimous consent, the Lincoln Day commeration services and the address by The Honorable Orval Hansen were ordered spread upon the pages of the Journal. On motion by President Pro-Tempore Ellsworth, sec onded by Senator Mix, the Senate recessed until 2:00 o’clock p.m. of this day. —
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RECESS Afternoon Session The Senate reconvened at 2:00 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present. Prior to recess the Senate was at the Third Order of Business, Reading and Correction of the Journal. Reports of Standing Committees The Secretary read the following report from the Judiciary and Rules Committee: February 11, 1971 Honorable Jack M. Murphy President of the Senate Dear Mr. President: You have requested an opinion as to whether, under the Constitution and statutes of the State of Idaho, and the rules of the Legislature, the Joint Finance and Appropriations Committee may legally resolve itself into an executive session at any time or for any purpose. A legislative body generally has complete authority concerning its procedure, except only as limited by con stitutional provision [Constitution of the State of Idaho, Article 3, Section 9; 81 C.J.S. 956, States, Section 39; Mason’s Manual of Legislative Procedure, Pages 30-32]. The Idaho Constitution, Article 3, Section 12, provides “The business of each house and the committee of the whole shall be transacted openly and not in secret ses sion.” A strict construction of this provision might limit its application to those situations in which each house is meeting as a body, either in session or as a committee of the whole. The Constitutional Convention Proceedings, Vol. II, pp. 1216-1227, contains no discussion concerning the application of this provision to committee meetings. Nevertheless, it is clear that however construed, this Constitutional provision obviously would not conflict with any statutory provisions or rules of the Legislature which require that business be conducted openly. On the other hand, it is doubtful whether this provision could be con strued so as to require that committee meetings be absolutely unrestricted. There is no Joint Rule which would resolve this question. The rules of both the Senate [Rule 20(E)] and the House of Representatives [Rule 57] provide for executive sessions of committees upon a specified vote.
Senate Rule 47(3) provides “If any laws or consti tutional provisions of the state of Idaho are inconsisteni with these rules, the conflicting rule shall defer to thi law or constitutional provision.” Generally, special statutory provisions or rules takE precedence over more general statutory provisions oi rules. Section 67-3513, Idaho Code, provides, in part, as fol lows: “The standing committees of the house of repre sentatives and of the senate in charge of appropriatioi measures shall sit jointly in open sessions while con sidering the budget, Inasmuch as this provision is a special law whici relates solely to the meetings of the Joint Finance am Appropriations Committee, it probably would take prece dence over the more general Senate Rule 20(E) anc House Rule 57. In addition, to the extent the Senate Rule control joint meetings, Senate Rule 47(B) would insur the application of Section 67-3513, Idaho Code, to Join Finance and Appropriations Committee procedures. Saic section clearly requires open sessions while considerin the budget. The question is then posed as to whether “open”, a used in said section, means open to the public. It is th opinion of the Senate Judiciary and Rules Committei that it means precisely this. The further question is posed as to whether “whih considering the budget”, as used in said section, include times when votes are being taken. It is the opinion 0: the Senate Judiciary and Rules Committee that the com mittee is in fact considering the budget when votes oi various appropriations are taken. For these reasons it is the conclusion of the Senat Judiciary and Rules Committee that the Joint Finano and Appropriations Committee may not legally resolv itself into an executive session at any time, but is re quired to hold all of its meetings, for any committe purpose, openly and not in secret session”, as providei in Section 67-3513, Idaho Code. Respectfully submitted, Judiciary and Rules Committe /5/ EDITH MILLER KLEIN Chairman The President thanked the Judiciary and Rules Corn mittee for the report and requested the Secretary o the Senate to insert the ruling in the Senate rules o precedence. February 12, 1971. The JUDICIARY AND RULES Committee reports tha S. 1034, S. 1074, 5. 1120, S. 1121, S. 1122, S. 1123, S. 112 S. 1125, S. 1126, 5. 1127, S. 1128, S.J.M. 106 and Senat amendments to S. 1036 have been correctly printed. KLEIN, Chairman. ..
S. 1034, S. 1121 and S. 1122 were referred to the Judi ciary and Rules Committee. S. 1074, S. 1125 and S. 1126 were referred to the Stat Affairs Committee. S. 1120 was referred to the Resources and Enviror ment Committee. S. 1123 and S. 1127 were referred to the Health, Edu cation and Welfare Committee. S. 1124 was referred to the Local Government and Taxs tion Committee. S. 1128 was referred to the Commerce and Bankin Committee. S.J.M. 106 was referred to the Tenth Order of Businen Motions and Resolutions, and ordered held at the des for two legislative days.
SENATE JOURNAL February 11, 1971. The JUDICIARY AND RULES Committee reports that 1036, as amended, has been correctly engrossed. KLEIN, Chairman. S. 1036, as amended, was filed for first reading. Messages from the Governor February 11, 1971. Elonorable Jack Murphy President of the Senate senate Chambers 3uilding Dear Mr. President: I have the honor to inform you that I have this day Lpproved and am transmitting to the Secretary of State ;he following Senate Bill, to-wit: SENATE BILL 1027 Sincerely, Is! CECIL D. ANDRUS Governor The President ordered the report filed in the office of he Secretary of -the Senate. Messages from the House February 12, 1971. ‘Ir. President: I transmit herewith H. 64 with committee report tttached and H. 108 which have passed the House. FITZWATER, Chief Clerk. H. 64 and H. 108 were filed for first reading. February 12, 1971. VIT. President: I transmit herewith Enrolled H. 40 which has been igned by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign Enrolled 1. 40 and when so signed, ordered it returned to the louse. Motions and Resolutions The President called Senator Kidwell to the Chair. The Acting President announced that S,C.R. 108 was iow before the Senate for consideration. Moved by Senator Williams, seconded by Senator Bivens, hat S.C.R. 108 be adopted. Senator Mix requested unanimous consent that S.C.R. .08 be held on the Tenth Order of Business, Motions and esolutions, until 2:00 o’clock p.m., Wednesday, February .7, 1971. Senator Bivens objected. A substitute motion was made by Senator Mix, sec nded by Senator Manning, that S.C.R. 108 be held on the enth Order of Business, Motions and Resolutions, until :00 o’clock p.m., Wednesday, February 17, 1971. Roll call vote was requested by Senators Crutcher, Mix nd Evans. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES Bilyeu, Chase, Crutcher, Egbert, Evans, Fred ricksen, Manley, Manning, Miller. Mitchell, Mix, Murphy, igby, Saxvik, Solberg, Stoicheff. Total—16. NAYS Allen, Barker, Bivens, Brassey, Brown, Budge, obbs, Crookham, Ellsworth (20), Ellsworth (30), High, Cidwell, Klein, Peavey, Steen, Summers, Swenson, Wit lams, Yarbrough, Total—19. Total—35. .
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Whereupon the Acting President declared the motion lost. The Acting President announced S.C.R. 108 was now before the Senate for consideration. The question being, “Shall S.C.R. 108 be adopted?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35, Whereupon the Acting President declared the resolution adopted, title was approved and ordered it transmitted to the House. Senator Manning, having voted on the prevailing side by which S.C.R. 108 passed in the Senate, served notice that he may on the next legislative day move for recon sideration of the vote. The Acting President ordered S.C.R. 108 held at the desk. Introduction, First Reading and Reference of Bills —
S. 1129 By TRANSPORTATION COMMITTEE AN ACT Amending Section 49-2501, Idaho Code, to strike therefrom the reference to the Commissioner of Law En forcement requiring inspection of vehicles; amending Sec tion 49-2501A, Idaho Code, to strike therefrom the refer ence to the Commissioner of Law Enforcement requiring the reinspection of new or used vehicles prior to retail sale. S. 1130 By TRANSPORTATION COMMITTEE AN ACT Amending Section 49-836, Idaho Code, by striking the exception for motorcycles, motorbikes and other twowheeled vehicles from the mirror requirement on motor vehicles. S. 1131 By LOCAL GOVERNMENT AND TAXATION COMMITTEE AN ACT Repealing Sections 63-105J and 63-106, Idaho Code, relating to certain electrical power and natural gas prop erty exempt from property taxation and certain credits granted therefrom to certain customers; and declaring an emergency. S. 1132 By LOCAL GOVERNMENT AND TAXATION COMMITTEE AN ACT Amending Section 63-biB, Idaho Code, relating to definition of assessed valuation, by changing the definition of assessed value from “twenty per cent” of market value to “fifteen per cent” of market value; amending Section 63-2217, Idaho Code, relating to reassessment of property, by providing that all property shall be assessed at fifteen per cent of full cash value by 1982 rather than at twenty per cent of full cash value; repealing Section 63-2220, Idaho Code; amending Section 63-3638 Idaho Code, as amended by Chapter 14, Laws of 1971, relating to the Sales Tax Fund and appropriations from the Sales Tax Fund, by changing from twenty per cent to fifteen per cent the amount of moneys to be paid to counties during the year commencing on July 1, 1971,
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from the Sales Tax Fund, and striking the requirement that twenty per cent of the moneys in the Sales Tax Fund be paid to the counties after July 1, 1971; by_pro viding that ten per cent of the moneys in the Sales Tax Fund shall be paid to the counties during the year commencing on July 1, 1972, and by providing that five per cent of the moneys in the Sales Tax Fund shall be paid to the Public School Income Fund during the year commencing on July 1, 1972; by providing that five per cent of the moneys in the Sales Tax Fund shall be paid to the counties during the year commencing on July 1, 1973, by providing that ten per cent of the moneys in the Sales Tax Fund shall be paid to the Public School Income Fund during the year commencing on July 1, 1973, and by providing that no moneys accruing to the Sales Tax Fund after July 1, 1974, shall be paid according to the provisions of Subsection (f) of Section 63-3638, Idaho Code; and declaring an emergency. 5. 1133 By LOCAL GOVERNMENT AND TAXATION COMMITTEE AN ACT Repealing Section 63-2705, Idaho Code, relating to the electricity used for pumping water for irrigation and drainage purposes, repealing the exemption of such electricity from the license tax; and declaring an emer gency. S. 1129, 5. 1130, S. 1131, S. 1132 and S. 1133 were introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. S. 1036, as amended, by Judiciary and Rules Committee, was read the first time at length and filed for second reading. II. 64, by Ways and Means Committee, was introduced, read the first time at length and referred to the State Affairs Committee. II. 108, by Agricultural Affairs Committee, was intro duced, read the first time at length and referred to the Agricultural Affairs Committee. Second Reading of Bills S. 1098, by Labor and Economic Development Commit tee, was read the second time at length and filed for third reading. 5. 1085 and S. 1099, by State Affairs Committee, were read the second time at length and filed for third reading. II. 100, by State Affairs Committee, was read the sec ond time at length and filed for third reading. S. 1070, as amended, by State Affairs Committee, was read the second time at length and filed for third reading. Third Reading of Bills On request by Senator Bivens, granted by unanimous consent, 5. 1092 was placed at the foot of the Third Reading Calendar. 5. 1095 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (30), Evans, Fredericksen, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Wil liams, Yarbrough. Total—33. NAYS—None. Absent and excused—Ellsworth (20), High. Total—2. Total—35. Whereupon the Acting President declared the bill passed.
Title was approved and the bill ordered transmitte to the House. S. 1094 was read the third time at length, section bI section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ella worth (30), Evans, Fredericksen, Kidwell, Klein, Manley Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Wil hams, Yarbrough. Total—33, NAYS—None. Absent and excused—Ellsworth (20), High. Total—2 Total—35. Whereupon the Acting President declared the bil passed. Title was approved and the bill ordered transmittei to the House. 5. 1089 was read the third time at length, section b section and placed before the Senate for final considers tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Browr Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (30), Evans, Fredericksen, High, Kidwell, Kleir Manley, Manning, Miller, Mitchell, Mix, Murphy, Peave Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swer son, Williams, Yarbrough. Total—34. NAYS—None. Ellsworth (20). Total—i. Absent and excused Total—35. Whereupon the Acting President declared the bi] passed. Title was approved and the bill ordered transmitted t the House. S. 1071 was read the third time at length, section b section and placed before the Senate for final consider tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES Barker, Bilyeu, Bivens, Brassey, Brow! Budge. Cobbs, Crookham, Crutcher, Egbert, Ellswort (20), Ellsworth (30), Evans, Fredericksen, High, Kidwel Klein, Manley, Manning, Mitchell, Mix, Murphy, Peave Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swer son, Williams, Yarbrough. Total—32. NAYS None. Absent and excused Allen, Chase, Miller. Total—3. Total—35. Whereupon the Acting President declared the bi passed. Title was approved and the bill ordered transmitted I the House. 5. 1086 was read the third time at length, section ii section and placed before the Senate for final consider tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brown, Budg Crookham, Egbert, Ellsworth (20), Ellsworth (30), Evan Fredericksen, High, Kidwell, Klein, Manley, Mannin Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvi] Solberg, Steen, Stoicheff, Swenson, Williams, Yarbroug Total—30. NAYS Brassey, Cobbs, Summers. Total—3, —
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SENATE JOURNAL Chase, Crutcher. Total—2. Absent and excused Total—35. Whereupon the Acting President declared the bill assed. Title was approved and the bill ordered transmitted to ;he House. H. 99 was read the third time at length, section by ;ection and placed before the Senate for final considera ;ion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Barker, Bilyeu, Brassey, Brown, Budge, Chase, irookham, Crutcher, Egbert, Ellsworth (20), Ellsworth 30), Evans, Fredericksen, Klein, Manley, Manning, Miller, ‘Iitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, steen, Stoicheff, Summers, Swenson, Williams. Total—29. NAYS Bivens, Cobbs, Kidwell. Total—3, Absent and excused—Allen, High, Yarbrough. Total—3. Total—35. Whereupon the Acting President declared the bill )assed. Title was approved and the bill ordered returned to the fouse. H. 101 was read the third time at length, section by ection and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES judge, Chase, Crookham, Crutcher, Evans, High, Kidwell, vlanley, Manning, Mitchell, Mix, Murphy, Peavey, Rigby, axvik, Solberg, Stoicheff, Summers, Swenson. Total—25. NAYS Egbert, Ellsworth (20), Ellsworth (30), ‘redericksen, Williams. Total—5. Cobbs, Klein, Miller, Steen, Yar Absent and excused rough. Total—5. Total—35. Whereupon the Acting President declared the bill assed. Title was approved and the bill ordered returned to the fouse. H. 23 was read the third time at length, section by ection and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Bilyeu, Brown, Budge, Chase, Crookham, )rutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, ‘redericksen, High, Manley, Manning, Mitchell, Mix, 4urphy, Peavey, Rigby, Saxvik, Solberg, Stoicheff, Swen on, Williams. Total—24. NAYS Bivens, Kidwell, Yarbrough. Total—3, Absent and excused Allen, Barker, Brassey, Cobbs, Uein, Miller, Steen, Summers. Total—8. Total—35. Whereupon the Acting President declared the bill assed. Title was approved and the bill ordered returned to the louse. On request by Senator Stoicheff, granted by unanimous onsent, S. 1087 was referred to the General Calendar or amendment. S. 1007, as amended, was read the third time at length ection by section and placed before the Senate for final onsideration, the question being, “Shall the bill pass?” Roll call resulted as follows: —
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AYES—Allen, Bilyeu, Bivens, Chase, Crutcher, Egbert, Ellsworth (20), Evans, Fredericksen, High, Kidwell, Man ley, Manning, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Williams. Total—21. NAYS—Brassey, Brown, Budge, Crookham, Ellsworth (30), Stoicheff, Swenson, Yarbrough. Total—8. Barker, Cobbs, Klein, Miller, Absent and excused Steen, Summers. Total—6. Total—35. Whereupon the Acting President declared S. 1007, as amended, passed. Title was approved and the bill ordered transmitted to the House. Senator Brown, having voted on the prevailing side by which H. 23 passed in the Senate, served notice that he may on the next legislative day move for reconsidera tion of the vote. The Acting President ordered H. 23 held at the desk for one legislative day and referred to the Tenth Order of Business, Motions and Resolutions. S. 1092 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Bilyeu, Bivens, Brassey, Budge, Crook ham, Crutcher, Egbert, Eilsworth (20), Evans, High, Kidwell, Manley, Manning, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Stoicheff, Summers, Swenson, Williams. Total—25. NAYS—None. Absent and excused—Barker, Brown, Chase, Cobbs, Ellsworth (30), Fredericksen, Klein, Miller, Steen, Yar brough. Total—lO. Total—35, Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. On request by Senator Bivens, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On request by Senator Williams, granted by unanimous consent, the following is spread upon the pages of the Journal in honor of Lincoln’s birthday 1971: —
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Desiderata Go placidly amid the noise & haste, & remember what peace there may be in silence. As far as possible without surrender be on good terms with all persons. Speak your truth quietly & clearly; and listen to others, even the dull & ignorant; they too have their story. Avoid loud & aggressive persons, they are vexations to the spirit. If you compare yourself with others, you may become vain & bitter; for always there will be greater & lesser per sons than yourself. Enjoy your achievements as well as your plans. Keep interested in your own career, however humble; it is a real possession in the changing fortunes of time. Exercise caution in your business affairs; for the world is full of trickery. But let this not blind you to what virtue there is; many persons strive for high ideals; and everywhere life is full of heroism. Be yourself. Especially, do not feign affection. Neither be cynical about love; for in the face of all aridity & disenchantment it is peren nial as the grass. Take kindly the counsel of the years, gracefully surrendering the things of youth. Nurture strength of spirit to shield you in sudden misfortune. But do not distress yourself with imaginings. Many fears are born of fatigue & loneliness. Beyond a wholesome discipline, be gentle with yourself. You are a child of the
[February 13
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universe, no less than the trees & the stars; you have a right to be here. And whether or not it is clear to you, no doubt the universe is unfolding as it should. There fore be at peace with God, whatever you conceive Him to be, and whatever your labors & aspirations, in the noisy confusion of life keep peace with your soul. With all its sham, drudgery & broken dreams, it is still a beautiful world. Be careful. Strive to be happy. (Found in old Saint Paul’s Church, Baltimore; dated 1692.) On motion by President Pro-Tempore Ellsworth, sec onded by Senator Crutcher, the Senate adjourned until 9:00 o’clock a.m., Saturday, February 13, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
THIRTY-FOURTH LEGISLATIVE DAY SATURDAY, FEBRUARY 13, 1971 Senate Chamber, Boise, Idaho, February 13, 1971. President Murphy called the Senate to order at 9:00 o’clock a.m. Roll call showed all members present except Senators Allen, Bilyeu, Chase, Manning, Miller, Mix, Peavey and Rigby, excused. The following prayer was offered by Chaplain Newell Morgan: Our Father, Who art in Heaven, Hallowed be Thy Name. Give each of us, this day, our appointed tasks, with each decision grant us a full measure of Thy wisdom. We know, Father, there are times that try men’s souls, but we also realize that having stood the testing we are better men and women. Today, may all who shall toil and struggle within this Chamber, as they are buffeted by the wants and wishes of so many, find within themselves the inner resources so they may stand tall and true in honesty, fairness and in tegrity. Help them, we pray, that when the day is finished, they shall have the corporate joy of successful achieve ment. Rest their bodies, minds and spirits this weekend that they may all return next week in health, in eagerness to the task before them. Please, God, In Christ’s Name, Amen. Presentation of Petitions, Resolutions and Memorials The following memorial was read at length by the Secretary: S.J.M. 107 By RESOURCES AND ENVIRONMENT COMMITTEE A JOINT MEMORIAL To the Honorable Senate and the House of Representa tives in Congress assembled, and the Honorable Con gressional Delegation representing the State of Idaho in the Congress of the United States. We, your Memorialists, the Senate and House of Rep resentatives of the state of Idaho assembled in the First Regular Session of the Forty-first Idaho Legislature, do hereby respectfully represent that: WHEREAS, a government that is close to the people is more responsive and responsible in meeting the needs of the people; and WHEREAS, a gradual shift of government power has
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tended to deemphasize the role of the state and local gov. ernments, thereby reducing the government services whici can be provided locally and concentrating governmenta functions at the national level; and WHEREAS, the national government, by its extensivf reliance on the graduated income tax as a revenw source, has virtually preempted the use of this sourc from state and local governments, thereby creating a dis abling fiscal imbalance between the national governmen and the state and local governments; and WHEREAS, increasing demands upon state and loca governments for essential public services have compellec the states to rely heavily on highly regressive and inelastb consumer taxes and property taxes; and WHEREAS, national revenues based predominantly or income taxes increase significantly faster than state am local revenues based heavily on sales and property taxes and WHEREAS, the evident solution to this problem is meaningful sharing of national income tax resources; am WHEREAS, the United States Congress will, durin the course of the present session, consider alternativ means of enacting acceptable revenue sharing legisla tion. NOW, THEREFORE, BE IT RESOLVED by the Firs Regular Session of the Forty-first Idaho Legislature, no in session, the Senate and House of Representatives con curring therein, that we most respectfully urge th Congress of the United States of America to proceed a the earliest possible date to enact legislation necssar to effect a revenue sharing plan embodying in the formub for distribution the factors of population of the state the average income of the residents of the state, the tota tax effort of the state, and the proportion of the land ii the state held in federal ownership and unavailable as tax resource of the state. BE IT FURTHER RESOLVED that the Secretary o the Senate be, and he is hereby authorized and directei to forward copies of this Memorial to the President o the Senate and the Speaker of the House of Represents tives of the Congress of the United States, and to th Senators and Representatives representing this state ii the Congress of the United States. S.J.M. 107 was referred to the Judiciary and Rule Committee for printing. Reports of Standing Committees February, 13, 1971. The JUDICIARY AND RULES Committee report that S. 1129, S. 1130, S. 1131, S. 1132 and S. 1133 hay been correctly printed.
KLEIN, Chairman. S. 1129 and S. 1130 were referred to the Transportatio Committee. S. 1131, S. 1132 and S. 1133 were referred to the Loca Government and Taxation Committee. February 13, 1971. The HEALTH, EDUCATION AND WELFARE Corn mittee reports out S. 1111 and H. 80 with recommendatjoj that they do pass. BARKER, Chairman. S. 1111 and H. 80 were filed for second reading. February 13, 1971. The STATE AFFAIRS Committee reports out H. 6 without recommendation. SUMMERS, Chairman.
SENATE JOURNAL February 13, 1971. The STATE AFFAIRS Committee reports out S. 1023 vith the recommendation that it be printed. SUMMERS, Chairman. H. 64 was filed for second reading. S. 1023 was referred to the Judiciary and Rules Corn nittee for printing. Messages from the House February 12, 1971. dr. President: I transmit herewith H. 134, H. 135, H. 118, H.J.R. 1 and iJ.M. 3 which have passed the House. FITZWATER, Chief Clerk. H. 134, H. 135, H. 118 and H.J.R. 1 were filed for first eading. H.J.M. 3 was referred to the Tenth Order of Business. Motions and Resolutions The following Memorial was read at length by the ecretary: H.J.M. 3 By MURPHY AND TREGONING A JOINT MEMORIAL Honorable Senate and House of Representa the To ives of the United States in Congress assembled, and he Honorable Congressional Delegation representing the ;tate of Idaho in the Congress of the United States. We, your Memorialists, the Senate and the House of tepresentatives of the state of Idaho assembled in the irst Regular Session of the Forty-first Idaho Legislature, [o hereby respectfully represent that: WHEREAS, the year 1976 shall mark the bicentennial nniversary of the founding of this great nation; and WHEREAS, it is appropriate that such a great event e commemorated by an object as solid and beautiful as he freedom and resolve upon which our government is ased; and WHEREAS, throughout the history of these great Jnited States of America silver has played a predominate ole in the nation’s coinage. NOW, THEREFORE, BE IT RESOLVED by the First tegular Session of the Forty-first Idaho Legislature, iow in session, the Senate and the House of Repre entatives concurring, that the Congress of the United tates provide for the minting of a bicentennial coin 4 one ounce of nine hundred proof silver and to provide urther that the Congress of the United States call for a vorld-wide design contest to insure a design for the oin equal to the event it marks. BE IT FURTHER RESOLVED that the Chief Clerk I the House of Representatives be, and she is hereby uthorized and directed to forward copies of this Memorial o the President of the Senate and the Speaker of the louse of Representatives of Congress, and to the Senators nd Representatives representing this state in the Con ress of the United States. H.J.M. 3 was ordered held at the desk for two legisla ive days. The President announced that S.C.R. 108, held at the esk for possible reconsideration of the vote by which passed in the Senate, and no motion for reconsideration aving been received, ordered it transmitted to the House. The President announced that H. 23, held at the desk for ossible reconsideration of the vote by which it passed in he Senate, and no motion for reconsideration having been eceived, ordered it returned to the House.
February 13]
Introduction, First Reading and Reference of Bills H. 134 and H. 135, by Revenue and Taxation Committee, were introduced, read the first time at length and referred to the Local Government and Taxation Committee. H. 118, by Business Committee, was introduced, read the first time at length and referred to the Commerce and Banking Committee. H.J.R. 1, by State Affairs Committee, was introduced, read the first time at length and referred to the State Affairs Committee. S. 1134 By HEALTH, EDUCATION AND WELFARE COMMITTEE AN ACT Amending Section 33-1009, Idaho Code, by striking Sub section 10, which requires Social Security Trust Funds be deposited in the Public School Income Fund. S. 1134 was introduced, read the first time at length and referred to the Judiciary and Rules Committee for print ing. Second Reading of Bills S. 1036, as amended, by Judiciary and Rules Committee, was read the second time at length and filed for third reading. Third Reading of Bills On request by Senator Ellsworth (30), granted by unanimous consent, S. 1098 retained its place on the Third Reading Calendar for one legislative day. S. 1085 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: Barker, Bivens, Brassey, Brown, Budge, Cobbs, AYES Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Mitchell, Murphy, Saxvik, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams, Yarbrough. Total—27. NAYS None. Absent and excused Allen, Bilyeu, Chase, Manning, Miller, Mix, Peavey, Rigby. Total—8. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. S. 1099 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Barker, Bivens, Brassey, Brown, Budge, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Mitchell, Murphy, Solberg, Steen, Summers, Swenson, Williams, Yarbrough. Total—25. NAYS Saxvik, Stoicheff. Total—2. Absent and excused Allen, Bilyeu, Chase, Manning, Miller, Mix, Peavey, Rigby. Total—8. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. H. 100 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Barker, Bivens, Brassey, Brown, Budge, Cobb —
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[February 16
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Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, itchell, Murphy, Saxvik, Solberg, Steen, Stoicheff, Sum mere, Swenson, Williams, Yarbrough. Total—27. NAYS None. Allen, Bilyeu, Chase, Manning, Absent and excused Iiller, Mix, Peavey, Rigby. Total—S. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the Rouse. S. 1070, as amended, was read the third time at length, section by section and placed before the Senate for final onsideration, the question being, “Shall the bill pass?” Roll call resulted as follows: Barker, Bivens, Brassey, Brown, Budge, Cobbs, AYES Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, ilitchell, Murphy, Saxvik, Solberg, Steen, Stoicheff, Sum mners, Swenson, Williams, Yarbrough. Total—27. NAYS None. Absent and excused Allen, Bilyeu, Chase, Manning, Iiller, Mix, Peavey, Rigby. Total—B. Total—35. Whereupon the President declared S. 1070, as amended, passed. Title was approved and the bill ordered transmitted to the House. On request by Senator Kidwell, granted by unanimous onsent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec Dnded by Senator Murphy, the Senate adjourned until 11:00 o’clock a.m., Tuesday, February 16, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary. —
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THIRTY-SEVENTH LEGISLATIVE DAY TUESDAY, FEBRUARY 16, 1971 Senate Chamber, Boise, Idaho, February 16, 1971. President Murphy called the Senate to order at 11:00 ‘clock a.m. Roll call showed all members present. The following prayer was offered by Chaplain Newell Idorgan: Our God and Father, in the midst of the complicated situations of life and the many difficult and yet un mived problems of our land, help these who serve our State, keep them from any sense of futility. Help them to feel the support and the prayers of the many across our State who lift them up before Thee each day. Help them, each, to understand that Your Power and Your Way will not be obstructed by difficulties. In their bimes of sensed failure may they realize Thy unlimited resources. May all who serve and toil within this Statehouse
sense Thy Eternal Presence. May the process of selfgovernment go well for all these within the Senate. This we ask in Jesus Name, Amen. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Friday, Feb ruary 12, 1971 was read and approved as corrected. KLEIN,
Chairman.
Report adopted. President Pro-Tempore Ellsworth announced a dis tinguished visitor had arrived and the President directed Senators Bivens and Mix to escort Mr. William J. Kuhfuss, President of the American Farm Bureau Federation, to the Rostrum. Mr. Kulifuss delivered a few remarks to the members and guests of the Senate. The President thanked and welcomed Mr. Kuhfuss to the Senate and Senators Bivens and Mix escorted him from the Chamber. Reports of Standing Committees February 16, 1971. The HEALTH, EDUCATION AND WELFARE Com mittee reports out H. 114, H. 115, H. 116, S. 1059, S. 1108 and S. 1083 with the recommendation that they do pass.
BARKER, Chairman. H. 114, H. 115, H. 116, S. 1059, S. 1108 and 5. 1083 were filed for second reading. February 16, 1971. The JUDICIARY AND RULES Committee reports that 5. 1023, 5. 1134 and S.J.M. 107 have been correctly printed. KLEIN, Chairman. S. 1023 was referred to the State Affairs Committee. S. 1134 was referred to the Health, Education and Welfare Committee. S.J.M. 107 was referred to the Tenth Order of Busi ness, Motions and Resolutions, and ordered held at the desk for two legislative days. Messages from the House February 15, 1971. Mr. President: I transmit herewith Enrolled H. 99 and H. 101 which have been signed by the Speaker.
FITZWATER,
Chief Clerk. The President announced he was about to sign Enrolled H. 99 and H. 101 and when so signed, ordered it returned to the House. February 13, 1971. Mr. President: I transmit herewith Enrolled H. 86 and H.C.R. 5 which have been signed by the Speaker.
FITZWATER, Chief Clerk. The President announced he was about to sign Enrolled H. 86 and H.C.R. 5 and when so signed, ordered them returned to the House. February 15, 1971. Mr. President: I transmit herewith H. 68, II. 62, as amended, and return herewith S. 1032, as amended in the House, which have passed the House.
FITZWATER, Chief Clerk.
SENATE JOURNAL H. 68 and H. 62, as amended, were filed for first read ing. S. 1032, as amended in the House, and the House
amendments were referred to the Tenth Order of Busi ness, Motions and Resolutions.
February 13, 1971. Mr. President: I transmit herewith H. 57, H. 111, H. 131, H. 140, H. 141, Fl. 83, B. 89 and H. 107, as amended, which have passed the House. FITZWATER, Chief Clerk. II. 57, H. 111, H. 131, H. 140, H. 141, H. 83, H. 89 and Fl. 107, as amended, were filed for first reading. Motions and Resolutions The President announced S.J.M. 106 was before the Senate for final consideration. On motion by Senator Evans, seconded by Senator Kid well, S.J.M. 106 was adopted, title approved and the memorial ordered transmitted to the House. R.J.M. 3 was ordered held at the desk for one legisla bive day on the Tenth Order of Business, Motions and Resolutions. The President announced that the House amendment to S. 1032, as amended in the House, was now before the Senate. On motion by Senator Bivens, seconded by Senator Miller, the Senate did not concur with the House amend ments to S. 1032. On request by Senator Bivens, granted by unanimous consent, and pursuant to Joint Rule 10, the President appointed a conference committee consisting of Senators Swenson, Bivens and Miller to meet with the like com mittee from the House for consideration of the House amendment in which the Senate failed to concur. The President announced that formal notice of the Senate’s conference committee would be served upon the House of Representatives. S. 1032, as amended in the House, was ordered held at the Tenth Order of Business, Motions and Resolutions. Introduction, First Reading and Reference of Bills S. 1135 By HEALTH, EDUCATION AND WELFARE COMMITTEE AN ACT Providing for the establishment of public kindergartens; providing for the authority to levy taxes for their support; and providing an emergency. S. 1135 was introduced, read the first time and length, and referred to the Judiciary and Rules Committee for printing. H. 68, by Judiciary, Rules and Administration Commitbee, was introduced, read the first time at length, and re rerred to the Judiciary and Rules Committee. H. 62, as amended, by Sessions, Allen, Loveless, Farner, Hedges and Scoresby, was introduced, read the first time at length and referred to the State Affairs Committee. H. 57, by Local Government Committee, was introduced, read the first time at length, and referred to the Local Government and Taxation Committee. H. 111, by Rice, was introduced, read the first time at [ength and referred to the Transportation Committee. H. 131, by Transportation and Defense Committee, was introduced, read the first time at length and referred to the Local Government and Taxation Committee. H. 140, H. 141 and H. 89, by Agricultural Affairs Com
February 16J
mittee, were introduced, read the first time at length and referred to the Agricultural Affairs Committee. H. 83, by Resources and Conservation Committee, was introduced, read the first time at length and referred to the Resources and Environment Committee. H. 107, as amended, by Agricultural Affairs Committee, was introduced, read the first time at length and referred to the Resources and Environment Committee. Second Reading of Bills S. 1111, by Health, Education and Welfare Committee, was read the second time at length and filed for third reading. H. 80 by Education Committee, was read the second time at cength and filed for third reading. H. 64, by Ways and Means Committee, was read the sec ond time at length and filed for third rending. Third Reading of Bills On motion by Senator Kidwell, seconded by Senator Evans, the Senate recessed until 1:30 o’clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present. Prior to recess the Senate was at the Thirteenth Order of Business. Third Reading of Bills S. 1098 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Swenson, Williams, Total—32. NAYS None. Absent and excused Evans, Summers, Yarbrough. Total—3. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House, The President called Senator Evans to the Chair. S. 1036, as amended, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bivens, Brassey, Cobbs, Egbert, Ellsworth (20), High, Kidwell, Peavey, Steen, Williams, Yarbrough. Total—13. NAYS Bilyeu, Brown, Budge, Chase, Crookham, Crutcher, Ellsworth (30), Evans, Fredericksen, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Rigby, Saxvik, Solberg, Stoicheff, Summers, Swenson. Total—22. Total—35. Whereupon the Acting President declared S. 1036, as amended, lost and ordered it filed in the office of the Sec retary of the Senate. Senator Kidwell gave notice that he would call for S. 1062 to be reported out of the Transportation Com mittee on the next legislative day. —
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[February 17
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SENATE JOURNAL
General Calendar The Acting President declared the Senate recessed and called Senator Murphy to the Chair to preside dunng the sitting of the Committee of the Whole. Following the adjournment of the Committee of the Whole, President Murphy called the Senate to order. Report of the Committee of the Whole Senator Murphy, Chairman of the Committee of the Whole, reported out S. 1075, S. 1087 and H. 48 without recommendation, amended as follows: SENATE AMENDMENTS TO S. 1075 AMENDMENTS TO SECTION 10 On page 6 of the printed bill, in line 1 following the word “systems” delete the character and words “, and provided further that one” and in line 2 delete the follow ing: “(1) person may hold all three (3) certificates of competency”. On page 6 of the printed bill in line 2 following the character “.“ insert the following: “Certified supervisors shall be on duty in the plant at all times that a mobile home or recreational vehicle plant is manufacturing plumbing, heat producing or electrical systems. Journey men plumbers shall be automatically certified as super visors for plumbing and heat producing systems. Journey men electricians shall be automatically certified as super visors for electrical systems. Certified supervisors shall not be required to be journeymen plumbers or journey men electricians.”. CORRECTIONS TO TITLE On page 2 of the printed bill, in line 17, following the word “SYSTEMS” delete the character and words “, AND THAT ONE” and in line 18 delete the words “PERSON MAY HOLD ALL THREE CERTIFICATES”. On page 2 of the printed bill, in line 25, following the word “VEHICLES” and preceding the character “,“ insert the following: “AND PROVIDING AUTOMATIC CERTIFICATION FOR JOURNEYMEN PLUMBERS AND ELECTRICIANS, AND PROVIDING THAT CER TIFIED SUPERVISORS SHALL NOT BE REQUIRED TO BE JOURNEYMEN PLUMBERS OR JOURNEYMEN ELECTRICIANS”. SENATE AMENDMENTS TO S. 1087 AMENDMENTS TO SECTION 4 On page 2 of the printed bill, in line 28, following the word “by”, delete “ten per cent (10%)” and insert in lieu thereof the words, characters and numlers, “twen ty per cent (20%)”. On page 2 of the printed bill, at the beginning in line 32, delete “thirty per cent (30%)” and insert in lieu thereof the words, characters and numbers, “fifty per cent (50%)”. AMENDMENT TO SECTION 10 On page 4 of the printed bill, delete lines 5 through 13 inclusive. CORRECTION TO TITLE On page 1 of the printed bill, in line 16, alter the word “SEVERABILITY”, delete the character and words “; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE”. SENATE AMENDMENT TO H. 48 AMENDMENT TO SECTION 1 On page 2 of the printed bill, in line 20, following the word “citation”, insert a “.“ and delete the remainder of line 20 and all of lines 21 through 25. CORRECTIONS TO TITLE On page 1 of the printed bill, in line 7, following the word “CITY”, delete the words “OR COUNTY”. On page 1 of the printed bill, in line 9, following the word “CITY”, delete the word “OR”, and in line 10,
delete the words and characters “COUNTY, RESPEC TIVELY,”. On page 1 of the printed bill, in line 15, following thE word “PERCENT”, delete the balance of the line, and ir line 16, delete the words “OCCURRED EXCEPT”. On page 1 of the printed bill, in line 17, following thE word “ARREST”, delete the balance of the line, and al the beginning of line 18, delete the word “APPOR TIONED”. The Committee has S.J.M. 105 under consideration, re port progress and beg leave to sit again. MURPHY, Chairman. Presideni Murphy, seconded by On motion by Senator Pro-Tempore Ellsworth, the report was adopted. Senate amendments to S. 1075, S. 1087 and H. 48 werE referred to the Judiciary and Rules Committee for print. ing. S. 1075, as amended, and S. 1087, as amended, werE referred to the Judiciary and Rules Committee for en grossing. H. 48, as amended in the Senate, was filed for firsi reading. Miscellaneous Business The President requested a ruling from the Judiciar and Rules Committee for the following inquiries. In Senate Rule 47 B, the Senate waives a basic Con. stitutional right expressed in Article 3, Section 9. Doe the Senate also have the power to waive this same Constitutional right for a House Committee? Granted that the Senate has the power to establisi differing rules of procedure for different Senate com mittees, is it equitable or proper for it to do so? The Constitutional immunity granted to legislator (Art. 3 Sec. 7) for words spoken in each House provide protection from lawsuit for slander. Does this Constitu tional protection extend to words spoken in Committe in open session? On motion by President Pro-Tempore Ellsworth, sec onded by Senator Crutcher, the Senate adjourned unti 10:30 o’clock n.m., Wednesday, February 17, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
THIRTY-EIGHTH LEGISLATIVE DAY WEDNESDAY, FEBRUARY 17, 1971 Senate Chamber, Boise, Idaho, February 17, 1971. President Murphy called the Senate to order at 10:3 o’clock a.m. Roll call showed all members present. The following prayer was offered by Chaplain Newel Morgan: Our Father, Thou who art as close as breath itself, w come to Thee again in prayer. As we pray for Th; guidance and help, we do know that Thou does not inten prayer to be a substitute for work. Help us in fruitft labor today. As we are the recipients of those who, being led by TheE toiled to build a great and free land, help us to b motivated by the same great dream and by Thy eel same Spirit.
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May the highest possible traits of character be exhibited within this Chamber in these days of government. Help them in their daily endeavoring to be their best and to do their best. Help them always to be pleasing in Thy sight, and most satisfying to those they represent. Today we place them in Thy love, care and keeping. Bless the youth, who this day attend these sessions. Help them to understand, value and use the principles that govern free men. In Christâ&#x20AC;&#x2122;s Name, Amen. The President called President Pro-Tempore Ellsworth to the Chair. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Saturday, Febru ary 13, 1971 was read and approved as corrected. KLEIN, Chairman. Report adopted. Reading of Communications The Secretary read a letter from Senator Manley and the President Pro-Tempore ordered the letter filed in the office of the Secretary of the Senate. Presentation of Petitions, Resolutions and Memorials The following resolution was read at length by the Secretary: S.C.R. 109 By JUDICIARY AND RULES COMMITTEE A CONCURRENT RESOLUTION Setting aside a sum not to exceed two thousand four hundred twenty-three dollars and sixteen cents for the purpose of providing photographs of the members of the Senate and House of Representatives of the first regular session of the Forty-first Idaho Legislature. S.C.R. 109 was referred to the Judiciary and Rules Com mittee for printing. S.J.R. 102 By JUDICIARY AND RULES COMMITTEE A JOINT RESOLUTION Proposing an amendment to Section 7, Article I of the Constitution of the State of Idaho, relating to right to trial by jury, by providing that in civil cases, a jury shall consist of not less than six nor more than twelve persons, by providing that in criminal cases a jury trial shall be waived at the request of the defendant or defendants, ex pressed in open court, by providing that in misdemeanor eases, the legislature may provide that the jury shall consist of any number not less than six nor more than twelve persons, and by providing that in felony cases the jury shall consist of twelve persons and the verdict must be unanimous; submitting the question to the electorate; iirecting the Attorney General to prepare the statement of mcli amendment as provided by law; and directing the secretary of State to publish notice thereof. S.J.R. 102 was introduced, read the first time at length nd referred to the Judiciary and Rules Committee for printing. Reports of Standing Committees February 17, 1971. The HEALTH, EDUCATION AND WELFARE Com nittee reports out H. 74 without recommendation. BARKER, Chairman. February 17, 1971. The AGRICULTURAL AFFAIRS Committee reports )ut S. 1105 with the recommendation that it do pass. SWENSON, Chairman. H. 74 and S. 1105 were filed for second reading.
February 17]
February 17, 1971. The JUDICIARY AND RULES Committee reports thai S. 1135, Senate amendments to S. 1075, Senate amend ments to S. 1087 and Senate amendments to H. 48 havc been correctly printed. KLEIN, Chairman. S. 1135 was referred to the Health, Education and Wel fare Committee. February 17. 1971. The JUDICIARY AND RULES Committee reports oul S. 1106 with the recommendation that it do pass. KLEIN, Chairman. S. 1106 was filed for second reading. February 17, 1971. The JUDICIARY AND RULES Committee reports oul out 5. 1078 with the recommendation that it be printed. KLEIN, Chairman. S. 1078 was referred to the Judiciary and Rules Com mittee for printing. February 17, 1971. The JUDICIARY AND RULES Committee reports that S. 1087, as amended, and S. 1075, as amended, have been correctly engrossed. KLEIN, Chairman. S. 1087, as amended, and S. 1075, as amended, were filed for first reading. Messages from the House February 16, 1971. Mr. President: I transmit herewith H. 195 and return herewith S. 1067 which have passed the House. FITZWATER, Chief Clerk. H. 195 was filed for first reading. S. 1067 was referred to the Judiciary and Rules Com mittee for enrolling. February 16, 1971. Mr. President: I transmit herewith Enrolled H. 23 and H. 100 which have been signed by the Speaker. FITZWATER, Chief Clerk. The President Pro-Tempore announced he was about to sign Enrolled H. 23 and H. 100, and when so signed, ordered them returned to the House. Motions and Resolutions The President Pro-Tempore announced that H.J.M. 3 was before the Senate for final consideration. On motion by Senator Murphy, seconded by Senator Bivens, H.J.M. 3 was adopted, title was approved and the memorial ordered returned to the House. Senator Miller arose on a point of personal privilege to introduce former Senator J. Cecil $andberg from District 27 who spoke a few words to the members of the Senate. The President Pro-Tempore welcomed the former Sena tor to the Senate Chamber. Senator Mitchell arose on a point of personal privilege to introduce former Senator H. W. Hulbert from District 6 who spoke a few words to the members of the Senate, and was thanked for his remarks by the President Pro Tempore.
[February 17
SENATE JOURNAL
Introduction, First Reading and Reference of Bills S. 1136 By HEALTH, EDUCATION AND WELFARE COMMITTEE AN ACT Declaring public policy of the state of Idaho with respect to certain mentally retarded and brain damaged persons; providing for the protection of the civil rights of such persons; defining the persons subject to this act as being irreversibly and incurably mentally incompetent because of mental retardation, brain damage, or both; defining the terms physician, counsel, reasonable compen sation for professional services, hospital, sterilization procedure, determination of need for sterilization; pro viding a judicial proceeding for the filing of a petition by the prosecuting attorney in the county wherein such person to be sterilized resides; setting forth the require ments of the contents of such petition; providing for legal counsel and the compensation therefor in the case of indigent persons proposed to he sterilized; providing for the protection of the civil rights of the person proposed to be steri1ized; providing for the appointment of two independent physicians to make an evaluation of the person proposed to be sterilized to determine whether or not the condition of such person is irreversible and in curable; providing for a hearing upon such petition; specifying rules of evidence; preserving the right of cross-examination on behalf of the person proposed to be sterilized; providing for the entry of findings of fact and conclusions of law at the conclusion of such hearing and the entry of a court order either directing sterilization or dismissing such petition; providing for right of appeal therefrom and staying of execution of any order of sterilization during the time for perfecting an appeal and during the pendency of any appeal should such an order for sterilization be entered; defining sterilization pro cedure; prescribing the qualifications of persons perform ing such sterilization procedure; providing for immunity from civil liability or criminal prosecution of one per forming such sterilization procedure except in case of negligence in the performance of such procedures and providing that no hospital be compelled to admit a patient for the purpose of effecting sterilization and providing that no physician or staff member or employee of any hospital shall be required to effect or participate in such sterilization if such hospital, staff member, employee or physician objects to the same upon moral or religious grounds; and providing that refusal of any such person to participate upon moral or religious grounds shall not form the basis for any claim for damages by reason of such refusal. S. 1137 By HEALTH, EDUCATION AND WELFARE COMMITTEE AN ACT Relating to certified employees of a school district; repealing Section 33-1212, Idaho Code, which provides that a certified employee shall be entitled to automatic renewal of his contract commencing with the third con secutive year of employment by the same school district, and provides the procedure for notice; repealing Section 33-1213, Idaho Code, which provides that the board of trustees must notify the certified employee of intent not to renew a contract or to reduce salary; and repealing Section 33-1215, Idaho Code, which provides that a hear ing and review must be held when requested by a certified employee whose employment status has been changed by the board of trustees. S. 1138 By HEALTH, EDUCATION AND WELFARE COMMITTEE AN ACT Relating to employees of educational institutions of higher learning; amending Chapter 37, Title 33, Idaho Code, by adding a new section thereto to be known and
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designated as Section 33-3718, Idaho Code, providing foi a limitation on the duration of contracts between msti tutions of higher learning and persons in their employ. S. 1139 By JUDICIARY AND RULES COMMITTEE AN ACT Amending Chapter 9, Title 59, Idaho Code, by the addi tion of a new Section, 59-904A, Idaho Code, to provid that vacancies in either house of the legislature be fihle by appointment of the Governor from a list supplie by legislative district committee; and declaring an emer gency. S. 1140 By JUDICIARY AND RULES COMMITTEE ANACT Relating to jury selection and service; defining terms prohibiting discrimination; providing for jury commis sion master list, master jury wheel, drawings fron master jury wheel and sending juror qualification form prescribing disqualification from jury service; provithn for qualified jury wheel, selection and summoning o: jury panel, excuses from jury service and no exemptions providing for challenging compliance with selection pro cedures, for preservation of records, for mileage am compensation of jurors, and length of service by jurors prescribing penalties for failure to perform jury servic and protection of jurorsâ&#x20AC;&#x2122; employment; authorizing senio: district judges to delegate their duties and the Suprem Court to make and amend rules; providing for severability providing short title; providing for uniformity of applica tion and construction; repealing Chapters 2, 3, 4 and Title 2, Idaho Code; and declaring an emergency. S. 1141 By JUDICIARY AND RULES COMMITTEE AN ACT Amending Chapter 29, Title 39, Idaho Code, by addin a new section to be known as Section 39-2919A, Idahi Code, authorizing the Attorney General to bring lega actions to enjoin violations of Chapter 29, Title 39, Idah Code; authorizing the Attorney General to bring legs actions to enjoin violations of the codes, rules, regula tions and orders of the Air Pollution Control Commission declaring that exhaustion of administrative remedies i not a prerequisite to the maintenance of such actions and preserving other remedies. S. 1142 By JUDICIARY AND RULES COMMITTEE AN ACT Amending Chapter 1, Title 39, Idaho Code, by addini a new section to be known as Section 39412A, Idah Code, authorizing the Attorney General to bring legs actions to enjoin violations of the water quality stand ards and the rules and regulations of the Board of Healti relating to water quality control and water pollutior declaring that exhaustion of administrative remedies i not a prerequisite to the maintenance of such actions, an preserving other remedies. S. 1143 By JUDICIARY AND RULES COMMITTEE AN ACT Relating to the duties of prosecuting attorney, amend ing Section 31-2604, Idaho Code, to provide that th prosecuting attorney shall not be required to prosecut traffic offenses and misdemeanor crimes committed withi the municipal limits of a city when the arrest is mad or a citation is issued by a city law enforcement officia in which case the city attorney or his deputy is r sponsible therefor; and declaring an emergency. S. 1144 By JUDICIARY AND RULES COMMITTEE ANACT Amending Section 30-139, Idaho Code, to permit
too
February 17]
SENATE JOURNAL
orporation to hae less than three directors if all of the shares of stock of such corporation are owned bene icially and of record by less than three stockholders. S. 1145 By JUDICIARY AND RULES COMMITTEE AN ACT Amending Section 16-1512, Idaho Code, relating to ap 3eals from adoption proceedings by striking the reference Probate Court and substituting Magistrates Divi . the don of the District Court therefor; amending Section 16-1640! Idaho Code, relating to appeals from Child E’rotective Act proceedings by providing for the time and nanner thereof; amending Section 164819, Idaho Code, elating to appeals from Youth Rehabilitation Act pro eedings by providing for the manner of such appeals; mending Section 16-2014, Idaho Code, relating to ap )eals from parent child tennination proceedings by strik ug the reference to the Probate Court and substituting Iagistrates Division of the District Court therefor; and leclaring an emergency. S. 1146 By JUDICIARY AND RULES COMMITTEE AN ACT Amending Section 1-105, Idaho Code, relating to pro :edures in criminal cases within the former jurisdiction )f Probate Courts, Justice Courts or Police Courts, by )rovidmg that such procedures shall be governed by the upreme Court rules; and declaring an emergency. S. 1147 By JUDICIARY AND RULES COMMITTEE AN ACT Relating to discovery of insurance coverage, providing that in certain actions limits of insurance policies shall o discoverable by discovery procedures authorized by aw; and requiring insurance companies to disclose any lefenses they plan to assert to avoid their obligations mder the insurance policies. S. 1136, S. 1137, S. 1138, S. 1139, S. 1140, S. 1141, 1142, 5. 1143, S. 1144, S. 1145, S. 1146 and S. 1147 rere introduced, read the first time at length and re erred to the Judiciary and Rules Committee for printing. II. 48, as amended in the Senate, by Judiciary, Rules nd Administration Committee, was read the first time tt length and filed for second reading. H. 195, by Transportation and Defense Committee, was ntroduced, read the first time at length and referred to he Transportation Committee. S. 1075, as amended, by Commerce and Banking Com nittee, was read the first time at length and filed for econd reading. S. 1087, as amended, by Local Government and Taxa ion Committee, was read the first time at length and iled for second reading. Second Reading of Bills H. 114, H. 115 and H. 116, by Health and Welfare )ommittee, were read the second time at length and lied for third reading. S. 1059 and S. 1108, by Health, Education and Welfare ommittee, were read the second time at length and iled for third reading. 1083, by Egbert, was read the second time at length nd filed for third reading. Third Reading of Bills S. 1111 was read the third time at length, section by ection and placed before the Senate for final considera ion, the question being, “Shall the bill pass ?“ Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brown, Budge, AYES hase, Cobbs, Crutcher, Egbert, Ellsworth (20), Ellsworth .
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(30), Fredericksen, High, Kidwell, Klein, Manley, Man ning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Sax vik, Solberg, Steen, Stoicheff, Summers, Swenson, Wil liams, Yarbrough. Total—32. Crookham. Total—i. NAYS Absent and excused Brassey, Evans. Total—2. Total—35. Whereupon the President Pro-Tempore declared the bill passed. Title was approved and the bill ordered transmitted to the House. H. 80 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, teen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—34. None. NAYS Brassey. Total—i. Absent and excused Total—35. Whereupon the President Pro-Tempore declared the bill passed. Title was approved and the bill ordered returned to the House. On motion by Senator Bivens, seconded by Senator Mix, the Senate recessed until 1:30 o’clock p.m. of this day. —
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RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present. Prior to recess the Senate was at the Thirteenth Order of Business. Third Reading of Bills H. 64 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crutcher, Egbert, Ellsworth (20), Evans, Fredericksen, High, Kidwell, Klein, Manley, Man ning, Miller, Mitchell, Mix, Murphy, Saxvik, Solberg, Steen, Stoicheff, Summers, Williams. Total—29. Crookham, Ellsworth (30), Peavey, Yar NAYS brough. Total—4. Rigby, Swenson. Total—2. Absent and excused Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. There being no objection, the Senate returned to the Third Order of Business. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Tuesday, Febru ary 16, 1971 was read and approved as corrected. KLEIN, Chairman. Report adopted. —
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[February 17
SENATE JOURNAL
Reading of Communications Pursuant to Section 33-4101, Article III of the Idaho Code, the following communication was read by the President Pro-Tempore: June 8, 1970. Robert B. McCall Education Commission of the States 822 Lincoln Tower, 1860 Lincoln Street Denver, Colorado 80203 Dear Mr. McCall: I am pleased to inform you of the appointment of Senator John Barker to fill Idaho’s vacancy on the Edu cation Commission of the States created by the resigna tion of Senator Frederick Bagley. Senator Barker has indicated that he would accept this appointment and we know you will find him highly qualified for the position and a knowledgeable representa tive for Idaho on the commission. Senator Barker’s address is Route 4, Buhl, Idaho 83316. Very truly yours, Is! JAMES ELLSWORTH President Pro-Tempore On request by President Pro-Tempore Ellsworth, granted by unanimous consent, the communication was ordered spread upon the pages of the Senate Journal. Reports of Standing Committees February 17, 1971. The STATE AFFAIRS Committee reports they have had under consideration the Gubernatorial appointments listed below and recommend that said appointments be confirmed by the Senate. Bill Webster of Coeur d’Alene, Idaho as Superintend ent of the Idaho State Liquor Dispensary, to serve at the pleasure of the Governor. John G. Fanning of Idaho Falls to the Highway Board to serve a six year term commencing January 31, 1971. SUMMERS, Chairman. The President ordered the report referred to the Tenth Order of Business, Motions and Resolutions, and ordered it held at the desk for one legislative day. February 17, 1971. The STATE AFFAIRS Committee reports out S. 1080 with the recommendation that it do pass. SUMMERS, Chairman. February 17, 1971. The STATE AFFAIRS Committee reports out S. 1113 and S. 1125 without recommendation. SUMMERS, Chairman. February 17, 1971. The STATE AFFAIRS Committee reports out H.J.R. 1, S. 1126 and S. 1102 with the recommendation that they do pass. SUMMERS, Chairman. S. 1080, S. 1113, S. 1125, H.J.R. 1, S. 1126 and S. 1102 were filed for second reading. February 17, 1971. The STATE AFFAIRS Committee reports out S. 1101 with the recommendation that it be referred to the Local Government and Taxation Committee. SUMMERS, Chairman.
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S. 1101 was referred to the Local Government and Taxa tion Committee. February 17, 1971. The STATE AFFAIRS Committee reports out S. 103 with the recommendation that it be referred to the Four teenth Order of Business for amendment. SUMMERS, Chairman. S. 1030 was referred to the General Calendar for amend ment. February 17, 1971. The JUDICIARY AND RULES Committee reports tha S. 1067 has been correctly enrolled. KLEIN, Chairman. The President announced he was about to sign Enrolle S. 1067, and, when so signed, ordered it transmitted t the House for the signature of the Speaker. On motion by Senator Kidwell, granted by unanimou consent, the Senate advanced to the Eleventh Order o Business. Introduction, First Reading and Reference of Bills S. 1148 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 57-722, Idaho Code, relating to th investment powers of the board of trustees over the in vestment of permanent endowment funds of the state o Idaho, by providing that the board or its trustees ma; invest permanent endowment funds of the state of Idah in mortgages on property subject to a lease guarantee by the Small Business Administration; and declaring a emergency. S. 1149 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 57-722, Idaho Code, relating to th investment powers of the Endowment Fund Investmen Board or Trustees by striking that limitation upon in vestment in convertible bonds provided for investmen of stock upon conversion, adding a requirement that con vertible bonds have a BBB rating or better; and declarin an emergency. S. 1150 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 57-722, Idaho Code, relating to th investment powers of the Endowment Fund Investmen Board or Trustees by providing that investment in bonth notes or other obligations of other states and their polit cal subdivisions, bonds or notes of any corporation an convertible bonds shall have a BBB rating or highe by a commonly known rating service; by striking tha limitation upon investment in convertible bonds provide for investment of stock upon conversion; and declaring a emergency. S. 1151 By STATE AFFAIRS COMMITTEE AN ACT Providing that all funds received by the Board a Nursing Home Examiners be deposited in the Stat Treasury to the credit of the Occupational License Fund repealing Section 54-1616, Idaho Code, relating to th Board of Examiners of Nursing Home Administrator Fund; and declaring an emergency. S. 1148, S. 1149, S. 1150 and S. 1151 were introducec read the first time at length and referred to the Judiciar and Rules Committee for printing.
SENATE JOURNAL On request by Senator Kidwell, granted by unanimous onsent, the Senate advanced to the Fourteenth Order of 3usiness. General Calendar The President declared the Senate recessed and called enator Peavey to the Chair to preside during the sitting f the Committee of the Whole. Following the adjournment of the Committee of the Jhole, the President called the Senate to order. Senator Peavey, Chairman of the Committee of the 1hole, reported out S.J.M. 105 and S. 1030, without rec )mmendation, amended as follows: SENATE AMENDMENTS TO S.J.M. 105 AMENDMENTS TO THE MEMORIAL On page 1 of the printed memorial, following line 9, dd the following: ‘WHEREAS, there are approximately fifteen hundred &merican servicemen missing in action or known to be )nsoners in Southeast Asia, most of them prisoners )eing held captive by the Republic of North Vietnam; and WHEREAS, there is ample evidence that many prison rs have been and are now being subjected to cruel physi al and psychological treatment; and”. On page 2 of the printed memorial, in line 2, following ;he word “States” delete the “.“ and insert the following: ‘; and, to the Ambassador to the United States repre enting the Federal Republic of Germany, India, Japan, .Iorway, Socialist Republic of Romania, Sweden, and witzerland; and, to the Democratic Republic of Vietnam.” CORRECTION TO TITLE On page 1 of the printed bill, in line 3, following the vord “ASSEMBLED” delete the “.“ and insert the follow ng: “; AND, TO THE AMBASSADOR TO THE UNITED TATES REPRESENTING THE FEDERAL REPUBLIC )F GERMANY, INDIA, JAPAN, NORWAY, SOCIALIST EPUBLIC OF ROMANIA, SWEDEN AND SWITZER aAND; AND TO THE DEMOCRATIC REPUBLIC OF TIETNAM” SENATE AMENDMENTS TO S. 1030 AMENDMENT TO SECTION 41 On page 33 of the printed bill, in line 34, following the vord “Code”, and before the character “.“, insert the ollowing: “; provided that in no event shall the amount if the bond be less than one hundred fifty thousand dollars $150,000)”. AMENDMENT TO SECTION 42 On page 33 of the printed bill, in line 40, following the rord “Code” and before the character “.“, insert the ollowing: “; provided that in no event shall the amount if the bond be less than four hundred fifty thousand lollars ($450,000)”. AMENDMENT TO SECTION 58 On page 43 of the printed bill, in line 37, following the vord “employees”, and before the character “.“, insert ho following: “, and shall, by negotiations or otherwise, mdeavor to purchase the best coverage which can be oh ained for the least cost”. PEAVEY, Chairman. On motion by Senator Peavey, seconded by Senator thirphy, the report was adopted. S.J.M. 105, as amended, and S. 1030, as amended, were eferred to the Judiciary and Rules Committee for en crossing. Senate amendments to S.J.M. 105 and S. 1030 were eferred to the Judiciary and Rules Committee for print ng. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec
February 18)
onded by Senator Mix, the Senate adjourned until 10:30 o’clock a.m., Thursday, February 18, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
THIRTY-NINTH LEGISLATIVE DAY THURSDAY, FEBRUARY 18, 1971 Senate Chamber, Boise, Idaho, February 18, 1971. President Murphy called the Senate to order at 10:30 o’clock a.m. Roll call showed all members present. The following prayer was offered by Reverend Clarence Twigg from Sandpoint, Idaho: Almighty God, Our Heavenly Father, in Whom we live and move and have our being, we come to You at the beginning of this day’s Session mindful of Your promise to supply our needs. We confess, that in the face of the decisions that daily challenge us, whether in our civil and corporate or our individual and personal lives, we have need of Your wis dom and guidance. Therefore, make us sensitive to Your presence and re sponsive to Your urgings. Give us the strength to stand by our convictions; fidelity to our commitments; yet, graciousness with one another in our differences, Thus empowered may we the better serve in the trust committed to us. This is our prayer, through Jesus Christ, Our Lord, Amen. Reports of Standing Committees February 18, 1971. The FINANCE Committee reports out 5. 1072 with the recommendation that it do pass. HIGH, Chairman. February 17, 1971. The JUDICIARY AND RULES Committee reports out S. 1114 and S. 1115 with the recommendation that they do pass. KLEIN, Chairman. February 17, 1971. The STATE AFFAIRS Committee reports out S. 1084 without recommendation. SUMMERS, Chairman. S. 1072, S. 1114, S. 1115 and S. 1084 were filed for sec ond reading. February 18, 1971. The JUDICIARY AND RULES Committee reports that 5. 1078, 5. 1136, 5. 1137, S. 1138, 5. 1139, S. 1140, 5. 1141, S. 1142, 5. 1143, 5. 1144, 5. 1145, S. 1146, S. 1147, S. 1148, 5. 1149, S. 1150, 5. 1151, S.C.R. 109, S.J.R. 102, Senate amendments to 5. 1030 and Senate amendments to S.J.M. 105 have been correctly printed. KLEIN, Chairman.
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SENATE JOURNAL
S. 1078, 5. 1139, S. 1140, S. 1141, S. 1142, S. 1143, S. 1144, S. 1145, S. 1146, S. 1147 and S.J.R. 102 were re ferred to the Judiciary and Rules Committee. S. 1136, S. 1137 and S. 1138 were referred to the Health, Education and Welfare Committee. S. 1148, 5. 1149, 5. 1150 and S. 1151 were referred to the State Affairs Committee. S.C.R. 109 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the desk for two legislative days. February 18, 1971. TAXATION Com AND The LOCAL GOVERNMENT mittee reports out S. 1112 without recommendation. BROWN, Chairman. Ellsworth, Pro-Tempore On request by President granted by unanimous consent, S. 1112 was referred to the Tenth Order of Business, Motions and Resolutions. Messages from the House February 17. 1971. Mr. President: I transmit herewith H. 105, II. 109, H. 132, II. 173, II. 139, as amended, and H. 179 which have passed the House. FITZWATER, Chief Clerk. amended, and 139, as II. 173, H. 132, 109, H. H. 105, II. H. 179 were filed for first reading. Motions and Resolutions Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of 5. 1112 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days he dispensed with, this being a case of urgency, and that 5. 1112 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by President Pro-Tempore Ellsworth. Seconded by Senator Evans. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Cobbs, Crookham, Crutcher, Eghert, Ellsworth (20), Ellsworth (30), Evans Fredericksen, High, Kidwell, Klein, Manley, Manning, vfiller, Mitchell, Mix, Murphy, Peavey, Righy, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—33. NAYS—None. Absent and excused—Chase, Saxvik. Total—2. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. S. 1112 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: Bilyeu, Chase, Crookham, Crutcher, Evans, AYES Fredericksen, Manley, Manning, Miller, Mitchell, Mix, Murphy, Saxvik, Solberg, Stoicheff. Total—15. NAYS—Allen, Barker, Bivens, Brassey, Brown, Budge, Cobbs, Egbert, Ellsworth (20), Ellsworth (30), High, Kidwell, Klein, Peavey, Righy, Steen, Summers, Swenson, Williams, Yarbrough. Total—20. —
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Total—35. Whereupon the President declared the bill lost anc ordered the bill filed in the office of the Secretary 0: the Senate. Senator Righy, having voted on the prevailing side bI which S. 1112 lost in the Senate, served notice that hi may on the next legislative day move for reconsidera tion of the vote. The President ordered S. 1112 held at the desk fo one legislative day. On motion by President Pro-Tempore Ellsworth, Sec onded by Senator Mix, the Senate recessed until 1:3( o’clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuan to recess, President Murphy presiding. Roll call showed all members present except Senator: Bivens, Chase, Fredericksen, Miller, Steen, Williams am Yarbrough, excused. Prior to recess the Senate was at the Tenth Orde: of Business. There being no objection, the Senate returned to th Third Order of Business. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports thu the Senate Journal of the proceedings of Wednesday February 17, 1971 was read and approved as correctel KLEIN, Chairman. Report adopted. Presentation of Petitions, Resolutions and Memorials S.J.R. 103 By HEALTH, EDUCATION AND WELFARE COMMITTEE A JOINT RESOLUTION Proposing an amendment to Section 10, Article IX o the Constitution of the state of Idaho to provide fo management and supervision of the University of Idah by the Legislature; stating the question to be submitte to the electors; directing the Attorney General to prepar the statement as required by law; and directing the Secre tary of State to give legal notice thereof. S.J.R. 3 was introduced, read the first time at lengt and referred to the Judiciary and Rules Committee fo printing. Reports of Standing Committees February 18, 1971. The TRANSPORTATION Committee reports out S. 112 and H. 195 with the recommendation that they do past BUDGE, Chairman. S. 1129 and H. 195 were filed for second reading. February 18, 1971. The JUDICIARY AND RULES Committee reports th S.J.M. 105, as amended, has been correctly engrossed. KLEIN, Chairman. S.J.M. 105, as amended, was referred to the Tenth OrdE of Business, Motions and Resolutions, and ordered he] at the desk for two legislative days. Messages from the House February 18, 1971. Mr. President: I transmit herewith Enrolled H. 80, H.J.M. 3 and r
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;urn herewith Enrolled S. 1067 which have been signed iy the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign Enrolled 1. 80 and H.J.M. 3, and when so signed, ordered them eturned to the House. Enrolled S. 1067 was referred to the Judiciary and Etales Committee for transmittal to the Governor. February 18, 1971. lr. President: I transmit herewith H. 147, H. 152, H. 144, H. 142 and El. 110 which have passed the House. FITZWATER, Chief Clerk. H. 147, H. 152, H. 144, H. 142 and H. 110 were filed or first reading. Motions and Resolutions On motion by Senator Murphy, seconded by Senator idwell, the Gubernatorial appointment of Mr. Bill Web ter as Superintendent of the Idaho State Liquor Dispen ary was confirmed by the Senate. On motion by Senator Egbert, seconded by Senator idwell, the Gubernatorial appointment of Mr. John G. panning to a six year term on the Highway Board was onfirmed by the Senate. The President ordered the report of the State Affairs ommittee filed in the office of the Secretary of the enate and directed the Secretary to prepare a letter of ransmittal, for his signature, of the Gubernatorial ap )ointment confirmations, attested to by the Secretary, to e transmitted to the Governor informing him of the Lction of the Senate. The President announced S.J.M. 107 was before the enate for final consideration. On motion by Senator Peavey, seconded by Senator gbert, S.J.M. 107 was adopted, title approved and the nemorial was ordered transmitted to the House. Introduction, First Reading and Reference of Bills S. 1152 By HEALTH, EDUCATION AND WELFARE COMMITTEE ANACT Amending Chapter 13, Title 50, Idaho Code, by the ddition of a new section to be known as Section 50-1326, daho Code, requiring County Clerks and Recorders to ecord in certain instances a sanitary restriction on sub ivision maps or plats, requiring the removal of sanitary estrictions prior to the construction of buildings, requir ig Department of Healthâ&#x20AC;&#x2122;s approval prior to the removal f a sanitary restriction; amending Chapter 13, Title 50, daho Code, by the addition of a new section to be known s Section 50-1327, Idaho Code, requiring County Clerks nd Recorders to comply with the provisions of the act; mending Chapter 13, Title 50, Idaho Code, by the aUdion of a new section to be known as Section 50-1328, daho Code, authorizing the State Board of Health to dopt rules, regulations and standards for the adminis ration and enforcement of the act; amending Chapter 13, itle 50, Idaho Code, by the addition of a new section to e known as Section 50-1329, Idaho Code, declaring cer un acts to be misdemeanors; and providing an effective ate. 5.1153 By FINANCE COMMITTEE AN ACT Appropriating moneys out of the Lava Hot Springs oundation Fund to the Lava Hot Springs Foundation for ue period from July 1, 1971 through June 30, 1972 and rescribing expenditure classifications for the appropria .on.
February 1$]
S. 1154 By FINANCE COMMITTEE AN ACT Appropriating moneys out of the Industrial Adminis tration Fund to the Industrial Accident Board and pre scribing expenditure classifications of the appropriation for the period from July 1, 1971 through June 30, 1972; appropriating moneys out of the State Insurance Fund to the State Insurance Fund and prescribing expenditure classifications of the appropriation for the period from July 1, 1971 through June 30, 1972; appropriating moneys from the Real Estate Fund to the Idaho Real Estate Commission and prescribing expenditure classifications of the appropriation for the period from July 1, 1971 through June 30, 1972. S. 1155 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 34-1902, Idaho Code, relating to the First Congressional District, by removing Legislative District Number 17 in Ada County therefrom and by re moving Elmore County therefrom; and amending Section 34-1903, Idaho Code, relating to the Second Congressional District, by adding Legislative District Number 17 in Ada County thereto and by adding Elmore County thereto. S. 1156 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 34-1902, Idaho Code, relating to the First Congressional District, by removing Legislative District Number 14 in Ada County therefrom and by re moving Elmore County therefrom; and amending Sec tion 34-1903, Idaho Code, relating to the Second Congres sional District, by adding Legislative District Number 14 in Ada County thereto and by adding Elmore County thereto. S. 1157 By FINANCE COMMITTEE AN ACT Relating to Legislative Budget Hearings, amending Section 67-3513, Idaho Code, by striking the provision that the standing committees of the House and Senate charged with appropriation measures must meet in open sessions and striking the requirement that joint meetings will begin within five days after the budget has been submitted to the legislature; and declaring an emergency. 5. 1158 By FINANCE COMMITTEE AN ACT Appropriating moneys out the Liquor Law Enforce ment Fund to Liquor Law Enforcement for the period from July 1, 1971 through June 30, 1972, and prescribing expenditure classifications for the appropriation. S. 1152, S. 1153, S. 1154, S. 1155, S. 1156, S. 1157 and S. 1158 were introduced, read the first time at length and referred to the Judiciary and Rules Committee for print ing. H. 105, H. 132 and H, 173, by Judiciary, Rules and Administration Committee, were introduced, read the first time at length and referred to the Judiciary and Rules Committee. H. 109, by Keithly, was introduced, read the first time at length and referred to the Health, Education and Wel fare Committee. H. 139, .as amended, by Resources and Conservation Committee, was introduced, read the first time at length and referred to the Resources and Environment Commit tee. H. 179, by Judiciary, Rules and Administration Com mittee, was introduced, read the first time at length and referred to the Commerce and Banking Committee.
[February 18
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II. 147, by Ways and Means Committee, was introduced, read the first time at length and referred to the Commerce and Banking Committee. H. 152, by Revenue and Taxation Committee, was in troduced, read the first time at length and referred to the Local Government and Taxation Committee. H. 144 and H. 142, by Resources and Conservation Com mittee, were introduced, read the first time at length and referred to the Resources and Environment Committee. H. 110, by Ravenscroft, was introduced, read the first time at length and referred to the Resources and Environ ment Committee. Second Reading of Bills H. 74, by Health and Welfare Committee, was read the second time at length and filed for third reading. S. 1105, by Agricultural Affairs Committee, was read the second time at length and filed for third reading. S. 1106, by Judiciary and Rules Committee, was read the second time at length and filed for third reading. H. 48, as amended in the Senate, by the Judiciary, Rules and Administration Committee, was read the second time at length and filed for third reading. S. 1075, as amended, by Commerce and Banking Com mittee, was read the second time at length and filed for third reading. S. 1087, as amended, by Local Government and Taxation Committee, was read the second time at length and filed for third reading. On request by Senator Murphy, granted by unanimous consent, S. 1080 retained its place on the Second Reading Calendar for one legislative day. S. 1113, S. 1125, S. 1102 and S. 1126, by State Affairs Committee, were read the second time at length and filed for third reading. H.J.R. 1, by State Affairs Committee, was read the sec ond time at length and filed for third reading. Third Reading of Bills On request by Senator Barker, granted by unanimous consent, H. 114, II. 115 and H. 116 were placed at the foot of the Third Reading Calendar. The President called Senator Manning to the Chair. S. 1059 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Bilyeu, Brown, Budge, Cobbs, AYES Crutcher, Egbert. Ellsworth (20), Ellsworth (30), Evans, High, Klein, Manley, Manning, Mitchell, Mix, Murphy, Peavey, Rigby, Solberg, Summers, Swenson. Total—22. Barker, Crookham, Saxvik, Stoicheff. Total—4. NAYS Bivens, Brassey, Chase, Fred Absent and excused ericksen, Kidwell, Miller, Steen, Williams, Yarbrough. Total—9. Total—35. Paired and voting included in roll call: AYE: Rigby. NAY: Barker. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. Senator Peavey, having voted on the prevailing side by which 5. 1059 passed in the Senate, served notice that he may on the next legislative day move for reconsidera tion of the vote. —
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The Acting President ordered 5. 1059 held at the des] for one legislative day. S. 1108 was read the third time at length, section b: section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Brown, Budge, Cobb AYES Crookham, Crutcher, Egbert, Ellsworth (20), Ellswort] (30), Evans, High, Kidwell, Klein, Manley, Manning Mitchell, Mix, Murphy, Peavey, Saxvik, Solberg, Stoichefi Summers, Swenson. Total—26. NAYS None. Absent and excused Bivens, Brassey, Chase, Fred ericksen, Miller, Rigby, Steen, Williams, Yarbrough Total—9. Total—35. Whereupon the Acting President declared the bil passed. Title was approved and the bill ordered transmitted t the House. S. 1083 was read the third time at length, section 5: section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: Allen, Barker, Bilyeu, Brown, Budge, Cóbin AYES Crookham, Crutcher, Egbert, Ellsworth (20), Ellswort (30), High, Kidwell, Klein, Manley, Manning, Mitchel. Mix, Murphy, Peavey, Saxvik, Solberg, Stoicheff, Sum mers, Swenson. Total—25. —
NAYS None. Absent and excused Bivens, Brassey, Chase, Evam Fredericksen, Miller, Rigby, Steen, Williams, Yarbrougl Total—lO. Total—35. Whereupon the Acting President declared the b[ passed. Title was approved and the bill ordered transmitted t the House. H. 114 was read the third time at length, section b, section and placed before the Senate for final considers tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: Allen, Barker, Bilyeu, Brown, Cobbs, Crook AYES ham, Crutcher, Egbert, Ellsworth (20), High, Klein, Man ley, Manning, Mitchell, Mix, Peavey, Summers, Swensor Total—18. NAYS Brassey, Budge, Ellsworth (30), Kidwel Murphy, Saxvik, Stoicheff. Total—7. Absent and excused Bivens, Chase, Evans, Fred ericksen, Miller, Rigby, Solberg, Steen, Williams, Yax brough. Total—lO. Total—35. Whereupon the Acting President declared the bi passed. Title was approved and the bill ordered returned to th House. H. 115 was read the third time at length, section b section and placed before the Senate for final considers tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: Allen, Barker, Bilyeu, Brown, Cobbs, Crook AYES ham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30) High, Klein, Manley, Manning, Mitchell, Mix, Peave3 Saxvik, Stoicheff, Summers, Swenson. Total—21. —
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NAYS Brassey, Budge, Kidwell, Murphy. Total—4. Bivens, Chase, Evans, Fred Absent and excused ‘ricksen, Miller, Rigby, Solberg, Steen, Williams, Yar )rough. Total—lO. Total—35. Whereupon the Acting President declared the bill )assed. Title was approved and the bill ordered returned to he House. II. 116 was read the third time at length, section by ection and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Brassey, Brown, Crook AYES iam, Crutcher, Egbert, Ellsworth (20), High, Klein, Ianley, Manning, Mitchell, Mix, Peavey, Solberg. rotal—17. Budge, Cobbs, Ellsworth (30), Kidwell, Mur NAYS )hy, Saxvik, Stoicheff, Summers, Swenson. Total—9. Bivens, Chase, Evans, Frederick Absent and excused en, Miller, Rigby, Steen, Williams, Yarbrough. Total—9. Total—35. Whereupon the Acting President declared the bill )assed. Title was approved and the bill ordered returned to he House. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec nded by Senator Crutcher, the Senate adjourned until 0:00 o’clock a.m., Friday, February 19, 1971. DARRELL MANNING, Acting President. \.ttest: ARTHUR WILSON Secretary. —
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FORTIETH LEGISLATIVE DAY FRIDAY, FEBRUARY 19, 1971 Senate Chamber, Boise, Idaho, February 19, 1971. Senate to order at 10:00 called President Murphy the ‘clock n.m. Roll call showed all members present. The following prayer was offered by Chaplain Newell Vlorgan: We stand, Our God and Eternal Father, before Thee, ts grateful citizens of a land which was “conceived in iberty” and is dedicated to equality for all men. Help is, Our God, that by the processes of democratic self çovernment and deeply committed citizenship, we shall ive birth to days of true equality and continued freedom. We do thank Thee for those who have marched away o their Bunker Hills, Valley Forges, Gettysburgs, Cha eau-Thierry, Belleau Wood, Guadalcanal, Anzio, Pusan, aigon. We thank Thee also for Calvary, where the Thrist died for us. May the high ideals, the human values and the free lom thus assured, cause each of us, who now live, recipi nts of all this sacrificing and endeavoring, give ourselves o every good effort that those things for which others iave died and are dying shall become part of all peoples. Bless each level of government and all who assume he great responsibility of governing others. Grant wis
February 19]
dom, vision and industry to them, especially, all within this historic Chamber where these persons, just as those before them, help to lead a free people. In Jesus Name, Amen. Reports of Standing Committees The JUDICIARY AND RULES Committee reports that S. 1067 was delivered to the office of the Governor at 9:20 n.m., February 19, 1971. KLEIN, Chairman. The President ordered the report filed in the office of the Secretary of the Senate. February 19, 1971. The AGRICULTURAL AFFAIRS Committee reports out S. 1104 and H. 141 with the recommendation that they do pass. SWENSON, Chairman. S. 1104 and H. 141 were filed for second reading. February 19, 1971. The JUDICIARY AND RULES Committee reports that S. 1030, as amended, has been correctly engrossed. KLEIN, Chairman. S. 1030, as amended, was filed for first reading. February 17, 1971. The STATE AFFAIRS Committee reports out S. 1019 with the recommendation that it be referred to the Four teenth Order of Business for amendment. SUMMERS, Chairman. S. 1019 was referred to the General Calendar for amend ment. February 19, 1971. The STATE AFFAIRS Committee reports out S. 1060 without recommendation. SUMMERS, Chairman, February 19, 1971. The HEALTH, EDUCATION AND WELFARE Com mittee reports out H. 71 with the recommendation that it do pass. BARKER, Chairman. 5. 1060 and H. 71 were filed for second reading. February 19, 1971. The JUDICIARY AND RULES Committee reports that S. 1152, S. 1153, 5. 1154, S. 1155, S. 1156, 5. 1157, S. 1158 and S.J.R. 103 have been correctly printed. KLEIN, Chairman. S. 1152 and S.J.R. 103 were referred to the Health, Education and Welfare Committee. S. 1153, S. 1154, S. 1157 and S. 1158 were referred to the Finance Committee. S. 1155 and 5. 1156 were referred to the State Affairs Committee, Messages from the House February 18, 1971. Mr. President: I transmit herewith H. 143, H. 165, II. 91, H. 146, H. 153, H. 154, H. 192 and H. 197 which have passed the House. FITZWATER, Chief Clerk.
[February 19
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H. 143, 11.165, 11. 91, H. 146, H. 153, H. 154, H. 192 and 1. 197 were filed for first reading. Motions and Resolutions Senator Rigby, having previously served proper notice, moved that the vote by which S. 1112 lost in the Senate, be now reconsidered. Seconded by Senator Manning. Roll call vote was requested by Senators Mix, Evans and Crutcher. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES Bilyeu, Chase, Crutcher, Egbert, Evans, Fredericksen, Manley, Manning, Miller, Mitchell, Mix, Murphy, Rigby, Saxvik, Solberg, Stoicheff. Total—16. Allen, Barker, Bivens, Brassey, Brown, Budge, NAYS Cobbs, Ellsworth (20), Ellsworth (30), High, Kidwell, Klein, Peavey, Steen, Summers, Swenson, Williams, Yar brough. Total—18. Absent and excused Crookham. Total—i. Total—35. Whereupon the President declared the motion lost and ordered S. 1112 filed in the office of the Secretary of the Senate. Introduction, First Reading and Reference of Bills The President announced that S. 1059, held at the desk for possible reconsideration of the vote by which it passed in the Senate, and no motion for reconsideration having been received, ordered it transmitted to the House. S. 1159 By FINANCE COMMITTEE AN ACT Appropriating moneys out of the Wheat Commission Fund to the Idaho Wheat Commission for the period from July 1, 197i, through June 30, 1972, and pre scribing expenditure classifications of the appropria tion; appropriating moneys out of the Bean Commis sion Fund to the Idaho Bean Commission for the period from July 1, 1971, through June 30, 1972, and pre scribing expenditure classifications of the appropria tion; appropriating moneys out of the Cherry Commis sion Fund to the Idaho Cherry Commission for the period from July 1, 1971, through June 30, 1972, and prescribing expenditure classifications of the appropria tion; appropriating moneys out of the Apple Commission Fund to the Idaho Apple Commission for the period from July 1, 1971, through June 30, 1972, and prescrib ing expenditure classifications of the appropriation; appropriating moneys out of the Dairy Commission Fund to the Idaho Dairy Commission for the period from July 1 1971, through June 30, 1972, and prescribing expenditure classifications of the appropriation; appro priating moneys out of the State Brand Inspection Fund to the State Brand Inspector for the period from July 1, 1971, through June 30, 1972, and prescribing expenditure classifications of the appropriation. S. 1160 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 67-412, Idaho Code, to provide that each member of the legislature shall receive the sum of twenty-five dollars per day during any session of the legislature for board, necessary committee expenses and the necessary expenses of maintaining the office of a legislator, by removing restrictions limiting such allow ance to a specified number of days in each regular session, by removing restrictions concerning reimbursement of actual expenses necessarily incurred in attending meet ings during the interim between sessions and substituting therefor provisions to provide an expense allowance for maintaining a second residence in Ada County during —
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any legislative session, to provide that the Presideni of the Senate shall receive an allowance, to provide thai a mileage allowance may be paid instead of the allow. ance for maintaining a second residence, to provide thai members may be reimbursed for not more than Low visits to the home legislative district during each regu lar legislative session, to provide that each membei shall receive an expense allowance of three dollan and fifty cents per day to maintain the office of legislato while not in session, and to provide that members shal receive the same per diem and expense allowances foi attending meetings or performing services previousl3 authorized by the legislature during the interim betweei sessions as is provided for members of the legislativ council; declaring an emergency and providing for retro active application. S. 1161 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 23-933, Idaho Code, by adding a pro vision thereto authorizing the Commissioner of La’ Enforcement to establish and accept a monetary paymen not to exceed $5,000 in lieu of a license suspension oi petition of the licensee; providing that the proceeds 0: such payment shall be paid to the county treasurer 0: the county in which the violation occurred to be credite to the County School Fund. S. 1162 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 54-805, Idaho Code, relating to mini mum requirements for license as a cosmetology instructor by requiring successful passage of an examination a one of the requirements for licensing a cosmetology in structor, and striking certain obsolete or surplus language S. 1163 By HEALTH, EDUCATION AND WELFARE COMMITTEE AN ACT Providing for district-wide elections of school distric trustees; amending Section 33-404, Idaho Code, as amend ed by Chapter 25, Laws of 1971, by striking the require ment that school district electors be residents of the sam trustee zone as the candidates for election as trustees amending Section 33-501, Idaho Code, to require that school district trustee be a resident of the trustee zon from which nominated or appointed; and amending Sec tion 33-503, Idaho Code, to require a trustee to be electe in a district-wide election. S. 1159, S. 1160, S. 1161, S. 1162 and S. 1163 were intro duced, read the first time at length and referred to th Judiciary and Rules Committee for printing. S. 1030, as amended, by State Affairs Committee, wa read the first time at length and filed for second reading H. 143, by Resources and Conservation Committee, wa introduced, read the first time at length and referred t the Resources and Environment Committee. H. 165, by Health and Welfare Committee, was intro duced, read the first time at length and referred to th Health, Education and Welfare Committee. H. 91, by Health and Welfare Committee, was intro duced, read the first time at length and referred to th Judiciary and Rules Committee. H. 146, by Ways and Means Committee, was introducec read the first time at length and referred to the Stat Affairs Committee. H. 153, by Revenue and Taxation Committee, was intro duced, read the first time at length and referred to th Local Government and Taxation Committee. H. 154, by Revenue and Taxation Committee, was intro duced, read the first time at length and referred to th Agricultural Affairs Committee.
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H. 192 and H. 197, by Business Committee, were intro duced, read the first time at length and referred to the Commerce and Banking Committee. Second Reading of Bills S. 1080, by Murphy, was read the second time at length and filed for third reading. S. 1072, by Resources and Environment Committee, was read the second time at length and filed for third reading. S. 1114 and S. 1115, by Judiciary and Rules Committee, were read the second time at length and filed for third reading. S. 1084, by State Affairs Committee, was read the sec nd time at length and filed for third reading. S. 1129, by Transportation Committee, was read the second time at length and filed for third reading. H. 195, by Transportation and Defense Committee, was read the second time at length and filed for third reading. On request by Senator Murphy, granted by unanimous onsent, 5. 1080 retained its place on the Second Reading Calendar for one legislative day. Third Reading of Bills On motion by President Pro-Tempore Ellsworth, sec nded by Senator Mix, the Senate recessed until 1:30 D’clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant o recess, Senator High presiding. Roll call showed all members present. Prior to recess the Senate was at the Thirteenth Order f Business. Third Reading of Bills H. 74 was read the third time at length, section by section and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Chase, Dobbs, Crookham, Crutcher, Egbert, Ellsworth (30), Evans, High, Kidwell, Klein, Manley, Manning, Mitchell, ‘Iix, Peavey, Rigby, Saxvik, Steen, Stoicheff, Swenson, Williams, Yarbrough. Total—27. NAYS—Budge, Fredericksen. Total—2. Absent and excused—Brown, Ellsworth (20), Miller, Iurphy, Solberg, Summers. Total—6. Total—35. Whereupon the Acting President declared the bill )assed. Title was approved and the bill ordered returned to he House. S. 1105 was read the third time at length, section by ection and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Budge, Dhase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth 20, Ellsworth (30), Evans, Fredericksen, High, Kidwell, clein, Manley, Manning, Miller, Mitchell, Mix, Murphy, eavey, Rigby, Saxvik, Steen, Stoicheff, Swenson, Wil iams, Yarbrough. Total—32. NAYS—None. Absent and excused—Brown, Solberg, Summers. Total —3. Total—35.
February 19]
Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. On request by Senator Barker, granted by unanimous consent, the Secretary of the Senate was instructed to make a typographical correction to 5. 1106, on line 18 of the printed bill to change the section number to read “63-621”. On request by President Pro-Tempore Ellsworth, granted by unanimous consent, the Acting President appointed Senators Kidwell, Evans, Yarbrough and Crutcher to wait upon and escort the Governor to the Senate Chamber for the Memorial Service for deceased Senators. The Acting President excused the Committee. The President returned to the Chair. The Committee escorted Governor Cecil D. Andrus into the Senate Chamber and he was presented to the Members and guests by the President. The President excused the Committee. On request by Senator Kidwell, granted by unanimous consent, the Senate resolved itself into the Committee for the Memorial Service for deceased Senators. The President ca1led Senator Steen to the Chair to conduct the Memorial Service. MEMORIAL SERVICE The services were opened with the following prayer by Chaplain Newell Morgan: Almighty Father, Our Ever Present God, the solemnity and purpose of these moments fill our hearts with love and our minds with remembrances. We thank Thee for our faith that assures us that Thou art the God of the living. We know that Thou art the God on both sides of death. Comfort all hearts that ache and are heavy with loss. We thank Thee for the remembered dead who once walked these aisles, who frequented this important Cham ber, whose voices once spoke forth their convictions, whose voting once helped to form laws that govern us. May their ideals, their desires, their dreams and wishes live on in those who now stand before Thee. We accept from Thee, memories, as gifts which death can not destroy. Our God, as Thou hast been our help in ages past, be our hope for years to come; be Thou our shelter from the storms of life; be our eternal home. May it be after the clouds, the sunshine; after the winter, the spring; after the shower, the rainbow. May it be after the night, the morning, bidding all darkness cease. May it after life’s cares and troubles, the comfort and sweetness of thy Peace. In the Name of Christ, Our Comforter, Amen. On request by Senator Kidwell, granted by unanimous consent, former Governor Robert E. Smylie was introduced to the members of the Senate and guests. Senator Richard A. Egbert sang, “Abide With Me ‘Tis Eventide”, accompanied by Douglas Swanson. The Kiwanis Boys Choir, directed by Mr. Bruce Walker and accompanied by Shannon McCallister, sang, “I Heard a Little Child Pray.” The following Memorial was read at length by the Sec retary. A SENATE MEMORIAL WHEREAS, Senator Howard Sims passed on January 10, 1971, and WHEREAS, the late Senator Howard Sims served this
[February 19
SENATE JOURNAL
Senate in the interests of Lemhi County during the Twenty-fourth, Twenty-fifth, Twenty-sixth, Thirty-third, Thirty-fourth, Thirty-sixth and Thirty-seventh Sessions in 1937, 1939, 1941, 1955, 1957, 1959 and 1961. NOW, THEREFORE, BE IT RESOLVED that the Senate of the Forty-first Session of the Legislature of the State of Idaho draw public attention by this Memo rial to the life and works of Howard Sims, and BE IT FURTHER RESOLVED that the Senate of the Forty-first Session of the Idaho Legislature extend to the bereaved family the heartfelt sympathy of this entire body, and BE IT FURTHER RESOLVED that the Secretary of the Senate be, and he is hereby instructed to spread this Memorial upon the Journal of the Senate, and to mail copies to the members of the Sims family. President Pro-Tempore Ellsworth spoke on behalf of Senator Howard Sims. The following Memorial was read at length by the Secretary: A SENATE MEMORIAL WHEREAS, Senator Carl D. Irwin passed on Septem ber 23, 1970, and WHEREAS, the late Senator Carl D. Irwin served this Senate in the interests of Twin Falls County during the Twenty-eighth, Twenty-ninth, Thirtieth, Thirty-first, Thirty-second, Thirty-third and Thirty-fourth Sessions in 1945, 1947, 1949, 1951, 1953, 1955 and 1957. NOW, THEREFORE, BE IT RESOLVED that the Senate of the Forty-first Session of the Legislature of the State of Idaho draw public attention by this Memo rial to the life and works of Carl D. Irwin, and BE IT FURTHER RESOLVED that the Senate of the Forty-first Session of the Idaho Legislature extend to the bereaved family the heartfelt sympathy of this entire body, and BE IT FURTHER RESOLVED that the Secretary of the Senate be, and he is hereby instructed to spread this Memorial upon the Journal of the Senate, and to mail copies to the members of the Irwin family. Senator High spoke on behalf of Senator Carl Irwin. The following Memorial was read at length by the Secretary: A SENATE MEMORIAL WHEREAS, Senator Raymond L. White MD passed on December 18, 1968, and WHEREAS, the late Senator Raymond L. White served this Senate in the interests of Ada County dur ing the Thirty-second and Thirty-third Sessions in 1953 and 1955. NOW, THEREFORE, BE IT RESOLVED that the Senate of the Forty-first Session of the Legislature of the State of Idaho draw public attention by this Memo rial to the life and works of Raymond L. White, and BE IT FURTHER RESOLVED that the Senate of the Forty-first Session of the Idaho Legislature extend to the bereaved family the heartfelt sympathy of this entire body, and BE IT FURTHER RESOLVED that the Secretary of the Senate be, and he is hereby instructed to spread this Memorial upon the Journal of the Senate, and to mail copies to the members of the White family. Senator Cobbs spoke on behalf of Senator Raymond White. The following Memorial was read at length by the Secretary: A SENATE MEMORIAL WHEREAS, Senator James H. Young passed on Sep tember 23, 1970, and
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WHEREAS, the late Senator James H. Young served this Senate in the interests of Fayette County during thE Twenty-sixth, Twenty-seventh, Twenty-eighth and Twenty. ninth Sessions in 1941, 1943, 1945 and 1947. He was appointed as Budget Director by Governor Smylie Decem ber 1, 1954; and was appointed Secretary of State in 195â&#x201A;Ź and served until 1959 when he retired. NOW, THEREFORE, BE IT RESOLVED that thâ&#x201A;Ź Senate of the Forty-first Session of the Legislature of thE State of Idaho draw public attention by this Memorial to the life and works of James H. Young, and BE IT FURTHER RESOLVED that the Senate ol the Forty-first Session of the Idaho Legislature extend to the bereaved family the heartfelt sympathy of thh entire body, and BE IT FURTHER RESOLVED that the Secretary o1 the Senate be, and he is hereby instructed to spread this Memorial upon the Journal of the Senate, and to mai copies to the members of the Young family. Senator Bivens spoke on behalf of Senator James Young. The following Memorial was read at length by thE Secretary: A SENATE MEMORIAL WHEREAS, Senator Ellsworth W. Porter passed or February 26, 1943, and WHEREAS, the late Senator Ellsworth W. Portat served this Senate in the interests of Latah County dur ing the Fifteenth and Sixteenth Sessions in 1919 and 1921 NOW, THEREFORE, BE IT RESOLVED that tin Senate of the Forty-first Session of the Legislature of thc State of Idaho draw public attention by this Memorial t the life and works of Ellsworth W. Porter, and BE IT FURTHER RESOLVED that the Senate o the Forty-first Session of the Idaho Legislature extenc to the bereaved family the heartfelt sympathy of thh entire body, and BE IT FURTHER RESOLVED that the Secretar3 of the Senate be, and he is hereby instructed to spreac this Memorial upon the Journal of the Senate, and to mai copies to the members of the Porter family. Senator Mix spoke on behalf of Senator Ellswortf Porter. The following Memorial was read at length by tin Secretary: A SENATE MEMORIAL WHEREAS, Senator Charles Armington Robins, M1 passed on September 20, 1970, and WHEREAS, the late Senator Charles Armington Robin served this Senate in the interest of Benewah Count3 during the Twenty-fifth, Twenty-sixth and Twenty-seventi Sessions in 1939, 1941 and 1943. Senator Robins wa elected the Twenty-second Chief Executive of the Stat of Idaho in 1947 through 1950. NOW, THEREFORE, BE IT RESOLVED that tin Senate of the Forty-first Session of the Legislature 0: the State of Idaho draw public attention by this Memo rial to the life and works of Charles Armington Robins and BE IT FURTHER RESOLVED that the Senate o: the Forty-first Session of the Idaho Legislature extend t the bereaved family the heartfelt sympathy of this entir body, and BE IT FURTHER RESOLVED that the Secretary 0: the Senate be, and he is hereby instructed to spreac this Memorial upon the Journal of the Senate, and t mail copies to the members of the Robins family. Senator Chase spoke on behalf of Senator Charle Robins.
SENATE JOURNAL The following Memorial was read at length by the Secretary: A SENATE MEMORIAL WHEREAS, Senator Milton E. Phillips passed on December 7, 1969, and WHEREAS, the late Senator Milton E. Phillips served Ihis Senate in the interests of Teton County during the Twenty-third Session by appointment June 13, 1933 and served until November 30, 1934. He also served in the Rouse of Representatives during the Twentieth Session in 1929, NOW, THEREFORE, BE IT RESOLVED that the Senate of the Forty-first Session of the Legislature of Ihe State of Idaho draw public attention by this Memorial bo the life and works of Milton E. Phillips, and BE IT FURTHER RESOLVED that the Senate of the ‘orty-first Session of the Idaho Legislature extend to the bereaved family the heartfelt sympathy of this en lire body, and BE IT FURTHER RESOLVED that the Secretary of bhe Senate be, and he is hereby instructed to spread this l’lemorial upon the Journal of the Senate, and to mail :opies to the members of the Phillips family. Senator Egbert spoke on behalf of Senator Milton Phillips. The following Memorial was read at length by the Secretary: A SENATE MEMORIAL WHEREAS, Senator George F. Rudd passed on June 1, 1970, and WHEREAS, the late Senator George F. Rudd served this Senate in the interests of Fremont County during the Twenty-sixth Session in 1941. NOW, THEREFORE, BE IT RESOLVED that the Senate of the Forty-first Session of the Legislature of the State of Idaho draw public attention by this Memorial bo the life and works of George F. Rudd, and BE IT FURTHER RESOLVED that the Senate of the ‘orty-first Session of the Idaho Legislature extend to ;he bereaved family the heartfelt sympathy of this en lire body, and BE IT FURTHER RESOLVED that the Secretary of bhe Senate be, and he is hereby instructed to spread this Viemorial upon the Journal of the Senate, and to mail :opies to the members of the Rudd family. Senator Rigby spoke on behalf of Senator George Rudd. The following Memorial was read at length by the Secretary: A SENATE MEMORIAL WHEREAS, Senator W. R. Humphreys passed on April t7, 1968, and WHEREAS, the late Senator W. R. Humphreys served ;his Senate in the interests of Fremont County during ;he Twenty-eighth Session in 1945. NOW, THEREFORE, BE IT RESOLVED that the enate of the Forty-first Session of the Legislature of bhe State of Idaho draw public attention by this Memo iaI to the life and works of W. R. Humphreys, and BE IT FURTHER RESOLVED that the Senate of the ‘orty-first Session of the Idaho Legislature extend to the )ereaved family the heartfelt sympathy of this entire )ody, and BE IT FURTHER RESOLVED that the Secretary of ;he Senate be, and he is hereby instructed to spread this Viemorial upon the Journa1 of the Senate, and to mail :opies to the members of the Humphreys family, Senator Rigby spoke on behalf of Senator Willis Rumphreys.
February 19)
The following Memorial was read at length by the Secretary: A SENATE MEMORIAL WHEREAS, Senator Thomas McAteer passed on June 6, 1969, and WHEREAS, the late Senator Thomas McAteer served this Senate in the interests of Bannock County during the Thirty-eighth and Thirty-ninth Sessions in 1965 and 1967. NOW, THEREFORE, BE IT RESOLVED that the Senate of the Forty-first Session of the Legislature of the State of Idaho draw public attention by this Memorial to the life and works of Thomas McAteer, and BE IT FURTHER RESOLVED that the Senate of the Forty-first Session of the Idaho Legislature extend to the bereaved family the heartfelt sympathy of this en tire body, and BE IT FURTHER RESOLVED that the Secretary of the Senate be, and he is hereby instructed to spread this Memorial upon the Journal of the Senate, and to mail copies to the members of the McAteer family. Senator Manning spoke on behalf of Senator Thomas McAteer. The following Memorial was read at length by the Secretary: A SENATE MEMORIAL WHEREAS, Senator J. C. Siddoway passed on August 24, 1967, and WHEREAS, the late Senator J. C. Siddoway served this Senate in the interests of Fremont County during the Twenty-fifth Session in 1939. NOW, THEREFORE. BE IT RESOLVED that the Senate of the Forty-first Session of the Legislature of the State of Idaho draw public attention by this Memorial to the life and works of J. C. Siddoway, and BE IT FURTHER RESOLVED that the Senate of the Forty-first Session of the Idaho Legislature extend to the bereaved family the heartfelt sympathy of this entire body, and BE IT FURTHER RESOLVED that the Secretary of the Senate be, and he is hereby instructed to spread this Memorial upon the Journal of the Senate, and to mail copies to the members of the Siddoway family. Senators Rigby, Egbert and Williams spoke on behalf of Senator J. C. Siddoway. The following Memorial was read at length by the Secretary: A SENATE MEMORIAL WHEREAS, Senator Harry L. Yost passed on October 22, 1969, and WHEREAS, the late Senator Harry L. Yost served this Senate in the interests of Ada County during the Twenty-second and Twenty-third Sessions in 1933 and 1935. NOW, THEREFORE, BE IT RESOLVED that the Senate of the Forty-first Session of the Legislature of the State of Idaho draw public attention by this Memo rial to the life and works of Harry L. Yost, and BE IT FURTHER RESOLVED that the Senate of the Forty-first Session of the Idaho Legislature extend to the bereaved family the heartfelt sympathy of this entire body, and BE IT FURTHER RESOLVED that the Secretary of the Senate be, and he is hereby instructed to spread this Memorial upon the Journal of the Senate, and to mail copies to the members of the Yost family. Senators Brassey and Murphy spoke on behalf of Senator Harry Yost.
[February 19
SENATE JOURNAL
The following Memorial was read at length by the Secretary: A SENATE MEMORIAL WHEREAS, Senator Neph W. Hansen passed on July 22, 1969, and WHEREAS, the late Senator Neph W. Hansen served this Senate in the interests of Butte County during the Twenty-fourth, Twenty-fifth and Twenty-sixth Sessions in 1937, 1939 and 1941. He also served in the House of Representatives during the Thirty-first Session in 1951. NOW, THEREFORE, BE IT RESOLVED that the Senate of the Forty-first Session of the Legislature of the State of Idaho draw public attention by this Memorial to the life and works of Neph W. Hansen, and BE IT FURTHER RESOLVED that the Senate of the Forty-first Session of the Idaho Legislature extend to the bereaved family the heartfelt sympathy of this entire body, and BE IT FURTHER RESOLVED that the Secretary of the Senate be, and he is hereby instructed to spread this Memorial upon the Journal of the Senate, and to mail copies to the members of the Hansen family. Senator Allen spoke on behalf of Senator Neph Hansen. The following Memorial was read at length by the Secretary: A SENATE MEMORIAL WHEREAS, Senator Frank H. Lafrenz passed on August 31, 1969, and WHEREAS, the late Senator Frank H. Lafrenz served this Senate in the interests of Kootenai County during the Twenty-second and Twenty-third Sessions in 1933 and 1935. NOW, THEREFORE, BE IT RESOLVED that the Senate of the Forty-first Session of the Legislature of the State of Idaho draw public attention by this Memo rial to the life and works of Frank H. Lafrenz, and BE IT FURTHER RESOLVED that the Senate of the Forty-first Session of the Idaho Legislature extend to the bereaved family the heartfelt sympathy of this entire body, and BE IT FURTHER RESOLVED that the Secretary of the Senate be, and he is hereby instructed to spread this Memorial upon the Journal of the Senate, and to mail copies to the members of the Lafrenz family. Senator Manley spoke on behalf of Senator Frank Lafrenz. The following Memorial was read at length by the Secretary: A SENATE MEMORIAL WHEREAS, Senator Lloyd Adams passed on August 14, 1969, and WHEREAS, the late Senator Lloyd Adams served this Senate in the interests of Madison County during the Fifteenth Session in 1919. NOW, THEREFORE, BE IT RESOLVED that the Senate of the Forty-first Session of the Legislature of the State of Idaho draw public attention by this Memorial to the life and works of Lloyd Adams, and BE IT FURTHER RESOLVED that the Senate of the Forty-first Session of the Idaho Legislature extend to the bereaved family the heartfelt sympathy of this en tire body, and BE IT FURTHER RESOLVED that the Secretary of the Senate be, and he is hereby instructed to spread this Memorial upon the Journal of the Senate, and to mail copies to the members of the Adams family. Senator Rigby spoke on behalf of Senator Lloyd Adams.
ill
The following Memorial was read at length by thE Secretary: A SENATE MEMORIAL WHEREAS, Senator David Parry Jones passed on ir August of 1970, and WHEREAS, the late Senator David Parry Jones servec this Senate in the interests of Oneida County during thc Twenty-ninth, Thirtieth, and Thirty-first Sessions in 1947 1949 and 1951. NOW, THEREFORE, BE IT RESOLVED that thE Senate of the Forty-first Session of the Legislature o] the State of Idaho draw public attention by his Memoria. to the life and works of David Parry Jones, and BE IT FURTHER RESOLVED that the Senate of thf Forty-first Session of the Idaho Legislature extend tc the bereaved family the heartfelt sympathy of this en tire body, and BE IT FURTHER RESOLVED that the Secretary ol the Senate be, and he is hereby instructed to spread thh Memorial upon the Journal of the Senate, and to maT. copies to the members of the Jones family. Senator Evans spoke on behalf of Senator David ,i ones The Kiwanis Boys Choir sang, â&#x20AC;&#x153;This Is My Countryâ&#x20AC;&#x2122; directed by Bruce Walker and accompanied by Terr Dalton. Benediction by Senator Rigby: Our righteous and eternal Father in Heaven we ex press our appreciation and thanks to Thee for this day We are grateful for the state of Idaho, for this nation for the principles upon which it was organized, by whici it has been fostered and developed and the blessingi that it brings to us as a part of this great institutior today. We are grateful for the opportunity as families anc friends and colleagues of those who have been in th Chambers who have now passed on. To reminisce this da3 about their stalwart characteristics and principles of theh lives, and we thank Thee for the great institution thai they have built. May we, in this day, guard jealousl3 and promote and protect, those doctrines and principle that have given this state the place in the United State that it has, and we are thankful for those members o] the families of these deceased legislators who could bE with us today. Would Thou protect them and take then to their several homes in safety with our love and witi our appreciation for the services of their good husbands fathers and loved ones. We thank Thee for these bless ings and we close this meeting asking for Thy blessings Be with us at all times in the name of Jesus Christ. Amen Members of the Memorial Day Committee were: Sena tor Steen, Chairman, and Senators Allen and Bilyeu. Senator Steen declared the Memorial Services dis. solved. President Murphy called the Senate to order. The Committee came forward and escorted the Gover nor back to his office. On motion by Senator Allen, seconded by Senator Bil: yeu, the Memorials were adopted by the Senate, anc ordered spread upon the pages of the Senate Journal. Prior to the Memorial Services the Senate was at tlu Thirteenth Order of Business. Third Reading of Bills On request by Senator Brassey, granted by unanimous consent, S. 1075, as amended, retained its place on the Thin Reading Calendar for one legislative day. On request by Senator Chase, granted by unanimou consent, S. 1113 retained its place on the Third Readin Calendar for one legislative day. On request by Senator Solberg, granted by unanimow consent, HJ.R. 1 retained its place on the Third Readin Calendar for one legislative day.
SENATE JOURNAL On request by Senator Bivens, granted by unanimous onsent, S. 1125 retained its place on the Third Reading Calendar for one legislative day. The Committee appointed to wait upon and escort Covernor Andrus to his office returned and expressed bhe appreciation of the Governor for the invitation to attend the Memorial Services. The President thanked and discharged the Committee. The President announced S. 1106 was before the Senate ror consideration. S. 1106 was read the third time at length, section by section and placed before the Senate for final considera LIon, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Barker, Bilyeu, Bivens, Chase, Cobbs, Crook ham, Crutcher, Evans, Kidwell, Klein, Manning, Miller, fitchell, Mix, Murphy, Rigby, Steen, Stoicheff, Summers, Swenson. Total—20. NAYS Allen, Brown, Budge, Ellsworth (30), Saxvik. Total—5. Absent and excused Brassey, Egbert, Ellsworth (20), Fredericksen, High, Manley, Peavey, Solberg, Williams, Yarbrough. Total—lO. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to bhe House. —
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The President called Senator Summers to the Chair. On request by Senator Stoicheff, granted by unanimous onsent, S. 1087, as amended, retained its place on the Third Reading Calendar for one legislative day. On request by Senator Kidwell, granted by unanimous Donsent, H. 48, as amended in the Senate, retained its place on the Third Reading Calendar until Monday, Febru ary 22, 1971. S. 1102 was read the third time at length, section by section and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans. Kidwell, Klein, Manning, Miller, k’ditchell, Murphy, Peavey, Rigby, Saxvik, Steen, Stoicheff, Summers, Swenson. Total—27. —
NAYS
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None.
Absent and excused Brassey, Fredericksen, High, If anley, Mix, Solberg, Williams, Yarbrough. Total—8. —
Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to bhe House. S. 1126 was read the third time at length, section by section and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brown, Budge, AYES Chase, Cobbs, Crutcher, Egbert, Ellsworth (20), Ells worth (30), Evans, Kidwell, Klein, Manning, Miller Mit chell, Mix, Murphy, Rigby, Saxvik, Steen, Stoicheff, Summers, Swenson, Yarbrough. Total—27. None. NAYS
February 19]
Absent and excused Brassey, Crookham, Fredericksen, High, Manley, Peavey, Solberg, Williams. Total—8. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. There being no objection, the Senate returned to the Third Order of Business. —
Reading and Correction of the Journal The JUDICIARY AND: RULES Committee reports that the Senate Journal of the proceedings of Thursday, Feb ruary 18, 1971 was read and approved as corrected. KLEIN, Chairman. Report adopted. Reports of Standing Committees February 18, 1971. The LABOR AND ECONOMIC DEVELOPMENT Com mittee reports out S. 1097 without recommendation. ELLSWORTH (30), Chairman. February 19, 1971. The LOCAL GOVERNMENT AND TAXATION Com mittee reports out H. 135 without recommendation. BROWN, Chairman. 5. 1097 and H. 135 were filed for second reading. February 19, 1971. The LOCAL GOVERNMENT AND TAXATION Com mittee reports out H. 131 with the recomendation that it be referred to the Transportation Committee. BROWN, Chairman. H. 131 was referred to the Transportation Committee. February 18, 1971. The LABOR AND ECONOMIC DEVELOPMENT Com mittee reports out II, 72 with the recommendation that it do pass. ELLSWORTH (30), Chairman. February 19, 1971. The LOCAL GOVERNMENT AND TAXATION Com mittee reports out S. 1124, S. 1090 and H. 152 with the recommendation that they do pass. BROWN, Chairman. H. 72, S. 1124, S. 1090 and II. 152 were filed for sec ond reading. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec onded by Senator Crutcher, the Senate adjourned until 10:00 o’clock a.m., Saturday, February 20, 1971.
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H. DEAN SUMMERS, Acting President. Attest: ARTHUR WILSON, Secretary.
[February 20
SENATE JOURNAL
FORTY-FIRST LEGISLATIVE DAY SATURDAY, FEBRUARY 20, 1971 Senate Chamber, Boise, Idaho, February 20, 1971. President Murphy called the Senate to order at 10:00 o’clock a.m. Roll call showed all members present except Senators Allen and Righy, excused. Senator Rigby was excused to meet with the 7th Judicial District on consideration of Uniform Probate Code, S. 1050. The following prayer was offered by Chaplain Newell Morgan: Our Merciful God and Father, Whose law is truth, and Whose statutes stand forever, grant to us a full measure of Thy Presence throughout this day. In these days in the life of this Nation and this State, days so freighted with destiny, grant to all responsible as elected officials wisdom and guidance. May these who serve as Senators and President of the Senate be granted skill, wisdom, ability and dedication that they may in the remaining days of this legislative session accomplish all things needful in the government of the people and for the people of this State. In Our Lord’s Name, Amen. Reports of Standing Committees February 19, 1971. The JUDICIARY AND RULES Committee reports out S. 1078 with the recommendation that it be referred to the Fourteenth Order of Business for amendment. KLEIN, Chairman. 5. 1078 was referred to the General Calendar for amendment. February 19, 1971. The JUDICIARY AND RULES Committee reports out H. 68 without recommendation. KLEIN, Chairman. February 19, 1971. The JUDICIARY AND RULES Committee reports out 5. 1050, S. 1121 and 5. 1122 with the recommendation that they do pass. KLEIN, Chairman. H. 68, S. 1050, S. 1121 and S. 1122 were filed for sec ond reading. The President called President Pro-Tempore to the Chair. February 20, 1971. The JUDICIARY AND RULES Committee reports that 5. 1159, S. 1160, S. 1161, S. 1162 and S. 1163 have been correctly printed. KLEIN, Chairman. Committee. Finance to the 5. 1159 was referred S. 1160, S. 1161 and S. 1162 were referred to the State Affairs Committee. S. 1163 was referred to the Health, Education and Wel fare Committee. Messages from the House February 19, 1971. Mr. President: I transmit herewith Enrolled H. 64 which has been signed by the Speaker. FITZWATER, Chief Clerk.
11
The President Pro-Tempore announced he was about tc sign Enrolled H. 64 and when so signed, ordered it re turned to the House. February 19, 1971. Mr. President: I transmit herewith H. 150, H. 174, II. 155, H. 156 H. 157, H. 158, H. 172. H. 200, H. 175, H. 167 and H. 17t and return herewith S. 1066, S. 1048, as amended in th House, S.J.M. 106, S. 1015, as amended in the House, an S. 1005 which have passed the House. FITZWATER, Chief Clerk. H. 150, H. 174, H. 155, H. 156, H. 157, H. 158, II. 172 H. 200, H. 175, H. 167 and H. 170 were filed for firs reading. 5. 1066, S.J.M. 106 and 5. 1005 were referred to th Judiciary and Rules Committee for enrolling. S. 1048, as amended in the House, and S. 1015, a amended in the House, were referred to the Tenth Orde of Business, Motions and Resolutions. Motions and Resolutions The President Pro-Tempore announced that S.C.R. i0 was before the Senate for consideration. Moved by Senator Cobbs, seconded by Senator Miller that S.C.R. 109 be adopted. The question being, “Shall the resolution be adopted?’ Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brown, Budge, Chase Cobbs, Crutcher, Egbert, Ellsworth (20) Ellsworth (30) Evans, Fredericksen, High, Kidwell, Klein, Manley, Man ning, Miller, Mitchell, Mix, Murphy, Peavey, Saxvik, Sol berg, Steen, Stoicheff, Summers, Swenson, Williams, Yar brough. Total—31. NAYS—None. Absent and excused—Allen, Brassey, Crookham, Rigby Total—4. Total—35. Whereupon the President Pro-Tempore declared S.C.R 109 adopted, title was approved and the resolution ordere transmitted to the House. The President Pro-Tempore announced that S.J.M. lOi as amended, was before the Senate for consideration. On motion by Senator Kidwell, seconded by Senato: Crutcher, S.J.M. 105, as amended, was adopted, title wa approved and the memorial ordered transmitted to th House. On request by Senator Kidwell, granted by unanimou consent, S. 1048, as amended in the House, was recom mitted to the Local Government and Taxation Committee On request by Senator Kidwell, granted by unanimou consent, S. 1015, as amended in the House, was recom mitted to the Judiciary and Rules Committee. Introduction, First Reading and Reference of Bills S. 1164
By JUDICIARY AND RULES COMMITTEE A BILL Amending Senate Bill Number 1050 of the First Regula Session of the Forty-first Legislature of the State o Idaho, relating to the affairs of decedents and othe matters, amending Section 1 of the printed bill by amend ing 15-2-401 thereof to change the homestead allownnc from $5,000 to $4,000 or $10,000 depending on whethe there are dependent issue; amending 15-2-403 thereof t provide for the surviving spouse alone and for the sur viving spouse who has minor children; amending 15-2-50 to require that a person witnessing a will be over th age of eighteen; amending 15-2-803 thereof to provid
SENATE JOURNAL that a slayer shall not take any community property which he would have received from the slayed person by virtue f devise or descent; amending 15-3-301 thereof by pro siding for applications for informal statements of in testacy where the estate is community and there is a surviving spouse and adding two requirements for the contents of the petition; amending 15-3-302 thereof by providing that the registrar shall issue a written state ment under informal probate of a will if thirty days iave elapsed since death; amending 15-3-303 thereof by requiring the registrar, in the case of informal probate a will when the estate is community and there is a surviving spouse, to make certain determinations; amend ing 15-3-706 thereof by providing mailing of an inventory ;o interested persons who request it; amending 15-3-803 bhereof to limit application of the non-claim statute to ontract claims; amending 15-5-410 thereof by changing the order of who may be appointed conservator of the sstate of a protected person; amending Section 28 of the printed bill to provide that the “augmented estate” provisions shall apply only to couples married after July 1, 1972 or becoming state domiciliaries after such late. S. 1164 was introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. II. 150, H. 174 and H. 175, by State Affairs Committee, were introduced, read the first time at length and referred to the State Affairs Committee. H. 155, H. 156, II. 157, H. 158 and H. 172, by Revenue rnd Taxation Committee, were introduced, read the first bime at length and referred to the Local Government and Taxation Committee. H. 200, by Judiciary, Rules and Administration Com riittee, was introduced, read the first time at length and eferred to the Judiciary and Rules Committee. H. 167 and H. 170, by Transportation and Defense committee, were introduced, read the first time at length rnd referred to the Transportation Committee. Second Reading of Bills S. 1080, by Murphy, was read the second time at length md filed for third reading. S. 1104, by Agricultural Affairs Committee, was read ;ho second time at length and filed for third reading. II. 141, by Agricultural Affairs Committee, was read ;he second time at length and filed for third reading. 5. 1060, by Budge, was read the second time at length md filed for third reading. II. 71, by Education Committee, was read the second ;ime at length and filed for third reading. S. 1030, as amended, by State Affairs Committee, was •ead the second time at length and filed for third reading. S. 1097, by Labor and Economic Development Commit ;ee, was read the second time at length and filed for ;hird reading. H. 135, by Revenue and Taxation Committee, was read he second time at length and filed for third reading. H. 72, by State Affairs Committee, was read the second ;ime at length and filed for third reading. S. 1124 and S. 1090, by Local Government and Taxation 3ommittee, were read the second time at length and filed •or third reading. H. 152, by Revenue and Taxation Committee, was read he second time at length and filed for third reading. On request by Senator Murphy, granted by unanimous onsent, S. 1080 was ordered held on the Third Reading alendar for two legislative days, until Tuesday, Feb ijary 23, 1971. Third Reading of Bills
On request by Senator Crutcher, granted by unanimous
February 20]
consent, S. 1084 retained its place on the Third Reading Calendar for two legislative days, until Tuesday, Feb ruary 23, 1971. On request by Senator Chase, granted by unanimous consent, S. 1113 retained its place on the Third Reading Calendar until Monday, February 22, 1971. S. 1075, as amended, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Saxvik, Solberg, Steen, Summers, Swenson, Wil liams, Yarbrough. Total—32. NAYS—Stoicheff. Total—i. Absent and excused—Allen, Rigby. Total—2. Total—35. Whereupon the President Pro-Tempore declared the bill passed. Title was approved and the bill ordered transmitted to the House. H.J.R. 1 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the resolution be adopted?” Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brassey Brown, Budge, Chase, Cobbs, Crooltham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen. High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough, Total—33. NAYS—None. Absent and excused—Allen, Rigby. Total—2. Total—35. Whereupon the President Pro-Tempore declared that two-thirds having voted in the affirmative, H.J.R. 1 was adopted. Title was approved and the resolution ordered returned to the House. S. 1125 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Barker, Bivens, Brown, Budge, Chase, Crutcher, Ellsworth (30), Fredericksen, High, Kidwell, Mitchell, Mix, Murphy, Peavey, Steen, Summers. Total—16. NAYS Bilyeu, Brassey, Cobbs, Crookham, Egbert, Evans, Klein, Manley, Manning, Miller, Stoicheff, Swen son, Williams. Total—13. Absent and excused Allen, Ellsworth (20), Rigby, Saxvik, Solberg, Yarbrough. Total—6. Total—35. Whereupon the President Pro-Tempore declared the bill passed. Title was approved and the bill ordered transmitted to the House President Pro-Tempore Ellsworth called Senator Kidwell to the Chair. S. 1087, as amended, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Barker, Bilyeu, Bivens, Brown, Budge, Cobbs. —
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115
SENATE JOURNAL
February 22
lrookharn, Crutcher, Egbert, Ellsworth (30), High Kidveil, Klein, Miller, Mix, Peavey, Saxvik Solberg, Steen, 3toicheff, Summers, Swenson, Williams. Total—23. Chase, Evans, Manley, Manning, Mitchell NAYS ‘Iurphy. Total—6. Allen Brassey, Ellsworth (20) Absent and excused ‘redericksen, Rigby, Yarbrough. Total—6. Total—35. Whereupon the Acting President declared S. 1087, as Imended, passed. Title was approved and the bill ordered transmitted to he House. Senator Crutcher, having voted on the prevailing side by vhich S. 1087, as amended, passed in the Senate, served totice that he may on the next legislative day move for t’econsideration of the vote. S. 1087, as amended, was ordered held at the desk. The Acting President called Senator Mix to the Chair. S. 1072 was read the third time at length, section by section and placed before the Senate for final considera :ion, the question being, “Shall the bill pass?” Roll call resulted as follows: Barker, Bilyeu, Bivens, Brassey, Brown, AYES Budge, Chase, Cobbs, Crookham, Egbert, Ellsworth (30), Ilvans, Fredericksen, High, Kidwell, Klein, Manley, Man tling, Miller, Mitchell, Mix, Murphy, Peavey, Saxvik, Solberg, Steen, Stoicheff, Swenson, Williams, Yarbrough. Total—30. Crutcher, Summers. Total—2. NAYS Allen, Ellsworth (20), Rigby. Absent and excused rotal—3. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. S. 1114 was read the third time at length, section by section and placed before the Senate for final considera bion, the question being, “Shall the bill pass?” Roll call resulted as follows: Barker, Bilyeu, Bivens, Brassey, Brown, AYES Budge, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Sax vik, Solberg, Steen, Stoicheff, Summers, Swenson, Wil Liams, Yarbrough. Total—31. None. NAYS Allen, Chase, Ellsworth (20), Absent and excused Rigby. Total—4. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. On request by Senator Kidwell, granted by unanimous ttonsent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Kidwell seconded by Senator Crutcher, the Senate adjourned until 10:00 o’clock a.m., Monday, February 22, 1971. JOHN MIX, Acting President. Attest: ARTHUR WILSON, Secretary.
FORTY-THIRD LEGISLATIVE DAY MONDAY, FEBRUARY 22, 1971 Senate Chamber, Boise, Idaho, February 22, 1971.
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President Pro-Tempore Ellsworth called the Senate to order at 10:00 o’clock a.m. Roll call showed all members present except Senator Mitchell, excused. The following prayer was offered by Chaplain Newell Morgan: We do, as did George Washington and other founding fathers of our great land, acknowledge a faith in Thee. They recognized Thy hand in the forming of a free land, we thank Thee for the inherited freedom and self-govern ment with which we are now blessed. Help this nation, Our Father, that greed, immorality, dishonesty, self interests, blind prejudices, undemocratic procedures shall never rob this land or its people of its freedom. Be with our President and the National Government as our nation charts its way through troubled times. Be with Our Governor and this State’s government as it builds its destiny. Be most close in love and guidance within this Senate Chamber, through this day. In Christ’s Name, Amen. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Friday Feb ruary 19, 1971 was read and approved as correctecL
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KLEIN, Chairman. Report adopted. Reports of Standing Committees February 22, 1971. The JUDICIARY AND RULES Committee reports that S. 1164 has been correctly printed.
KLEIN,
Chairman. S. 1164 was referred to the Judiciary and Rules Com mittee. February 22, 1971. The FINANCE Committee reports out S. 1153, S. 1154, S. 1157, S. 1158 and 5. 1159 with the recommendation that they do pass.
HIGH, Chairman. 5. 1153, S. 1154, 5. 1157, S. 1158 and S. 1159 were filed
for second reading.
February 22, 1971. The JUDICIARY AND
RULES
Committee reports
that S. 1005 and S.J.M. 106 have been correctly enrolled KLEIN, Chairman. The President Pro-Tempore announced he was about to sign Enrolled S. 1005 and S.J.M. 106 and, when so signed, ordered them transmitted to the House. February 22, 1971. The HEALTH, EDUCATION AND WELFARE Com. mittee reports out S. 1077 and S. 1135 without recom mendation. BARKER, Chairman. 5. 1077 and S. 1135 were filed for second reading.
SENATE JOURNAL Messages from the Governor STATE OF IDAHO Office of the Governor BOISE February 20, 1971 Honorable Jack Murphy President of the Senate Senate Chambers Building Dear Mr. President: I have the honor to inform you that I have this day approved and am transmitting to the Secretary of State the following Senate Bill, to-wit: SENATE BILL 1067 Sincerely, Is! CECIL D. ANDRUS Governor The President Pro-Tempore ordered the letter filed in the office of the Secretary of the Senate. Messages from the House February 20, 1971. Mr. President: I transmit herewith Enrolled H. 114, H. 115 and II. 116 which have been signed by the Speaker. FITZWATER, Chief Clerk. The President Pro-Tempore announced he was about to sign Enrolled H. 114, H. 115 and H. 116 and, when so signed, ordered them returned to the House. February 20, 1971. Mr. President: 1 transmit herewith H. 208, H. 207, H. 205, H. 211, Fl. 188 and I return herewith S. 1095, S. 1094 and S. 1026 which have passed the House. FITZWATER, Chief Clerk. II. 208, H. 207, H. 205, II. 211 and H. 188 were filed or first reading. S. 1095, S. 1094 and S. 1026 were referred to the Judi iary and Rules Conimittee for enrolling. Motions and Resolutions Senator Crookham gave notice that he may call for 1047 to be reported out of the Health, Education and Welfare Committee on the next legislative day. Senator Crutcher, having previously served proper iotice, moved that the vote by which S. 1087, as amended, passed in the Senate, be now reconsidered. Seconded by Senator Evans. Roll call vote was requested by Senators Crutcher, Iurphy and Mix. The question being, “Shall the motion pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Brassey, Brown, Budge, AYES Dhase, Cobbs, Crutcher, Egbert, Ellsworth (20), Ells worth (30), Evans, Fredericksen High, Klein, Manley, vIanning, Mix, Murphy, Rigby, axvik, Solberg, Steen, toicheff, Summers. Swenson. Total—27. NAYS Bivens, Crookham, Kidwell, Miller, Peavey, Villiams, Yarbrough. Total—7. Absent and excused Mitchell. Total—i. Total—35. Whereupon the President Pro-Tempore declared the notion passed and S. 1087, as amended, was before the senate for final consideration. The question being, “Shall the bill pass?” .
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February 22)
Roll call resulted as follows: Allen, Barker, Bivens, Brassey, Brown, Budge, AYES Cobbs, Crookham, Ellsworth (20), High, Kidwell, Klein, Miller, Peavey, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—i9. Bilyeu, Chase, Crutcher, Eghert. Ellsworth NAYS (30), Evans, Fredericksen, Manley, Manning, Mix, Mur phy, Rigby, Saxvik, Solberg, Steen. Total—i5. Mitchell. Total—i. Absent and excused Total—35. Whereupon the President Pro-Tempore declared S. 1087, as amended, passed. Title was approved and the bill ordered transmitted to the House. Senator Brown arose on a point of personal privilege to introduce former Senator Rollie Campbell from New Meadows, Idaho. The President Pro-Tempore welcomed the former Sena tor to the Senate Chamber. Introduction, First Reading and Reference of Bills S. 1165 By TRANSPORTATION COMMITTEE AN ACT Amending Chapter 26, Title 49, Idaho Code, relating to snowmobiles, by the addition of a new Section 49-2608A; creating a County Snowmobile Advisory Committee and setting forth their functions. —
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S. 1166 By HEALTH, EDUCATION AND WELFARE COMMITTEE AN ACT Repealing Section 33-3604, Idaho Code, relating to the determination of the cost to Idaho for students attend ing out of state schools, the method for repaying this amount, and cancellation of debt where student prac tices profession in Idaho. S. 1165 and S. 1166 were introduced, read the first time at length and referred to the Judiciary and Rules Commit tee for printing. H. 208 and H. 207, by Health and Welfare Committee, were introduced, read the first time at length and referred to the Health, Education and Welfare Committee. II. 205 and H. 211, by Local Government Committee, were introduced read the first time at length and referred to the Local Government and Taxation Committee. H. 18$, by State Affairs Committee, was introduced, read the first time at length and referred to the State Affairs Committee. Second Reading of Bills H. 68 by Judiciary, Rules and Administration Commit tee, was read the second time at length and filed for third reading. S. 1050, S. 1121 and S. 1122, by Judiciary and Rules Committee, were read the second time at length and filed for third reading. Third Reading of Bills On request by Senator Kidwell, granted by unanimous consent, H. 48, as amended in the Senate, retained its place on the Third Reading Calendar for one legislative day. Senator Ellsworth, 30, requested H. 72 be referred to the Fourteenth Order of Business, for amendment. Senator Manning objected. Moved by Senator Ellsworth, 30, seconded by Senator Bivens, that H. 72 be referred to the Fourteenth Order of Business, for amendment. Roll call vote was requested by Senators Manning, Bil yeu and Evans.
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February 22
The question being, “Shall the motion pass ?“ Roll call resulted as follows: Allen, Barker, Bivens, Brassey, Brown, Budge, AYES Dobbs, Ellsworth (20), Ellsworth (30), High, Kidwell, EQein, Peavey, Rigby, Saxvik, Swenson, Williams, Yar )rough. Total—18. Bilyeu, Chase, Crookham, Evans, Frederick NAYS ;en, Manley, Manning, Miller, Mix, Murphy, Solberg, 3teen, Stoicheff. Total—13. Crutcher, Egbert, Mitchell, Sum Absent and excused ners. Total—4. Total—35. Whereupon the President Pro-Tempore ordered H. 72 )laced on the General Calendar for amendment. President Pro-Tempore called Senator Yarbrough to ;ho Chair. S. 1113 was read the third time at length, section by section and placed before the Senate for final considera ;ion, the question being, “Shall the bill pass?” Roll call resulted as follows: Bilyeu, Brassey, Chase, Cobbs, Crookham, AYES ‘redericksen, Miller, Mix, Murphy, Summers. Total—lO. Allen, Barker, Bivens, Brown, Budge, Crutcher, NAYS gbert, Fllsworth (20), Ellsworth (30), Evans, High, Kid rell, Klein, Manley, Manning, Peavey, Rigby, Saxvik, Sol )erg, Steen, Stoicheff, Swenson, Williams, Yarbrough. Potal—24. Mitchell. Total—i. Absent and excused Total—35. Whereupon the Acting President declared the bill lost rnd ordered it filed in the office of the Secretary of the senate. Senator Crutcher, having voted on the prevailing side y which S. 1113 lost in the Senate, served notice that ie may on the next legislative day move for reconsidera ;ion of the vote. The Acting President ordered S. 1113 held at the desk. On request by Senator High, granted by unanimous onsent, II. 135, H. 195, S. 1124 and S. 1030, as amended, vere retained on the Third Reading Calendar for one egislative day. On motion by President Pro-Tempore Ellsworth, sec )nded by Senator Mix, the Senate recessed until 2:00 ‘clock p.m., of this day. RECESS Afternoon Session The Senate reconvened at 2:00 o’clock p.m., pursuant :0 recess, President Pro-Tempore Ellsworth presiding. Roll call showed all members present except Senator ,litchell, excused. Prior to recess the Senate was at the Thirteenth Order if Business. There being no objection, the Senate returned to the E’ifth Order of Business. Presentation of Petitions, Resolutions and Memorials The following memorial was read at length by the secretary: S.J.M. 108 By STATE AFFAIRS COMMITTEE A JOINT MEMORIAL To the Honorable Senate and the House of Representa bives in Congress assembled, and the Honorable Con ressional Delegation representing the State of Idaho in the Congress of the United States. We, your Memorialists, the Senate and House of Rep—
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resentatives of the state of Idaho, assembled in the First Regular Session of the Forty-first Idaho Legislature, do hereby respectfully request that: WHEREAS, the maintenance of a healthy and demo cratic federal balance depends upon maintenance of viable state and local units of government; and WHEREAS, the states presently rely heavily upon the highly regressive and inelastic revenue sources of consumer taxes and property taxes while the national government has virtually preempted the use of the grad uated income tax; and WHEREAS, the resulting fiscal imbalance threatens the ability of state and local governments to continue to provide essential services to the people; and WHEREAS, recently, attention has been focused upon various plans of revenue sharing to alleviate the drain upon state resources; and WHEREAS, revenue sharing proposals now under con sideration entail collection by the national government with subsequent redistribution to the states which is a costly and time consuming process; and WHEREAS, alternate plans to achieve a form of revenue sharing should be explored to insure achieve ment of the most efficient program of distribution. NOW, THEREFORE, BE IT RESOLVED by the First Regular Session of the Forty-first Idaho Legislature now in session, the Senate and the House of Representatives concurring therein, that we most respectfully urge the Congress of the United States of America to conduct investigation into alternate means of distribution to state and local governments and specifically to consider a method of federal income tax credit toward individual state tax with direct payment made at the same time and in the same manner as state income taxes. BE IT FURTHER RESOLVED that the Secretary of the Senate be, and he is hereby authorized and directed to forward copies of this Memorial to the President of the Senate and the Speaker of the House of Representa tives of the Congress of the United States, and to the Senators and Representatives representing this state in the Congress of the United States. S.J.M. 108 was referred to the Judiciary and Rules Com mittee for printing. Reports of Standing Committees
February 22, 1971. The STATE AFFAIRS Committee reports out S. 1151 and S. 1162 with the recommendation that they do pass. SUMMERS, Chairman. S. 1151 and S. 1162 were filed for second reading. February 22, 1971. The STATE AFFAIRS Committee reports they have had under consideration the Gubernatorial appointments listed below and recommend that said appointments be confirmed by the Senate. Mrs. Vena Waggoner to a four year term on the State Historical Society. Mr. Scott Reed to a four year term on the Water Resource Board commencing January 1, 1971. Mr. John Streiff to a four year term on the Water Resource Board commencing January 1, 1971. Mr. George Yost to a four year term on the Water Resource Board commencing January 1, 1971. SUMMERS, Chairman. The Gubernatorial appointments were referred to the Tenth Order of Business, Motions and Resolutions, am ordered held at the desk for one legislative day.
SENATE JOURNAL Introduction, First Reading and Reference of Bills S. 1167 By AGRICULTURAL AFFAIRS COMMITTEE AN ACT Amending Section 25-2118, Idaho Code, relating to animals on range land and defining range land; and amending Section 25-2119, Idaho Code, relating to pre sumptions and inferences in civil actions for damages arising from collisions between vehicles and domestic animals. S. 1168 By AGRICULTURAL AFFAIRS COMMITTEE AN ACT Providing for signs warning against danger of live stock on highways traversing livestock areas and au thorizing signs at places where persons, livestock, equip ment or vehicles regularly and frequently cross highways. S. 1167 and 5. 1168 were introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Thirteenth Order of Business. Third Reading of Bills 5. 1115 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20) Ells worth (30), Evans, Kidwell, Klein, Manning, Miller, Mix, Murphy, Peavey, Rigby, Saxvik, Steen, Stoicheff, Swenson. Total—25. NAYS—None. Bivens, Brassey, Fredericksen, Absent and excused High, Manley, Mitchell, Solberg, Summers, Williams, Yar brough Total—lO. Total—35. Whereupon the President Pro-Tempore declared the bill passed. Title was approved and the bill ordered transmitted to the House. 5. 1129 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Budge, Chase, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Klein, Manning, Miller, Mix, Murphy, Stoicheff. Total—17. NAYS—Brown, Cobbs, Evans, Kidwell, Rigby, Saxvik, Steen, Summers, Swenson. Total—9. Absent and excused—Brassey, Fredericksen, High, Man [ey, Mitchell, Peavey, Solberg, Williams, Yarbrough. Total —
Total—35. Whereupon the President Pro-Tempore declared the Eñll passed. Title was approved and the bill ordered transmitted bo the House. Senator Bivens, having voted on the prevailing side y which 5. 1129 passed in the Senate, gave notice that ie may on the next legislative day move for reconsidera bion of the vote. The President Pro-Tempore ordered 5. 1129 held at the lesk for one legislative day.
February 22)
President Pro-Tempore called Senator Mix to the Chair. 5. 1104 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Crook ham, Egbert, Ellsworth (20), Evans, Kidwell, Klein, Man ning, Miller, Mix, Murphy, Rigby, Saxvik, Summers, Swen son. Total—19. NAYS—Budge, Chase, Cobbs, Crutcher, Ellsworth (30), Stoicheff. Total—6. Absent and excused—Brassey, Fredericksen, High, Man ley, Mitchell, Peavey, Solberg, Steen, Williams, Yarbrough. Total—lO. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. On request by Senator Evans, granted by unanimous consent, II. 141 retained its place on the Third Reading Calendar for one legislative day. The Acting President announced that S. 1060 was now before the Senate for final consideration. Call of the Senate was requested by Senators Crutcher, Manning and Chase. Whereupon the Acting President ordered the door keepers to lock the doors permitting no Senator or the President to leave or enter the chambers except the Sergeant-at-Arms with absent members. Roll call showed Senators Klein, Miller and Mitchell absent. The Sergeant-at-Arms reported to the Acting President that all members were now present in the Senate Cham ber, except Senator Mitchell, excused. On request by Senator Crutcher, granted by unanimous consent, the Call of the Senate was lifted. Senator Swenson requested unanimous consent that S. 1060 be recommitted to the State Affairs Committee. Senator Crutcher objected. Moved by Senator Swenson, seconded by Senator Brown, that S. 1060 be recommitted to the State Affairs Committee. Roll call vote was requested by Senators Manning, Fredericksen and Chase. The question being, “Shall S. 1060 be recommitted to the State Affairs Committee?” Roll call resulted as follows: AYES Allen, Brown, Stoicheff, Summers. Total—4, NAYS Barker, Bilyeu, Bivens, Brassey, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley. Manning, Miller, Mix, Rigby, Saxvik, Sol berg, Steen, Swenson, Williams, Yarbrough. Total—28. Absent and excused Mitchell, Murphy, Peavey. Total -3. Total—35. Whereupon the Acting President declared the motion lost. S. 1060 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Brassey, Budge. Total—2. —
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SENATE JOURNAL
tFebruary 23
Allen, Barker, Bilyeu, Bivens, Brown, Chase, NAYS Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Bus worth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mix, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—31. Mitchell, Murphy. Total—2. Absent and excused Total—35 Whereupon the Acting President declared S. 1060 lost and ordered the bill filed in the office of the Secretary of the Senate. H. 71 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass ?“ —
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Roll call resulted as follows: Allen. Barker, Bilyeu, Bivens, Brown, Cobbs, AYES Crutcher, Ellsworth (30), Evans, Klein, Manning, Mix, Rigby, Saxvik, Steen, Stoicheff, Summers, Swenson. Total—18. Budge, Crookham, Kidwell. Total—S. NAYS Brassey, Chase, Egbert, Ells Absent and excused worth (20), Fredericksen, High, Manley, Miller Mitchell, Murphy, Peavey, Solberg, Williams, Yarbrough. Uotal—i4. —
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Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. S. 1097 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen. Barker, Bivens, Brown, Budge, Cobbs, AYE S Ellsworth (30), Klein, Manning, Rigby, Steen, Summers, Swenson. Total—13. Bilyeu, Crookham, Crutcher, Evans, Kidwell, NAYS Miller, Mix, Murphy, Saxvik, Stoicheff. Total—lO. Brassey, Chase, Egbert, Ells Absent and excused worth (20), Fredericksen, High. Manley, Mitchell, Peavey, Solberg, Williams, Yarbrough. Total—12. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. Senator Manning, having voted on the prevailing side by which S. 1097 passed in the Senate, served notice that he may on the next legislative day move for reconsidera tion of the vote. The Acting President ordered S. 1097 held at the desk for one legislative day. —
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S. 1090 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brown, Budge, AYES Cobbs, Crookham, Ellsworth (30), Evans, Kidwell, Klein, Manning, Miller, Mix, Murphy, Rigby, Saxvik, Steen, Stoicheff, Swenson. Total—21. —
Crutcher. Total—i. NAYS Brassey, Chase, Egbert, Ells Absent and excused worth (20), Fredericksen, High, Manley, Mitchell, Peavey, Solberg, Summers, Williams, Yarbrough. Tota]—13. Total—35. —
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Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted lx the House. Senator Crutcher arose on a point of personal privilegc to introduce former Senator Carl Moore from Lewiston Idaho, who delivered a few remarks to the members oi the Senate. The Acting President thanked and welcomed the forme Senator to the Senate Chamber. H. 152 was read the third time at length, section b section and placed before the Senate for final considera tion, the question being, “Shall the bill pass ?“ Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brown, Budge AYES Chase, Cobbs, Crookham, Ciutcher, Ellsworth (30) Evans Kidwell, Klein, Manning, Miller, Mitchell, Mix, ivlurphy, Rigby, Saxvik, Stoicheff, Summers, Swenson. Total—24. Steen. Total—i. NAYS Brassey. Egbert, Ellsworth (20) Absent and excused Fredericksen, High, Manley, Peavey, Solberg, Williams Yarbrough. Total—i0. Total—35. Paired and included in roll call: AYE: Mitchell. NAY: Steen. Whereupon the Acting President declared the bill passed. Title. was approved and the bill ordered returned tc the House. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Fifteenth Order oi Business. Miscellaneous Business On motion by Senator Kidwell, seconded by Senatoi Crutcher, the Senate adjourned until 10:00 o’clock n.m. Tuesday, February 23, 1971. JOHN MIX, Acting President. Attest: ARTHUR WILSON, Secretary. —
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FORTY-FOURTH LEGISLATIVE DAY TUESDAY, FEBRUARY 23, 1971 Senate Chamber, Boise, Idaho, February 23, 1971. President Pro-Tempore Ellsworth called the Senate tc order at 10:00 o’clock n.m. Roll call showed all members present except Senator Manning and Mitchell, excused. The following prayer was offered by Chaplain Newel Morgan: Our God and Father, for the beauty of our world ant the joy of friendship we thank Thee. Let all lovel3 things fill us with gladness. May these things assure ja of Thy Eternal Presence. Give each one in the Senate Chamber, Our God, strong and vivid sense that Thou art by their side to guid and sustain. As the pressure of time, the weight of decision, whei bodies are tired, when ideas conflict, when minds becom confused, give to each of these men and women the ful
SENATE JOURNAL neasure of Thy love and confidence born out of faith in [‘hee. Help these persons to accomplish in wisdom and apability the tasks to which they have been elected. May ;hey enter into their rest this night, each with a deep ense of satisfaction, because of the accomplishments of ;his day. In Jesus’ Name, Amen. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that he Senate Journal of the proceedings of Saturday, Feb uary 20, 1971 was read and approved as corrected. KLEIN, Chairman. Report adopted. Reports of Standing Committees February 23, 1971. The JUDICIARY AND RULES Committee reports hat S. 1165, S. 1166, S. 1167, S. 1168 and S.J.M. 108 have een correctly printed. KLEIN, Chairman. S. 1165 was referred to the Transportation Committee. S. 1166 was referred to the Health, Education and Wel are Committee. S. 1167 and S. 1168 were referred to the Agricultural ffairs Committee. S.J.M. 108 was referred to the Tenth Order of Business, 4:otions and Resolutions, and ordered held at the desk for wo legislative days. February 22, 1971. The LOCAL GOVERNMENT AND TAXATION Corn aittee reports out S. 1132 with the recommendation that be referred to the Fourteenth Order of Business. BROWN, Chairman. S. 1132 was referred to the General Calendar. February 22, 1971. The LOCAL GOVERNMENT AND TAXATION Corn aittee reports out H. 57 without recommendation. BROWN, Chairman. February 22, 1971. The LOCAL GOVERNMENT AND TAXATION Com ciittee reports out H. 134, H. 153, H. 155, H. 156, H. 157, [. 158, H. 211 and H. 205 with the recommendation that hey do pass. BROWN, Chairman. H. 57, H. 134, H. 153, H. 155, H. 156, H. 157, H. 158, t. 211 and H. 205 were filed for second reading. February 23, 1971. The JUDICIARY AND RULES Committee reports that 1026, S. 1066, S. 1094 and S. 1095 have been correctly nrolled. KLEIN, Chairman. The Président Pro-Tempore announced he was about sign Enrolled S. 1026, S. 1066, S. 1094 and S. 1095 and rhen so signed, ordered them transmitted to the House or the signature of the Speaker. February 23, 1971. The STATE AFFAIRS Committee reports out H. 174, [. 146, S. 1149, H. 188 and S. 1160 with the recommenda on that they do pass. SUMMERS, Chairman.
February 23)
February 23, 1971. The STATE AFFAIRS Committee reports out H. 60 without recommendation. SUMMERS, Chairman. H. 174, H. 146, S. 1149, H. 188, 5. 1160 and H. 60 were filed for second reading. February 22, 1971. The LOCAL GOVERNMENT AND TAXATION Com mittee reports out S. 1048, as amended in the House, with the recommendation that the Senate concur in the House amendments to S. 1048. BROWN, Chairman. S. 1048, as amended in the House, was referred to the Tenth Order of Business, Motions and Resolutions. Messages from the Governor STATE OF IDAHO Office of the Governor BOISE February 20, 1971 The Honorable Jack Murphy President of the Senate Senate Chamber Building Dear Mr. President: I have the honor to inform you that I have appointed Mr. Ed Schiender to the Water Resource Board for a four-year term to end January 1, 1975. This appointment was made subject to confirmation of the Senate and notice of appointment is hereby appro priately given. Sincerely, Is! CECIL D. ANDRUS Governor STATE OF IDAHO Office of the Governor BOISE February 20, 1971 The Honorable Jack Murphy President of the Senate Senate Chamber Building Dear Mr. President: I have the honor to inform you that I have appointed Mrs. Carol Humphrey to the Idaho State Historical Society for a 6-year term to end January 1, 1977. This appointment was made subject to confirmation by the Senate and notice of appointment is hereby appro priately given. Sincerely, Is! CECIL D. ANDRUS Governor STATE OF IDAHO Office of the Governor BOISE February 20, 1971 The Honorable Jack Murphy President of the Senate Senate Chamber Building Dear Mr. President: I have the honor to inform you that I have appointed Mr. John Caylor to the Idaho State Historical Society for a 2-year term to end January 1, 1973. This appointment was made subject to confirmation by the Senate and notice of appointment is hereby appro priately given. Sincerely, /s! CECIL D. ANDRUS Governor
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[February 23
STATE OF IDAHO Office of the Governor BOISE February 20, 1971 flie Honorable Jack Murphy President of the Senate senate Chamber Building Dear Mr. President: I have the honor to inform you that I have appointed r. Lester J. Peterson to the State Board of Health. Mr. Peterson is to serve at the pleasure of the Governor. This appointment was made subject to confirmation y the Senate and notice of appointment is hereby ap propriately given. Sincerely, Is! CECIL D. ANDRUS Governor The Gubernatorial appointments were referred to the State Affairs Committee. Messages from the House February 22, 1971. Mr. President: I transmit herewith Enrolled H. 74 which has been signed by the Speaker. FITZWATER, Chief Clerk. The President Pro-Tempore announced he was about to sign Enrolled H. 74 and when so signed, ordered it returned to the House. February 22, 1971. Mr. President: I transmit herewith H. 162, H. 69, as amended H. 181, II. 182, H. 148 and return herewith S. 1022 which have passed the House. FITZWATER, Chief Clerk. H. 162, II. 69, as amended, H. 181, H. 182 and H. 148 were filed for first reading. S. 1022 was referred to the Judiciary and Rules Com mittee for enrolling. Motions and Resolutions Senator Crutcher, having previously served proper notice, moved that the vote by which S. 1113 lost in the Senate, be now reconsidered. Seconded by Senator Chase. Roll call vote was requested by Senators Allen, Brassey and Peavey. The question being, “Shall the motion pass?” Roll call resulted as follows: Barker, Bilyeu, Chase, Cobbs, Crookham, AYES Crutcher, Egbert, Fredericksen, High, Kidwell, Manley, Miller, Mix, Murphy, Rigby, Saxvik, Solberg, Stoicheff, Summers. Total—19. Allen, Bivens, Brassey, Brown, Budge, Ells NAYS worth (20), Ellsworth (30), Klein, Peavey, Steen, Swen son, Williams, Yarbrough. Total—13. Evans, Manning, Mitchell. Absent and excused Total—3. Total—35. Whereupon the President Pro-Tempore declared the motion passed and S. 1113 was now before the Senate for consideration. Senator Chase requested unanimous consent that S. 1113 be referred to the Fourteenth Order of Business for amendment. Senator Brown objected. —
Moved by Senator Chase, seconded by Senator Crookham, that S. 1113 be referred to the Fourteenth Order of Business for amendment. Roll call vote was requested by Senators Crookham, Crutcher and Murphy. The question being, “Shall S. 1113 be referred to the Fourteenth Order of Business for amendment?” Roll call resulted as follows: Barker, Bilyeu, Chase, Cobbs, Crookham, AYES Crutcher, Egbert, Evans, Fredericksen, High, Kidwell, Manley, Miller, Mix, Murphy, Rigby, Saxvik, Solberg, Stoicheff, Summers. Total—20. Allen Bivens, Brassey, Brown, Budge, Ells NAYS worth (20), Ellsworth (30), Klein, Peavey, Steen, Swen son, Williams, Yarbrough. Total—13. Manning, Mitchell. Total—2. Absent and excused Total—35. Whereupon the President Pro-Tempore declared th motion passed and ordered S. 1113 referred to the General Calendar for amendment. Senator Manning having previously served notice, hav ing voted on the prevailing side and being absent frorr the Chamber, Senator Rigby in behalf of Senator Manning and also voting on the prevailing side, moved that thE vote by which S. 1097 passed, be now reconsidered. Seconded by Senator Bilyeu. Roll call vote was requested by Senators Crutcher Chase and Murphy. The question being, “Shall the motion pass?” Roll call resulted as follows: Bilyeu, Chase, Crookham, Crutcher, Egbert AYES Evans, Fredericksen, Manley, Miller, Mix, Murphy, Rigby Saxvik, Solberg, Steen, Stoicheff. Total—16. Allen, Barker, Bivens, Brown, Budge, Cobbs NAYS Ellsworth (20), Ellsworth (30), High, Kidwell, Klein Peavey, Summers, Swenson, Williams, Yarbrough. Total— 16. Brassey, Manning, Mitchell Absent and excused Total—3. Total—35. Whereupon the President Pro-Tempore declared thE motion lost and ordered the bill transmitted to the House The President Pro-Tempore announced that the Stat Affairs report regarding the Gubernatorial appointment was before the Senate for consideration. On motion by Senator Barker, seconded by Senato: Crutcher, the Gubernatorial appointment of Mrs. Vem Waggoner to a four year term on the State Historica Society, was confirmed. On motion by Senator Manley, seconded by Senato: Crutcher, the Gubernatorial appointment of Mr. Scot Reed to a four year term on the Water Resource Board was confirmed. —
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On motion by Senator Crutcher, seconded by Senato: Bivens, the Gubernatorial appointment of Mr. John Streif to a four year term on the Water Resource Board, wa; confirmed. On motion by Senator Brown, seconded by Senato: Crutcher, the Gubernatorial appointment of Mr. Georgi Yost to a four year term on the Water Resource Board was confirmed. The President Pro-Tempore directed the Secretary o the Senate to prepare a list, for his signature, of th• Gubernatorial appointment confirmations, attested to b the Secretary, to be transmitted to the Governor inform ing him of the action of the Senate.
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On motion by Senator Bivens, seconded by Senator IWurphy, the Senate concurred in the House amendment to S. 1048. S. 1048, as amended in the House, was referred to the Judiciary and Rules Committee for engrossing. On motion by Senator Kidwell, seconded by Senator vIix. the Senate recessed until 1:30 o’clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant to recess, President Pro-Tempore Ellsworth presiding. Roll call showed all members present except Senators Wanning and Mitchell, excused. Prior to recess the Senate was at the Tenth Order of Business, Motions and Resolutions. Introduction, First Reading and Reference of Bills The President Pro-Tempore announced that S. 1129, held tt the desk for possible reconsideration of the vote by vhich it passed in the Senate, and no motion for recon ;ideration having been received, ordered it transmitted to ho House. S. 1169 By STATE AFFAIRS COMMITTEE AN ACT Amending the charter of the Independent School Dis rict of Boise City, by amending Section 9(17) thereof :o provide a maximum limit on the amount of revenue rhich may be raised by ad valorem taxation and a nethod of increasing said amount by submitting a re tuest therefor to a vote by the taxpayers; declaring an mergency and establishing a retroactive effective date. S. 1170 By HEALTH, EDUCATION AND WELFARE COMMITTEE AN ACT Amending Section 33-3717, Idaho Code, by adding thereo the definition of tuition; defining therein legal voting ge for residency; and providing that military personnel Lssigned in the state of Idaho for the purpose of attending n institution of higher education shall be required to ay nonresident tuition; and declaring an emergency. S. 1171 By COMMERCE AND BANKING COMMITTEE AN ACT Amending Section 28-22-106, Idaho Code, relating to riaximum rate of interest, by providing that parties may gree in writing for the payment of any rate of interest, a money due or to become due on any contract, not to xceed eight per cent per annum; and declaring an mergency. S. 1172 By COMMERCE AND BANKING COMMITTEE AN ACT Amending Section 41-112, Idaho Code, by further de ning the term “transacting insurance” to include mailing ad otherwise delivering any written solicitation to any erson in this state by an insurer or any person acting n behalf of the insurer for fee or compensation; and eclaring an emergency. S. 1173 By COMMERCE AND BANKING COMMITTEE AN ACT Amending Section 67-450, Idaho Code, relating to duties f the Legislative Auditor, by providing that the Legis tive Auditor shall conduct an audit immediately follow ig the resignation or dismissal of any department, gency or division head who is responsible for the ex enditure of state funds.
February 23)
S. 1174 By COMMERCE AND BANKING COMMITTEE AN ACT Amending Chapter 2, Title 3, Idaho Code, relating to the rights and duties of attorneys, by the addition of a new Section 3-207, Idaho Code, to provide that elected public officers may not practice law under certain condi tions. S. 1175 By JUDICIARY AND RULES COMMITTEE A BILL Amending Senate Bill Number 1060 of the First Regular Session of the Forty-first Legislature of the State of Idaho, relating to the affairs of decedents and other matters, amending Section 1 of the printed bill by amend ing Subsection (38) of 15-1-201 to designate magistrates and district judges as registrars of wills; amending 15-1307 to designate magistrates and district judges as regis trars of wills and describe their duties; amending 15-2-401 thereof to change the homestead allowance from $5,000 to $4,000 or $10,000 depending on whether there are dependent issue; amending 15-2-403 thereof to provide for the surviving spouse alone and for the surviving spouse who has minor children; amending 15-2-505 to require that a person witnessing a will be over the age of eighteen; amending 15-2-803 thereof to provide that a slayer shall not take any community property which he would have received from the slayed person by virtue of devise or descent; amending 15-3-301 thereof by pro viding for applications for informal statements of in testacy where the estate is community and there is a surviving spouse and adding two requirements for the contents of the petition; amending 15-3-302 thereof by providing that the registrar shall issue a written state ment under informal probate of a will if thirty days have elapsed since death; amending 15-3-303 thereof by requiring the registrar, in the case of informal probate of a will when the estate is community and there is a sur viving spouse, to make certain determinations; amending 15-3-706 thereof by providing mailing of an inventory to interested persons who request it; amending 15-3-803 thereof to limit application of the non-claim statute to contract claims; amending 15-5-303 to strike reference to an “appropriate official”; amending 15-5-410 thereof by changing the order of who may be appointed con servator of the estate of a protected person; amending 15-6-104 to change burden of proof of gift on joint bank accounts; amending Section 28 of the printed bill to pro vide that the “augmented estate” provisions shall apply only to couples married after July 1, 1972 or becoming state domiciliaries after such date. S. 1169, S. 1170, S. 1171, 5. 1172, S. 1173, 5. 1174 and S. 1175 were introduced, read the first time at length and referred to the Judiciary and Rules Committee for print ing. H. 162, by Revenue and Taxation Committee, was intro duced, read the first time at length and referred to the Local Government and Taxation Committee. H. 69, as amended, by Ravenscroft and Greenawalt, was introduced, read the first time at length and referred to the Resources and Environment Committee. II. 181 and H. 182, by Resources and Conservation Com mittee, were introduced, read the first time at length and referred to the Resources and Environment Committee. H. 148, by Ways and Means Committee, was introduced, read the first time at length and referred to the Resources and Environment Committee. Second Reading of Bills S. 1153, S. 1154, S. 1157, S. 1158 and S. 1159, by Fi nance Committee, were read the second time at length and filed for third reading. 5. 1077 and S. 1135, by Health, Education and Welfare Committee, were read the second time at length and filed for third reading.
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[February 23
S. 1151 and S. 1162, by State Affairs Committee, were read the second time at length and filed for third reading. Third Reading of Bills On request by Senator Murphy, granted by unanimous consent, S. 1080 retained its place on the Third Reading Calendar until Friday, February 26, 1971. On request by Senator Summers, granted by unanimous consent, S. 1084 retained its place on the Third Reading Calendar for two legislative days. On request by Senator Swenson, granted by unanimous consent, H. 141 retained its place on the Third Reading Calendar for one legislative day. The President Pro-Tempore called Senator Barker to the Chair. H. 48, as amended in the Senate, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher Egbert, Ellsworth (30), Evans, Fredericksen, Kidwell IVianley, Miller, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams. Total—28. NAYS—Bivens. Total—i. Ellsworth (20), High, Klein, Absent and excused Manning, Mitchell, Yarbrough. Total—6. Total—35. Whereupon the Acting President declared H. 48, as amended in the Senate, passed. Title was approved and the bill ordered returned to the House. The Acting President announced that II. 135 was before the Senate for final consideration. Call of the Senate was requested by Senators Bivens, Peavey and Ellsworth (30). Whereupon the Acting President ordered the door keepers to lock the doors permitting no Senator or the President to leave or enter the Chambers except the Sergeant-at-Arms with absent members. Roll call showed Senators Egbert, High, Manning and Mitchell absent. The Sergeant-at-Arms reported to the Acting President that all members were now present in the Senate Cham ber, except Senators Manning and Mitchell, excused. On request by Senator Bivens, granted by unanimous consent, the Call of the Senate was lifted. H. 135 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” —
Roll call resulted as follows: AYES Barker, Bilyeu, Chase, Crookham, Egbert, Evans, Fredericksen, Manley, Miller, Mix, Murphy, Rigby, Saxvik, Solberg, Stoicheff. Total—iS. NAYS Mien, Bivens, Brassey, Brown, Budge, Cobbs, Crutcher, Ellsworth (20), Ellsworth (30), High, Kidwell, Klein, Peavey, Steen, Summers, Swenson, Williams, Yar brough. Total—18. Absent and excused Manning, Mitchell. Total—2. Total—35. Whereupon the Acting President declared H. 135 lost and ordered the bill returned to the House. —
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Senator Crutcher, having voted on the prevailing side by which H. 135 lost in the Senate, served notice that he
may on the next legislative day move for reconsideratioi of the vote. The Acting President ordered H. 135 held at the desk H. 195 was read the third time at length, section b section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brown, BudgE AYES Chase, Cobbs, Crookham, Crutcher, Egbert, Ellswortl (20), Ellsworth (30), Evans, Fredericksen, Kidwell, Kle;r Manley, Miller, Mix, Murphy, Peavey, Rigby, Saxvik Solberg, Steen, Stoicheff, Summers, Swenson, W;lham Yarbrough. Total—31. NAYS None. Brassey, High, Manning, Mit Absent and excused chell. Total—4. Total—35. Whereupon the Acting President declared the bi] passed. Title was approved as corrected, and the bill ordere returned to the House. S. 1124 was read the third time at length, section b section and placed before the Senate for final considers tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens. Budge, Chas Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20: Evans, Fredericksen, Kidwell, Klein, Manley, Miller, Mb Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoichef Swenson, Williams, Yarbrough. Total—28. None. NAYS Brassey, Brown, Ellsworth (301 Absent and excused High, Manning, Mitchell, Summers. Total—7. Total—35. Whereupon the Acting President declared the bi passed. Title was approved and the bill ordered transmitted I tho House. On request by Senator Mix, granted by unanimot consent, S. 1030, as amended, was placed at the top the Third Reading Calendar and held for one legislatn day. H. 68 was read the third time at length, section k section and placed before the Senate for final consider tion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bivens, Budge Chase, Cobb AYES Crookham, Crutcher, Egbert, Ellsworth 20), Ellswort (30), Evans, Fredericksen, Klein, Miller, Mix, Murph; Peavey, Rigby, Saxvik, Soiberg, Steen, Swenson, Ya brough. Total—24. NAYS Bilyeu, Manley, Stoicheff, Williams. Total— Absent and excused Brassey, Brown, High, Kidwe] Manning, Mitchell, Summers. Total—7. Total—35. Whereupon the Acting President declared the bi passed. Title was approved and the bill ordered returned I the House. The President Pro-Tempore returned to the Chair. On request by Senator Crutcher, granted by unanimot consent, S. 1122 retained its place on the Third Readin Calendar until Thursday, February 25, 1971. On request by Senator Klein, granted by unanimot —
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onsent, S. 1050 retained its place on the Third Reading )alendar for one legislative day. S. 1121 was read the third time at length, section by ection and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roll call resulted as follows; AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Budge, rookham, Crutcher, Ellsworth (20), Ellsworth (30), Kid ell, Klein, Manley, Mix, Murphy, Peavey, Rigby, Saxvik, ftoicheff, Swenson, Williams. Total—21. NAYS—Steen. Total—i. Absent and excused Brown, Chase, Cobbs, Egbert, vans, Fredericksen, High, Manmng, Miller, Mitchell, Sol erg, Summers, Yarbrough. Total—13. Total—35. Whereupon the President Pro-Tempore declared the ill passed. Title was approved and the bill ordered transmitted o the House. Senator Crookham, having previously served notice, ailed for S. 1047 to be reported out of the Health, Edu ation and Welfare Committee. Moved by Senator Barker, seconded by Senator Bivens, ixt the Health, Education and Welfare Committee be xcused from reporting out S. 1047. Call of the Senate was requested by Senators Evans, rutcher and Murphy. Whereupon the President Pro-Tempore ordered the oorkeepers to lock the doors permitting no Senators or e President Pro-Tempore to leave or enter the Senate hambers. Roil call showed Senators Brown, Egbert, Manning, [itchell and Summers absent. On request by Senator Evans, granted by unanimous msent, the Call of the Senate was lifted. Roll call vote was requested by Senators Crookham, vans and Chase. The question being, “Shall the Health, Education and [effare Committee be excused from reporting out S. —
Roll call resulted as follows: AYES—Allen, Barker, Bivens, Brassey, Budge, Cobbs, llsworth (20), Ellsworth (30), Fredericksen, High KidelI, Klein, Peavey, Rigby, Solberg, Steen, Stoicheff, wenson, Williams, Yarbrough. Total—20, NAYS—Bilyeu, Chase, Crookham, Crutcher, Evans, anley, Miller, Mix, Murphy, Saxvik. Total—iO. Absent and excused—Brown, Egbert, Manning, Mitchell, ummers. Total—5. Total—35. Whereupon the President Pro-Tempore declared the otion passed and the Health Education and Welfare ommittee excused from reporting out S. 1047. On request by Senator Kidwell, granted by unanimous nsent, the Senate advanced to the Fifteenth Order Business. Miscellaneous Business On motion by Senator Kidwell, seconded by Senator ix, the Senate adjourned until 10:00 o’clock n.m., Wed sday, February 24, 1971. JAMES ELLSWORTH, President Pro-Tempore, ttest: ARTHUR WILSON, Secretary.
February 24] FORTY-FIFTH LEGISLATIVE DAY WEDNESDAY, FEBRUARY 24, 1971
Senate Chamber, Boise, Idaho, February 24, 1971. President Pro-Tempore Ellsworth called the Senate to order at 10:00 o’clock n.m. Roll call showed all members present except Senators Brown and Manning, excused. The following prayer was offered by Chaplain Newell Morgan: Our Father, our God, into the calm and confidence of Thy waiting strength we bring our drained resources that the benediction of Thy peace may fall upon our restless lives. For those we know who are ill, we ask healing. For those who are in places of danger, we ask safety. For those who are fearful we ask courage, for the doubters, faith, wisdom for decision. We thank Thee for the privilege and responsibility of self-government. Help this nation, that by what we do, we may prove to the world the adequacy of the democratic processes of government. Help us to learn the ways of peace, not war. May our ships be ships of mercy, not war. May the days come quickly that those who leave our shores may go to build, spreading love; not to destroy by war. Be with all within this Senate Chamber, who carry such heavy responsibilities in all these things. Bless each with Thy love and Presence. In Our Lord’s Name, Amen. Presentation of Petitions, Resolutions and Memorials The following resolution was read at length by the Secretary: S.C.R. 110 By COMMERCE AND BANKING COMMITTEE A CONCURRENT RESOLUTION Stating legislative facts and findings relating to rates, profits and losses of railroads engaged in providing passenger and freight service, directing the Idaho Public Utilities Commission to conduct hearings to determine whether, as a result of discontinued passenger service to Idaho citizens, freight rates should be commensurately reduced to reflect savings to railroad companies for such discontinued service. S.C.R. 110 was referred to the Judiciary and Rules Committee for printing. Reports of Standing Committees February 24, 1971. The JUDICIARY AND RULES Committee reports that S. 1169, S. 1170, 5. 1171, S. 1172, S. 1173, 5. 1174 and S. 1175 have been correctly printed. KLEIN, Chairman. S. 1169 was referred to the State Affairs Committee. S. 1170 was referred to the Health, Education and Wel fare Committee. S. 1171, S. 1172, S. 1173 and S. 1174 were referred to the Commerce and Banking Committee. 5. 1175 was referred to the Judiciary and Rules Com mittee. February 24, 1971. The JUDICIARY AND RULES Committee reports that S. 1022 has been correctly enrolled. KLEIN, Chaiirnian.
[February 24
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The President Pro-Tempore announced he was about to sign Enrolled S. 1022, and when so signed, ordered it transmitted to the House. February 23, 1971. The JUDICIARY AND RULES Committee reports out S. 1015, as amended in the House, with the recommenda tion that the Senate concur in the House amendments. KLEIN, Chairman. S. 1015, as amended in the House, was referred to the Tenth Order of Business, Motions and Resolutions. February 23, 1971. The JUDICIARY AND RULES Committee reports out S. 1144, S. 1145 and S. 1146 with the recommendation that they do pass. KLEIN, Chairman. February 23. 1971. The JUDICIARY AND RULES Committee reports out S. 1116, S. 1139, S. 1140, S. 1141, S. 1142, S. 1143 and S. 1175 with the recommendation that they do pass. KLEIN, Chairman. S. 1144, S. 1145, S. 1146, S. 1116, S. 1139, S. 1140, S. 1141, S. 1142, S. 1143 and S. 1175 were filed for second reading. Messages from the House February 23, 1971. Mr. President: I transmit herewith H. 209 and H. 70 which have passed the House. FITZWATER, Chief Clerk. H. 209 and H. 70 were filed for first reading. February 23, 1971. Mr. President: I return herewith Enrolled S. 1095, S. 1026, S. 1066 and S. 1094 which have been signed by the Speaker. FITZWATER, Chief Clerk. Enrolled S. 1095, S. 1026, S. 1066 and S. 1094 were re ferred to the Judiciary and Rules Committee for trans mittal to the Governor. February 23, 1971. Mr. President: I transmit herewith Enrolled H.J.R. 1 and return here with Enrolled S. 1005 and S.J.M. 106 which have been signed by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign Enrolled H.J.R. 1 and, when so signed, ordered it returned to the House. Enrolled S. 1005 was referred to the Judiciary and Rules Committee for transmittal to the Governor. S.J.M. 106 was referred to the Judiciary and Rules Committee for transmittal to the Secretary of State.
Motions and Resolutions Senator Crutcher, having previously served proper notice, moved that the vote by which H. 135 lost in the Senate, be now reconsidered. Seconded by Senator Miller. Roll call vote was requested by Senators Crutcher, Mitchell and Murphy. The question being, “Shall the motion pass?”
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Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Budge, Chase, Cobba Crookham, Crutcher, Eghert, Ellsworth (30), Evans Fredericksen, Klein, Manley, Manning, Miller, Mitchell Mix, Murphy, Rigby, Sa.xvik, Solberg, Stoicheff. Total—23 NAYS—Bivens, Brassey, Brown, Ellsworth (20)7 High Kidwell, Peavey, Steen, Summers, Swenson, Williams Yarbrough. Total—12. Total—35. Paired and voting included in roll call: AYE: Manning NAY: Steen AYE: Cobbs NAY: Brown Whereupon the President Pro-Tempore declared th motion passed and H. 135 was before the Senate for fina consideration. The question being, “Shall H. 135 pass?” Roll call resulted as follows: AYES—Barker, Bilyeu, Chase, Crookham, Crutcher Egbert, Evans, Fredericksen, Manley, Manning Miller Mitchell, Mix, Murphy, Rigby, Saxvik, Solberg, toicheff Total—18. NAYS—Allen, Bivens, Brassey, Budge, Cobbs, Ellswortl (20), Ellsworth (30), High, Kidwell, Klein, Peavey, Steen Summers, Swenson, Williams, Yarbrough. Total—16. Absent and excused—Brown. Total—i. Total—35. Paired and voting included in roll call: AYE: Manning NAY: Steen Whereupon the President Pro-Tempore declared H. 13 passed. Title was approved and the bill ordered returned tc the House. On motion by Senator Murphy, seconded by Senatoi Miller, the Senate concurred in the House amendmen to S. 1015. S. 1015, as amended in the House, was referred to tis Judiciary and Rules Committee for engrossing. Introduction, First Reading and Reference of Bills S. 1176 By AGRICULTURAL AFFAIRS COMMITTEE ANACT Amending Section 22-2208, Idaho Code, of the Com mercial Sprayers and Dusters Law, to provide that tlu law may hereafter be called the Pesticide Use and Aj plication Law; amending Sections 22-2208, 22-2209, 22. 2210, 22-2211, 22-2212, 22-2213, 22-2214, 22-2216, 22-2225 22-2227, Idaho Code, by striking therefrom many refer ences to insecticides, fungicides, herbicides, defoliants anc plant regulators and substituting therefor the tern “pesticides”; amending Section 22-2209, Idaho Code, bI defining the terms “pest”, “pesticides”, “restricted us pesticide”, “apparatus”, “pesticide applicator” and “pesti cide operator”, and amending the term “public hearing’ to conform to the Idaho Administrative Procedures Act amending Section 22-2210, Idaho Code, to provide fo: division of licenses into classifications, separate testin for such classifications, and providing that there shal be no additional fees for a person wishing to license ii more than one classification, adding the words pesticid applicator and apparatus and setting a due date fo: license fees, stating the information necessary for appli. cations, that nonresident applicants shall designate resident agent for service of process, that the Commis sioner may require other information on applications that any person acting as a pesticide applicator or oper. ator must be licensed annually, that licenses are to b issued to qualified persons, providing for refusal to licens( unqualified persons, retesting, and striking the provisioi
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imiting license suspensions to ten days, setting out pecific reasons, rather than a general statement, as easons for suspending or revoking licenses or refusing o license, providing fees for retesting where the person ias previously failed a test to be set by regulation, mak ng license and other provisions of the act apjlicable to overnmental agencies and public utilities without charge or licensing; amending Section 22-2211, Idaho Code, to larify its language; repealing Section 22-2218, Idaho iode, relating to exemptions; amending Chapter 22, Title 2, Idaho Code, by adding a new Section 22-2218, Idaho Jode, exempting farmers not holding themselves out as )esticide applicators, and persons applying pesticides to awns or gardens and persons engaged in the business f caring for lawns or gardens and governmental agen ies applying pesticides on experimental plots; amending inction 22-2219, Idaho Code, to provide for inspection, ampling and investigation of complaints, areas and esticides; repealing Section 22-2224, Idaho Code, relating o restricted areas for use of 2,4-D and other pesticides; mending Chapter 22, Title 22, Idaho. Code, by adding a iew Section 22-2224, Idaho Code, relating to restricted se pesticides and allowing the Commissioner of Agri ulture to regulate and adopt a list of restricted use esticides and to regulate the use and areas where they re to be used together with time of use and conditions or use; amending Chapter 22, Title 22, Idaho Code, by riding a new Section 22-2231, Idaho Code, requiring filing f damage claims within sixty days of an accident or prior to harvest of twenty-five per cent of the crop [amage; providing for the contents of such claims and hat failure to file such claims shall be considered a bar o court action for damages. S. 1177 By AGRICULTURAL AFFAIRS COMMITTEE AN ACT To provide for labeling of soil conditioners to be en orced by the Department of Agriculture; providing a hurt title; providing for administration; defining terms .nd exclusions; providing for labels and requiring that uch products be labeled “not a plant food product”; pro iding for mandatory submission of labels or forms to the daho Department of Agriculture for approval; providing or false advertising; providing for stop sale orders; pro iding for inspection and sampling of soil conditioners, ntry to premises and vehicles for inspection, sampling nd weights, access to records and books relating to soil onditioners and that the official sample and analysis hall be prima facie evidence in court; providing for eizure and condemnation by court action; providing mis Lemeanor penalties for violation; providing for civil en orcement in court and for warnings for minor violations; roviding for rules and regulations; providing an inspec ion fee of one-half of one percent of the sales price harged by the manufacturer and providing that such unds are to be dedicated to the purpose of enforcing his act and are to be kept in the “Commercial Feed nd Fertilizer Fund.” S. 1178 By AGRICULTURAL AFFAIRS COMMITTEE AN ACT Amending Chapter 34, Title 22, Idaho Code, the Ecu omic Poison Law of 1963, by changing the name of the aw to the “Pesticide Law”; striking the term “economic poison” from the Act and substituting therefor throughut the Act the term “pesticide”; amending Section 22401, Idaho Code, to provide a new short title; amending inction 22-3402, Idaho Code, by defining the terms pesticides” and “pesticide dealer”; amending Section 12-3403, Idaho Code, by substituting terms; amending ection 22-3404, Idaho Code, by increasing the fees for egistering pesticides to ten dollars each, striking the imit as to the aggregate fee to be charged to any corn any for licensing pesticides, and providing a penalty or late registration of pesticides and for exemptions o such penalty provision; amending Section 22-3405,
February 24]
Idaho Code, by substituting terms; amending Section 22-3406, Idaho Code, by substituting terms; amending Section 22-3407, Idaho Code, to provide exemptions from licensing as a pesticide dealer; amending Section 223409, Idaho Code, by adding seizure provisions relating to restricted use pesticides and pesticides sold, held for sale, or offered for sale in violation of the provisions of this Act or regulations promulgated under it; amending Section 22-3410, Idaho Code, by providing that duties of the comissioner may be exercised by designated employees; amending Section 22-3412, Idaho Code, by substituting terms; amending Chapter 34, Title 22, Idaho Code, by adding a new Section 22-3413, Idaho Code, to provide licensing of pesticide dealers, applications for licenses, fees for licenses, penalty fees for late licensing and for exemptions from such penalties; amending Chapter 34, Title 22, Idaho Code, by adding a new Section 22-3414, Idaho Code, providing the Commissioner of Agricul ture may require pesticide dealers to keep adequate records and reports as he may require; amending Chap ter 34, Title 22, Idaho Code, by adding a new Section 22-3415, Idaho Code, providing that pesticide dealers shall not sell restricted use pesticides in the same de partment where food or beverages are sold and that pesticide dealers shall not make recommendations for the use of pesticides conflicting with Federal or State laws or regulations, providing for regulations to carry out these provisions and providing for restricted use pesticides and regulations relating thereto, and providing that pesticide dealers shall post pertinent information relating to pesticide accidents; amending Chapter 34, Title 22, Idaho Code, by adding a new Section 22-3416, Idaho Code, providing for revocation, suspension, or denial of pesticide dealers’ licenses. S. 1179 By JUDICIARY AND RULES COMMITTEE AN ACT Amending Chapter 8, Title 19, Idaho Code, to provide for the addition of a new section to be known and desig nated as Section 19-815A, Idaho Code; providing for the filing of a motion to dismiss in the District Court to challenge the sufficiency of the evidence presented at the preliminary hearing to hold the defendant to answer for a criminal charge in District Court and providing that the District Judge shall dismiss the complaint, commit ment, or information upon a finding of lack of probable cause. S. 1180 By JUDICIARY AND RULES COMMITTEE AN ACT Relating to interests in property affected by death of any person, prescribing procedure for establishment of the fact of death, providing for petition to the court, hearing on the petition and notice thereof, and judgment and record thereof, S. 1181 By JUDICIARY AND RULES COMMITTEE AN ACT Relating to the Law Enforcement Planning Commis sion, amending Section 19-5101, Idaho Code, by defining Law Enforcement Agency; amending Section 19-5106, Idaho Code, by providing that members of the Commis sion’s subcommittee may also hold public office without disqualification; amending Chapter 51, Title 19, Idaho Code, by the addition of a new Section 19-5111A, Idaho Code, relating to subcommittees of the Law Enforcement Planning Commission by establishing a police officer standard and training subcommittee, providing for mem bership of the subcommittee, and providing a term of office; amending Section 19-5115, Idaho Code, by provid ing the minimum eligibility requirements for permanent, probationary, temporary, part time, and emergency posi tions as law enforcement officers, by providing for a certificate upon satisfaction of standard requirements,
[February 24
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llowing higher standards to be set by employing gencies, allowing the police officers standards and ;raining subcommittee to make inspections and evalua ions of political subdivisions, institutions, and schools mploying or instructing police officers to determine corn liance with this Act, allowing the subcommittee to ap rove or revoke approval of police officer training institu ;ions by allowing the subcommittee to prescribe minimum nstructor qualifications, allowing subcommittee surveys lesigned to improve Law Enforcement Agencies; and epealing Section 19-5116, Idaho Code. S. 1182 By JUDICIARY AND RULES COMMITTEE AN ACT Relating to third party claims on property subject to xecution, amending Section 11-203, Idaho Code, by pro iiding that if a third party is claiming property by reason a security interest therein otherwise subject to execu ;ion, he must set forth the dollar amount of the claim. S. 1176, S. 1177, S. 1178, 5. 1179, S. 1180, 5. 1181 and 1182 were introduced, read the first time at length and eferred to the Judiciary and Rules Committee for print .ng. H. 209 and H. 70, by Education Committee, were intro luced, read the first time at length and referred to the Elealth, Education and Welfare Committee. .
Seeond Reading of Bills II. 57, by Local Government Committee, was read the second time at length and filed for third reading. H. 134, H. 153, H. 155, H. 156, H. 157 and H. 158, by Etevenue and Taxation Committee, were read the second ime at length and filed for third reading. H. 211 and H. 205, by Local Government Committee, were read the second time at length and filed for third
reading.
H. 174, by State Affairs Committee, was read the second ;ime at length and filed for third reading. H. 146, by Ways and Means Committee, was read the second time at length and filed for third reading. S. 1149, by State Affairs Committee, was read the sec )nd time at length and filed for third reading. H. 188, by State Affairs Committee, was read the sec )nd time at length and filed for third reading. S. 1160, by State Affairs Committee, was read the sec )nd time at length and filed for third reading. H. 60, by State Affairs Committee, was read the sec )nd time at length and filed for third reading. 5. 1175, by State Affairs Committee, was read the see md time at length and filed for third reading. Third Reading of Bills On request by Senator Solberg, granted by unanimous :onsent, S. 1077 and S. 1135 were placed at the head of he Third Reading Calendar. President Pro-Tempore called Senator Klein to the Dhair. S. 1077 was read the third time at length, section by section and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roll call resulted as follows: Bilyeu, Brassey, Chase, Cobbs, Crutcher, Eg AYES )ert, Ellsworth (30), Evans, Kidwell, Klein, Manley, Man ting, Miller, Mix, Murphy, Rigby, Solberg, Stoicheff, Sum ners. Total—19. Allen, Barker, Bivens, Budge, Crookham, NAYS llsworth (20), Fredericksen, High, Mitchell, Peavey, Sax rik, Steen, Swenson, Williams, Yarbrough. Total—15. —
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Absent and excused Brown. Total—i. Total—35. Paired and voting included in roll call. AYE: Manning. NAY: Fredericksen. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. On motion by President Pro-Tempore Ellsworth, sec onded by Senator Mix, the Senate recessed until 2:00 o’clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 2:00 o’clock p.m., pursuant to recess, President Pro-Tempore Ellsworth presiding. Roll call showed all members present except Senators Brown and Manning, excused. Prior to recess the Senate was at the Thirteenth Order of Business. Third Reading of Bills On request by Senator Barker, granted by unanimous consent, S. 1135 was recommitted to the Health, Educa tion and Welfare Committee. S. 1030, as amended, was read the third time at length, section by section and p1aced before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Budge, Chase, AYES Cobbs, Crookham, Cruteher, Egbert, Ellsworth (20), Ells worth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—32. NAYS— None. Absent and excused Brassey, Brown, Manning. Total —3. Total—35. Whereupon the President Pro-Tempore declared the bill passed. Title was approved and the bill ordered transmitted to the House. President Pro-Tempore Ellsworth called Senator Sol berg to the Chair. On request by Senator Swenson, granted by unanimous consent, H. 141 retained its place on the Third Reading Calendar for two legislative days. On request by Senator Bivens, granted by unanimous consent, S. 1050 retained its place on the Third Reading Calendar for one legis1ative day. S. 1153 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Budge, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Klein, Manley, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Solberg, Steen, Stoicheff, Swenson, Williams, Yarbrough. Tota1—28. Chase, Kidwell, Saxvik, Summers. Total—4. NAYS Absent and excused Brassey, Brown, Manning. Total —3. Total—35. Whereupon the Acting President declared the bill passed. —
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Title was approved and the bill ordered transmitted to the House. S. 1154 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?”
Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff Swenson, Williams, Yarbrough. Total—27. NAYS Bilyeu, Chase, Cobbs, Kidwell, Summers. Total—5. Brown, Manning, Mitchell. Tota Absent and excused —3. Total—35. Whereupon the Acting President declared the bil] passed. Title was approved and the bill ordered transmitted tc the House. S. 1151 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Budge, Chase AYES Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ells worth (30), Evans, Kidwell, Klein, Manley, Mix, Murphy, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son. Total—25. Miller. Total—i. NAYS Brassey, Brown, Fredericksen, Absent and excused High, Manning, Mitchell, Peavey, Williams, Yarbrough. Total—9. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted tc the House. The Acting President called Senator Mix to the Chair. S. 1162 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, ,“Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Budge, Chase, AYES Cobbs, Crutcher, Ellsworth (20), Ellsworth (30), Evans Kidwell, Klein, Manley, Mitchell, Mix, Saxvik, Summers: Swenson. Total—i9. Crookham, Egbert, Miller, Murphy, Rigby, NAYS Stoicheff. Total—6. Brassey, Brown, Fredericksen Absent and excused High, Manning, Peavey, $olberg, Steen, Williams, Yar brough. Total—iO. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted tc the House. On request by Senator Bivens, granted by unanimom consent, the Senate advanced to the Fourteenth Ordex of Business. General Calendar The Acting President declared the Senate recessed and called Senator Bivens to the Chair to preside during the sitting of the Committee of the Whole. Following the adjournment of the Committee of the Whole, the Acting President called the Senate to order. Report of the Committee of the Whole Senator Bivens, Chairman of the Committee of the Whole, reported out S. 1019 and S. 1078 without rec ommendation, amended as follows: SENATE AMENDMENT TO S. 1019 AMENDMENT TO SECTION 1 On page 1 of the printed bill, in line 13, following thE —
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Roll call resulted as follows: Allen, Barker, Bilyeu, Budge, Chase, Cobbs, AYES Crookham, Crutcher, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total —29. None. NAYS Bivens, Brassey, Brown, Egbert, Absent and excused Manning, Steen. Total—6. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. S. 1157 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Budge, Crook AYES ham, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Mitchell, Murphy, Peavey, Rigby, Swenson, Williams, Yarbrough. Total—19. Chase, Cobbs, Crutcher, Kidwell, Klein, Man NAYS ley, Miller, Mix, Saxvik, $olberg, Stoicheff, Summers. Total—12. Brassey, Brown, Manning, Steen. Absent and excused Total—4. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. S. 1158 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: Allen, Barker, Bilyeu, Budge, Cobbs, Crutcher, AYES Egbert, Evans, Fredericksen, High, Kidwell, Klein, Man ley, Miller, Mitchell, Mix, Peavey, Rigby, Saxvik, Solberg, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total —25. NAYS Chase, Murphy. Total—2. Bivens, Brassey, Brown, Crook Absent and excused ham, Ellsworth (20), Ellsworth (30), Manning, Steen, Total—8. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. S. 1159 was read the third time at length, section by section and p1aced before the Senate for final considera tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: Allen, Barker, Bivens, Brassey, Budge, Crook AYES ham, Crutcher, Egbert. Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Klein, Manley, Miller, Mix, —
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[February 24
SENATE JOURNAL
word “treasurer”, insert: “so long as the investment board may invest surplus or idle funds in the state treasury,”. CORRECTION TO TITLE On page 1 of the printed bill, in line 5, following the word “BOARD” and before the “;“, insert: “SO LONG AS THE INVESTMENT BOARD MAY INVEST SUR PLUS OR IDLE FUNDS IN THE STATE TREASURY”. SENATE AMENDMENTS TO S. 1078 AMENDMENTS TO SECTION 1 On page 2 of the printed bill, in line 12, following the word and character “age;” delete the word “and”. On page 2 of the printed bill, following line 12, insert the following: “(d) have been a resident of the state of Idaho for six (6) months and be registered to vote in presidential elec tions; and”. On page 2 of the printed bill, at the beginning of line 13, delete the characters and letter “(d)” and insert in lieu thereof the characters and letter “Ce)” On page 2 of the printed bill, in line 14, following the characters and letter “(b) “, delete the word “and”, and following the characters and letter “(c)”, insert the words, characters and letter “and Cd)”. On page 2 of the printed bill, in line 18, following the word “Idaho” and preceding the “.“, insert the following: “or any new institutional name or title for any of said institutions as hereafter may be designated by the state board of education or the legislature of the state of Idaho”. The Committee also has S. 1113, S. 1132 and H. 72 under consideration, report progress and beg leave to sit again. BIVENS, Chairman. On motion by Senator Bivens, seconded by Senator Murphy, the report was adopted. S. 1019, as amended, and S. 1078, as amended, were referred to the Judiciary and Rules Committee for en grossing. Senate amendments to S. 1019 and S. 1078 were referred to the Judiciary and Rules Committee for printing. There being no objection, the Senate returned to the Third Order of Business. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Monday, Feb ruary 22 and Tuesday, February 23, 1971 were read and approved as corrected. KLEIN, Chairman. Report adopted. Petitions, Resolutions and Memorials S.J.R. 104 By LOCAL GOVERNMENT AND TAXATION COMMITTEE A JOINT RESOLUTION Proposing an amendment to Section 5, Article VII of the Constitution of the State of Idaho to allow the Legis lature to establish various classes of property, but require that taxation must be uniform within a class; stating the question to be submitted to the electorate; directing the Attorney General to prepare the statement required by law; and directing the Secretary of State to give legal notice thereof. S.J.R. 105 By LOCAL GOVERNMENT AND TAXATION COMMITTEE A JOINT RESOLUTION Proposing an amendment to Section 2, Article VII, of
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the Constitution of the State of Idaho to strike the re quirement that property be taxed according to its valu stating the question to be submitted to the electors directing the Attorney General to prepare the statemeni as required by law; and directing the Secretary of StatE to give legal notice thereof. S.J.R. 104 and S.J.R. 105, by Local Government anc Taxation Committee, were introduced, read the first timE at length and referred to the Judiciary and Rules Com. mittee for printing. Reports of Standing Committees February 24, 1971. The AGRICULTURAL AFFAIRS Committee reports out II. 108 and H. 140 with the recommendation that the do pass. SWENSON, Chairman. H. 108 and H. 140 were filed for second reading. Reports of Special Committees The Secretary read the following report: February 23, 1971 The Honorable Jack M. Murphy President of the Senate Statehouse Boise, Idaho Dear Mr. President: Pursuant to Joint Rule 10, the Conference CommitteE of the House and Senate have met regarding amendment to Senate Bill 1032 placed upon the bill in the Hous and have agreed that the bill needs further amendment and direct that the bill be returned to the House fo further action. SENATORS /5/ Leon H. Swenson, Chairmar Is! David W. Bivens Is! Neil J. Miller The report was referred to the Tenth Order of Business Motions and Resolutions. Motions and Resolutions The Acting President ordered S. 1032, as amended ii the House, with the amendments attached transmittec to the House. Introduction, First Reading and Reference of Bills S. 1183 By JUDICIARY AND RULESCOMMITTEE AN ACT Amending Section 23-922, Idaho Code, by providini that it shall be a misdemeanor to make a false statemen in an application for a bartender’s permit and providin a penalty. S. 1184 By HEALTH, EDUCATION AND WELFARE COMMITTEE AN ACT Amending Section 50-1301, Idaho Code, by definini sanitary restrictions; amending Chapter 13, Title 50 Idaho Code, by adding a new section thereto to be knowi as Section 50-1326, Idaho Code, requiring all plats to ben: a sanitary restriction, requiring submission of plans an specifications of water and sewage systems to the Stat Department of Health, and prohibiting the constructioi of any building or shelter prior to the removal of th sanitary restriction; amending Chapter 13, Title 50, Idahi Code, by adding a. new section to be known as Sectioi 50-1327, Idaho Code, prohibiting persons from recording or causing to be recorded a plat not containing a sanitar restriction unless the plat is accompanied by a certificat of approval from the State Board of Health, and pro viding the filing and recording of a noncomplying pin shall in no way invalidate a title conveyed thereunder
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amending Chapter 13, Title 50, Idaho Code, by adding a new section to be known as Section 50-1328, Idaho Code, uthorizing the State Board of Health to adopt rules snd regulations and standards for the administration and enforcement of the act; amending Chapter 13, Title 50, [daho Code, by adding a new section to be known as Section 50-1329, Idaho Code, declaring certain acts to e misdemeanors; and providing an effective date. S. 1185 By AGRICULTURAL AFFAIRS COMMITTEE AN ACT Amending Section 25-2717, Idaho Code, by including a lefinition of “customer-formula feed” therein; amending Section 25-2718, Idaho Code, to provide that the Corn riercial Feed Law is applicable to manufacturers and listributors of customer-formula feed except that they shall be exempt from the provisions of the act requiring ‘egistration of brands of commercial feed, providing for eneraI registration by customer-formula feed rnanufac Lurers and distributors, providing for regulations per witting the use of collective terminology for groups of ingredients, and allowing regulations to permit exemptions rom the requirement of an ingredient statement where .t is found that an ingredient statement Is not required in the interest of consumers. S. 1183, S. 1184 and S. 1185 were introduced, read the irst time at length and referred to the Judiciary and Rules Committee for printing. On request by Senator Bivens, granted by unanimous onsent, the Senate advanced to the Fifteenth Order )f Business. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec )nded by Senator Crutcher, the Senate adjourned until [0:00 o’clock am., Thursday, February 25, 1971. JOHN MIX, Acting President. &ttest: ARTHUR WILSON, Secretary.
FORTY-SIXTH LEGISLATIVE DAY THURSDAY, FEBRUARY 25, 1971 Senate Chamber, Boise, Idaho, February 25, 1971. President Pro-Tempore Ellsworth called the Senate to )rder at 10:00 o’clock a.m. Roll call showed all members present except Senators 3rown and Kidwell, excused. The following prayer was offered by Chaplain Newell organ: Our God and Father, as once again, in this Chamber f deliberation there sounds the summons to prayer, we ome not out of habit but in love and thanksgiving. We tre most thankful for our faith that assures us and has )roved to us that Thou are One who hears and answers )rayer. How like the meadow lark who in rapturous song pours orth its joy of living. may we give forth to Thee our ;hanks for life, and life’s responsibilities. Today, as the Governor and Lt. Governor, and all within rnr State’s Legislature, take up their responsibilities, be lose to them. Be especially close in wisdom, guidance Lnd love to these Senators and those who labor today vith them in lawmaking. In the Name of Christ, Amen.
February 26]
Reports of Standing Committees February 25, 1971. The JUDICIARY AND RULES Committee reports that Enrolled S. 1005, S. 1026, S. 1066, S. 1094 and S. 1095 were delivered to the Governor on February 24, 1971, at the hour of 3:49 o’clock p.m. KLEIN, Chairman. The report was ordered filed in the office of the Secre tary of the Senate. February 25, 1971. The JUDICIARY AND RULES Committee reports that 5. 1176, S. 1177, S. 1178, 5. 1179, S. 1180, S. 1181, S. 1182, S. 1183, S. 1184, S. 1185, S.C.R. 110, S.J.R. 104, S.J.R. 105, Senate amendments to S. 1019 and Senate amendments to S. 1078 have been correctly printed. KLEIN, Chairman. S. 1176, S. 1177, 5. 1178 and S. 1185 were referred to the Agricultural Affairs Committee. S. 1179, S. 1180, S. 1181, S. 1182 and 5. 1183 were refer red to the Judiciary and Rules Committee. S. 1184 was referred to the Health, Education and Wel fare Committee. S.C.R. 110 was referred to the Tenth Order of Busi ness, Motions and Resolutions, and ordered held at the desk for two legislative days. S.J.R. 104 and S.J.R. 105 were referred to the Local Government and Taxation Committee. February 25, 1971. The JUDICIARY AND RULES Committee reports that 5. 1048, as amended in the House, has been correctly engrossed. KLEIN, Chairman. S. 1048, as amended in the House, was filed for first reading. February 24, 1971. The JUDICIARY AND RULES Committee reports out S. 1147 without recommendation. KLEIN, Chairman. February 24, 1971. The JUDICIARY AND RULES Committee reports out H. 132 and H. 173 with the recommendation that they do pass. KLEIN, Chairman. S. 1147, H. 132 and H. 173 were filed for second reading. February 24, 1971. The JUDICIARY AND, RULES Committee reports out H. 91 with the recommendation that it be referred to the Health, Education and Welfare Committee. KLEIN, Chairman. H. 91 was referred to the Health, Education and Welfare Committee. February 25, 1971. The HEALTH, EDUCATION AND WELFARE Com mittee reports out S.J.R. 103 and S. 1123 with the recom mendation that they be referred to the Fourteenth Order of Business for amendment. BARKER, Chairman. S.J.R. 103 and S. 1123 were referred to the General Calendar for amendment.
February 25
SENATE JOURNAL
February 25, 1971. The HEALTH, EDUCATION AND WELFARE Corn nittee reports out H. 109 without recommendation. BARKER, Chairman. February 25, 1971. The HEALTH, EDUCATION AND WELFARE Corn nittee reports out H. 165, H. 207, 5. 1136 and S. 1110 with he recommendation that they do pass. BARKER,
Chairman. H. 109, H. 165, II. 207, S. 1136 and S. 1110 were filed or second reading. Messages from the Governor STATE OF IDAHO Office of the Governor BOISE December 31, 1970 onorable Jack M. Murphy ‘resident of the Senate enate Chambers 3uilding )ear Mr. President: I have the honor to inform you that I have appointed dr. Pat Woodworth of American Falls to the Judicial ounci1 to fill the unexpired term of Mr. Ray Burge. This tppointment is effective December 31, 1970 and will expire rn July 1, 1975. This appointment requires Senate confirmation. Kindly iotify this office of your action. Sincerely, Is! DON SAMUELSON Governor The Gubernatorial appointment was referred to the tate Affairs Committee. Messages from the House February 24, 1971. VIr. President: I transmit herewith H. 169, H. 137, as amended H. 87, 1029, L 159, II. 219, H.J.M. 6 and return herewith 1070, as amended, S. 1053 and S.J.M. 101 which have assed the House. FITZWATER. Chief Clerk. H. 169, H. 137, as amended, H. 87, H. 159 and H. 219 were filed for first reading. H.J.M. 6 was referred to the Tenth Order of Business, ‘Iotions and Resolutions. S. 1029, S. 1070, as amended, S. 1053 and S.J.M. 101 were referred to the Judiciary and Rules Committee for mrolling. February 2, 1971. VIr. President: I transmit herewith Enrolled H. 71 and H. 152 which iave been signed by the Speaker. FITZWATER, Chief Clerk. The President Pro-Tempore announced he was about ;o sign Enrolled H. 71 and H. 152 and when so signed, )rdered them returned to the House. Motions and Resolutions The following resolution was read at length by the ecretary: H.J.M. 6 By WAYS AND MEANS COMMITTEE A JOINT MEMORIAL To the head of state and the legislative body of each .
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of the signatory nations of the Geneva Convention rela tivé to, the treatment of prisoners of war and to the legislative body of each of the States of the Umted States, and to the delegates of the State of Idaho in the Congress of the United States for their information. We, your Memorialists, the Senate and House of Repre sentatives of the state of Idaho assembled in the First Regular Session of the Forty-first Idaho Legislature, do hereby respectfully request that: WHEREAS the government of the United States is a party to the óeneva Convention relative to the treatment of prisoners of war done at Geneva August 12, 1949, ratified by the Senate of the United States, July 6, 1955, and entered into force with respect to the United States February 2, 1956; and WHEREAS, the government of North Vietnam is a party to the Geneva Convention relative to the treatment of prisoners of war, having acceded to the terms of the Convention on June 28, 1957; and WHEREAS, there are in total, one hundred and thirtyfive signatory nations to the Geneva Convention relative to the treatment of prisoners of war; and WHEREAS, the Convention was negotiated in the interest of world order, and has vitality only so long as every nation observes its terms; and WHEREAS, every signatory nation has an obligation to every other signatory nation to work actively toward obtaining the observance by every other nation of the terms of the Geneva Convention; and WHEREAS, the government of North Vietnam has not conformed its actions to the terms of the Convention which require provisions for proper and humanitarian treatment of prisoners, needed medical services and sup plies to sick and wounded prisoners, release of the names of prisoners held, release of the names of combatants known to have been killed, delivery of mail to prisoners, and impartial inspections of prisoner of war camps and facilities. NOW, THEREFORE, BE IT RESOLVED by the First Regular Session of the Forty-first Idaho Legislature, now in session, the House of Representatives and Senate con curring, speaking for and on behalf of the people of the state of Idaho, that the people and the governments of the signatory nations of the Geneva Convention relative to prisoners of war are urged and requested to take all possible steps to bring the weight of world opinion and the prestige of their world position to bear upon the government of North Vietnam to require them to observe the terms of the Convention. BE IT FURTHER RESOLVED that the state legis latures of the states of this nation ‘are urged to take all possible steps to encourage and initiate action by their citizens including actions by cities with sister cities in other nations, and action by individuals, expressing to the people of the world and particularly the people and governments of the signatory nations of the Geneva Con vention relative to the treatment of prisoners of war the continuing concern of the citizens of the United States for the welfare of all prisoners of every nation including our fellow Americans held by the North Vietnam govern ment. BE IT FURTHER RESOLVED that the Chief Clerk of the House of Representatives be, and she is hereby authorized and directed to forward copies of this memorial to the head of state and the legislative bodies of each of the signatory nations of the Geneva Convention relative to the treatment of prisoners of war which are: Afghani stan, Albania, Algeria, Argentina, Australia, Austria, Barbados, Belgium, Botswana, Brazil, Bulgaria, Burundi Byelorussian S.S.R., Cambodia, Cameroon, Canada, Central African Republic, Ceylon, Chile, China (People’s Rep.), Colombia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Cuba, Cyprus, Czechoslovakia, Dohomey, Denmark, Dominican Republic, Ecuador, El Salvador, Ethiopia,
February 26]
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Finland, France, Gabon, The Gambia, Germany, Germany (Dem. Rep.), Ghana, Greece, Guatemala, Guyana Haiti, Holy See, Honduras, Hungary, Iceland, India, inaonesia, Iran, Iraq, Ireland, Israel, Italy, Ivory Coast, Jamaica, Japan, Jordan, Kenya, Korea Korea (Dem. Rep.), Kuwait, Laos, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Luxembourg, Madagascar, Malawi, Malta, Malaysia, Mali, Mauritania, Mauritius, Mexico, Monaco, Mongolian Peo. ple’s Republic, Morocco, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Pakistan, Panama, Paraguay Peru, Philippines, Poland, Portugal, Romania, Rwanda, an Marina, Saudi Arabia, Senegal, Sierra Leone, Singapore Somali Republic, South Africa, Southern Yemen, S’pain, Sudan, Swaziland, Sweden, Switzerland, Syrian Arab Republic, Tanzania, Tanganyika, Zanzibar, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian S.S.R., U.S.S.R. United Arab Republic, United Kingdom, United States, Upper Volta, Uruguay, Venezuela, Vietnam, (Vietnam, Dem. Rep.), Yugoslavia, Zambia, and to the legislative bodies of each of the states of the United States, and to the delegates of the state of Idaho in the Congress of the United States for their information. H.J.M. 6 was ordered held at the desk for two legisla tive days. On motion by Senator Bivens, seconded by Senator Murphy, S.J.M. 108 was adopted, title approved and the memorial ordered transmitted to the House. Introduction, First Reading and Reference of Bills S. 1048, as amended in the House, was read the first time at length and filed for second reading. II. 169, by Transportation and Defense Committee was introduced, read the first time at length and referred to the Transportation Committee. II. 137, as amended, by Judiciary, Rules and Adminis tration Committee, was introduced, rend the first time at length and referred to the Judiciary and Rules Com mittee. H. 87, by Resources and Conservation Committee, was introduced, read the first time at length and referred to the Resources and Environment Committee. H. 159, by Revenue and Taxation Committee, was intro duced, read the first time at length and referred to the Local Government and Taxation Committee. H. 219, by Ways and Means Committee, was intro duced, read the first time at length and referred to the Commerce and Banking Committee. Second Reading of Bills S. 1144, S. 1145, S. 1146, S. 1116, 5. 1139, S. 1140, S. 1141, S. 1142 and S. 1143, by Judiciary and Rules Com mittee, were read the second time at length and filed for third reading. H. 108 and H. 140, by Agricultural Affairs Committee, were read the second time at length and filed for third reading. Third Reading of Bills S. 1084 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: Bivens, Brown, Chase, Crutcher, Mitchell, Mix, AYES Murphy, Saxvik, Steen, Stoicheff. Total—lO. NAYS Allen, Barker, Bilyeu, Brassey, Budge, Cobbs, Crookham, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Klein, Manley, Manning, Miller, Peavey, Rigby, Summers, Swenson, Williams. Total—22. Kidwell, Solberg, Yarbrough. Absent and excused Total—3. Total—35. —
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Paired and voting included in roll call. NAY: Cobbs AYE: Brown Whereupon the President Pro-Tempore declared tin bill lost and ordered it filed in the office of the Secretar3 of the Senate. On request by Senator Murphy, granted by unanimow consent, 5. 1160 was placed at the head of the Thirc Reading Calendar. S. 1160 was read the third time at length, section b section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Chase, Crookham, AYES Crutcher, Ellsworth (30), Evans, Fredericksen, High, Klein, Manley, Manning, Mitchell, Mix, Murphy, Steen, Stoicheff, Yarbrough. Total—19. NAYS Bivens, Brassey, Budge, Cobbs, Egbert, Ells worth (20), Miller, Peavey, Rigby, Saxvik, Solberg, $um mers, Swenson, Williams. Total—14. Absent and excused Brown, Kidwell. Total—2. Total—35. Whereupon the President Pro-Tempore declared the bil] passed. Title was approved and the bill ordered transmitted tc the House. The President Pro-Tempore called Senator High to thE Chair. S. 1122 was read the third time at length, section b section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Budge, Chase Cobbs, Crookham, Crutcher, Egbert, Ellsworth (30), Fred ericksen, High, Klein, Manley, Manning, Miller, Mitchell Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stol cheff, Summers, Swenson, Williams, Yarbrough. Total—30 NAYS None. Absent and excused Brassey, Brown, Ellsworth (20), Evans, Kidwell. Total—S. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted tc the House. S. 1050 was read the third time at length, section b section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Chase, Crookham, Crutcher, Egbert, Ellsworth (20), Ellswortl (30), Evans, Fredericksen, High, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Sol berg, Steen, Stoicheff, Summers, Swenson, Williams, Yar brough. Total—31. NAYS Budge. Total—i. —
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Absent and excused Brown, Cobbs, Kidwell. Total—3 Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. On motion by President Pro-Tempore Ellsworth, second ed by Senator Crutcher, the Senate recessed until 1:30 o’clock p.m. of this day. —
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$ENATE JOURNAL
February 25
RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant to ecess, President Pro-Tempore Ellsworth presiding. Roll call showed all members present except Senators 3rown and Kidwell, excused. Prior to recess the Senate was at the Thirteenth Order )f Business. Third Reading of Bills S. 1175 was read the third time at length, section by ection and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens Chase, Cobbs, AYES Drookham, Crutcher, Egbert, Ellsworth 20), Ellsworth 30), Evans, Fredericksen, High, Klein, Manley, Manning, Iiller, Mix, Peavey, Rigby, Saxvik, Solberg, Steen, Stoi :heff, Swenson, Williams. Total—27. None. NAYS Brassey, Brown, Budge, Kidwell, Absent and excused Iitchell, Murphy, Summers, Yarbrough. Total—8. Total—35. Whereupon the President Pro-Tempore declared the bill assed. Title was approved and the bill ordered transmitted to ;he House. On request by Senator Saxvik, granted by unanimous onsent, H. 57 retained its place on the Third Reading Dalendar for one legislative day. The President Pro-Tempore called Senator Ellsworth 30) to the Chair. H. 134 was rend the third time at length, section by ection and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Budge, Dhase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth 20), Ellsworth (30), Evans, Fredericksen Klein, Manley, vfanning, Miller, Mix, Peavey, Rigby, axvik, Solberg, teen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Potal—30. NAYS—None. Absent and excused—Brown, High, Kidwell, Mitchell, lurphy. Total—S. Total—35. Whereupon the Acting President declared the bill assed. Title was approved and the bill ordered returned to the House. H. 153 was read the third time at length, section by ;ection and placed before the Senate for final considera ;ion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Bilyeu, Bivens, Budge, Chase, Cobbs, Drookham, Crutcher, Egbert, Ellsworth (30), Evans, Klein, ‘Ianley, Manning, Miller, Mix, Murphy, Peavey, Rigby, axvik, Solberg, Steen, Stoicheff, Summers, Swenson, Wil jams, Yarbrough. Total—27. NAYS—None. Absent and excused—Barker, Brassey, Brown, Ellsworth :20), Fredericksen, High, Kidwell, Mitchell. Total—8. Total—35. Whereupon the Acting President declared the bill passed. —
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Title was approved and the bill ordered returned to the House. H. 155 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Budge, Chase, Cobbs, Crookham, Egbert, Ellsworth (30) Evans, Klein, Manley, Miller, Mix? Peavey, Rigby, olberg, Steen, Stoicheff, Swenson, Williams. Total—22. NAYS—Manning, Murphy. Total—2. Absent and excused—Brassey, Brown, Crutcher, EUs worth (20), Fredericksen, High, Kidwell, Mitchell, Saxvik, Summers, Yarbrough. Total—li. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. On request by President Pro-Tempore Ellsworth, granted by unanimous consent, II. 156 and H. 157 were placed at the foot of the Third Reading Calendar. H. 158 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ells worth (30), Evans, High, Klein, Manley, Manning, Miller, Mix, Murphy, Peavey, Rigby, Solberg, Stoicheff, Summers, Williams, Yarbrough. Total—27. NAYS—None. Brassey, Brown, Fredericksen, Absent and excused Kidwell, Mitchell, Saxvik, Steen, Swenson. Total—S. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 211 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (30), Evans, High, Klein, Manley, Manning, Miller, Mix, Murphy, Pea vey, Rigby, Saxvik, Solberg, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—28. NAYS—None. Absent and excused—Brassey, Brown, Ellsworth (20), Fredericksen, Kidwell, Mitchell, Steen. Total—7. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 205 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Budge, Chase, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Klein, Manley, Miller, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—28. —
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SENATE JOURNAL
NAYS—Manning. Total—i. Absent and excused—Brassey, Brown, Cobbs, Kidwell, Mitchell, Steen. Total—6. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. II. 174 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker Bivens, Brassey, Chase, Crutcher, Evans, Fredericksen, Mitchell, Mix, Murphy, Saxvik, Sol berg, Stoicheff, Summers, Yarbrough. Total—i6. NAYS—Bilyeu, Budge, Cobbs, Crookham, Egbert, Ells worth (30), Klein, Manley, Manning, Miller, Peavey, Rigby, Swenson, Williams. Total—14. Absent and excused—Brown, Ellsworth (20), High, Kidwell, Steen. Total—5. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 146 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (30), Evans, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—29. NAYS None. Absent and excused Brown, Ellsworth (20), Fred ericksen, High, Kidwell, Steen. Total—6. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. S. 1149 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Bilyeu, Bivens, Chase, Cobbs, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fred ericksen, Manley, Mix, Rigby, Saxvik, Solberg, Sum mers, Yarbrough. Total—iS. NAYS Barker, Budge, Crookham, High, Klein, Man ning, Miller, Mitchell, Murphy, Peavey, Stoicheff, Swen son, Williams. Total—13. Absent and excused Brassey, Brown, Kidwell, Steen. Total—4. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. On request by Senator Mix, granted by unanimous consent, II. 188 retained its place on the Third Reading Calendar for one legislative day. —
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February 26]
The President Pro-Tempore returned to the Chair. H. 60 was read the third time at length, section b3 section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Chase, Crookham, Crutcher, Mitchell, Mix Murphy, Summers, Total—?, NAYS Allen, Barker, Bilyeu, Bivens, Budge, Cobbs Egbert, Ellsworth (20), Evans, High, Klein, Manley, Man. ning, Miller, Peavey, Rigby, Saxvik, Solberg, Stoicheff Swenson, Williams, Yarbrough. Total—22. Absent and excused Brassey, Brown, Ellsworth (30) Fredericksen, Kidwell, Steen. Total—6. Total—35. Whereupon the President Pro-Tempore declared the biT lost and ordered it returned to the House. Senator Brassey, having voted on the prevailing sidE by which H. 134 passed in the Senate, served notice thai he may on the next legislative day move for reconsidera tion of the vote. The President Pro-Tempore ordered H. 134 held at th desk. On request by Senator Murphy, granted by unanimotu consent, S. 1080 was withdrawn. S. 1080 was ordered filed in the office of the Secretar3 of the Senate. H. 156 was read the third time at length, section b3 section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Bilyeu, Bivens, Chase, Crookham Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans Manning, Klein, Miller, Mitchell, Mix, Murphy, Rigby Steen, Stoicheff, Summers, Swenson. Total—21. NAYS None. Absent and excused Barker, Brassey, Brown, Budge Cobbs, Fredericksen, High, Kidwell, Manley, Peavey Saxvik, Solberg, Williams, Yarbrough. Total—i4. Total—35. Whereupon the President Pro-Tempore declared the bil passed. Title was approved and the bill ordered returned tc the House. Senator Stoicheff, having voted on the prevailing sidE by which II. 60 failed to pass in the Senate, served noticE that he may on the next legislative day move for recon sideration of the vote. The President Pro-Tempore ordered H. 60 held at thE desk. H. 157 was read the third time at length, section b3 section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Bilyeu, Bivens, Chase, Crookham, Crutcher Ellsworth (20) Ellsworth (30), Evans, Klein, Manning Miller, Mitchell, Mix, Murphy, Rigby, Steen, Stoicheff, Summers, Swenson. Total—19. NAYS Allen. Total—i. Absent and excused Barker. Brassey, Brown, Budge Cobbs, fgbert, Fredericksen, High, Kidwell, Manley Peavey, Saxvik, Solberg, Williams, Yarbrough. Total—15 Total—35. Whereupon the President Pro-Tempore declared the bill passed. —
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tFebruary 25
13
SENATE JOURNAL
Title was approved and the bill ordered returned to the House. Senator Chase, having voted on the prevailing side by which H. 155 passed in the Senate, served notice that he may on the next legislative day move for reconsidera tion of the vote. The President Pro-Tempore ordered H. 155 held at the desk. There being no objection, the Senate returned to the Sixth Order of Business. Reports of Standing Committees February 25, 1971. The COMMERCE AND BANKING Committee reports out S. 1174 with the recommendation that it be referred to the Judiciary and Rules Committee. BRASSEY, Chairman. S. 1174 was recommitted to the Judiciary and Rules Committee. February 25, 1971. The COMMERCE AND BANKING Committee reports out S. 1043, S. 1109, S. 1128 and S. 1173 with the recom mendation that they do pass. BRASSEY, Chairman. February 25, 1971. The STATE AFFAIRS Committee reports out H. 62, as amended, and H. 175 with the recommendation that they do pass. SUMMERS, Chairman. S. 1043, S. 1109, S. 1128, S. 1173, H. 62, as amended, and H. 175 were filed for second reading. February 23, 1971. The STATE AFFAIRS Committee reports out S. 1148 with the recommendation that it be referred to the Four teenth Order of Business for amendment. SUMMERS, Chairman. S. 1148 was referred to the General Calendar for amend ment. Messages from the Governor STATE OF IDAHO Office of the Lieutenant Governor BOISE February 25, 1971 Honorable James Ellsworth President Pro Tempore Senate Chambers Building Dear Mr. President Pro Tempore; I have the honor to advise you that the following named persons have been appointed as members of the Board of Aeronautical Directors by former Governor Don Samuelson, on July 1, 1970. Mr. Clifford Hinkley, Lewiston, representing the Northcentral Air Region, effective July 1, 1970 and expiring July 1, 1971. Mr. Richard Bauer, American Falls, representing the Eastern Air Region, effective July 1, 1970 and expiring July 1, 1972. Mr. Warren Barry. Twin Falls, representing the Southcentral Air Region, effective Ju1y 1, 1970 and expiring July 1 1973. Mr. Archie Yager, Sandpoint, representing the Northern Air Region, effective July 1, 1970 and expiring July 1, 1974.
Mr. George Cooke, Boise, representing the South western Air Region, effective July 1, 1970 and expirin July 1, 1975. These appointments require Senate Confirmation. Please advise the Governor’s Office of your action. Very truly yours,
Is! JACK MURPHY Acting Governor The Gubernatorial appointments were referred to thi State Affairs Committee. On request by Senator Bivens, granted by unanimou consent, the Senate advanced to the Eleventh Order o: Business. Introduction, First Reading and Reference of Bills 5. 1186 By STATE AFFAIRS COMMITTEE
AN ACT Amending Section 34-1107, Idaho Code relating to th
manner of voting by providing that the elector shall ham
his ballot to the election judge and requiring the judg
to write the elector’s name in the poll book and deposi the ballot in the proper box; and declaring an emergency S. 1187 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 34-501, Idaho Code, relating to tb definition of political parties, by providing a new defini tion; and declaring an emergency.
S. 1188 By STATE AFFAIRS COMMITTEE
ANACT Amending Section 34-12177 Idaho Code, relating to th canvassing of returns for judicial elections by strikin the words “general nominating” and inserting the won “primary”, striking the word “nominating” and insert ing the word “primary”, and by inserting the word “judi cial”; and declaring an emergency. S. 1189 By STATE AFFAIRS COMMITTEE AN ACT
Relating to horse racing; amending Section 54-250
Idaho Code, by providing that all appointments to th Idaho State Horse Racing Commission shall be approve by the Senate; amending Section 54-2504, Idaho Code, b; providing compensation to members of the Commissio for each day’s attendance at official meetings and the such compensation shall be drawn from Commission funds amending Section 54-2508, Idaho Code, relating to tb number of races per day, by increasing from ten to twelv
the number of races that may be held per day; and dt daring an emergency. S. 1186, S. 1187, S. 1188 and S. 1189 were referred t the Judiciary and Rules Committee for printing. On request by Senator Bivens, granted by unanimon consent, the Senate advanced to the Fifteenth Orde of Business. Miscellaneous Business On motion by Senator Bivens, seconded by Senate Crutcher, the Senate adjourned until 10:00 o’clock a.m Friday, February 26, 1971. JAMES ELLSWORTH, President Pro-Tempore. Attest: ARTHUR WILSON, Secretary.
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SENATE JOURNAL FORTY-SEVENTH LEGISLATIVE DAY FRIDAY, FEBRUARY 26, 1971
Senate Chamber, Boise, Idaho, February 26, 1971. President Pro-Tempore called the Senate to order at M:OO o’clock a.m. Roll call showed all members present. The following prayer was offered by Chaplain Newell vlorgan: Our Lord God, Maker of Heaven and Earth, in grati ude for life and health, humbly we bow in Thy Presence. We thank Thee for this great State trusted to our care. ,Te thank Thee for fertile fields, flowing streams, tree clad orests lands, for sun on the mountains, gold and silver tidden in the recess of the earth, for cities and peoples. [‘hou hast been good tO us. We thank Thee .for the chil Iren and youth of our homes who shall help us build not nly for today but into tomorrow. Bless these, who bow in Thy Presence, who have been rusted with the process of government that they shall a wisdom, foresight, good judgment and a great vision f the future conduct with statesmanship those things vhich will safeguard the present and make sure the uture. In Our Lord’s Name, Amen. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that he Senate Journal of the proceedings of Wednesday, ‘ebruary 24, 1971 was read and approved as corrected. KLEIN, Chairman. Report adopted. Reading of Communications The Secretary read a letter from Senator Brassey, hairman, Capitol Building Display Committee, and the ‘resident Pro-Tempore ordered the letter referred to the ‘eadership for necessary action. Presentation of Petitions, Resolutions and Memorials S.J.R. 106 By HEALTH, EDUCATION AND WELFARE COMMITTEE A JOINT RESOLUTION Proposing an amendment to Section 10, Article IX, of he Constitution of the State of Idaho by the addition of he provision that the University of Idaho may charge Lution for graduate students as may be provided by the gislature; submitting the question to the electorate; irecting the Attorney General to prepare the statement f such amendment as required by law; and directing ie Secretary of State to publish notice thereof. S.J.R. 106 was introduced, read the first time at length ad referred to the Judiciary and Rules Committee for rinting. Reports of Standing Committees February 26, 1971. The JUDICIARY AND RULES Committee reports nit Enrolled S.J.M. 106 was delivered to the Secretary State at 2:05 o’clock p.m. on February 25, 1971. The President Pro-Tempore ordered the report filed in ie office of the Secretary of the Senate. February 25, 1971. The TRANSPORTATION Committee reports out H. 111 ithout recommendation. BUDGE, Chairman.
February 26]
H. 111 was filed for second reading. February 26, 1971. The JUDICIARY AND RULES Committee reports that S. 1029, S. 1053, S. 1070, as amended, and S.J.M. 101 have been correctly enrolled. KLEIN, Chairman. The President Pro-Tempore announced he was about to sign Enrolled S. 1029, S. 1053, S. 1070, as amended, and S.J.M. 101, and when so signed, ordered them transmitted to the House. February 26, 1971. The JUDICIARY AND RULES Committee reports that S. 1015, as amended in the House, S. 1019, as amended, and S. 1078, as amended, have been correctly engrossed. KLEIN, Chairman. S. 1015, as amended in the House, S. 1019, as amended, and S. 1078, as amended, were filed for first reading. February 26, 1971. The JUDICIARY AND RULES Committee reports that S. 1186, S. 1187, S. 1188 and S. 1189 have been correctly printed. KLEIN, Chairman. S. 1186, S. 1187, S. 1188 and S. 1189 were referred to the State Affairs Committee. At this time, Senator Bivens announced a visitor had arrived and the President Pro-Tempore directed Senators Kidwell and Mix to escort Miss Idaho, Norlyn Olson, to the Rostrum. The President Pro-Tempore welcomed Miss Idaho to the Senate Chamber. February 26, 1971. The AGRICULTURAL AFFAIRS Committee reports out S. 1168 and H. 154 with the recommendation that they do pass. SWENSON, Chairman. S. 1168 and H. 154 were filed for second reading. Messages from the House February 25, 1971. Mr. President: I transmit herewith Enrolled H. 68 and H. 195 which have been signed by the Speaker. FITZWATER, Chief Clerk. The President Pro-Tempore announced he was about to sign Enrolled H. 68 and H. 195 and when so signed, ordered them returned to the House. February 25, 1971. Mr. President: I transmit herewith H. 229, II. 196, H. 96, as amended, H. 185, as amended, H. 217, H. 218 and return herewith S.C.R. 109 which have passed the House. FITZWATER, Chief Clerk. H. 229, H. 196, H. 96, as amended, H. 185, as amended, H. 217 and H. 218 were filed for first reading. S.C.R. 109 was referred to the Judiciary and Rules Committee for enrolling. February 25, 1971. Mr. President: I return herewith Enrolled S. 1022 which has been signed by the Speaker. FITZWATER, Chief Clerk.
[February 26
SENATE JOURNAL
Enrolled S. 1022 was referred to the Judiciary and Rifles Committee for transmittal to the Governor. Motions and Resolutions Senator Stoicheff, having previously served proper notice, moved that the vote by which II. 60 lost in the Senate, be now reconsidered. Seconded by Senator Mix. Roll call vote was requested by Senators Mix, Murphy and Mitchell. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES—Allen, Bilyeu, Brassey, Brown, Chase, Crook ham, Crutcher, Ellsworth (30), Evans, Kidwell, Manley, lanning, Miller, Mitchell, Mix, Murphy, Rigby, Saxvik, Solberg, Stoicheff. Total—20. NAYS—Barker, Bivens, Budge, Cobbs, Ellsworth (20), Fligh, Klein, Peavey, Steen, Swenson, Williams, Yarbrough. Total—12. Absent and excused—Egbert, Fredericksen, Summers. Total—3. Total—35. Whereupon the President Pro-Tempore declared the motion passed and H. 60 was before the Senate for final ionsideration. The question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Brown, Chase, Crookham, Crutcher, Kidwell, Mitchell, Mix, Murphy, Summers. Total—lO. NAYS—Barker, Bilyeu, Bivens, Budge, Cobbs, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Klein, Manley, Manning, Miller, Peavey, Rigby, Saxvik, olberg, Steen, Stoicheff, Swenson, Williams, Yarbrough. Total—24. Absent and excused—Brassey. Total—i. Total—35. Whereupon the President Pro-Tempore declared H. 60 Lost and ordered it returned to the House. On request by Senator Bilyeu, granted by unanimous ionsent, S.C.R. 110 was placed before the Senate for con ideration at this time. On motion by Senator Bilyeu, seconded by Senator steen, S.C.R. 110 was adopted, title was approved and bhe resolution ordered transmitted to the House. Introduction, First Reading and Reference of Bills The President Pro-Tempore announced that II. 134 and Fl. 155, held at the desk for possible reconsideration of bhe vote by which they passed in the Senate, and no notion for reconsideration having been received, ordered bhem returned to the House. S. 1190 By STATE AFFAIRS COMMITTEE AN ACT Relating to retail installment sales transactions; pro tiding for definition of terms; providing for the codifi ation and recognition of time price differentials in such bransactions; providing for methods of calculating such bime price differentials; providing for conditions for retail installment transactions; providing limitations m the amount of such time price differentials in such bransactions, providing penalties; and providing sever ability. S. 1191 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 67-2907, Idaho Code, by changing
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the method of appointing members of the Board of Examiners of the State Board of Optometry; and pro viding an effective date. S. 1192 By STATE AFFAIRS COMMITTEE AN ACT Providing a revision and codification of Chapter 15 of Title 54, Idaho Code; repealing Sections 54-1501, 54-1502, 54-1503, 54-1504, 54-1505, 54-1506, 54-1507, 54-1508, 541509, 54-1510, 54-1511, 54-1512, 54-1513, 54-1514, 54-1515, 54-1516, 54-1517, 54-1518, 54-1519, 54-1520, 54-1521, Idaho Code; enacting Section 54-1501, Idaho Code, defining the practice of optometry; enacting Section 54-1502, Idaho Code, requiring a license to practice optometry, prohibit ing the practice of optometry without a license, and de fining the practice of optometry without a license as a misdemeanor; enacting Section 54-1503, Idaho Code, estab lishing a State Board of optometry, providing for the appointment of members of the State Board of Optometry and providing for the removal of members of the State Board of Optometry; enacting Section 54-1504, Idaho Code, providing for the appointment to a vacancy on the State Board of Optometry and providing for a method of nominating appointees; enacting Section 54-1505, Idaho Code, providing for qualifications of members of the State Board of Optometry; enacting Section 54-1506, Idaho Code, providing for the creation of a separate fund known as the State Board of Optometry Fund and pro viding for its administration and payments therefrom; enacting Section 54-1507, Idaho Code, providing for the payment of an additional license fee by persons licensed to practice optometry in the amount of thirty dollars, providing for cancellation of a license to practice optom etry for failure to pay a license fee, and providing for reinstatement upon paying fees; enacting Section 541508, Idaho Code, providing for the organization of a State Board of Optometry, time of meetings of the State Board of Optometry, appointment of a board of Examin ers of the State Board of Optometry, and payment of expenses and per diem of the members of the State Board of Optometry and Board of Examiners; enacting Section 54-1509, Idaho Code, providing for the powers and duties of the State Board of Optometry, providing the State Board of Optometry with power to make rules governing method of examination of applicants, acceptable college training, preliminary education, relicensing, granting of reciprocal licenses, minimum annual continuing educa tion of optometrists as prerequisite for relicensing, estab lishment of internship program, enactment of a code of ethics for optometrists, minimum examination for ap plicants, minimum standards for equipment required in the practice of optometry, method of listing and identify ing charges for materials and services, the establishment of branch offices, advertising by optometrists, defining gross incompetence and unprofessional conduct, require ments for verification of accuracy in compounding pre scriptions, release of prescriptions, records to be main tained by optometrists, and other rules necessary or desirable for the enforcement and administration of this act, and granting the power to the Board of Optometry to inspect offices of optometrists, administer oaths, take depositions, subpoena witnesses and documents, and hire attorneys, investigators and employees; enacting Section 54-1510, Idaho Code, providing for grounds for revocation of optometrist’s license; enacting Section 54-1511, Idaho Code, providing procedure for investigation of complaints against optometrists and for hearings, and providing a method of voluntary suspension or revocation; enacting Section 54-1512, Idaho Code, providing for the filing of actions in District Court for revocation or suspension of an optometrist’s license, granting power to the District Court to enjoin unlawful actions by an optometrist, or suspend and revoke an optometrist’s license, and pro hibiting reapplication after revocation of license; enacting Section 54-1513, Idaho Code, outlining duties of Prosecut ing Attorney and Attorney General under this act; enact ing Section 54-1514, Idaho Code, requiring the publication
SENATE JOURNAL of pamphlet containing directory and law applicable to optometrists; enacting Section 54-1515, Idaho Code, pro viding for limitations on application of this act as to physicians and as to sales of certain lenses; enacting Section 54-1516, Idaho Code, providing for a limitation of this act as to nurses, school teachers and welfare workers; enacting Section 54-1517, Idaho Code, prohibiting duplication of ophthalmic lens or prism and providing an exception; enacting Section 54-1518, Idaho Code, pro viding powers and duties of the Department of Law Enforcement; enacting Section 54-1519, Idaho Code, re ufring information from applicants for license; enacting Section 54-1520, Idaho Code, setting out the qualifications for an applicant to practice optometry in Idaho; enacting Section 54-1521, Idaho Code, establishing a method of examination of applicants; enacting Section 54-1522, Idaho Code, providing for a method of issuance of licenses, providing for expiration date of licenses and renewal of licenses, prohibiting the practice of optometry without a license and providing for the relicensing of optometristâ&#x20AC;&#x2122;s license to practice in Idaho before the effective date of this act; enacting Section 54-1523, Idaho Code, providing an sxamination fee for applicants; enacting Section 54-1524, Idaho Code, providing for an injunction procedure for yb (ation of the provisions of this Chapter; enacting Section 54-1525, Idaho Code, prohibiting referrals or influence of choice in selecting an optometrist by any person in the business of manufacturing, selling or dispensing any oph thalmic materials; enacting Section 54-1526, Idaho Code, requiring persons, firms, or corporation to obtain a con sumer information permit before publishing or display of information as to price of optical materials and requiring the posting of information as to prices and compliance with standards promulgated by the American Standards Association, Inc., and providing for cancellation of the consumer information permit for violation of this act; providing severability; and providing an effective date. S. 1193 By JUDICIARY AND RULES COMMITTEE AN ACT Repealing Sections 39-2909, 39-2910, 39-2915, 39-2916, 39-2917, and 39-2918, Idaho Code; amending Chapter 29, Title 39, Idaho Code, by adding a new section to be known as Section 39-2901A, Idaho Code, providing a statement of purpose; amending Section 39-2902, Idaho Code, by changing the definition of air pollution and person; amending Chapter 29, Title 39, Idaho Code, by adding a new section to be known as Section 39-2909, Idaho Code, providing for the filing of reports with the commission by persons engaged in operations which may result in air pollution; amending Chapter 29, Title 39, Idaho Code, by adding a new section to be known as Section 39-2910, Idaho Code, providing for investigations by the Air Pollution Control Commission; amending Section 39-2911, Idaho Code, by providing that hearings before the Air Pollution Control Commission may be held before any two members of the commission and the commissionâ&#x20AC;&#x2122;s designated hearing officer; amending Chapter 29, Title 39, Idaho Code, by adding a new section to be known as Section 39-2915, Idaho Code, declaring it unlawful for any person to cause or contribute to a condition of air pollution; amending Section 39-2920, Idaho Code, by providing that appeals from final decisions and orders of the Air Pollution Control Commission shall be in accordance with the provisions for appeal in the Idaho Administrative Procedure Act, Chapter 52, Title 67, Idaho Code, and not as provided by this section; amend ing Chapter 29, Title 39, Idaho Code, by adding a new section to be known as Section 39-2925, Idaho Code, author izing the Air Pollution Control Commission to enter compliance orders; amending Chapter 29, Title 39, Idaho Code, by adding a new section to be known as Section 39-2926, Idaho Code, providing for administrative hearlags before the Air Pollution Control Commission; amend ing Chapter 29, Title 39, Idaho Code, by adding a new section to be known as Section 39-2927, Idaho Code,
February 26)
providing for the enforcement of subpoenas issued by the Air Pollution Control Commission; amending Chapter 29, Title 39, Idaho Code, by adding a new section to be known as Section 39-2928, Idaho Code, providing cer tain discovery procedures in actions before the Air Pollu tion Control Commission; amending Chapter 29, Title 39, Idaho Cede, by adding a new section to be known as Sec tion 39-2929, Idaho Code, providing the commission may rescind, alter or amend its orders or decisions after notice and hearing; amending Chapter 29, Title 39, Idaho Code, by adding a new section to be known as Section 392930, Idaho Code, providing a method whereby the Air Pollution Control Commission may enforce administra tive orders in court, and for an appeal to the Supreme Court; amending Chapter 29. Title 39, Idaho Code, by adding a new section to be known as Section 39-2931, Idaho Code, providing emergency air pollution abatement procedures; amending Chapter 29, Title 39, Idaho Code, by adding a new section to be known as Section 39-2932, Idaho Code, providing for the issuance of variances. S. 1190, S. 1191, S. 1192 and S. 1193 were introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. S. 1015, as amended in the House, by Judiciary and Rules Committee, was read the first time at length and filed for second reading. S. 1019, as amended, by State Affairs Committee, was read the first time at length and filed for second reading. S. 1078, as amended, by Crookham and Bilyeu, was read the first time at length and on request by Senator Barker, granted by unanimous consent, S. 1078, as amend ed, was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the desk until Saturday, February 27, 1971. H. 196, by Transportation and Defense Committee was introduced, read the first time at length and referred to the Transportation Committee. H. 96, as amended, by State Affairs Committee, was introduced, read the first time at length and referred to the State Affairs Committee. H. 185, as amended, by Education Committee, was intro duced, read the first time at length and referred to the Health, Education and Welfare Committee. H. 217 and H. 218, by State Affairs Committee, were introduced, read the first time at length and referred to the Agricultural Affairs Committee. H. 229, by Appropriations Committee, was introduced, read the first time at length and referred to the Finance Committee. Second Reading of Bills S. 1147, by Judiciary and Rules Committee, was read the second time at length and filed for third reading. H. 132 and H. 173, by Judiciary, Rules and Adminis tration Committee, were read the second time at length and filed for third rending. H. 109, by Keithly, was read the second time at length and filed for third reading. H. 165 and H. 207, by Health and Welfare Committee, were read the second time at length and filed for third reading. S. 1136 and S. 1110, by Health, Education and Welfare Committee, were read the second time at length and filed for third reading. S. 1048, as amended in the House, by Local Govern ment and Taxation Committee, was read the second time at length and filed for third reading. S. 1043, S. 1109, 5. 112$ and S. 1173, by Commerce and Banking Committee, were read the second time at length and filed for third reading. H. 62, as amended, by Sessions, Allen, Loveless, Farner,
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Hedges and Scoresby, was read the second time at length and filed for third reading. H. 175, by State Affairs Committee, was read the second time at length and filed for third reading. Third Reading of Bills On request by Senator Brown, granted by unanimous consent, H. 57 was recommitted to the Local Government and Taxation Committee. The President Pro-Tempore called Senator Williams to the Chair. H. 188 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Budge, Chase, Cobbs, Crookham, Crutcher, Eghert, Ellsworth (30), Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Mur phy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Williams. Total—27. NAYS—None. Absent and excused—Brassey, Brown, Ellsworth (20), Evans, Fredericksen, High, Swenson, Yarbrough. Total —8. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. S. 1144 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix Murphy, Peavey, Rigby, Saxvik, Solherg, Steen, Stoicieff, Summers, Wi1liams. Total—31. NAYS—None. Absent and excused—Brassey, Ellsworth (30), Swenson, Yarbrough. Total—4. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. S. 1145 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll calbresulted as follows: AYES—Allen, Baker, Bilyeu, Bivens, Budge, Chase, Crookham, Crutcher, Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—29. NAYS—None. Absent and excused—Brassey, Brown, Cobbs, Egbert, Ellsworth (20), Peavey. Total—6. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. S. 1146 was read the third time at length, section by
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setion and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, BudgE Chase, Cobbs, Crookham, Crutcher, Egbert, Ellswortl (20), Ellsworth (30), Evans, Fredericksen, High, Kidwel Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Brassey. Total—i. Total—35. Whereupon the Acting President declared the lii] passed. Title was approved and the bill ordered transmitte to the House. S. 1116 was read the third time at length, section b: section and placed before the Senate for final considers tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Budge, Chas Cobbs, Crookham, Ellsworth (20) Ellsworth (30), Evan Fredericksen, High, Kidwell, Klein, Manley, Mannin Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Solber Stoicheff, Summers, Swenson, Williams, Yarbrough. Tots —29. NAYS—Brown, Steen. Total—2. Absent and excused—Brassey, Crutcher, Egbert, Saxvil Total—4. Total—35. Whereupon the Acting President declared the bi: passed. Title was approved and the bill ordered transmitte to the House. S. 1139 was read the third time at length, section b section and placed before the Senate for final considers tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budg Chase, Cobba, Crutcher, Egbert, Ellsworth (20), Ellswort (30), Evans, Fredericksen, High, Kidwell, Klein, Manle Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigb Solberg, Steen, Stoicheff, Summers, Swenson, Wffliam Yarbrough. Total—32. NAYS—Crookham. Total—i. Absent and excused—Brassey, Saxvik. Total—2. Total—35. Whereupon the Acting President declared the bi passed. Title was approved and the bill ordered transmitte to the House. S. 1140 was read the third time at length, section ID section and placed before the Senate for final consider tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Brassey, Brown, Budg Cobbs, Crookham, Crutcher, Ellsworth (20), Ellswort (30), Evans, Fredericksen, Kidwell, Klein, Manley, Mule Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solber Steen, Stoicheff, Summers, Swenson, Williams. Total—21 NAYS None. Absent and excused Bivens, Chase, Egbert, Higi Manning, Yarbrough. Total—6. Total—35. —
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Whereupon the Acting President declared the bill mssed. Title was approved and the bill ordered transmitted to he House. On motion by President Pro-Tempore Ellsworth, sec nded by Senator Evans, the Senate recessed until 1:30 ‘clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant o recess, President Pro-Tempore Ellsworth presiding. Roll call showed all members present. Prior to recess the Senate was at the Thirteenth Order f Business. Third Reading of Bills The President Pro-Tempore called Senator Rigby to he Chair. On request by Senator Evans, granted by unanimous onsent, S. 1141 and 5. 1142 were placed at the top of the hird Reading Calendar for Monday, March 1, 1971. S. 1143 was read the third time at length, section by ection and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brown, Budge, obbs, Crookham, Egbert, Ellsworth (20), Ellsworth (30), redericksen. Kidwell, Klein, Manley, Miller, Mitchell, iHx, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, toicheff, Summers, Swenson, Williams, Yarbrough. Total —29. NAYS — None. Absent and excused Brassey, Chase, Crutcher, Evans, ugh, Manning. Total—6. Total—35. Whereupon the Acting President declared the bill assed. Title was approved and the bill ordered transmitted to he House. H. 140 was read the third time at length, section by ection and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bivens, Brown, Budge, Chase, obbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ells rorth (30), Evans, Fredericksen, Kidwell, Klein, Manley, tanning, Miller, Mix Murphy, Peavey, Rigby, Saxvik, teen, Stoicheff, Summers, Swenson, Williams, Yarbrough. ‘otal—30. NAYS — None. Absent and excused Bilyeu, Brassey, High, Mitchell, ;olberg. Total—5. Total—35. Whereupon the Acting President declared the bill assed. Title was approved and the bill ordered returned to he House. H. 10$ was read the third time at length, section by sction and placed before the Senate for final considera on, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES Barker, Bilyeu. Bivens, Brown, Budge, Cobbs, rookham, Crutcher, Egbert, Ellsworth (20), Ellsworth 30), Evans, Fredericksen, Klein, Manley, Manning, Mit—
February 26)
chell, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Swenson, Williams, Yarbrough. Total—27. NAYS Allen, Kidwell, Miller, Mix, Summers. Total —5. Absent and excused Brassey, Chase, High. Total—S. Total—35, Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. General Calendar The Acting President declared the Senate recessed and called Senator Murphy to the Chair to preside during the sitting of the Committee of the Whole. Following the adjournment of the Committee of the Whole, President Murphy called the Senate to order. The President ruled as to the point of parliamentary inquiry that the motion should be put to the Chairman of the Committee of the Whole rather than the Presi dent of the Senate. Upon appeal however, the Committee of the Whole should arise and report to the Senate for consideration and the President shall rule on the point. On request by Senator Kidwell, granted by unanimous consent, the Senate resolved itself back into the Com mittee of the Whole. The President called Senator Murphy to the Chair to preside during the sitting of the Committee of the Whole. —
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Report of the Committee of the Whole Senator Murphy, Chairman of the Committee of the Whole, reported out S. 1123, S. 1148 and S.J.R. 103 with out recommendation, amended as follows: SENATE AMENDMENTS TO S. 1123 AMENDMENT TO SECTION 1 On page 1 of the printed bill, in line 18, following the word and character “officio,”, and before the word “and”, insert the words and character “each of whom shall be a non-voting member,”. CORRECTION TO TITLE On page 1 of the printed bill, in line 8, following the word “BOARD”, and before the “.“, insert the following: “, AND PROVIDING THAT EX OFFICIO MEMBERS SHALL BE NON-VOTING MEMBERS”. SENATE AMENDMENTS TO S. 1148 AMENDMENTS TO SECTION 1 On page 2 of the printed bill, in line 27, delete the words, “either wholly or in part”. On page 2 of the printed bill in line 28, following the word “administration”, and before the “.“, insert the fol lowing: “for the duration of the mortgage”. SENATE AMENDMENTS TO SJ.R. 103 AMENDMENT TO SECTION 2 On page 1 of the printed joint resolution, in line 29, following the word “legislature” delete the “?“ and insert the following: “and removal of the limitation restricting the sale of university lands in subdivisions not exceeding one hundred and sixty acres, to any one person, company or corporation? “. CORRECTIONS TO TITLE On page 1 of the printed joint resolution, in line 5, fol lowing the word “LEGISLATURE” delete the “;“ and in sert the following: “AND REMOVAL OF THE LIMITA TION RESTRICTING THE SALE OF UNIVERSITY LANDS IN SUBDIVISIONS NOT EXCEEDING ONE HUNDRED AND SIXTY ACRES, TO ANY ONE PER SON, COMPANY OR CORPORATION;”.
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[February 27
The Committee has II. 72, S. 1132 and S. 1113 under con sideration, report progress and beg leave to sit again. MURPHY, Chairman. On motion by Senator Murphy, seconded by Senator Peavey, the report was adopted. Senate amendments to S. 1123, S. 1148 and S.J.R. 103 were referred to the Judiciary and Rules Committee for printing. 5. 1123, as amended, 5. 1148, as amended, and SJ.R. 103, as amended, were referred to the Judiciary and Rules Com mittee for engrossing. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec onded by Senator Mix, the Senate adjourned until 9:00 o’clock a.m., Saturday, February 27. 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
FORTY-EIGHTH LEGISLATIVE DAY SATURDAY. FEBRUARY 27, 1971 Senate Chamber, Boise, Idaho, February 27, 1971. Senate called the to order at 9:00 Murphy President o’clock a.m. Roll call showed all members present except Senators Eghert and Williams, excused. The following prayer was offered by Chaplain Newell Morgan: Our Father God, Whose abode is not only in the Heavens, but in the human heart, ere we become in volved in the rush and routine of the day, we pause to seek Thy help and Thy wisdom. Knowing our individual, our family, our collective needs, we humbly ask that in that knowledge, Thou shall supply the best to meet each need. Do forgive the faults and failures of the past, set us free from them. May we, each like a ship, loosed upon its way is driven by the wind, may we be impelled by Thy wisdom and love into the useful, pleasant places of life. Since even the destiny of a self-governed peoples are within Thy hands and those who make our laws, may these who stand before You today in prayer be gently directed by Thy Spirit to achieve those things best through law for our State and its peoples. In Jesus’ Name and to Thy Glory, Amen. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Thursday, Feb ruary 25, 1971 was read and approved as corrected.
KLEIN, Chairman. Report adopted. Reports of Standing Committees February 27, 1971. The JUDICIARY AND RULES Committee reports that Senate amendments to S. 1148, Senate amendments to S. 1123 and Senate amendments to S.J.R. 103 have been correctly printed. KLEIN, Chairman.
February 26, 1971.
The AGRICULTURAL AFFAIRS Committee report
out S. 1167 with the recommendation that it do pass. SWENSON, Chairman. S. 1167 was filed for second reading. February 26, 1971. The JUDICIiRY AND RULES Committee report that S.C.R. 109 has been correctly enrolled. KLEIN, Chairman. The President announced he was about to sign Enrolle S.C.R. 109 and when so signed, ordered it transmitted t the House for the signature of the Speaker. February 26, 1971. The JUDICIARY AND RULES Committee reports ou H. 67 without recommendation. KLEIN,
Chairman.
February 26, 1971. The JUDICIARY AND RULES Committee reports ou S.J.R. 102, S. 1174, 5. 1179, S. 1180, S. 1182 and S. 118 with the recommendation that they do pass.
KLEIN, Chairman.
H. 67, S.J.R. 102, 5. 1174, S. 1179, 5. 1180, S. 1182 an S. 1183 were filed for second reading. Messages from the House February 26, 1971. Mr. President: I transmit herewith H.C.R. 9 which has passed th House. FITZWATER, Chief Clerk. H.C.R. 9 was referred to the Tenth Order of Business Motions and Resolutions. February 26, 1971. Mr. President: I return herewith Enrolled 5. 1070, as amended, S. 1029 S. 1053 and S.J.M. 101 which have been signed by th Speaker. FITZWATER, Chief Clerk. Enrolled S. 1070, as amended, S. 1029 and S. 1053 wer referred to the Judiciary and Rules Committee for trans mittal to the Governor. Enrolled S.J.M. 101 was referred to the Judiciary an Rules Committee for transmittal to the Secretary o State. February 26, 1971. Mr. President: I transmit herewith H. 220, H. 212, II. 36, as amendec H. 26, as amended, H. 180, as amended, H. 54, as amendec H. 121, as amended, H. 193, as amended, and return here with S. 1046, S. 1061, S. 1108, S. 1099 and S. 1028 whic have passed the House. FITZWATER, Chief Clerk. H. 220, H. 212, H. 36, as amended, H. 180, as amendec H. 121, as amended, H. 193, as amended, H. 26, as amendec and H. 54, as amended, were filed for first reading. 5. 1046, S. 1061, 5. 1108, S. 1099 and S. 1028 were refer red to the Judiciary and Rules Committee for enrolling.
Motions and Resolutions The following resolution was read at length by th Secretary:
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H.C.R. 9 By WAYS AND MEANS COMMITTEE A CONCURRENT RESOLUTION Recognizing and commending the accomplishments of Iiss Norlyn Olson, Miss Idaho for 1970. e It Resolved by the Legislature of the State of Idaho: WHEREAS, the Miss Idaho Pageant has been held nnually since 1950, and has traditionally selected from mong the participants a young woman of unique quali les; and WHEREAS, the winner of the 1970 Miss Idaho Title 3 Miss Norlyn Olson of Ovid, Idaho, who possesses the ttributes of talent, intelligence, personality and poise as yell as beauty; and WHEREAS, Miss Olson has represented the state of daho, and in particular the finest qualities of the youth of his state, to the people of the state and the United States trough her participation in the Miss America Pageant, nd has thereby performed a service for all citizens f this state. NOW, THEREFORE, BE IT RESOLVED by the First egular Session of the Forty-first Idaho Legislature, the louse of Representatives and the Senate concurring herein, that the members recognize and commend the ccomplishments of Miss Norlyn Olson and express appre iation for her service to the state as Miss Idaho for 1970. BE IT FURTHER RESOLVED that the Clerk of the [ouse be, and she is hereby authorized and directed to ransmit suitable copies of this resolution to Miss Norlyn )lson. H.C.R. 9 was ordered held at the desk for two legisla lye days. Motion to Suspend Rules Ir. President: I move that all rules of the Senate interfering with the nmediate passage of S. 1078, as amended, be suspended; hat the portions of Section 15 Article 3 of the Constitution f the State of Idaho requiring all bills to be read on tree several days be dispensed with, this being a case of rgency, and that S. 1078, as amended, be read the first ime by title, second time by title, and third time at length, ection by section, and be put upon its final passage. Moved by Senator Barker. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Allen, Barker, Bivens, Brassey, Brown, Budge, hase, Cobbs, Crookham, Ellsworth (20), Ellsworth (30), vans, Fredericksen, Manley, Mix, Murphy, Peavey, Rig y, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, ‘arbrough. Total—25. NAYS None. Absent and excusec.1 Bilyeu, Crutcher, Egbert, High, idwell, Klein, Manning, Miller, Mitchell, Williams. Total —10. Total—35. More than two-thirds having voted in the affirmative he President declared the rules suspended. S. 1078, as amended, was read the third time at length, ection by section and placed before the Senate for final onsideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bivens, Brassey, Brown, Budge, hase, Cobbs, Crookham, Crutcher, Ellsworth (20), Ells rorth (30), Evans, Fredericksen, High, Kidwell, Manley, lix, Murphy, Rigby, Saxvik, Solberg, Stoicheff, Summers, wenson, Yarbrough. Total—26. —
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February 27)
NAYS Peavey, Steen. Total—2. Absent and excused Bilyeu, Egbert, Klein, Manning, Miller, Mitchell, Williams. Total—7. Potal—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. On motion by Senator Kidwell, seconded by Senator Murphy, H.J.M. 6 was adopted. Title was approved and the memorial ordered returned to the House. —
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Introduction, First reading and Reference of Bills S. 1194 By HEALTH, EDUCATION AND WELFARE COMMITTEE AN ACT Amending Section 56-219, Idaho Code, by defining fi nancially irresponsible, and providing that financial irre sponsibility is an additional cause for the appointment of a guardian, providing that such guardianship is subject to the proceedings of hearing to determine restoration to competency as provided in Section 15-1818, Idaho Cede, and the laws of guardianship of this state so far as applicable; amending Section 15-1801, Idaho Code, to provide for the appointment by the court of competent jurisdiction, of a guardian for public assistance for any recipient who has been adjudged by said court to be financially irresponsible or unable to manage the assist ance granted to him; amending Section 15-1815, Idaho Code, by providing a definition of financially irresponsible, providing that financial irresponsibility is an additional cause for the appointment of a guardian, and providing hearing proceedings prior to appointment of a guardian; amending Section 15-1816, Idaho Code, by providing that if public assistance moneys are essential to a person’s subsistance and he is judged incompetent, a guardian may be appointed to manage his income including public assistance; and amending Section 15-1817, Idaho Code, by providing that the guardian need not give bond where the ward is an irresponsible recipient of public assistance. S. 1195 By HEALTH, EDUCATION AND WELFARE COMMITTEE AN ACT Relating to hearing aid dealers and fitters; providing definitions; prohibiting the sale or fitting of hearing aids without a state license; requiring the furnishing of re ceipts to persons patronizing licensees; designating per sons and practices not affected by this act; providing for licensing of previously practicing fitters or dealers; pro viding for the licensing of fitters and dealers; providing for examinations of applicants for licenses; providing for temporary permit; providing for content of applicant examination; requiring that licensees notify the Depart ment of Law Enforcement of their places of business; providing for annual renewal of licenses; providing grounds for suspension of license; enumerating acts and practices prohibited of licensees; providing certain powers and duties of the Department of Law Enforcement; estab lishing a Board of Hearing Aid Dealers and Fitters; providing the duties of the Board; providing for meetings of the Board; providing for disposition of receipts re ceived pursuant to this act; providing penalty for violation of this act; and providing for severability. S. 1194 and S. 1195 were introduced, read the first time at length and referred to the Judiciary and Rules Com mittee for printing. H. 212, by Appropriations Committee, was introduced, read the first time at length and referred to the Health, Education and Welfare COmmittee. H. 36, as amended, by Judiciary, Rules and Adminis tration Committee, was introduced, read the first time
February 27
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length and referred to the Judiciary and Rules Corn nittee. H. 180, as amended, by Resources and Conservation Jommittee, was introduced, read the first time at length Lnd referred to the Resource and Environment Committee. H. 121, as amended, by Ravenscroft, Hyde, Hedlund nd Onweiler, was introduced, read the first time at length rnd referred to the Resource and Environment Committee. H. 193, as amended, by Judiciary, Rules and Adminis ;ration Committee, was introduced, read the first time t length and referred to the Judiciary and Rules Com nittee. H. 220, by Ways and Means Committee, was introduced, read the first time at length and referred to the Judiciary rnd Rules Committee. H. 26, as amended, by the Business Committee was ntroduced, read the first time at length and referred ;o the Commerce and Banking Committee. H. 54, as amended, by Molyneaux and Williams, was ntroduced, read the first time at length and referred ;o the Local Government and Taxation Committee. tt
Second Reading of Bills H. 111, by Rice, was read the second time at length rnd filed for third reading. S. 1168, by Agricultural Affairs Committee, was read ;he second time at length and filed for third reading. H. 154, by Revenue and Taxation Committee, was read ;he second time at length and filed for third reading. S. 1015, as amended in the House, by Judiciary and Rules Committee, was read the second time at length and iled for third reading. 5. 1019, as amended, by State Affairs Committee, was ead the second time at length and filed for third reading. Third Reading of Bills On request by Senator Rigby, granted by unanimous :onsent, 5. 1147 retained its place on the Third Reading Dalendar for three legislative days, until Wednesday, ‘farch 3, 1971. On request by Senator Swenson, granted by unanimous :onsent, H. 141 was recommitted to the Agricultural 4ffairs Committee. H. 132 was read the third time at length, section by section and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens Brown, Budge, Dhase, Cobbs, Crutcher, Ellsworth (20), fredericksen, Kid rell, Manley Manning, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvifc, Solberg, Steen, Stoicheff, Summers, Swen son. Total—25. NAYS—None. Absent and excused—Brassey, Crookham, Egbert, Ells vorth (30), Evans, High, Klein, Miller, Williams, Yar rough. Total—lO. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to bhe House. H. 173 was read the third time at length, section by section and placed before the Senate for final considera bion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Dobbs, Crutcher, Ellsworth (20), Ellsworth (30), Fied ricksen, Kidwell, Manley, Manning, Mitchell, Mix, Mur
phy, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson. Total—24. NAYS—None. Absent and excused—Brassey, Chase, Crookham, Egbert, Evans, High, Klein, Miller, Peavey, Williams, Yarbrough. Total—li. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. The President called Senator Budge to the Chair. On request by Senator Murphy, granted by unanimous consent, H. 109 retained its place on the Third Reading Calendar until Monday, March 1, 1971. II. 165 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brown, Budge, AYES Cobbs, Crutcher, Ellsworth (20), Ellsworth (30), Fred ericksen, Kidwell, Manley, Manning, Mitchell, Mix, Mur phy, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson. Total—24. NAYS None. Absent and excused Brassey, Chase, Crookham, Eg bert, Evans, High, Klein, Miller, Peavey, Williams, Yar brough. Total—li. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 207 was read the third time at length, section by section and placed before the Senate for final considera. tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brown, Budge, Cobbs, Crookham, Crutcher, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Klein, Manley, Manning, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Swenson. Total—27. NAYS None. Absent and excused Brassey, Chase, Egbert, Kidwell, Miller, Summers, Williams, Yarbrough. Total—S. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. On request by Senator Murphy, granted by unanimous consent, S. 1136 retained its place on the Third Reading Calendar until Monday, March 1, 1971. S. 1110 was read the third time at length, section by section and placed before the Senate for final considers. tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Budge, Cobbs, Ellsworth (30), Evans, High, Klein, Manning, Mitchell, Mix, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson. Total—2i. —
Brown, Chase, Crutcher, Fredericksen, Man NAYS ley, Murphy. Total—6. Absent and excused Brassey, Crookham, Egbert, Ells. —
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worth (20), Kidwell, Miller, Williams, Yarbrough. Total —8. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and bill ordered transmitted to the House. S. 1048, as amended in the House, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs. Crookham, Crutcher, Ellsworth (20), Illsworth (30), Evans, Fredericksen, Kidwell, Klein, Manley, Manning, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson. Total—29. NAYS None. Absent and excused Brassey, Egbert, High, Miller, Williams, Yarbrough. Total—6. Total—35. Whereupon the Acting President declared the bill passed. S. 1048, as amended in the House, was referred to the Judiciary and Rules Committee for enrolling. S. 1043 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” -
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Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brown, Budge, AYES Chase, Cobbs, Crookham, Crutcher, Ellsworth (20), Ells worth (30). Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Swenson. Total—29. NAYS None. Absent and excused Brassey, Egbert, Miller, Sum mers, Williams, Yarbrough. Total—6. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. On request by Senator Peavey, granted by unanimous consent, S. 1109 was referred to the Fourteenth Order of Business, General Calendar, for amendment. S. 1128 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brown, Budge, AYES Cobbs, Crookham, Crutcher, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Klein, Manley, Manning, Mitchell, Murphy, Rigby, Solberg, Steen, Summers, Swen son. Total—24. NAYS Saxvik, Stoicheff. Total—2. Absent and excused Brassey, Chase, Egbert, Kidwell, Miller, Mix, Peavey, Williams, Yarbrough. Total—9. Total—35. Whereupon the Acting President declared the bill passed. —
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Title was approved and the bill ordered transmitted to the House. On request by Senator Brassey, granted by unanimous
March 1]
consent, S. 1173 was referred to the Fourteenth Order ol Business, General Calendar, for amendment. H. 62 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Man ning, Mitchell, Mix, Murphy, Rigby, Saxvik, Solberg. Steen, Stoicheff, Summers, Swenson. Total—28. NAYS Crookham, Crutcher, Peavey. Total—3. Absent and excused Egbert, Miller, Williams, Yar brough. Total—4. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 175 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Brassey, Budge, Chase, Cobbs, Crookham, Crutcher, Ellsworth (20), Ellswortb (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson. Total—28. NAYS None. Absent and excused Bivens, Brown, Egbert, Miller, Mitchell, Williams, Yarbrough. Total—7. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by President Pro-Tempore Eilsworth, sec onded by Senator Mix, the Senate adjourned until 10:00 o’clock n.m., Monday, March 1, 1971. REED BUDGE, Acting President. Attest: ARTHUR WILSON, Secretary. —
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FIFTIETH LEGISLATIVE DAY MONDAY, MARCH 1, 1971
Senate Chamber, Boise, Idaho, March 1, 1971. President Murphy called the Senate to order at 10:00 o’clock a.m. Roll call showed all members present except Senator Rigby, excused. The following prayer was offered by Chaplain Newell Morgan: Almighty God, Thou Who hast prepared for us this world and within it that which is meaningful, useful and needful, grant to us today an increased measure of Thy wisdom that we may, as good stewards, use for the
[March 1
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good of all mankind those things trusted to our care and responsibility. May we be ever mindful that it is to Thee we are accountable for life. While Thou hast not seen fit to reveal to us the coming events of today, tomorrow or the days to come, we are thankful Thou has assured us of Thy Presence and wisdom to guide us safely through every tomorrow. Grant us the sensitivity, willingness and courage to follow Thee down the path of duty and responsibility into this day and each tomorrow. As these lawmakers stand at the beginning of a busy, important week, bless with progress and achievement their every effort. Make them adequate in every situation. We place in Thy love and keeping. In Christâ&#x20AC;&#x2122;s Name, Amen. Reports of Standing Committees March 1, 1971. The JUDICIARY AND RULES Committee reports that Enrolled S.J.M. 101 was delivered to the Secretary of State on March 1, 1971, at the hour of 9:15 oâ&#x20AC;&#x2122;clock a.m. KLEIN, Chairman. The President ordered the report filed in the office of the Secretary of the Senate. March 1, 1971. The JUDICIARY AND RULES Committee reports that S. 1190, S. 1191, S. 1192, S. 1193, S.J.R. 106, S. 1194 and S. 1195 have been correctly printed. KLEIN, Chairman. S. 1190 was referred to the State Affairs Committee. S. 1191, S. 1192, S.3.R. 106, S. 1194 and S. 1195 were referred to the Health, Education and Welfare Committee. S. 1193 was referred to the Judiciary and Rules Com mittee. February 27, 1971. The LOCAL GOVERNMENT AND TAXATION Com mittee reports out S. 1101 with the recommendation that it be referred to the Fourteenth Order of Business fo amendment. BROWN, Chairman. S. 1101 was referred to the General Calendar for amend ment. March 1, 1971. The FINANCE Committee reports out H. 229 with the recommendation that it do pass. HIGH, Chairman. H. 229 was filed for second reading. March 1, 1971. The JUDICIARY AND RULES Committee reports that S. 1046, S. 1048, as amended in the House, S. 1061, S. 1099 and S. 1108 have been correctly enrolled. KLEIN, Chairman. The President announced he was about to sign Enrolled S. 1046, S. 1048, as amended in the House, S. 1061, S. 1099 and S. 1108 and when so signed, ordered them transmitted to the House for the signature of the Speaker. March 1, 1971. The JUDICIARY AND RULES Committee reports out S. 1181 with the recommendation that it do pass. KLEIN, Chairman.
14
March 1, 1971. The HEALTH, EDUCATION AND WELFARE Corn. mittee reports out S. 1166 without recommendation. BARKER, Chairman. March 1, 1971. The HEALTH, EDUCATION AND WELFARE Corn mittee reports out H. 208 with the recommendation that ii do pass. BARKER, Chairman. S. 1181, S. 1166 and H. 208 were filed for second reading Messages from the House February 27, 1971. Mr. President: I return herewith S. 1157 which has failed to pass th House. FITZWATER, Chief Clerk. S. 1157 was ordered filed in the office of the Secretary oJ the Senate. February 27, 1971. Mr. President: I transmit herewith H. 236, H. 223, H. 198, H. 242 H. 191, as amended, and return herewith S. 1154, S. 1160 S. 1057, 5. 1044, S. 1075, as amended, and S. 1153 whici have passed the House. FITZWATER, Chief Clerk. H. 236, H. 223, H. 198, H. 242 and H. 191, as amended were filed for first reading. S. 1154, S. 1160, S. 1057, S. 1044, S. 1075, as amended and S. 1153 were referred to the Judiciary and Rules Corn mittee for enrolling. February 27, 1971. Mr. President: I transmit herewith Enrolled H. 135, H. 153, H. 158 H. 211, H. 205, H. 174, H. 146, H. 156, H. 157, H. 134 H. 155 and H. 188 which have been signed by the Speaker FITZWATER, Chief Clerk. The President announced he was about to sign Enrollec H. 135, H. 153, H. 158, H. 211, H. 205, H. 174, II. 146 H. 156, H. 157, H. 134, H. 155 and H. 188 and when sc signed, ordered them returned to the House. Introduction, First Reading and Reference of Bills S. 1196 By STATE AFFAIRS COMMITTEE AN ACT Amending Chapter 1, Title 44, Idaho Code, by addini a new Section 44-104B, Idaho Code, providing that th Department of Labor may receive and expend Federa funds to accomplish the purposes set forth in the Idah Labor Laws. S. 1197 By HEALTH, EDUCATION AND WELFARE COMMITTEE AN ACT Relating to cabin site leases; amending Section 39-3609 Idaho Code, by requiring cottage sites existing prior t the effective date of this Act to receive certification fron the Department of Health of a proper sewage disposa system within two years from the effective date of thi Act, and providing an extension provision; amendini Section 39-3611, Idaho Code, by requiring the Departmen of Health to conduct a site by site inventory of cottag sites to determine the existing sewage disposal system
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March ii
and providing measures to insure adequate systems; and providing an effective date. S. 1196 and S. 1197 were introduced, read the first time at length and referred to the Judiciary and Rules Com mittee for printing. II. 236, H. 223 and H. 242, by Ways and Means Com mittee, were introduced, read the first time at length and referred to the Judiciary and Rules Committee. H. 198, by Resources and Conservation Committee, was introduced, read the first time at length and referred to the Resources and Environment Committee. H. 191, as amended, by State Affairs Committee, was introduced, read the first time at length and referred to the Labor and Economic Development Committee.
NAYS—Bivens, Budge, Ellsworth (20), Ellsworth (30) Kidwell, Steen, Summers, Williams, Yarbrough. Total—9. Absent and excused—Brassey, Crookham, Fredericksen, High, Rigby. Total—5. Total—35. Whereupon the Acting President declared the bill passed and ordered it referred to the Judiciary and Rules Committee for enrolling. On request by Senator Summers, granted by unanimous consent, S. 1019, as amended, retained its place on the Third Reading Calendar for one legislative day. H. 109 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?”
Second Reading of Bills Agricultural Affairs Committee, was read 1167, by S. the second time at length and filed for third reading. H. 67, by Resources and Conservation Committee, was read the second time at length and filed for third reading. S.J.R. 102, by Judiciary and Rules Committee, was read the second time at length and filed for third reading. S. 1174, by Commerce and Banking Committee, was read the second time at length and filed for third reading. S. 1179, S. 1180, 5. 1182 and S. 1183, by Judiciary and Rules Committee, were read the second time at length and filed for third reading. Third Reading of Bills On request by Senator Kidwell, granted by unanimous consent, all House Bills were placed at the foot of the Third Reading Calendar. On request by Senator Allen, granted by unanimous consent, S. 1136 retained its place on the Third Reading Calendar for one legislative day. On request by Senator Chase, granted by unanimous consent, S. 1141 and S. 1142 were placed at the foot of the Third Reading Calendar. The President called Senator Brown to the Chair. S. 1168 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?”
Roll call resulted as follows: AYES—Barker, Brassey, Budge Ellsworth (20), Fred ericksen, High, Kidwell, Manley, Vfiller, Peavey Saxvik, Stoicheff, Summers, Swenson, Yarbrough. Totaf—15. NAYS—Allen, Bilyeu, Bivens, Brown, Chase, Cobbs, Crookham Crutcher, Egbert, Ellsworth (30), Evans? Klein, Manning, lViitchell, Mix, Murphy, Solberg, Steen, Williams Total—19, Absent and excused—Rigby. Total—i. Total—35. Whereupon the Acting President declared the bill lost and ordered the bill returned to the House. Senator Williams, having voted on the prevailing side by which H. 109 failed to pass in the Senate, served notice that he may, on this or the next legislative day move for reconsideration of the vote. Moved by Senator Murphy, seconded by Senator Cobbs, that the vote by which H 109 failed to pass in the Senate, be now reconsidered. Roll call vote was requested by Senators Crutcher, Mi and Murphy. The question being, “Shall the Senate reconsider the vote by which II. 109 lost in the Senate?”
Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ells worth (30), Fredericksen, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—30. NAYS—None. Absent and excused—Brassey, Chase, Evans, High, Rigby. Total—5. Total—35. Whereupon the Acting President declared the bill passed. Titie was approved and the bill ordered transmitted to the House. S. 1015, as amended in the House, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Brown, Chase, Cobbs, Drutcher, Egbert, Evans, Klein, Manley, Manning, Miller, 1itchell, Mix, Murphy, Peavey, Saxvik, Solberg, Stoicheff, Swenson. Total—21.
Roll call resulted as follows: AYES—Barker, Brassey, Budge, Ellsworth (20), Fred ericksen, High, Kidwell, Manley, Miller, Peavey, Saxvik, Steen, Stoicheff, Swenson, Williams. Total—i5. NAYS—Allen, Bilyeu, Bivens, Brown, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (30), Evans, Klein, Manning, Mitchell, Mix, Murphy, Solberg, Summers, Yar brough. Total—19. Absent and excused—Rigby. Total—i. Total—35. Whereupon the Acting President declared the motion lost and ordered H. 109 returned to the House. H. 111 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brown, Budge, Chase, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Mitchell, Mix, Peavey, Saxvik, Solberg, Stoicheff, Summers, Williams, Yarbrough. Total—27. NAYS—Miller, Murphy, Steen. Total—3. Absent and excused—Allen, Brassey, Cobbs, Rigby, Swenson. Total—5. Total—35. Whereupon the Acting President declared the bill passed.
SENATE JOURNAL
March 1
Title was approved and the bill ordered returned to he House. On request by Senator Chase, granted by unanimous onsent, S. 1141 was recommitted to the Judiciary and tules Committee. H. 154 was read the third time at length, section by ection and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, 3udge, Chase, Cobbs, Egbert, Ellsworth (20), Ellsworth 30), Fredericksen, Kidwell, Klein, Manley, Miller, Mit heil, Mix, Peavey, Saxvik, Solberg, Steen, Stoicheff, Sum ners, Swenson, Williams, Ynrbrough. Total—28. NAYS Manning, Murphy. Total—2. Absent and excused Crookham, Crutcher, Evans, ligh, Rigby. Total—5. Total—35. Whereupon the Acting President declared the bill assed. Title was approved and the bill ordered returned to •he House. On request by Senator Chase, granted by unanimous onsent, S. 1142 was placed at the top of the Third teading Calendar for Tuesday, March 2, 1971. On request by President Pro-Tempore Ellsworth, granted y unanimous consent, the Senate advanced to the ?ifteenth order of Business. —
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Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec )nded by Senator Crutcher, the Senate recessed until 1:30 )‘clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant to ecess, President Murphy presiding. Roll call showed all members present except Senators R.igby and Saxvik, excused. Prior to recess the Senate was at the Fifteenth Order )f Business. There being no objection, the Senate returned to the rhird Order of Business. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that ;he Senate Journal of the proceedings of Friday, February 6, 1971 and Saturday, February 27, 1971 were read and pproved as corrected. KLEIN, Chairman. Report adopted. Reports of Standing Committees March 1, 1971. The JUDICIARY AND RULES Committee reports that 1123, as amended, and S.J.R. 103, as amended, have been :orrectly engrossed. KLEIN, Chairman. S. 1123, as amended, and S.J.R. 103, as amended, were fled for first reading. March 1, 1971. The STATE AFFAIRS Committee reports out S. 1186, 1187 and S. 1188 with the recommendation that they do pass. SUMMERS, Chairman. .
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March 1, 1971. The STATE AFFAIRS Committee reports out S. 1074 with the recommendation that it do pass. SUMMERS,
Chairman.
March 1, 1971. The STATE AFFAIRS Committee reports out H. 96, as amended, without recommendation. SUMMERS, Chairman. March 1, 1971. The LOCAL GOVERNMENT AND TAXATION Com mittee reports out II. 54, as amended, II. 162 and H. 159 with the recommendation that they do pass. BROWN, Chairman. S. 1186, S. 1187, S. 1188, S. 1074, H. 96, as amended, H. 54, as amended, H. 162 and II. 159 were filed for second reading. March 1, 1971. Mi’. President: I transmit herewith Enrolled H. 108, H. 140 and H. 48, as amended in the Senate, and return herewith Enrolled S.C.R. 109 which have been signed by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign Enrolled H. 108, H. 140 and H. 48, as amended in the Senate, and when so signed ordered them returned to the House. Enrolled S.C.R. 109 was referred to the Judiciary and Rules Committee for transmittal to the Secretary of State. March 1, 1971. Mr. President: I transmit herewith H.C.R. 8, H. 231, H. 235, H. 93, as amended, II. 177, as amended, H. 234 and return here with S. 1158, S. 1159, S. 1102 and S. 1126 which have passed the House. FITZWATER, Chief Clerk. H.C.R. 8 was referred to the Tenth Order of Business. H. 231, H. 235, H. 93, as amended, H. 177, as amended, and H. 234 were filed for first reading. S. 1158, S. 1159, S. 1102 and S. 1126 were referred to the Judiciary and Rules Committee for enrolling. Motiens and Resolutions The following resolution was read at length by the Secretary: H.C.R. 8 By WAYS AND MEANS COMMITTEE A CONCURRENT RESOLUTION Recognizing and extending congratulations on her ac complishments to Miss Lana Brackenbury, Miss Rodeo America. Be ft Resolved by the Legislature of the State of Idaho: WHEREAS, through her unique combination of skilled horsemanship, beauty, and personality, Miss Lana Brackenbury was selected Miss Rodeo Idaho to represent the state of Idaho in the Miss Rodeo America competition; and WHEREAS, this competition demonstrated her dedica tion to the finest qualities of the American cowgirl and resulted in her selection as Miss Rodeo America; aná WHEREAS, Miss Brackenbury is the personification of the highest qualities of young womanhood which bring credit to her, to her family and to the state of Idaho; and WHEREAS, in her travels throughout the nation, Miss Brackenbury will be an outstanding representative of our state of Idaho.
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NOW, THEREFORE, BE IT RESOLVED by the House of Representatives of the state of Idaho, the Senate con curring therein, that the members of the Forty-first Idaho Legislature take this opportunity to extend congratula tions and very best wishes in her year as Miss Rodeo America to Miss Lana Brackenbury. BE IT FURTHER RESOLVED that the Chief Clerk of the House of Representatives of the state of Idaho be, and she is hereby authorized and directed to transmit suit able copies of this resolution to Miss Lana Brackenbury and to her family. H.C.R. 8 was ordered held at the desk for two legisla tive days. Introduction, First Reading and Reference of Bills 5. 1198 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 23-1037, Idaho Code, by adding a provision thereto authorizing the Commissioner of Law Enforcement to establish and accept a monetary payment not to exceed $5,000 in lieu of a license suspension on petition of the licensee; providing that the proceeds of such payment shall be paid to the County Treasurer of the county in which the violation occurred to be credited to the County School Fund. S. 1199 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 49-502, Idaho Code, by amending Subsection (e) thereof, defining an emergency vehicle as any vehicle operated by any fire department, law en forcement agency of the state of Idaho or any political subdivision thereof, ambulances and emergency vehicles of any public utility or public service corporation oper ating within the state of Idaho; and declaring an emer gency. 5. 1200 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 49-526, Idaho Code, by amending Subsection (c) exempting an authorized emergency vehicle from certain traffic laws when operating with a flashing light, visible in a 360° arc at a distance of 1000 feet under normal atmospheric conditions, or a siren, whistle or other signal having a decibel level of at least a hundred at a distance of ten feet or both; and declaring an emergency. 5. 1201 By STATE AFFAIRS COMMITI’EE AN ACT Amending Section 49-827, Idaho Code, by striking the last sentence of Subsection (b) thereof and adding “except as specifically authorized by this section”; amending Sub section (c) thereof by adding “highway maintenance vehicles and tow and wrecking trucks when actually answering an emergency call or transporting or towing a disabled vehicle” to those vehicles now permitted to use flashing lights; by adding a new Subsection (d) reserving blue revolving or stationary flashing lights or a combination of blue and red flashing lights visible in a 360° arc to the exclusive use on vehicles operated by the state of Idaho, or any county or municipality of the state of Idaho, engaged in the enforcement of any state or local law or ordinance or laws of the United States; by adding a new Subsection (e) authorizing the use of red revolving or stationary type flashing lights visible in a 360° arc on all emergency vehicles as defined by Section 49-502(e), Idaho Code, and tow and wrecking trucks when actually answering an emergency call or transporting or towing a disabled vehicle; and by adding a new Subsection (f) authorizing amber revolving or
stationary type flashing lights may be used on all sno removal and highway maintenance equipment subject tc the provisions of Section 49-828, Idaho Code, and or other vehicles for the purpose of indicating the presenc< of a vehicular traffic hazard requiring unusual care ir approaching, overtaking or passing of the same; anc declaring an emergency. S. 1202 By STATE AFAIRS COMMITTEE AN ACT Authorizing the establishment of the Idaho Marketing Act of 1971; providing short title; defining terms; pro viding for commission; providing powers, administrativE authority; providing for marketing orders and agree ments; providing for hearings, inspection and enforce ment; providing for commission members, committees and consultants, and term of office; providing for repea 22-1212, Idaho Code; providing of Sections 22-1201 method of funding; providing a penalty for violation; providing severability; providing for transfer of fund and equipment; and declaring an emergency. S. 1198, 5. 1199, S. 1200, S. 1201 and S. 1202 wer introduced, read the first time at length and referred tc the Judiciary and Rules Committee for printing. S. 1123, as amended, by Health, Education and Welfar Committee, was read the first time at length and filed for second reading. S.J.R. 103, as amended, by Health, Education and Wel fare Committee, was read the first time at length anc filed for second reading. H. 234 and II. 235, by State Affairs Committee, wer introduced, read the first time at length and referred tc the Local Government and Taxation Committee. H. 231, by State Affairs Committee, was introduced read the first time at length and referred to the Trans. portation Committee. H. 93, as amended, by Health and Welfare Committee was introduced, read the first time at length and referrec to the Judiciary and Rules Committee. H. 177, as amended, by Agricultural Affairs Committee, was introduced, read the first time at length and referrec to the Agricultural Affairs Committee. On request by Senator Bivens, granted by unanimom consent, the Senate advanced to the Fifteenth Order oi Business. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec onded by Senator Crutcher, the Senate adjourned until 10:00 o’clock n.m., Tuesday, March 2, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary. —
FIFTY-FIRST LEGISLATIVE DAY TUESDAY, MARCH 2, 1971 Senate Chamber, Boise, Idaho, March 2, 1971. President Murphy called the Senate to order at 10:0C o’clock n.m. Roll call showed all members present. The following prayer was offered by Chaplain Newell Morgan: Our Eternal God and Father, Whose kindness is loving
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rnd Whose patience is infinite, hear us again as we pray, iot because of what we say but because of the deep eed that drives us to Thee. For being a part of this generation, heirs of such greatness from the past, we humbly thank Thee. We re most grateful for the persons in previous generations vho by great effort, personal sacrifice, even to the point )f laying down their lives, we enjoy the fruits of self government. Help us, Our God, that we shall never forget what we iave and the priceless effort that produced these things. ive us the never-ending desire, the restless wisdom Lnd the sleepless vigilance to preserve to ourselves and ur posterity the effectiveness of our democracy. Make us strong, our God, in conviction, with insight or our times and courage for our testing. May Your ?resence be a blessing this day to all who serve within ;his Chamber. In Our Lord’s Name, Amen. Reading of Communications BOARD OF COMMISSIONERS of the IDAHO STATE BAR February 26, 1971
[‘he Hon. Jack M. Murphy ‘resident, Senate state of Idaho 3oise, Idaho Dear Sir: Pursuant to the Statute, we have heretofore nominated nd appointed Judge Cogswell from Sandpoint as our iominee on the Judicial council. If you will care to eliminate our re-appointment, he vill be our nominee upon the expiration of his term n June, 1971. Very truly yours, Is! E. L. MILLER The President ordered the appointment referred to the state Affairs committee. Reports of Standing Committees March 1, 1971. The RESOURCES AND ENVIRONMENT Committee reports out H. 121, as amended, with the recommendation that it be referred to the Transportation Committee. WILLIAMS, Chairman. H. 121, as amended, was ordered recommitted to the Fransportation Committee. The JUDICIARY AND RULES Committee reports that 1022, S. 1029, S. 1053 and S. 1070, as amended, were lelivered to the Governor, at 11:30 a.m. on March 1, 1971. The President ordered the report filed in the office )f the Secretary of the Senate. March 2, 1971. The JUDICIARY AND RULES Committee reports that 1028, S. 1044, S. 1057, S. 1075, as amended, S. 1153, 1154 and S. 1160 have been correctly enrolled. KLEIN, Chairman. The President announced he was about to sign Enrolled 1028, S. 1044, S. 1057, S. 1075, as amended, S. 1153, 1154 and S. 1160, and when so signed, ordered them ;ransmitted to the House for the signature of the Speaker. March 2, 1971. The JUDICIARY AND RULES Committee reports that .
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S. 1015, as amended in the House, S. 1102, S. 1126, S. 1158 and S. 1159 have been correctly enrolled. KLEIN, Chairman. The President announced he was about to sign Enrolled S. 1015, as amended in the House, S. 1102, S. 1126, S. 1158 and S. 1159, and when so signed ordered them transmitted to the House for the signature of the Speaker. March 2, 1971. The JUDICIARY AND RULES Committee reports that S. 1148, as amended, has been correctly engrossed. KLEIN, Chairman. S. 1148, as amended, was filed for first reading. March 1, 1971. The STATE AFFAIRS committee reports out S. 1190 with the recommendation that it be referred to the Com merce and Banking Committee. SUMMERS, Chairman. S. 1190 was referred to the Commerce and Banking Committee. March 2, 1971. The JUDICIARY AND RULES Committee reports that S. 1196, S. 1197, S. 1198, S. 1199, S. 1200 and S. 1201 have been correctly printed. KLEIN, Chairman. S. 1196 was referred to the Labor and Economic Devel opment committee. S. 1197 was referred to the Health, Education and Wel fare Committee. S. 1198 was referred to the State Affairs Committee. 5. 1199, S. 1200 and S. 1201 were referred to the Transportation Committee. Messages from the Governor STATE OF IDAHO Office of the Governor BOISE February 27, 1971 The Honorable Jack Murphy President of the Senate Senate Chambers Building Dear Mr. President: I have the honor to inform you that I have this day approved and am transmitting to the Secretary of State the following Senate Bills, to-wit: SENATE BILL 1005 SENATE BILL 1026 SENATE BILL 1066 Sincerely, Is! CECIL D. ANDRUS Governor The President ordered the message filed in the office of the Secretary of the Senate. Motions and Resolutions The President announced H.C.R. 9 was before the Sen ate for final consideration. On motion by Senator Bivens, seconded by Senator Crutcher, n.C.R. 9 was adopted, title approved and the resolution ordered returned to the House. Introduction, First Reading and Reference of Bills S. 1148, as amended, by State Affairs Committee, was read the first time at length and filed for second reading.
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Second Reading of Bills H. 229, by Appropriations Committee, was read the second time at length and filed for third reading, S. 1181, by Judiciary and Rules Committee, was read the second time at length and filed for third reading. S. 1166, by Health, Education and Welfare Committee, was read the second time at length and filed for third reading. H. 208, by Health and Welfare Committee, was read the éecond time at length and filed for third reading. S. 1186, S. 1187 and S. 1188, by State Affairs Committee, were read the second time at length and filed for third
reading.
S. 1074, by Manning and Summers, was read the sec ond time at length and filed for third reading. II. 96, as amended, by State Affairs Committee, was read the second time at length and filed for third reading. H. 54, as amended, by Molyneaux and Williams, was read the second time at length and filed for third reading, H. 162 and H. 159, by Revenue and Taxation Committee, were read the second time at length and filed for third reading. S. 1123, as amended, and S.J.R. 103, as amended, by Health, Education and Welfare Committee, were read the second time at length and filed for third reading. Third Reading of Bills On request by Senator Barker, granted by unanimous consent, S. 1136 retained its place on the Third Reading Calendar for two legislative days until March 4, 1971. S. 1142 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Moved by Senator Kidwell, seconded by Senator Bivens, that 5. 1142 be recommitted to the Judiciary and Rules Committee. Roll call vote was requested by Senators Manning, Crutcher and Mitchell. The question being, “Shall S. 1142 be recommitted to the Judiciary and Rules Committee?” Roll call resulted as follows: AYES Allen, Barker, Bivens, Brassey, Brown, Budge, Cobbs, Crookham, Ellsworth (20), Ellsworth (30), High, Kidwell, Klein, Peavey, Steen, Summers, Swenson, Wil liams, Yarbrough. Total—19. NAYS Bilyeu, Chase, Crutcher, Egbert, Evans, Fred ericksen, Manley, Manning, Miller, Mitchell, Mix, Murphy, Rigby, Saxvik, Solberg, Stoicheff. Total—16. Total—35. Whereupon the President declared the motion passed and S. 1142 was recommitted to the Judiciary and Rules Com mittee. On request by Senator Summers, granted by unanimous consent, S. 1019, as amended, retained its place on the Third Reading Calendar for two legislative days. The President called Senator Egbert to the Chair. S. 1183 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES Barker, Bilyeu, Brassey, Brown, Budge, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20) Evans, High, Klein, Manley, Manning, Miller, Mitchell, Mix Murphy Peavey, Rigby, Steen, Stoicheff, Summers, Williams, Yar brough. Total—26. —
March 2J
NAYS Saxvik. Total—i. Absent and excused Allen, Bivens, Chase, Ellswort}i (30), Fredericksen, Kidwell, Solberg, Swenson. Total—8. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted tc the House. S. 1182 was read the third time at length, section b section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES Barker, Bilyeu, Bivens, Brown, Budge, Crook ham, Crutcher, Egbert Ellsworth (20) Evans, Frederick sen, High, Klein, Manley, Manning, Miller, Mitchell, Mix Murphy, Peavey, Rigby, Solberg, Steen, Stoicheff, Sum mers, Williams, Yarbrough. Total—27. NAYS None. Absent and excused Allen, Brassey, Chase, Cobbs Ellsworth (30), Kidwell, Saxvik, Swenson. Total—8. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted tc the House. S. 1180 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brown, Budge, Crook ham, Crutcher, Egbert, Ellsworth (20), Evans, Frederick. sea, High, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Solberg, Steen, Stoicheff, Sum mers, Williams, Yarbrough. Total—27. NAYS—None. Absent and excused—Allen, Brassey, Chase, Cobbs, Ells worth (30), Kidwell, Saxvik, Swenson. Total—8 Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitLec to the House. S. 1179 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brassey, Brown, Budge Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworti (30), Fredericksen, High, Kidwell, Klein, Manley, Man ning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Sax vik, Steen, Stoicheff, Summers, Williams, Yarbrough Total—30. NAYS—None. Absent and excused—Allen, Ellsworth (20), Evans, Solberg, Swenson. Total—S. Total—35. Whereupon the Acting President declared the passed.
bil
Title was approved and the bill ordered transmitted to the House. S. 1174 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?”
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[March 2
Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brassey, Budge, Cobba, Ellsworth (20), Ellsworth (30), Manning, Peavey, Stoi cheff, Williams. Total—12. NAYS—Brown, Chase, Crutcher, Eghert, Fredericksen, High Kidwell, Klein, Manley, Miller, Mitchell, Mix, Mur phy, Rigby, Saxvik, Solberg, Steen, Summers. Total—iS. Absent and excused—Allen, Crooltham, Evans, Swenson, Yarbrough. Total—5. Total—35. Whereupon the Acting President declared the bill lost and ordered it filed in the office of the Secretary of the Senate. On motion by President Pro-Tempore Ellsworth, sec onded by Senator Mix, the Senate recessed until 1:30 o’clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant to recess President Murphy presiding. Roll call showed all members present. Prior to recess the Senate was at the Thirteenth Order of Business. Third Reading of Bills S.J.R. 102 was read the third time at length, section by section and placed before the Senate for final con sideration, the question being, “Shall the resolution be adopted?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Ellsworth (20), Ells worth (30), Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—32. NAYS—None. Absent and excused—Brassey, Egbert, Evans. Total—S. Total—35. More than two-thirds having voted in the affirmative the President declared S.J.R. 102 adopted. Title was approved and the resolution ordered trans mitted to the House. S. 1167 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bivens, Brown, Budge, Eghert, Ellsworth (20), Evans, Fredericksen, Klein, Miller, Peavey, Rigby, Saxvik, Steen, Swenson, Williams, Yarbrough. Total—iS. NAYS Bilyei, Brassey, Chase Cobbs, Crooltham, Crutcher, Ellsworth (30), High, Kkwell, Manley, Man ning, Mitchell, Mix, Murphy, Solherg, Stoicheff, Sum mers. Total—if. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. H. 67 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: Bilyeu, Bivens, Brassey, Cobbs, Crookham, AYES Egbert, Ellsworth (20), High, Kidwell, Klein, Mix, Mur phy, Peavey, Rigby, Steen, Summers, Swenson. Total—if. —
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NAYS—Brown, Budge, Crutcher, Ellsworth (30) Man ley, Manning, Mitchell, Saxvik, Solberg, Stoichell, Wil hams. Total—li. Allen, Barker, Chase, Evans Absent and excused Fredericksen, Miller, Yarbrough. Total—f. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned t the House. There being no objection, the Senate returned to th Third Order of Business. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports tha the Senate Journal of the proceedings of Monday, Marc] 1, 1971 was read and approved as corrected. KLEIN, Chairman, Report adopted. Presentation of Petitions, Resolutions and Memorials —
S.J.R. 107 By STATE AFFAIRS COMMITTEE A JOINT RESOLUTION
Proposing an amendment to Section 23 of Article II of the Constitntion of the State of Idaho, relating t compensation and mileage of members of the legislature by removing therefrom the per diem allowance of to: dollars, and the aggregate limit of six hundred dollar for any session, and providing that members of th legislature shall receive as a salary the sum of fly thousand five hundred dollars per annum, and shall b entitled to reimbursement for expenses incurred in attenc ing regular or extra sessions of the legislature in n more than the amount as is provided by law for othe state employees, providing that members of the legi lature shall each receive the sum of ten cents per mile fo traveling to or returning from each regular or extr session, providing that the presiding officer of the Hous of Representatives and the President Pro Tempore of th Senate shall each receive an additional compensation eque to one-half his annual salary as a member; stating th question to be submitted to the electors; directing th Attorney General to prepare the statement as required b law; and directing the Secretary of State to give leg notice thereof. S.J.R. 107 was introduced, read the first time at lengt and referred to the Judiciary and Rules Committee fo printing. The following resolution was read at length by tI, Secretary: S.C.R. 111 By STATE AFFAIRS COMMITTEE A CONCURRENT RESOLUTION
Recognizing the need for study of the states of agr cultural labor; authorizing and directing the legislativ council to undertake a study of the problems and subm proposed legislation to the second regular session of t1 Forty-first Idaho Legislature; and petitioning the Idali agricultural employee and employer to enforce a volux tary moratorium on all acts disruptive to the orderl function of agriculture. S.C.R. 111 was referred to the Judiciary and Rules Con mittee for printing. The following memorial was read at length by tl Secretary: S.J.M. 109 By STATE AFFAIRS COMMITTEE A JOINT MEMORIAL
To the Honorable Senate and House of Representativ of the United States in Congress assembled:
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We, your Memorialists, the Senate and House of Rep esentatives of the state of Idaho assembled in the First regular Session of the Forty-first Idaho Legislature, do tereby respectfully represent that: BE IT RESOLVED by the First Regular Session of the orty-first Idaho Legislature, now in session, that we sost respectfully urge the Congress of the United States o disregard and consider withdrawn the requests of his body contained in Senate Joint Memorial No. 4, 1963, egarding a proposal to call a convention for the purpose f proposing an amendment to the Constitution of the Jnited States, and contained in Senate Joint Memorial o. 1, 1965, regarding a proposal to call a convention for he purpose of proposing an amendment to the Constitu ion of the United States. BE IT FURTHER RESOLVED that Senate Joint femorial No. 4, 1963, and Senate Joint Memorial No. 1, 965, be, and the same are hereby withdrawn. BE IT FURTHER RESOLVED that the Secretary of he Senate be, and he hereby is, authorized and directed o forward copies of this Memorial to the President of he Senate of the United States, the Speaker of the House f Representatives of the United States and to the Sena ors and Representatives representing this state in the ongress of the United States. S.J.M. 109 was referred to the Judiciary and Rules Com aittee for printing. Reports of Standing Committees March 2, 1971. The STATE AFFAIRS Committee reports out S. 1161 nd S. 1198 without recommendation. SUMMERS, Chairman. March 2, 1971. The TRANSPORTATION Committee reports out H. 131 rithout recommendation. BUDGE, Chairman. March 2, 1971. The LOCAL GOVERNMENT AND TAXATION Corn iittee reports out H. 172 with the recommendation that it o pass. BROWN, Chairman. March 2, 1971. The HEALTH, EDUCATION AND WELFARE Com iittee reports out H. 91, H. 212 and 5. 1194 with the ecommendation that they do pass. BARKER, Chairman. March 2, 1971. The HEALTH, EDUCATION AND WELFARE Com dttee reports out 5. 1137 and S. 1138 without recommen ation. BARKER, Chairman. S. 1161, S. 1198, H. 131, II. 172, H. 91, H. 212, S. 1194, 1137 and S. 1138 were filed for second reading. Reports of Special Committees The President ordered the following report filed in the lice of the Secretary of the Senate, and spread upon ie pages of the Senate Journal. February 19, 1971 he Honorable Jack M. Murphy resident of the Senate tatehouse olse, Idaho ear Mr. President: This is in response to your request that the Senate
March 2]
Judiciary and Rules Committee render an opinion in response to two questions. The first of these questions is as follows: 1. In Senate Rule 47(B), the Senate waives a basic Constitutional right expressed in Article 3, Section 9. Does the Senate also have the power to waive this same Constitutional right for a House Committee? The Legislature has at least two methods of estab lishing rules which will govern joint committee meet ings, pursuant to Article 3, Section 9, Idaho Constitution, as follows: (1) The Legislature has the authority to enact its rules into statutory law as it did with respect to Sec tion 67-3513, Idaho Code. The legal effect of such action is to make the rule carry over from one legislature to another, except that each legislature may repeal any such law at its discretion. This power is compatible with its Constitutional powers as set forth in said Section 9. As long as the law is in effect, the Legislature, its respective bodies, and its members are bound to abide by the law, and any such law takes precedence over any rules subsequently passed, as discussed below. (2) The Legislature has the power to enact joint rules by concurrent resolution. Such rules do not carry over from one legislature to another, but each new ses sion of the legislature must expressly adopt its own rules. Neither Senate Rule 20(E) nor House Rule 57 relates to joint committee meetings, and consequently neither is in conflict with Section 67-3513, Idaho Code. In addition, as discussed in the opinion of the Senate Judiciary and Rules Committee dated February 11, 1971, said rules are more general than said section and consequently said section would have precedence over these more general rules. Both Senate Rule 48 and House Rule 10 adopt Mason’s Manual of Legislative Procedures as rules of the Senate and House respectively, insofar as they do not conflict with rules or joint rules of the Senate and House. Section 3 on pages 32 and 33 of this manual reads as follows: “Sec. 3. Sources of Rules of Procedure “1. Rules of legislative procedure are derived from several sources. The principal sources are as follows: a. Constitutional rules. b. Statutory rules or charter provisions. c. Adopted rules. d. Judicial decisions. e. Adopted parliamentary authority. f. Parliamentary law. g. Customs and usages. “2. The rules from the different sources take prece dence in the order listed above except that judicial decisions, since they are interpretations of rules from one of the other sources, take the same precedence as the source interpreted. Thus, for example, an interpretation of a constitutional pro vision takes precedence over a statute. “3. Whenever there is conflict between rules from these sources the rule from the source listed earlier prevails over the rule from the source listed later. Thus, where the constitution requires three read ings of bills, this provision controls over any pro vision of statute, adopted rules, adopted manual, or of parliamentary law, and a rule of parliamen tary law controls over a local usage but must give way to any rule from a higher source of authority.” The above quoted rule would also give the law as set forth in Section 67-3513, Idaho Code, precedence over the rules of the Senate or House. Based on the foregoing, the Senate Judiciary and Rules Committee concludes as follows: (1) That Section 67-3513, Idaho Code, was enacted pursuant to and in conformity with the powers granted
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to the Legislature by Article 3, Section 9, Idaho Constitu tion. (2) That the provisions of Section 67-3513, Idaho Code are effective and binding upon the Joint Finance and Appropriations Committee. (3) That Senate Rule 47(B) is in no respect a waiver of said Article 3, Section 9, Idaho Constitution, but is wholly compatible therewith, as well as with said Section 3 of Masons Manual of Legislative Procedure. The second question you posed is as follows: 2. The Constitutional immunity granted to legislators (Art. 3, Sec. 7) for words spoken in each House, provides protection from lawsuit for slander. Does this Constitu tional protection extend to words spoken in Committee in open session? Because of time limitations, research on this question was only cursory. The basic constitutional provision being a portion of Article 3, Section 8, Idaho Constitution, reads as follows: “nor shall a member for words uttered in debate in either house, be questioned in any other place.” In $1 C.J.S. 945, States, Section 35, the following gen eral statement of the law in this area appears: “Constitutional provisions as to privileges and exemp tions of members of state legislatures are designed not only for their personal protection, but also to protect and support the rights of the citizens of the state, and are absolute in character as long as they relate to acts done with respect to legislative matters, and are ex tended to members of the legislature when engaged in official committee proceedings. Legislators may not, however, acquire power by an unwarranted extension of privilege, although the claim that they were actuated by an unworthy purpose will not destroy the privilege.” Public good Legislators are immune from the deter rents to the uninhibited discharge of their legislative duty, not for their private indulgence but for the public good. (Tenney v. Brandhove, Cal., 71 S.Ct. 783, 341 U.S. 367, 95 L.Ed. 1019, rehearing denied 72 S.Ct. 20, 342 U.S. 843, 96 L.Ed. 637.) Resolution by assemblyman was privileged within mean ing of constitutional provision that for any “speech or debate” in either house assemblymen shall not be ques tioned in any other place, and in libel and slander action against assemblymen such privilege was a proper defense. (Van Riper v. Tumulty, 56 A.2d 611, 26 N.J.Misc. 37.) In Hancock v. Burns, 323 P.2d 456, Cal., the Court held that action of members of Senate Fact Finding Com mittee on Un-American activities in recommending that plaintiffs’ employer discharge plaintiffs for plaintiffs’ alleged refusals to cooperate with Committee was pro tected by members’ legislative immunity from suit. (U.S.C.A.Const. art. 4, § 37.) In consideration of the foregoing, it is the conclusion of the Senate Judiciary and Rules Committee that the protection afforded by Article 3, Section 8, Idaho Consti tution, extends to words spoken by a member of the Legislature in an open session of a legislative committee. Respectfully submitted, JUDICIARY AND RULES COMMITTEE Is! EDITH MILLER KLEIN Chairman Messages from the Governor STATE OF IDAHO Office of the Governor BOISE March 2, 1971 The Honorable Jack Murphy President of the Senate —
is:
Senate Chambers Building Dear Mr. President: I have the honor to inform you that I have this da approved and am transmitting to the Secretary of Stat the following Senate Bills, to-wit: SENATE BILL 1095 SENATE BILL 1094 Sincerely, Is! CECIL D. ANDRUS Governor STATE OF IDAHO Office of the Governor BOISE March 2, 1971 The Honorable Jack Murphy President of the Senate Senate Chambers Building Dear Mr. President: I have the honor to inform you that I have this da approved and am transmitting to the Secretary of Stat the fo1lowing Senate Bills, to-wit: SENATE BILL 1029 SENATE BILL 1053 SENATE BILL 1070, as amended Sincerely, Is! CECIL D. ANDRUS Governor The President ordered the messages filed in the offic of the Secretary of the Senate. Messages from the House March 2, 1971. Mr. President: I transmit herewith Enrolled H. 62, as amended, H. 132 II. 165, H. 173, H. 175, H. 207, H.J.M. 6 and return here with Enrolled S. 1046, S. 1048, as amended in the Housc S. 1061, S. 1099 and S. 1108 which have been signed b: the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign Enrolle H. 62, as amended, H. 132, H. 165, H. 173, H. 175, H. 20 and H.J.M. 6 and, when sosigned, ordered them returne to the House. Enrolled S. 1046, S. 1048, as amended in the HousE S. 1061, S. 1099 and S. 1108 were referred to the Judi ciary and Rules Committee for transmittal to th Governor. Motions and Resolutions On request by Senator Manning, granted by unanimou consent, S. 1181 was removed from the Third Readin Calendar and recommitted to the Judiciary and Rule Committee. Introduction, First Reading and Reference of Bills S. 1203 By STATE AFFAIRS COMMITTEE AN ACT Related to pre-planned school sites and park sites b; providing the purpose; by providing that in counties o over 50,000 a planning agency shall designate urbanize or potentially urbanized areas; by providing that eac] subdivision, lot-split or planned development must b approved, conditioned upon prior dedication of not t exceed seven per centum of taxable real property; b: providing for in-lieu cash payments of not to excee seven per centum of the true market value of taxabl real property; and by providing for definitions.
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S. 1204 By STATE AFFAIRS COMMITTEE AN ACT Amending Chapter 7, Title 57, Idaho Code, by the addi ion of a new section to be known as Section 57-727, .daho Code, relating to the investment of permanent funds y adding authorization to the Endowment Fund Invest cent Board to employ an investment trustee, employ a taff necessary for administration of the Board’s business, tuthorize the Commissioner of Finance access to books nd records, arrange for legal advice, pay current ex enses, capital outlay, and travel expenses; and declaring n emergency. S. 1205 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 63-3638, Idaho Code, relating to the ales Tax Fund, by striking the requirement that twenty er cent of the Sales Tax Fund be distributed to the arious counties commencing July 1, 1971, and providing hat fifteen per cent of the Sales Tax Fund be distributed o the various counties commencing July 1, 1970, and [uring each and every year thereafter; and declaring an mergency. 5. 1206 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 44-1502, Idaho Code, to provide that he minimum wage rate for employees as defined in lhapter 15, Title 44, Idaho Code, shall be increased on ruly 1, 1971, to one dollar and forty cents per hour and on uly 1, 1972, to one dollar and sixty cents per hour; tmending Section 44-1503, Idaho Code, to remove the pro isions that tips and gratuities shall not be included in the lefinition of “wages”, to provide that the value of meals ‘urnished by an employer to an employee shall be the ost of the meals to the employer, to provide that tips cay be considered as a part of “wages” and providing imitations on the amount of tips that may be considered ts “wages”, and to provide a definition of “tipped em )loyee”; and amending Section 44-1504, Idaho Code, to tdd employees excepted from the Act any employee ighteen years of age or under, who is not providing core than one-half the support of his parent or parents Luring the calendar year or who is not married and who s paid wages at a rate of not less than one dollar and nenty-five cents per hour for employment. S. 1203, S. 1204, 5. 1205 and S. 1206 were introduced, ead the first time at length and referred to the Judiciary nd Rules Committee for printing. On request by Senator Bivens, granted by unanimous onsent, the Senate advanced to the Fifteenth Order of usiness, Miscellaneous Business On motion by President Pro-Tempore Ellsworth, see nded by Senator Evans, the Senate adjourned until 10:00 ‘clock a.m., Wednesday, March 3, 1971. JACK MURPHY, President. .ttest: ARTHUR WILSON, Secretary.
FIFTY-SECOND LEGISLATIVE DAY WEDNESDAY, MARCH 3, 1971 Senate Chamber, Boise, Idaho, March 3, 1971. President Murphy ca1led the Senate to order at 10:00 ‘clock a.m,
March 3]
Roll call showed all members present. The following prayer was offered by Chaplain Newell Morgan: Our Heavenly Father, in recorded history and out of our personal experiences we have been pursuaded Thou hast guided the nations in the past and Thou hast worked through individuals, willing followers, to bring good to mankind. For this we express our thanksgiving in a most humble way. We would, each in our own capacity, be yielded to Thy will and purpose. We ask Thee to guide each one who from our President down are willing to serve in the varied positions of our government, at each level. Work through their dedicated lives to give them the ability to meet the manifold prob lems facing our great land, our world wide culture. We especially and in deep sincerity ask Thy Presence in wisdom and love to surround all day the lives and efforts of these Senators and our Lt. Governor. In Our Lord’s Name, Amen. Reports of Standing Committees March 2, 1971. The STATE AFFAIRS Committee reports that they have had under consideration the Gubernatorial appoint ment of Mr. Pat Woodworth to a five year term on the Judicial Council, said term to expire on July 1, 1975, and recommends that this appointment be confirmed by the Senate. The STATE AFFAIRS Committee reports that they have had under consideration the Idaho State Bar appoint ment of Judge Darwin Cogswell to a six month term, said term to expire July 1, 1971 and for the re-appoint ment of a six year term, said term to expire July 1, 1977, on the Judicial Council, and recommends that this appoint ment be confirmed by the Senate. SUMMERS, Chairman. The Gubernatorial appointment and the Idaho State Bar appointment were referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the desk for one legislative day. March 2, 1971. The JUDICIARY AND RULES Committee reports that Enrolled S.C.R. 109 was delivered to the Secretary of State at 3:30 o’clock p.m. on March 2, 1971. KLEIN, Chairman. The President ordered the report filed in the office of the Secretary of the Senate. March 2, 1971. The HEALTH, EDUCATION AND WELFARE Com mittee reports out S. 1197 with the recommendation that it do pass. BARKER, Chairman. S. 1197 was filed for second reading. March 3, 1971. The AGRICULTURAL AFFAIRS Committee reports out H. 218 with the recommendation that it be referred to the Fourteenth Order of Business for amendment. SWENSON, Chairman. H. 218 was referred to the General Calendar for amend ment. March 2, 1971. The JUDICIARY AND RULES Committee reports out H, 220 with the recommendation that it do pass. KLEIN, Chairman.
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March 3, 1971. The AGRICULTURAL AFFAIRS Committee reports out II. 177 with the recommendation that it do pass. SWENSON, Chairman. H. 220 and H. 177 were filed for second reading. March 3, 1971. The LOCAL GOVERNMENT AND TAXATION Com mittee reports out H. 57 without recommendation. BROWN, Chairman. H. 57 was filed for third reading. March 3, 1971. The HEALTH, EDUCATION AND WELFARE Com mittee reports out H. 209 without recommendation. BARKER, Chairman. H. 209 was filed for second reading. March 2, 1971. The JUDICIARY AND RULES Committee reports out S. 1142 and S. 1193 with the recommendation that they be referred to the Fourteenth Order of Business for amendment. KLEIN, Chairman. S. 1142 and S. 1193 were referred to the General Calen dar for amendment. March 3, 1971. The JUDICIARY AND RULES Committee reports that S. 1202, S. 1203, S. 1204, S. 1205, S. 1206, S.J.R. 107, S.C.R. 111 and S.J.M. 109 have been correctly printed. KLEIN, Chairman. S. 1202 was referred to the Agricultural Affairs Com mittee. S. 1203 was referred to the Local Government and Taxa tion Committee. S. 1204, S. 1205 and S.J.R. 107 were referred to the State Affairs Committee. S. 1206 was referred to the Labor and Economic Devel opment Committee. S.C.R. 111 and S.J.M. 109 were referred to the Tenth Order of Business, and ordered held at the desk for two legislative days. March 2, 1971. The JUDICIARY AND RULES Committee reports that Enrolled 5. 1046, S. 1048, as amended in the House, S. 1061, S. 1099 and S. 1108 were delivered to the Governor at 4:31 o’clock p.m. on March 2, 1971. KLEIN, Chairman. The President ordered the report filed in the office of the Secretary of the Senate. Messages from the House March 2, 1971. Mr. President: I transmit herewith H. 76, H. 85, II. 241, H. 199 and return herewith S. 1098, S. 1125, S. 1007, as amended, as amended in the House, S. 1104, as amended in the House, S. 1032, as amended in the House, which have passed the House. FITZWATER, Chief Clerk. H. 76, H. 85, II. 241 and II. 199 were filed for first reading.
S. 1098 and S. 1125 were referred to the Judiciary an Rules Committee for enrolling. S. 1007, as amended, as amended in the House, S. 110’ as amended in the House and S. 1032, as amended in tl House, were referred to the Tenth Order of Busines Motions and Resolutions. March 2, 1971. Mr. President: I return herewith Enrolled S. 1028, S. 1044, S. 105’ S. 1153, S. 1154, S. 1160, S. 1102, S. 1126, S. 1158, S. 1151 S. 1075, as amended, and S. 1015, as amended in tl House, which have been signed by the Speaker. FITZWATER, Chief Clerk. Enrolled S. 1028, S. 1044, S. 1057, S. 1153, S. 115 S. 1160, S. 1102, S. 1126, S. 1158, S. 1159, S. 1075, amended, and S. 1015, as amended in the House, we referred to the Judiciary and Rules Committee for tram mittal to the Governor. Motions and Resolutions The President announced that n.C.R. 8 was before ti Senate for consideration. On motion by Senator Bivens, seconded by Senatc Mix, H.C.R. 8 was adopted, title approved and the res lution ordered returned to the House. On request by President Pro-Tempore Ellsworth, gran ed by unanimous consent, S. 1007, as amended, as amendE in the House, was recommitted to the State Affairs Con mittee. On motion by President Pro-Tempore Ellsworth, se onded by Senator Murphy, the Senate concurred wil the House amendments to S. 1104. S. 1104, as amended in the House, was referred to ti Judiciary and Rules Committee for engrossing. On motion by Senator Bivens, seconded by Senat Murphy, the Senate concurred in the House amendmen to S. 1032. S. 1032, as amended in the House, was referred to ti Judiciary and Rules Committee for engrossing. Introduction, First Reading and Reference of Bills H. 76, by Health and Welfare Committee, was intr duced, read the first time at length and referred to ti Health, Education and Welfare Committee. II. 85, by Agricultural Affairs Committee, was intr duced, read the first time at length and referred to ti Agricultural Affairs Committee. H. 241, by State Affairs Committee, was introduce read the first time at length and referred to the Ag! cultural Affairs Committee. H. 199, by Revenue and Taxation Committee, was intr duced, read the first time at length and referred to tI Local Government and Taxation Committee. Seeond Reading of Bills S. 1148, as amended, by State Affairs Committee, w read the second time at length and filed for third readin S. 1161 and S. 1198, by State Affairs Committee, w read the second time at length and filed for third readin H. 131, by Transportation and Defense Committee, w read the second time at length and filed for third readin H. 172, by Revenue and Taxation Committee, was re the second time at length and filed for third reading. H. 91, by Health and Welfare Committee, was read tI second time at length and filed for third reading. H. 212, by Appropriations Committee, was read t] second time at length and filed for third reading,
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S. 1194 and S. 1137, by Health, Education and Welfare ommittee, were read the second time at length and led for third reading. On request by Senator Barker, granted by unanimous onsent, S. 1138 was recommitted to the Health, Educa ion and Welfare Committee. Third Reading of Bills S. 1147 was read the third time at length, secti?n by ection and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Bilyeu, Brown, Budge, Chase, Crookham, rutcher, Eghert, Ellsworth (20), Ellsworth (30), Evans, ‘redericksen, Klein, Manley, Manning, Miller, Mitchell, Eurphy, Rigby, Saxvik, Steen, Swenson, Williams. Total —22. NAYS—Allen, Barker, Bivens, Brassey, Cobbs, High, idwell, Mix, Peavey, Solberg, Stoicheff, Summers, Yar rough. Total—13. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted the House. On request by Senator Brown, granted by unanimous )nsent, H. 54, as amended, was placed on the General alendar for amendment. The President called Senator Swenson to the Chair. H. 229 was read the third time at length, section by ction and placed before the Senate for final considera on, the question being, “Shall the bill pass?” —
Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES udge, Chase, Cobbs, Crookham, Crutcher, Ellsworth (20), llsworth (30), Evans, Fredericksen, Kidwell, Klein, Man y, Manning, Mitchell, Mix, Murphy, Peavey, Rigby, Sol erg, Steen, Stoicheff, Summers, Swenson, Williams, Yar rough. Total—31. NAYS None. Absent and excused Egbert, High, Miller, Saxvik. otal—4. Total—35. Whereupon the Acting President declared the bill assed. Title was approved and the bill ordered returned to io House. S. 1166 was read the third time at length, section by ction and placed before the Senate for final considera on, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Cobbs, Crookham, Mix, Solberg. Total—4. NAYS Barker, Bilyeu, Bivens, Brassey, Brown, udge, Chase, Crutcher, Egbert, Ellsworth (20), Ellsworth 30), Evans, Fredericksen, Klein, Manley, Manning, Miller, [itchell, Murphy, Peavey, Rigby, Saxvik, Steen, Stoicheff, ummers, Swenson, Williams, Yarbrough. Total—28. Absent and excused Allen, High, Kidwell. Total—3. Total—35. Whereupon the Acting President declared the bill lost -id ordered it filed in the office of the Secretary of the enate. S. 1186 was read the third time at length, section by ction and placed before the Senate for final considera on, the question being, “Shall the bill pass?” Roll call resulted as follows: —
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March 3]
AYES Barker, Bilyeu, Bivens, Brassey, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (30), Fred ericksen, High, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Steen, Stoicheff, Summers, Swenson, Yarbrough. Total—27. NAYS Saxvik. Total—i. Absent and excused Allen, Brown, Ellsworth (20), Evans, Kidwell, Solberg, Williams. Total—7. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. On motion by Senator Bivens, seconded by Senator Mix, the Senate recessed until 1:30 o’clock p.m. of this day. —
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RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present. Prior to recess the Senate was at the Thirteenth Order of Business. Third Reading of Bills S. 1187 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Barker, Bilyeu, Bivens, Brown, Budge, Chase, Crookham, Crutcher, Egbert, Ellsworth (20), Evans, High, Kidwell, Klein, Manley, Manning, Mitchell, Mix, Murphy, Saxvik, Solberg, Stoicheff, Summers, Swenson. Total—24. NAYS Ellsworth (30), Peavey, Steen, Williams, Yarbrough. Total—5. Absent and excused Allen, Brassey, Cobbs, Frederick sen, Miller, Rigby. Total—6. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. The President called Senator Bivens to the Chair. There being no objection, the Senate returned to the Third Order of Business. —
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Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Tuesday, March 2, 1971 was read and approved as corrected. KLEIN, Chairman. Report adopted. Reports of Standing Committees March 3, 1971. The RESOURCES AND ENVIRONMENT Committee reports out H. 144 and S. 1103 with the recommendation that they do pass. WILLIAMS, Chairman. II. 144 and S. 1103 were filed for second reading. On request by President Pro-Tempore Ellsworth, granted by unanimous consent, 5. 1206, having been at the desk in the hands of the Senate, was transferred to the State Affairs Committee from the Labor and Economics De velopment Committee.
[March 3
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Introduction, First Reading and Reference of Bills S. 1207 By HEALTH, EDUCATION AND WELFARE COMMITTEE AN ACT Amending Section 27-414, Idaho Code, relating to the examination of endowment funds and expenses thereof by providing that the Cemetery Board may make examma tions or delegate examination authority, that books and records shall be transmitted to the Idaho office upon notice, and that expense moneys shall be paid to the credit of the Cemetery Fund or the Department of Finance; amending Section 27-420, Idaho Code, relating to the Cemetery Fund by providing that fund moneys appropriated by the legislature shall be used by the Department of Finance to carry out the provisions of this act; amending Chapter 4, Title 27, Idaho Code, by adding a new section thereto, to be known and designated as Section 27-423A, providing authority to the Attorney General to institute legal proceedings in the event of the violations of this act; and declaring an emeregency. S. 1207 was introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Thirteenth Order of Business. Third Reading of Bills On request by Senator Barker, granted by unanimous consent, S.J.R. 103 retained its place on the Third Reading Calendar for two legislative days. S. 1188 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Colibs, Crookham, Crutcher, Eghert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Brassey. Total—i. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. S. 1074 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Brassey, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (30) Evans, Fredericksen, High, Kidwell, Klein, Manley, i’Ianning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Stoicheff, Summers, Swenson, Williams. Total —29. NAYS—Bivens, Brown, Budge, Ellsworth (20), Steen, Yarbrough. Total—6. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. S. 1123, as amended, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?”
Roll call resulted as follows: AYES—Allen, Bilyeu, Bivens, Budge, Chase, Crookhau Egbert, High, Kidwell, Klein, Manley, Mitchell, Rigb3 Steen, Stoicheff, Swenson. Total—i6. NAYS—Barker, Brassey, Brown, Cobbs, Crutcher, Ella worth (30), Evans, Fredericksen, Manning, Miller, Mh Murphy, Peavey, Saxvik, Solberg, Summers, William Yarbrough. Total—18. Absent and excused—Ellsworth (20). Total—i. Total—35. Whereupon the Acting President declared the bill lo and ordered it filed in the office of the Secretary c the Senate. On request by Senator Crutcher, granted by unanimou consent, H. 208 was placed at the foot of the Thir Reading Calendar. H. 96, as amended, was read the third time at lengtl section by section and placed before the Senate for fim consideration, the question being, “Shall the bill pass?” Call of the Senate was requested by President Prc Tempore Ellsworth and Senators Brown and Peavey. Whereupon the Acting President ordered the door keepers to lock the doors permitting no Senator or th President to leave or enter the Senate Chamber. Tb Sergeant-at-Arms was instructed to find and present an absent members to the Senate. Roll call showed Senators Allen, Brassey, Evans, Mar ley, Miller, Solberg and Swenson absent. The Sergeant-at-Arms reported that all members wer now present in the Senate Chamber except Senator So] berg, excused. On request by President Pro-Tempore Ellsworth, grani ed by unanimous consent, the Call of the Senate wa lifted. The Acting President announced that H. 96, as amende was now before the Senate for final consideration. The question being, “Shall H. 96, as amended, pass?” Roll call resulted as follows: AYES Barker, Bivens, Chase, Crookham, Crutche: Fredericksen, High, Mitchell, Mix, Steen, Stoicheff, Suu mers. Total—12. NAYS Allen, Bilyeu, Brassey, Brown, Budge, Cobb; Egbert, Ellsworth (20), Ellsworth (30), Evans, Kidwel Klein, Manley, Manning, Miller, Murphy, Peavey, Rigb Saxvik, Swenson, Williams, Yarbrough. Total—22. Absent and excused Solberg. Total—i. Total—35. Whereupon the Acting President declared the bill lo and ordered it filed in the office of the Secretary of tli Senate. Senator Murphy, having voted on the prevailing sid by which H. 96, as amended, lost in the Senate, serve notice that he may on this or the next legislative da move for reconsideration of the vote. The Acting President ordered H. 96, as amended, held the desk. Senator Swenson, having voted on the prevailing sid moved that the vote by which H. 96, as amended, lost i the Senate, be now reconsidered. Seconded by Senator Budge. Roll call vote was requested by Senators Mix, CrutchE and Murphy. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES Barker, Bilyeu, Bivens, Brassey, Browi —
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base, Crookham, Crutcher, Evans, Fredericksen, High, idwell, Manley, Manning, Mitchell, Mix, Murphy, Peavey, axvik, Steen, Stoicheff, Summers. Total—22. NAYS Allen, Budge, Cobbs, Egbert, Ellsworth (20), lllsworth (30), Klein, Miller, Rigby, Swenson, Williams, ‘arbrough. Total—12. Absent and excused Solberg. Total—i. Total—35. Whereupon the Acting President declared the motion assed and H. 96, as amended, was now before the Senate r consideration. On request by Senator Crutcher, granted by unanimous msent, H. 96, as amended, was placed on the General alendar for amendment. H. 162 was read the third time at length, section by action and placed before the Senate for final considera on, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Barker, Bilyeu, Bivens, Budge, Chase, Cobbs, rookham, Crutcher, Ellsworth (20), Ellsworth (30), vans, Kidwell, Klein, Manning, Miller, Mitchell, Mix, [urphy, Rigby, Saxvik, Steen, Stoicheff, Summers. Total —23. NAYS None. Absent and excused Allen, Brassey, Brown, Egbert, redericksen High, Manley, Peavey, Solberg, Swenson, Tilliams. Yarbrough. Total—12. Total—35. Whereupon the Acting President declared the bill assed. Title was approved and bill ordered returned to the [ouse. On request by Senator Crookham, granted by unanimous nsent, H. 159 retained its place on the Third Reading :alendar for one legislative day. On request by Senator Crutcher, granted by unanimous )nsent, H. 208 retained its place on the Third Reading alendar for one legislative day. —
March 3]
SENATE AMENDMENTS TO H. 54, AS AMENDED AMENDMENT TO SECTION 1 On page 1 of the engrossed bill, in line 3 after the word “FOR”, strike the word “RETIRED”, and insert in lieu thereof the word “ELDERLY”, and after the word “Every”, strike the word “retired”.
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General Calendar The Acting President declared the Senate recessed and illed Senator Murphy to the Chair to preside during the itting of the Committee of the Whole. Following the adjournment of the Committee of the Ihole, President Murphy called the Senate to order. Report of the Committee of the Whole Senator Murphy, Chairman of the Committee of the lhole, reported out H. 72, without amendments and withat recommendation, S. 1109, H. 54, as amended, 5. 1142 rid S. 1193 without recommendation, amended as follows: SENATE AMENDMENT TO S. 1109 AMENDMENT TO SECTION 1 On page 2 of the printed bill, in line 1, following the ‘ord and character “insurance.”, insert the following: The commissioner shall prescribe a form, which must o signed by the insured stating that he has received otification as required herein, and by the vendor stating iat he has supplied the notification as required herein.”.
CORRECTION TO TITLE On page 1 of the printed bill, in line 8, following the ord “PARTIES” and before the “.“, insert the following: AND PROVIDING THAT A FORM SHALL BE PRE CRIBED BY THE COMMISSIONER, WHICH SHALL E SIGNED BY THE INSURED AND THE VENDOR, TATING THAT NOTICE HAS BEEN PROVIDED AS EQUIRED HEREIN”.
CORRECTION TO TITLE On page 1 of the engrossed bill, in line 3, after the word “FOR”, delete the word “RETIRED”, and insert in lieu thereof the word “ELDERLY”. SENATE AMENDMENT TO S. 1142 AMENDMENT TO SECTION 1 On page 1 of the printed bill, in line 24, after the word “Code” but before the “.“, insert the following: “; provided that the board or any other state agency charged with enforcing the water pollution laws has been given thirty (30) days’ notice of the violation, or if the board fails to enforce an administrative order re quiring compliance with this act or with the rules and regulations of the board, the attorney general shall thereupon have authority to maintain an action in the name of the state of Idaho under the Idaho rules of civil procedure to enjoin such violation”. SENATE AMENDMENT TO S. 1193 AMENDMENT TO THE BILL On page 10 of the printed bill, after line 7, add the following new section: “SECTION 17. That Chapter 29, Title 39, Idaho Code, be, and the same is hereby amended by the addition thereto of a new section, to be known and designated as Section 39-2933, Idaho Code, and to read as follows: 39-2933. ENFORCEMENT AUTHORITY OF ATTOR NEY GENERAL.—If the commission fails to enforce this act or the rules and regulations of the commission within thirty (30) days after receiving notification of a violation thereof, or if the commission fails to enforce an administrative order requiring compliance with this act or with the rules and regulations of the commission, the attorney general shall thereupon have authority to maintain an action in the name of the state of Idaho under the Idaho rules of civil procedure to enjoin such violation. The exhaustion of administrative remedies shall not be a prerequisite to the institution and maintenance of any such action. No existing civil or criminal remedy for any act in violation of any law of this state or any code, rule, regulation or order of the commission shall be excluded or impaired by this section.”. CORRECTION TO TITLE On page 2 of the printed bill, in line 30, after the word “VARIANCES” and before the “.“, insert the fol lowing: “; AMENDING CHAPTER 29, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 392933, IDAHO CODE, AUTHORIZING THE ATTORNEY GENERAL TO BRING LEGAL ACTIONS IN CERTAIN INSTANCES TO ENFORCE THE STATUTES, RULES AND REGULATIONS AND ORDERS OF THE AIR POLLUTION CONTROL COMMISSION”. The Committee has had S. 1132, S. 1113, S. 1173, S. 1101, H. 218 and H. 96, as amended, under consideration, report progress and beg leave to sit again. MURPHY, Chairman. On motion by Senator Murphy, seconded by Senator Bivens, the report was adopted. H. 72 was filed for third reading. S. 1109, as amended, was referred to the Judiciary and Rules Committee for engrossing. H. 54, as amended, as amended in the Senate, was filed for first reading.
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[March 4
S. 1142, as amended, and S. 1193, as amended, were referred to the Judiciary and Rules Committee for en grossing. Senate amendments to 5. 1109, H. 54, as amended, S. 1142 and S. 1193 were referred to the Judiciary and Rules Committee for printing. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec onded by Senator Mix the Senate adjourned until 10:00 o’clock a.m., Thursday, ,farch 4, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
FIFTY-THIRD LEGISLATIVE DAY THURSDAY, MARCH 4, 1971 Senate Chamber, Boise, Idaho, March 4, 1971. President Murphy called the Senate to order at 10:00 o’clock a.m. Roll call showed all members present. The following prayer was offered by Chaplain Newell Morgan: Our God and Father, in this ordered and carefully plan ned universe, we acknowledge Thee at the beginning of another day. May the purposes Thou hast ordained for this day be revealed to each of us, that we may conduct ourselves in ways acceptable to Thee. Help each of us to work with Thee and help us to be yielded to Thee as instruments usable to making full the destiny of mankind. May these who stand hef ore Thee, this day, be moti vated by great love, working with holy purpose, clear vision, selfless endeavoring, wisdom guided by facts and truths, collectively consider bills and vote laws of the highest order that will stand the scrutiny of time. Thy self-disclosure has revealed that Thou art concerned with every part of man’s life, so guide clearly these Senators and the President of the Senate as they proceed through the responsibilities of this day. In Our Lord’s Name, Amen. Reports of Standing Committees The JUDICIARY AND RULES Committee reports that Enrolled S. 1015, as amended in the House, 5. 1028, S. 1044, 5. 1057, S. 1075, as amended, S. 1102, S. 1126, S. 1153, 5. 1154, S. 1158, 5. 1159 and 5. 1160 were de livered to the Governor at 1:55 o’clock p.m. on March 3, 1971. The President ordered the report filed in the office of the Secretary of the Senate. March 3, 1971. The LABOR AND ECONOMIC DEVELOPMENT Com mittee reports out S. 1196 with the recommendation that it do pass. ELLSWORTH (30),
Chairman.
S. 1196 was filed for second reading. March 3, 1971. The RESOURCES AND ENVIRONMENT Committee reports out S. 1119 and S. 1064 with the recommendation that they go to the Fourteenth Order of Business for amendment.
WILLIAMS, Chairman.
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S. 1119 and S. 1064 were referred to the General Calen. dar for amendment. March 4, 1971. The JUDICIARY AND RULES Committee reports thai S. 1098 and S. 1125 have been correctly enrolled. KLEIN, Chairman. The President announced he was about to sign Enrollec S. 1098 and S. 1125, and, when so signed, ordered their transmitted to the House for the signature of thE Speaker. March 4, 1971. The JUDICIARY AND RULES Committee reports thai S. 1207, Senate amendments to H. 54, Senate amendments to S. 1109, Senate amendments to S. 1142 and SenatE amendments to S. 1193 have been correctly printed. KLEIN, Chairman. 5. 1207 was referred to the Health, Education anc Welfare Committee. March 4, 1971. The HEALTH, EDUCATION AND WELFARE Com• mittee reports out 5. 1191 and S. 1192 with the recoin• mendation that they be referred to the State Affair Committee.
BARKER, Chairman. S. 1191 and S. 1192 were referred to the State Affair Committee. Messages from the Governor STATE OF IDAHO Office of the Governor BOISE March 3, 1971 The Honorable Jack Murphy President of the Senate Senate Chambers Building Dear Mr. President: I have the honor to inform you that I have this da3 approved and am transmitting to the Secretary of Stat the following Senate Bill, to-wit: SENATE BILL 1022 Sincerely, Is! CECIL D. ANDRUS Governor STATE OF IDAHO Office of the Governor BOISE February 26, 1971 Honorable Jack Murphy President of the Senate Senate Chamber Building Dear Mr. President: I have the honor to inform you that since the legisla. ture last met the Honorable Darwin D. Cogswell, Districi Judge of the First Judicial District, has been appointec to the Judicial Council to fill the unexpired portion oi Judge Towles’ term. Judge Cogswell’s appointment wa effective December 31, 1970, and will expire July 1, 1971 This appointment was made subject to confirmation b3 the Senate and notice of appointment is hereby given. Sincerely, Is! CECIL D. ANDRUS Governor
SENATE JOURNAL STATE OF IDAHO Office of the Governor BOISE February 26, 1971 Ronorable Jack Murphy President of the Senate Senate Chamber Building Dear Mr. President: I have the honor to inform you that since the legisla cure last met Mr. Pat Woodworth of American Falls, [daho, has been appointed to the Judicial Council, to fill bhe unexpired portion of Mr. Ray Burge’s term. Mr. Woodworth’s appointment was effective December 31, 1970, and will expire July 1, 1975. This appointment was made subject to confirmation by the Senate and notice of appointment is hereby given, Sincerely, Is! CECIL D. ANDRUS Governor The Governor’s messages were referred to the State Aifairs Committee. Messages from the House March 3, 1971. [VIr. President: I transmit herewith H. 73, as amended, as amended, II. 190, as amended, and return herewith S. 1114, S. 1115, 5. 1116 and S. 1143 which have passed the House. FITZWATER, Chief Clerk. H. 73, as amended, and H. 190, as amended, were filed or first reading. S. 1114, S. 1115, S. 1116 and S. 1143 were referred to :he Judiciary and Rules Committee for enrolling. March 3, 1971. Ntr. President: I transmit herewith Enrolled H.C.R. 9, H. 111 and H. 154 which have been signed by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign Enrolled iCE. 9, H. 111 and H. 154, and when so signed, ordered bhem returned to the House. Motions and Resolutions The President announced the report of the State Affairs Committee relative to the Gubernatorial appointments was now before the Senate for consideration. On motion by Senator Allen, seconded by Senator Mur phy, the Gubernatorial appointment of Mr. Pat Woodworth to the Judicial Council, was confirmed. On motion by Senator Stoicheff, seconded by Senator Kidwell, the Gubernatorial appointment of Judge Darwin D. Cogswell, to the Judicial Council, was confirmed. The President directed the Secretary of the Senate to repare a list for his signature, of the Gubernatorial Appointment confirmations, attested to by the Secretary, ;o be transmitted to the Governor informing him of the ction of the Senate. On request by Senator Kidwell, granted by unanimous onsent, S.C.R. 111 was recommitted to the State Affairs Committee. Introduction, First Reading and Reference of Bills S. 1208 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 58-101, Idaho Code, relating to the State Land Board, by striking the elected constitutional
March 4)
officers as the land board and inserting in lieu thereof a separate appointed board; repealing Section 58-102, Idaho Code; amending Chapter 1, Title 58, Idaho Code, by the addition of a new Section 58-102, Idaho Code, providing for the appointment of a three member State Board of Land Commissioners, providing for commissioner districts, providing for appointment of members and terms, pro viding for compensation and expenses of members, and providing for removal of members; amending Section 58-103, Idaho Code, relating to board meetings, by pro viding that the board may meet at the call of the chair man, and providing for reorganization of the board; amending Section 58-121, Idaho Code, relating to land board records, by changing the name of president of the board to chairman of the board; and providing an effective date. S. 1208 was introduced, read the first time at length and referred to the Judiciary and Rules Committee for print ing. H. 54, as amended, as amended in the Senate, by Moly neaux and Williams, was read the first time at length and filed for second reading. H. 73, as amended, by State Affairs Committee, was introduced, read the first time at length and referred to the Labor and Economic Development Committee. H. 190, as amended, by State Affairs Committee, was introduced, read the first time at length and referred to the State Affairs Committee. Second Reading of Bills S. 1197, by Health, Education and Welfare Committee, was read the second time at length and filed for third reading. H. 220, by Ways and Means Committee, was read the second time at length and filed for third reading. H. 177, as amended, by Agricultural Affairs Committee, was read the second time at length and filed for third reading. H. 209, by Education Committee, was read the second time at length and filed for third reading. H. 144, by Resources and Conservation Committee, was read the second time at length and filed for third reading. S. 1103, by Resources and Environment Committee, was read the second time at length and filed for third reading. Third Reading of Bills S. 1136 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bivens, Brassey, BrownS Budge, AYES Chase, Cobbs, Evans, Fredericksen, High, Klein, Manley, Murphy, Rigby, Solberg, Steen, Yarbrough. Total—1$. Bilyeu, Crookham, Crutcher, Egbert, Ells NAYS worth (30), Kidwell, Manning, Miller, Mitchell, Mix, Peavey, Saxvik, Stoicheff, Summers, Williams. Total—15. Absent and excused Ellsworth (20), Swenson. Total —2. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. On request by Senator Barker, granted by unanimous consent, S. 1194 and S. 1137 retained their place on the Third Reading Calendar for one legislative day. Senator Summers requested unanimous consent that S. 1019, as amended, be recommitted to the State Affairs Committee. Senator Evans objected. —
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On motion by Senator Summers, seconded by Senator
Bivens, S. 1019, as amended, was recommitted to the State Affairs Committee.
S. 1148, as amended, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Bilyeu, Bivens, Brown, Budge, Chase, AYES Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ells worth (30), Evans, Fredericksen, Klein, Manley, Manning, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total —29. Miller. Total—i. NAYS Absent and excused Barker, Brassey, High, Kidwell, Mitchell. Total—5. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. The President requested a ruling from the Judiciary and Rules Committee for the following inquiry: When a member carries a bill on the floor, is he required to vote on that bill? The President called Senator Stoicheff to the Chair. S. 1161 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: Brassey, Chase, Crookham, Crutcher, Evans, AYES Kidwell, Mitchell, Mix, Murphy, Saxvik, Summers. Total —ii. NAYS Allen, Barker, Bilyeu, Bivens, Brown, Budge, Cobbs, Egbert, Ellsworth (20), Ellsworth (30), Frederick sen, High, Klein, Manley, Manning, Miller, Peavey, Rigby, Solberg, Steen, Stoicheff, Swenson, Williams, Yarbrough. Total—24. Total—35. Whereupon the Acting President declared the bill lost and ordered the bill filed in the office of the Secretary of the Senate. On request by Senator Murphy, granted by unanimous consent, S. 1198 was withdrawn. The President ordered S. 119$ filed in the office of the Secretary. On request by Senator Crooltham, granted by unanimous consent, H. 159 retained its place on the Third Reading Calendar for one legislative day. H. 208 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Chase, Cobbs, Crookham Crutcher, Egbert, Evans, Fredericksen, Klein, Manley, Miller, Mix, Murphy, Peavey, Saxvik, Solberg, Steen, Summers, Swenson, Yarbrough. Total—24. —
NAYS Total—4.
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Budge, Ellsworth (30), Stoicheff, Williams.
Absent and excused Brown, Ellsworth (20), High, Kidwell, Manning, Mitchell, Rigby. Total—f. Total—35. Whereupon the Acting President declared the bill passed. —
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Title was approved and the bill ordered returned t the House. On motion by Senator Bivens, seconded by Senato: Crutcher, the Senate recessed until 1:30 o’clock p.m. o: this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant t recess, President Murphy presiding. Roll call showed all members present. Prior to recess, the Senate was at the Thirteenth Orde of Business. Third Reading of Bills Senator Brown arose on a point of personal privileg to introduce the Choral Group from the Donnelly-McCal High School, and the Director, Mr. Calvin Lyons, win rendered a number of choral selections. The President thanked the Senator and congratulate the group on their fine performance. H. 57 was read the third time at length, section b] section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bivens, Brown, Chase, Cobbs Crookham, Egbert, Evans, Fredericksen, Klein, Manley Miller, Mitchell, Mix, Peavey, Saxvik, Steen, Stoicheff Summers, Swenson, Yarbrough. Total—22. NAYS Bilyeu, Budge, Ellsworth (30), Manning Murphy, Rigby, Williams. Total—f. Absent and excused Brassey, Crutcher, Ellswortl (20), High, Kidwell, Solberg. Total—6. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned t the House. The President called Senator Fredericksen to the Chair II. 131 was read the third time at length, section b] section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” —
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Ro11 call resulted as follows: AYES Allen, Barker, Bilyeu, Brown, Budge, Chase Cobbs, Crookham, Crutcher, Egbert, Ellsworth (30) Evans, Fredericksen, Klein, Manley, Manning, Miller Mitchell, Mix, Murphy, Rigby, Saxvik, Solberg, Steen Stoicheff Williams, Yarbrough. Total—27. NAYS None. Absent and excused Bivens, Brassey, Ellsworth (20) High, Kidwell, Peavey, Summers, Swenson. Total—8. Total—35. Whereupon the Acting President declared the hI passed. Title was approved and the bill ordered returned ti the House. H. 172 was read the third time at length, section b; section and placed before the Senate for final considers tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu Brassey, Brown, Budgc Cobbs, Crutcher, Egbert, Ellswortii (30), Evans, Frederick sen, Kidwell, Klein, Manley, Manning, Miller, Mitchelt Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steer Stoicheff, Summers, Williams, Yarbrough. Total—29. NAYS None. —
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Bivens, Chase, Crookham, Bus Absent and excused worth (20), High, Swenson. Total—6. Total—35. Whereupon the Acting President declared the bill assed. Title was approved and the bill ordered returned to he House. II. 91 was read the third time at length, section by ection and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES udge, Chase, Cobbs, Crookham, Crutcher, Ellsworth (20), ‘redericksen, High Kidwell, Klein, Manley, Manning, titchell, Mix, Murphiy, Peavey. Stoicheff, Summers. Total —24. Egbert, Ellsworth (30), Evans, Miller, Rigby, NAYS axvik, Solberg, Williams. Total—8. Steen, Swenson, Yarbrough. Absent and excused ‘otal—3. Total—35. Whereupon the Acting President declared the bill assed. Title was approved and the bill ordered returned to he House. H. 212 was read the third time at length, section by ection and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES ludge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells ,orth (30), Evans, Fredericksen, High, Kidwell, Klein, fanley, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, olberg, Stoicheff, Summers, Williams, Yarbrough. Total —30. NAYS None. —
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Ellsworth (20), Manning, Saxvik, Absent and excused teen, Swenson. Total—5. Total—35. Whereupon the Acting President declared the bill assed. Title was approved and the bill ordered returned to he House. On request by Senator Murphy, granted by unanimous ìnsent, H. 72 retained its place on the Third Reading alendar. Senator Cobbs called for S. 1006 to be reported out of ae Transportation Committee, having been in that Com Eiittee for more than three days. Senator Budge requested unanimous consent that the ransportation Committee be excused from reporting out 1006. Senator Cobbs objected. Moved by Senator Budge, seconded by President Pro empore Ellsworth, that the Transportation Committee e excused from reporting out S. 1006. Roll call vote was requested by Senators Cobbs, Peavey nd Steen. The question being, “Shall the motion pass?” —
Roll call resulted as follows: AYES—Allen, Bivens, Brown, Budge, Crutcher, Egbert, llsworth (20), Ellsworth (30), High, Klein, Manley, Mix, oiberg, Summers, Swenson, Williams, Yarbrough. Total
March 41
NAYS—Barker, Bilyeu, Brassey, Chase, Cobbs, Evans, Fredericksen, Kidwell, Manning, Miller, Mitchell, Murphy, Peavey, Rigby, Steen, Stoicheff. Total—16. Absent and excused—Crookham, Saxvik. Total—2. Total—35. Whereupon the Acting President declared the motion passed and the Transportation Committee excused from reporting out S. 1006. General Calendar The Acting President declared the Senate recessed and called Senator Murphy to the Chair to preside during the sitting of the Committee of the Whole. Following the adjournment of the Committee of the Whole, the Acting President called the Senate to order. Report of the Committee of the Whole Senator Murphy, Chairman of the Committee of the Whole, reported out S. 1064, without recommendation, amended as follows: SENATE AMENDMENTS TO S. 1064 AMENDMENT TO SECTION 1 On pages 1 and 2 of the printed bill, delete all of SECTION 1. AMENDMENT TO SECTION 2 On page 2 of the printed bill, in line 5, following the word “SECTION” delete the number “2” and insert in lieu thereof the number “1”. AMENDMENTS TO SECTION 3 On page 2 of the printed bill, in line 17, following the word “SECTION” delete the number “3” and insert in lieu thereof the number “2”. On page 2 of the printed bill, in line 22, following the word “within” delete the word “sixty” and insert in lieu thereof the words “one hundred eighty”. On page 2 of the printed bill, at the beginning of line 23, delete the characters and number “(60)” and insert in lieu thereof the characters and number “(180)”, and also in line 23, alter the word “within”, delete the word, characters and number “sixty (60)” and insert in lieu thereof the words, characters and number “one hundred eighty (180)”. CORRECTIONS TO TITLE On page 1 of the printed bill, in line 3, following the word and character “DISTRICTS;”, delete the remainder of line 3 and all of line 4 and the words and character “IRRIGATION DISTRICT;” in line 5. On page 1 of the printed bill, in line 11, following the word “WITHIN”, delete the word “SIXTY”, and insert in lieu thereof the words “ONE HUNDRED EIGHTY”. The Committee has S. 1132, S. 1113, S. 1173, S. 1101, II. 96 and S. 1119 under consideration, report progress and beg leave to sit again. MURPHY, Chairman. S. 1064, as amended, wis referred to the Judiciary and Rules Committee for engrossing. Senate amendments to S. 1064 were referred to the Judiciary and Rules Committee for printing. There being no objectiOn, the Senate returned to the Fifth Order of Business. Presentation of Petitions, Resolutions and Memorials The following resolution was read at length by the Secretary: S.C.R. 112 By STATE AFFAIRS COMMITTEE A CONCURRENT RESOLUTION Establishing an interim committee to review contract negotiations relating to construction of a water project
March 4
SENATE JOURNAL
the Grandview-Guffey reach of the Snake River in outhwest Idaho. S.C.R. 112 was referred to the Judiciary and Rules ommittee for printing. Reports of Standing Committees March 4, 1971. The TRANSPORTATION Committee reports out H. 121, C. 167, H. 196, II. 231, S. 1165, S. 1199, S. 1200 and 1201 with the recommendation that they do pass. BUDGE, Chairman. March 4, 1971. The TRANSPORTATION Committee reports out S. 1058 ud S. 1062 without recommendation. BUDGE, Chairman. March 4, 1971. The STATE AFFAIRS Committee reports out S. 1206 rithout recommendation. SUMMERS, Chairman. H. 121, as amended, H. 167, H. 196, H. 231, S. 1165, 1199, S. 1200, S. 1201, S. 1058, S. 1062 and S .1206 were led for second reading. March 3, 1971. The STATE AFFAIRS Committee reports out S. 1007 rith the recommendation that it be referred to the Re ources and Environment Committee. SUMMERS, Chairman. S. 1007 was referred to the Resources and Environment ommittee. March 4, 1971. The STATE AFFAIRS Committee reports out S. 1204 nd H. 150 with the recommendation that they do pass. SUMMERS, Chairman. March 4, 1971. The COMMERCE AND BANKING Committee reports Ut H. 118 without recommendation. BRASSEY, Chairman. March 4, 1971. The COMMERCE AND BANKING Committee reports ut H. 197 with the recommendation that it do pass. BRASSEY, Chairman. March 4, 1971. The HEALTH, EDUCATION AND WELFARE Com ilttee reports out H. 185, as amended, without recom iendation. BARKER, Chairman. S. 1204, H. 150, H. 118, H. 197 and H. 185 were filed or second reading. March 4, 1971. The STATE AFFAIRS Committee reports out S. 1191 nd S. 1192 with the recommendation that they be re ommitted to the Health, Education and Welfare Com iittee. SUMMERS, Chairman. S. 1191 and S. 1192 were recommitted to the Health, ducation and Welfare Committee. Moved by Senator Barker, seconded by Senator Cobbs, hat S. 1191 and S. 1192 be recommitted to the State ffairs Committee. i
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Motion lost and the Acting President declared that S. 1191 and S. 1192 were referred to the Health, Educa tion and Welfare Committee. The President returned to the Chair. Messages from the House March 4, 1971. Mr. President: I transmit herewith Enrolled H. 229, H.C.R. 8 and H. 67 which have been signed by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign Enrolled H. 229, H.C.R. 8 and H. 67 and, when so signed, ordered them returned to the House. Introduction, First Reading and Reference of Bills 5. 1209 By FINANCE COMMITTEE AN ACT Amending Chapter 35, Title 67 Idaho Code, by the addition of a new Section 67-3513A, Idaho Code, to pro vide that bills making appropriations or bills increasing or decreasing existing appropriations or state or local government fiscal liability shall have a fiscal note attached before any vote is taken thereon by either House of the Legislature, providing for the agency that shall prepare the note, and providing for normal exceptions from the fiscal note requirement; and providing an effective date. S. 1210 By FINANCE COMMITTEE AN ACT Amending Chapter 4, Title 67, Idaho Code, by the addi tion of a new section to be known and designated as Section 67-451, Idaho Code, to provide that the Legisla tive Auditor’s Office shall receive from dedicated fund agencies, payment for audits and other work authorized by law in an amount sufficient to defray all costs and expenses incurred, providing partial payment during the course of the audit, providing that moneys received shall be added to the Legislative Auditor’s Appropriation from the General Fund, and providing that the Legis lative Auditor’s Expenditures shall not exceed the amount appropriated by the legislature; and declaring an emer gency. 5. 1211 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 58-305, Idaho Code, relating to the extension of time in which rental payment on state land may be made, by increasing the interest charged on the payment from four to six per cent; and declaring an emergency. S. 1212 By STATE AFFAIRS COMMITTEE AN ACT Relating to the development of water resources in Southwest Idaho; authorizing the Idaho Water Resource Board to plan, finance, construct, acquire, operate, own, and maintain a water project in the Grandview-Guffey reach of the Snake River, to issue revenue bonds therefor, and to enter into power sales contracts or joint ventures under certain conditions with privately owned electric utilities and providing for the construction and installation as part of such water project of electric power facilities; subordinating power rights to upstream de pletionary use; providing for approval by an interim committee if any such committee is appointed and veto by affirmative action of the Second Regular Session of the Forty-first Legislature; exempting the project from the policy expressed in the last sentence of Section 42-1738, Idaho Code, providing for the creation of the Idaho Water Resource Development Fund and making legislative dec.
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[arations and findings as to the public purpose of such project. S. 1209, S. 1210, S. 1211 and S. 1212 were introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec onded by Senator Mix, the Senate adjourned until 10 :00 o’clock n.m., Friday, March 5, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
FIFTY-FOURTH LEGISLATIVE DAY FRIDAY, MARCH 5, 1971 Senate Chamber, Boise, Idaho, March 5, 1971. the Senate to Ellsworth called Pro-Tempore President order at 10:00 o’clock a.m. Roll call showed all members present, except Senator
Manning, excused. The following prayer was offered by Chaplain Newell Morgan: Almighty God, Thou Who watches over the day and the night, we seek again the privilege of speaking to Thee. In Thy infinite patience and understanding, con sider with kindness each of us today. Our Heavenly Father, we most earnestly pray for those who serve in our National and State Government. Their responsibilities are many, and the problems they face are most serious. We humbly ask that Thou be most attentive to the Lt. Governor and each Senator today. Help them with prob lems of air, water, social injustice, labor, taxes, schools; there are so many and they affect so many. Grant these persons a full measure of Your Divine Wisdom. Most of all keep them sensitive to each other, strong in body, quick in mind. May a spirit of deep consideration be a part of all they do, day after day. In Christ’s Name, we pray, Amen. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Wednesday, March 3, 1971 was read and approved as corrected. KLEIN,
Chairman. Report adopted. Petitions, Resolutions and Memorials The following resolution was read at length by the Secretary: S.C.R. 113 By JUDICIARY AND RULES COMMITTEE A CONCURRENT RESOLUTION Urging the citizens of the state of Idaho to support the National High School Rodeo Championship Finals. S.C.R. 113 was referred to the Judiciary and Rules Com Enittee for printing.
March 5)
Reports of Standing Committees March 5, 1971. The HEALTH, EDUCATION AND WELFARE Com mittee reports out S. 1191 and S. 1192 with the recommen dation they be recommitted to the State Affairs Com mittee. BARKER,
Chairman. S. 1191 and S. 1192 were recommitted to the Stat€ Affairs Committee. March 5, 1971. The STATE AFFAIRS Committee reports that they have had under consideration the Gubernatorial appoint ment of Robert Lenaghen as Acting Director of Admin istrative Services to serve at the pleasure of the Governor and reports out this appointment without recommendation. SUMMERS, Chairman. March 4, 1971. The STATE AFFAIRS Committee reports that they have had under consideration the Gubernatorial appoint ment of Ed Schlender to a four year term on the Water Resource Board commencing January 1, 1971 and recom mends that this appointment be confirmed by the Senate SUMMERS, Chairman. The Gubernatorial appointments were referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the desk for one legislative day. March 5, 1971. The AGRICULTURAL AFFAIRS Committee reports out H. $9, H. 85 and H. 217 with the recommendation that they do pass. SWENSON, Chairman. March 5, 1971. The AGRICULTURAL AFFAIRS Committee reports out S. 1177, H. 241, S. 1178 and S. 1176 without recommen dation. SWENSON, Chairman. March 4, 1971. The JUDICIARY AND RULES Committee reports out H. 236 and H. 193, as amended, with the recommendation that they do pass. KLEIN, Chairman. H. $9, H. $5, H. 217, S. 1177 H. 241, S. 117$, S. 1176, H. 236 and H. 193, as amended, were ified for second reading. March 5, 1971. The JUDICIARY AND RULES Committee reports that S. 1032, as amended in the House, S. 1104, as amended in the House, S. 1109, as amended, S. 1142, as amended, and S. 1193, as amended, have been correctly engrossed. KLEIN, Chairman. 5. 1032, as amended in the House, S. 1104, as amended in the House, 5. 1109, as amended, S. 1142, as amended, and S. 1193, as amended, were filed for first reading. March 5, 1971. The JUDICIARY AND RULES Committee reports that S. 1114, S. 1115, S. 1116 and S. 1143 have been correctly enrolled. KLEIN, Chairman.
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:March 5
Pro-Tempore announced he was about S. 1114, S. 1115, S. 1116 and S. 1143 and ordered them transmitted to the House of the Speaker. March 5, 1971. The JUDICIARY AND RULES Committee reports that 1208, S. 1209, S. 1210, S. 1211, 5. 1212, S.C.R. 112 and enate amendments to S. 1064 have been correctly printed. KLEIN, Chairman. S. 1208 and 5. 1211 were referred to the State Affairs Dommittee. S. 1209 and S. 1210 were referred to the Finance Corn nittee. S. 1212 was referred to the Resources and Environment Dommittee. S.C.R. 112 was referred to the Tenth Order of Business, ‘Iotions and Resolutions and ordered held at the desk or two legislative days. March 5, 1971. The HEALTH, EDUCATION AND WELFARE Corn nittee reports out S. 1207 and 5. 1184 with the recom nendation that they do pass. BARKER, Chairman. March 5, 1971. The HEALTH, EDUCATION AND WELFARE Corn nittee reports out 5. 1195 without recommendation. BARKER, Chairman. S. 1207, S. 1184 and S. 1195 were filed for second eading. Messages from the Governor STATE OF IDAHO Office of the Governor BOISE March 4, 1971 The Honorable Jack Murphy President of the Senate senate Chambers Suilding Dear Mr. President: I have the honor to inform you that I have this day approved and am transmitting to the Secretary of State the following Senate Bills, to-wit: SENATE BILL 1099 SENATE BILL 1061 SENATE BILL 1048, as amended in the House SENATE BILL 1046 The President o sign Enrolled vhen so signed, or the signature
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Sincerely,
Is! CECIL D. ANDRUS
Governor The President Pro-Tempore ordered the message filed in the office of the Secretary of the Senate. Messages from the House March 4, 1971. fr. President: I return herewith Enrolled S. 1125 and S. 1098 which Liave been signed by the Speaker. FITZWATER, Chief Clerk. Enrolled S. 1125 and S. 1098 were referred to the Judiciary and Rules Committee for transmittal to the lovernor. March 4, 1971. P4r. President: I transmit herewith H. 258, H. 259, II. 251, H. 149, as
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amended, H. 252, H. 260 and return herewith S. 1124, S. 1149 arid S.C.R. 110 which have passed the House. FITZWATER, Chief Clerk. H. 258, H. 259, H. 251, H. 149, as amended, H. 252 and H. 260 were filed for first reading. S. 1124, S. 1149 and S.C.R. 110 were referred to the Judiciary and Rules Committee for enrolling. Motions and Resolutions On request by Senator Bivens, granted by unanimous consent, S.J.M. 109 retained its place on the Tenth Order of Bushiess, Motions and Resolutions, for one legislative day. Introduction, First Reading and Reference of Bills S. 1213 By JUDICIARY AND RULES COMMITTEE AN ACT Amending Section 16-2002, Idaho Code, relating to definitions under the Act providing for termination of parent-child relationships, by amending the definition of “court” to mean the District Court instead of the Pro bate Court; amending Section 16-2005, Idaho Code, relating to conditions under which termination of parent-child relationships may be granted, by providing that parental consents to such termination must be witnessed before a judge or magistrate of a District Court of the state and by amending the approved form of such consents accord ingly; and declaring an emergency. S. 1214 By FINANCE COMMITTEE AN ACT Appropriating moneys from the fund enumerated to the Idaho Personnel Commission and prescribing major programs and expenditure classifications of the appropria tion for the period July 1, 1971 through June 30, 1972. 5. 1215 By FINANCE COMMITTEE AN ACT Appropriating moneys from the fund enumerated to the State Board of Scaling Practices and prescribing major programs and expenditure classifications of the appropriation for the period July 1, 1971 through June 30, 1972. S. 1216 By FINANCE COMMITTEE AN ACT Appropriating moneys from the funds enumerated to the Idaho Veterans Affairs Commission for the Veterans Home and prescribing major programs and expenditure classifications of the appropriation for the period July 1 1971 through June 30, 1972. S. 1217 By FINANCE COMMITTEE AN ACT Appropriating moneys from the fund enumerated to the Outfitters and Guides Board and prescribing major pro grams and expenditure classifications of the appropria. tion for the period July 1, 1971 through June 30, 1972. S. 1218 By FINANCE COMMITTEE AN ACT Appropriating moneys from the fund enumerated to the Horse Racing Commission and prescribing major programi and expenditure classifications of the appropriation for the period July 1, 1971 through June 30, 1972. S. 1213, 5. 1214, S. 1215, 5. 1216, S. 1217 and S. 121 were introduced, read the first time at length and referrec to the Judiciary and Rules Committee for printing.
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S. 1032, as amended in the House, and 5. 1104, as amended in the House, by Agricultural Affairs Commit tee, were read the first time at length and filed for sec ond reading. 5. 1109, as amended, by Commerce and Banking Com mittee, was read the first time at length and filed for sec ond reading. S. 1142, as amended, and S. 1193, as amended, by Judi ciary and Rules Committee, were read the first time at length and filed for second reading. H. 260, by Ways and Means Committee, was introduced, read the first time at length and referred to the Trans portation Committee. H. 258 and H. 259, by Ways and Means Committee, were introduced, read the first time at length and referred to the Commerce and Banking Committee. II. 251, by Ways and Means Committee, was introduced, read the first time at length and referred to the Health, Education and Welfare Committee. II. 149, as amended, by Resources and Conservation Committee, was introduced, read the first time at length and referred to the Resources and Environment Committee. H. 252, by Ways and Means Committee, was introduced, read the first time at length and referred to the Transpor tation Committee. Second Reading of Bills S. 1196, by State Affairs Committee, was read the sec ond time at length and filed for third reading, II. 54, as amended, as amended in the Senate, by Moly neaux and Williams, was read the second time at length and filed for third reading. H. 121, as amended, by Ravenscroft, Hyde, Hedlund and Onweiler, was read the second time at length and filed for third reading. II. 167 and II. 196, by Transportation and Defense Com mittee, were read the second time at length and filed for third reading. II. 231, by State Affairs Committee, was read the second time at length and filed for third reading. S. 1165, by Transportation Committee, was read the second time at length and filed for third reading. S. 1199, S. 1200 and S. 1201, by State Affairs Com mitt;ee, were read the second time at length and filed for third reading. 5. 1058, by Kidwell, was read the second time at length and filed for third reading. S. 1062, by Kidwell and Stoicheff, was read the second time at length and filed for third reading. 5. 1206 and 5. 1204, by State Affairs Committee, were read the second time at length and filed for third reading. H. 150, by State Affairs Committee, was read the second time at length and filed for third reading. H. 118 and H. 197, by Business Committee, were read the second time at length and filed for third reading. H. 185, as amended, by Education Committee, was read the second time at length and filed for third reading. Third Reading of Bills Senator Allen requested that H. 209 be placed on the Fourteenth Order of Business, General Calendar, for amendment. Senator Cobbs objected. Senator Cobbs requested H. 209 be held on the Third Reading Calendar until a time certain, 2:00 o’clock p.m. of this day. Senator Brown objected.
March 5
On request by Senator Cobbs, granted by unanimou: consent, H. 209 retained its place on the Third Reathni Calendar, On request by Senator Murphy, granted by unanimom consent, S. 1194 retained its place on the Third Readini Calendar. On request by Senator Barker, granted by unanimow consent, S.J.R. 103, as amended, was recommitted to tin Health, Education and Welfare Committee. On request by Senator Barker, granted by unanimom consent, 5. 1137 retained its place on the Third Read;n Calendar, until Monday, March 8, 1971. President Pro-Tempore Ellsworth called Senator Yar brough to the Chair. S. 1197 was read the third time at length, section b3 section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High Klein, Manley, Miller, Mitchell, Mix, Murphy, Peavey Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen. son, Williams, Yarbrough. Total—33. NAYS—None. Absent and excused—Kidwell, Manning. Total—2. Total—35. Whereupon the Acting President declared the bil: passed. Title was approved and the bill ordered transmittec to the House. 5. 1103 was read the third time at length, section b3 section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Barker, Brassey, Crookham, Egbert, Ellswortl (20), Ellsworth (30), High, Kidwell, Manley, Mitchell, Mix Rigby, Summers, Swenson, Williams, Yarbrough. Tota —16. NAYS—Allen, Bilyeu, Bivens, Brown, Budge, Chase Cobbs, Crutcher, Evans, Fredericksen, Klein, Miller, Mur. phy, Peavey, Saxvik, Solberg, Steen, Stoicheff. Total—iS Absent and excused—Manning, Total—i. Total—35, Whereupon the Acting President declared the bill losi and S. 1103 was ordered filed in the office of the Secretary of the Senate. On request by Senator Crookham, granted by unani mous consent, II. 159 retained its place on the Thim Reading Calendar for one legislative day, On request by Senator Murphy, granted by unanimom consent, H. 72 retained its place on the Third Reading Calendar. H. 220 was read the third time at length, section b section and placed before the Senate for final considera. tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Budge, Cobbs Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Fred. ericksen, High, Klein, Manley, Miller, Mix, Peavey, Rigby Swenson, Yarbrough. Total—20. NAYS—Brown, Chase, Kidwell, Mitchell, Murphy, Sax. vik, Solberg, Stoicheff, Summers, Williams. Total—b. Absent and excused—Brassey, Crookham, Evans, Man ning, Steen. Total—5. Total—35.
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[March 5
Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. On motion by President Pro-Tempore Ellsworth, sec onded by Senator Crutcher, the Senate recessed until 1:30 o’clock p.m. of this day.
Fourteenth Order of Business, General Calendar, f amendment?” Roll call resulted as follows: Allen, Barker, Bivens Budge, Ellsworth (20 AYES Ellsworth (30), Peavey, Steen, wenson, Williams, Ya: brough. Total—il. Bilyeu, Brassey, Brown, Chase Cobbs, Crool NAYS ham, Crutcher, Evans, High, Kidwell, klein, Manle Miller, Mitchell, Mix, Murphy, Rigby, Saxvik, Solber Stoicheff, Summers. Total—21. Egbert, Fredericksen, Mannin Absent and excused Total—3. Total—35. Whereupon the Acting President declared the motic lost and H. 209 was before the Senate for final consider tion. On request by President Pro-Tempore Ellsworth, gran ed by unanimous consent, the Senate recessed for tE minutes. —
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RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant to recess, President Pro-Tempore Ellsworth presiding. Roll call showed all members present. Prior to recess the Senate was at the Thirteenth Order of Business. Third Reading of Bills H. 177, as amended, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Budge; Chase, Cobbs, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, High, Kidwell, Klein Manley, Miller, Mitchell, Mix, Peavey, Rigby, Saxvik, S’olberg, Steen, Stoicheff, Summers, Swenson, Williams. Total—29. NAYS—Brown, Crookham, Murphy, Yarbrough. Total -4. Absent and excused—Fredericksen, Manning. Total—2. Total—35. Whereupon the President Pro-Tempore declared the bill passed. Title was approved and the bill ordered returned to the House. Senator Crutcher arose on a point of personal privilege to introduce a distinguished visitor in the gallery, Mrs. Cecil Andrus, wife of the Governor of the State of Idaho. The President Pro-Tempore welcomed Mrs. Andrus to the Senate Chamber. The President Pro-Tempore called Senator High to the Chair. S. 1194 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass ?“ Roll call resulted as follows: Allen, Barker, Bivens, Brassey, Budge, Egbert, AYES Ellsworth (20), Ellsworth (30), High, Manley, Miller, Peavey, Rigby, Steen, Swenson, Williams, Yarbrough. Total—17. Bilyeu, Brown, Chase, Cobbs, Crookham, NAYS Crutcher, Evans, Kidwell, Klein, Mitchell, Mix, Murphy, Saxvik, Solberg, Stoicheff, Summers. Total—16. Fredericksen, Manning. Total—2. Absent and excused Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. Moved by Senator Allen, seconded by President Pro Tempore Ellsworth, that H. 209 b placed on the Four teenth Order of Business, General Calendar, for amend ment. Roll call vote was requested by Senators Crutcher, Mix and Murphy. The question being, “Shall H. 209, be placed on the —
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RECESS The Senate reconvened, pursuant to recess, Presidei Pro-Tempore Ellsworth presiding. Roll call showed all members present except Senato: Fredericksen and Williams, excused. President Pro-Tempore called Senator Rigby to ti Chair. H. 209 was read the third time at length, section 1 section and placed before the Senate for final consider: tion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brow AYES Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, EU worth (20), Ellsworth (30), Evans, High, Kidwell, Klei Manley, Miller, Mitchell, Mix, Murphy, Peavey Rigb Saxvik, Solberg, Steen, Stoicheff, Summers, wenso Total—31. Yarbrough. Total—i. NAYS Fredericksen, Manning, Willian Absent and excused Total—3 Total—35. Whereupon the Acting President declared the b passed. Title was approved and the bill ordered returned the House. H. 144 was read the third time at length, section 1 section and placed before the Senate for final consider tion. Moved by Senator Evans, seconded by Senator Ki well that H. 144 be placed on the Fourteenth Order Business, General Calendar, for amendment. The Acting President declared the motion lost. The question being, “Shall H. 144 pass?” The Acting President requested the Secretary to call t: roll. Moved by Senator Evans that the Senate adjourn Un 10:00 o’clock a.m., Saturday, March 6, 1971. The Chair ruled the motion out of order as stated und Senate Rule 39A, “Under no circumstance shall a r call, once ordered, be interrupted except to explain a vc or call to or for order,” and that the call for the roll c had been made. The Acting President requested an opinion from t Judiciary and Rules Committee as to the interpretati of Rule 39A and if it affects the interpretation of ti —
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ale after the Chair has recognized the Senator before ie motion was made. H. 144 was placed before the Senate for final considera on, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bivens, Brown, Budge, Chase, AYES rutcher, Egbert, Ellsworth (20), Manley, Miller, Mit iell, Mix, Peavey, Rugby, Steen, Stoicheff, Swenson, Yar rough. Total—19. NAYS Bilyeu, Brassey, Cobbs, Crookham, Ellsworth 30), Evans, High, Kidwell, Klein, Manning, Murphy, Sax ik, Solberg, Summers. Total—it. Absent and excused Fredericksen, Williams. Total —
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Total—35. Paired and voting included in the roll call. AYE: Mix. NAY: Manning. Whereupon the Acting President declared the bill assed. Title was approved and the bill ordered returned to the :ouse. Senator Crutcher, having voted on the prevailing side sr which H. 144 passed in the Senate, served notice that s may on this or the next legislative day move for consideration of the vote. The Acting President ordered H. 144 held at the desk. Senator Bivens, having voted on the prevailing side r which H. 144 passed in the Senate, moved that the )te be now reconsidered. Seconded by Senator Peavey. Roll call vote was requested by Senators Bivens, Brown ad President Pro-Tempore Ellsworth. The question being, “Shall the motion pass?” Roll call resulted as follows: Bilyeu, Cobbs, Crookham, Ellsworth (30), AYES vans, High, Kidwell, Klein, Manning, Mitchell, Murphy, sxvik, Solberg, Summers, Williams. Total—15. NAYS—Allen, Barker, Bivens, Brown, Budge, Chase, rutcher, Egbert, Ellsworth (20), Manley, Peavey, Rigby, een, Stoicheff, Swenson, Yarbrough. Total—16. Absent and excused—Brassey, Fredericksen, Miller, Mix. atal—4. Total—35. Whereupon the Acting President declared the motion st and ordered H. 144 returned to the House. On request by President Pro-Tempore Ellsworth, grantby unanimous consent, the Senate advanced to the ifteenth Order of Business. —
Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec tded by Senator Evans, the Senate adjourned until 10:00 clock a.m., Saturday, March 6, 1971. RAY RIGBY, Acting President. btest: ARTHUR WILSON, Secretary.
FIFTY-FIFTH LEGISLATIVE DAY SATURDAY, MARCH 6, 1971 Senate Chamber, Boise, Idaho, March 6, 1971. President Murphy called the Senate to order at 10:00 :lock a.m.
March 6]
Roll call showed all members present except Senator Miller, excused. The following prayer was offered by Chaplain Newell Morgan: Our Lord God, even at our very best, we each fall far short of the worthiness to stand before Thee, thus we are grateful of Thy forgiveness and patience that makes us acceptable to Thee. Help us to confront and resist evil in every form. In problems and decisions help us to approach them with cool heads and warm hearts, never with cool hearts and hot heads. May we always be motivated by love, never anger. Help us to build, never destroy. May we build through understanding, but never walls of division. Help us, our Lord, to love people and use things, but never to love things and use people. May our concern be always others before self. Help us to seek ways to secure purity of air and water, forgetting not purity of the soul. Cause us to grant to others the equality and respect we demand for ourselves. Grant us wisdom to distinguish truth from error and fact from fiction. When human skill is inadequate supply that which meets our needs. May these who, today, face heavy responsibilities in lawmaking be led by Thy Spirit. In Jesus’ Name, Amen. At this time the President Pro-Tempore announced a visitor had arrived and the President directed Senator Solberg, Representatives Arnzen and Reed to escort Miss Lynn Eckert, Idaho’s Junior Miss for 1971, to the Rostrum. Miss Eckert spoke a few words to the members of the Senate and guests. The President thanked and welcomed Miss Eckert to the Senate and Senator Solberg, Representatives Aimzen and Reed escorted her from the Chamber and the Com mittee was excused. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Thursday, March 4, 1971 was read and approved as corrected. KLEIN, Chairman. Report adopted. Presentation of Petitions, Resolutions and Memorials The following resolution was read at length by the Secretary: S.C.R. 114 By HEALTH, EDUCATION AND WELFARE COMMITTEE A CONCURRENT RESOLUTION Stating legislative findings and observations regarding insurance protection purchased by the state of Idaho and the expense thereof; recognizing the possibility that the state could become a self-insurer for some or all risks presently insured for; authorizing the legislative council to undertake a study of existing insurance coverage pur chased by the state of Idaho and the advisability of the state becoming a self-insurer in any or all areas where the state currently or in the future may purchase insurance protection; and authorizing the preparation of any legis lation which may be necessary to implement the recom mendations of the legislative council. S.C.R. 114 was referred to the Judiciary and Rules Committee for printing. Reports of Standing Committees March 5, 1971. The JUDICIARY AND RULES Committee reports that
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S. 1098 and S. 1125 were delivered to the Governor at 3:55 oâ&#x20AC;&#x2122;clock p.m., on March 5, 1971. KLEIN, Chairman. The President ordered the report filed in the office of the Secretary of the Senate. March 6, 1971. The JUDICIARY AND RULES Committee reports that S. 1213, S. 1214, S. 1215, S. 1216, S. 1217, S. 1218 and S.C.R. 113 have been correctly printed. KLEIN, Chairman. S. 1213 was referred to the Judiciary and Rules Com mittee. S. 1214, S. 1215, S. 1216, S. 1217 and S. 1218 were re ferred to the Finance Committee. S.C.R. 113 was referred to the Tenth Order of Busi ness, Motions and Resolutions, and ordered held at the desk for two legislative days. March 5, 1971. The FINANCE Committee reports out S. 1209 and S. 1210 with the recommendation that they do pass. HIGH, Chairman. S. 1209 and S. 1210 were filed for second reading. March 6, 1971. The JUDICIARY AND RULES Committee reports that S. 1124, S. 1149 and S.C.R. 110 have been correctly en rolled. KLEIN, Chairman. The President announced he was about to sign Enrolled S. 1124, S. 1149 and S.C.R. 110, and, when so signed, ordered them transmitted to the House for the signature of the Speaker. March 6, 1971. The JUDICIARY AND RULES Committee reports that S. 1064, as amended, has been correctly engrossed. KLEIN, Chairman. S. 1064, as amended, was filed for first reading. March 4, 1971. The TRANSPORTATION Committee reports out H. 170 with the recommendation that it go to the Four teenth Order of Business, General Calendar, for amend ment. BUDGE, Chairman. H. 170 was placed on the General Calendar for amend ment. March 5, 1971. The RESOURCES AND ENVIRONMENT Committee reports out H. 110 with the recommendation that it do pass. WILLIAMS, Chairman. March 5, 1971. The LOCAL GOVERNMENT AND TAXATION Com mittee reports out H. 199 with the recommendation that it do pass. BROWN, Chairman. March 5, 1971. The JUDICIARY AND RULES Committee reports out H. 36, as amended, with the recommendation that it do pass. KLEIN, Chairman.
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March 5, 1971. The RESOURCES AND ENVIRONMENT Committe reports out II. 198 and S. 1212 with the recommendatioi that they do pass. WILLIAMS, Chairman. H. 110, H. 199, H. 36, as amended, H. 198 and S. 12U were filed for second reading. Messages from the House March 5, 1971. Mr. President: I transmit herewith Enrolled H. 162 and H. 208 whicl have been signed by the Speaker. FITZ WATER, Chief Clerk. The President announced he was about to sign Enrollec H. 162 and H. 208, and when so signed, ordered then returned to the House. March 5, 1971. Mr. President: I return herewith Enrolled S. 1114, S. 1115, S. 1116 anc S. 1143 which have been signed by the Speaker. FITZWATER, Chief Clerk. Enrolled S. 1114, S. 1115, S. 1116 and S. 1143 wer referred to the Judiciary and Rules Committee for trans mittal to the Governor. March 5, 1971. Mr. President: I transmit herewith H.C.R. 10, H.J.M. 7 and H. 254 which have passed the House. FITZWATER, Chief Clerk. H.C.R. 10 and H.J.M. 7 were referred to the Tenti Order of Business, Motions and Resolutions. H. 256 was filed for first reading. March 5, 1971. Mr. President: I return herewith S. 1077 which has failed to pas: the House. FITZWATER, Chief Clerk. S. 1077 was ordered filed in the office of the Secretarl of the Senate. Motions and Resolutions The following resolution was read at length by th Secretary: H.C.R. 10 By WAYS AND MEANS COMMITTEE A CONCURRENT RESOLUTION Recognizing and commending the accomplishments 0: Miss Lynn Eckert, Miss Junior Miss of Idaho for 1971 Be It Resolved by the Legislature of the State of Idaho WHEREAS, the winner of the 1971 Miss Junior Mis of Idaho contest is Miss Lynn Eckert of Cottonwood Idaho, who possesses the qualities of talent, intelligence personality, poise and beauty; and WHEREAS, Miss Eckert has represented the state o: Idaho, and in particular the youth of the state, individu ally and through her title as Idahoâ&#x20AC;&#x2122;s Miss Junior Miss and will represent the state at the national Junior Mm Pageant in Mobile, Alabama. NOW, THEREFORE, BE IT RESOLVED by the Firs Regular Session of the Forty-first Idaho Legislature, th House of Representatives and the Senate concurrini therein, that the members recognize and commend th accomplishments of Miss Lynn Eckert and express np predation for her service to the state as Miss Junio
SENATE JOURNAL ‘iIiss of Idaho for 1971, and further wish her the best f luck at the national Junior Miss Pageant. BE IT FURTHER RESOLVED that the Clerk of the aouse, be, and she is hereby authorized and directed to ;ransmit suitable copies of this resolution to Miss Lynn Jckert. H.C.R. 10 was ordered held at the desk for two legisla ive days. The following memorial was read at length by the secretary: H.J.M. 7 By WAYS AND MEANS COMMITTEE A JOINT MEMORIAL To the Honorable Richard M. Nixon, President of the Jnited States, the Honorable Senate and House of Repre. ;entatives of the United States in Congress assembled; ;he Senators and Representatives of Congress represent ng the State of Idaho in Congress, Secretary of the In ;erior, Secretary of Commerce, Administrator of Environ nental Protection Agency, and the Chairman of the Idaho Air Pollution Control Commission. We, your Memorialists, the Legislature of the state f Idaho, assembled in its First Regular Session of the l’orty-first Idaho Legislature, do respectfully represent: hat WHEREAS, the state of Idaho is using its best effort .n the matter of natural ecological protection by means of nvironmental controls; and WHEREAS, the state of Idaho has established ambient iir standards regarding sulfur dioxide levels and requir ng that emissions must be reduced to meet these levels; md WHEREAS, the state of Idaho is receiving cooperation rom industry in its efforts to meet such standards of ontrol through technological research and, where such ;echnological knowledge is attained, by the application )f its use through the construction of byproduct facilities ;o meet those quality standards; and WHEREAS, the mining and smelting industry in Idaho ias responded to its obligation to meet control standards, md to that end expended great sums of money in the onstruction of plants for the recovery of sulfur dioxide md its conversion to sulfuric acid for fertilizer use; and WHEREAS, the mining and smelting industry is unable ;o market its sulfuric acid production on a competitive asis because of the unrestricted duty-free import of )yproduct elemental sulfur from our Northern neighbor, anada, which is reaching the markets and can be con erted into sulfuric acid for use at a cost substantially elow that of our domestic byproduct producers; and WHEREAS, without markets for their sulfuric acid ;hese byproduct plants become inoperable, which results ,n a failure of the attainment of our atmospheric improve nent; and WHEREAS, we deem it an obligation of government, vhere within its power, to make economically tolerable ;he fulfillment by industry of the standards which are ixed for the improvement of our environment; and WHEREAS, in the present market situation of by roduct sulfuric acid, it is within the means of govern rnent to provide the requisite protection to our own lomestic industry necessary to assist it in meeting the ederal and state goals for atmospheric improvement; NOW, THEREFORE, BE IT RESOLVED by the House f Representatives of the state of Idaho and the Senate oncurring, that we direct this problem to the attention )f the President and Congress of the United States and equest that action be taken in a solution of this environ nental control byproduct marketing problem, and to this md ft is suggested that the following remedies may be onsidered:
March 6]
1. Subsidization of the byproduct sulfuric acid pro ducer as necessary to meet competition in his nearest domestic market. 2. Imposition of tariffs on elemental sulfur imports adequate to place byproduct sulfuric acid in a competitive position. 3. Imposition of quotas on foreign sulfur by law or by agreement with the importing nations. BE IT FURTHER RESOLVED that the Chief Clerk of the House of Representatives be, and she is hereby authorized and directed to forward certified copies of this Memorial to the Honorable Richard M. Nixon, President of the United States, the President of the Senate and the Speaker of the House of Representatives of Congress, Senators and Representatives representing the state of Idaho in Congress, Secretary of the Interior, Secretary of Commerce, Administrator of Environmental Protection Agency, and the Chairman of the Idaho Air Pollution Control Commission. H,J.M. 7 was ordered held at the desk for two legisla tive days. The President announced that S.J.M. 109 was before the Senate for consideration. On motion by Senator Manning, seconded by Senator Kidwell, S.J.M. 109 was adopted, title approved and the memorial ordered transmitted to the House. On motion by Senator Saxvik, seconded by Senator Rigby, the Gubernatorial appointment of Mr. Ed Schiender to a four year term on the Water Resource Board, was confirmed. Moved by Senator Manning, seconded by Senator Crutcher, that the Gubernatorial appointment of Mr. Robert Lenaghen as Acting Director of Administrative Services, be confirmed. Roll call vote was requested by Senators, Crutcher, Mix and Evans. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Brown, Budge, Chase, Cobbs, Crookham, Crutcher Egbert, Ellsworth (30), Evans, Fredericksen, Kidwell, Klein, Manley, Manning, Mitchell, Mix, Murphy, Rigby, Saxvik, Solberg, Stoicheff, Summers, Swenson, Williams. Total—27. NAYS—Bivens, Brassey, Ellsworth (20), High, Steen, Yarbrough. Total—6. Absent and excused—Miller, Peavey. Total—2. Total—35. Whereupon the President declared the motion passed and the Gubernatorial appointment of Mr. Robert Lenag hen was confirmed. The President directed the Secretary of the Senate to prepare a list for his signature, of the Gubernatorial appointment confirmations, attested to by the Secretary, to be transmitted to the Governor informing him of the action of the Senate. Introduction, First Reading and Reference of Bills S. 1219 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 25-1726, Idaho Code, relating to hearings oi application for Public Livestock Market Char ter, by providing that the board shall give considera tion to the financial stability, business integrity and fiduciary responsibility of the applicant and of each shareholder owning ten per cent or more of the capital stock of any corporate applicant; and amending Section 25-1729, Idaho Code, relating to transfers of market charters, by providing that a corporate owner must main tain a current list of shareholders with the board, and by
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providing that when ten per cent or more of the capi tal stock of any corporate charter holder is acquired in any one calendar year by any one person then said person must comply with the provisions of Chapter 17, Title 25, Idaho Code. S. 1220 By STATE AFFAIRS COMMITTEE AN ACT Repealing Chapter 35, Title 39, Idaho Code. S. 1221 By HEALTH, EDUCATION AND WELFARE COMMITTEE AN ACT Prohibiting an abortional act; providing penalties therefor; providing circumstances under which an abor tional act is justifiable; providing for procedures for justifiable abortional acts; providing that no person or hospital shall be required to perform an abortional act; prescribing penalties; repealing Chapter 6, Title 18, Idaho Code; and providing severability. S. 1222 By HEALTH, EDUCATION AND WELFARE COMMITTEE AN ACT Relating to encouraging persons to seek treatment for addiction or dependency to any drug; providing defini tions; allowing a physician to give treatment and rehabili tation to those making a request, whether of legal age or not, without informing law enforcement authorities of such treatment, and establishing minors as legally com petent to give their consent for treatment under the pro visions of this act, and entitling the physician to adminis ter such treatment without securing the permission of the parent in the case of a minor; providing the procedures for treatment, and the procedures to insure the anonymity of the patient; allowing the physician to the use of only those drugs authorized by the Federal government in the treatment and rehabilitation program, and provid ing that said program will be conducted in accordance with the guidelines established by the Federal govern ment for use of drug concerned; providing reports be submitted to the Director of the Mental Health Division of the Department of Health; repealing Chapter 31, Title 37, Idaho Code; and declaring an emergency. S. 1223 By HEALTH, EDUCATION AND WELFARE COMMITTEE AN ACT Amending Section 33-102, Idaho Code, to provide that the ex officio members of the State Board of Education shall be non voting members of the State Board; amend ing Section 33-102A, Idaho Code, to provide that the Executive Director of the State Board of Education shall be an ex officio non voting member of the Board of Regents. S. 1224 By FINANCE CliIMITTEE AN ACT Appropriating moneys from the funds enumerated to the Idaho Traffic Safety Commission and prescribing major programs and expenditure classifications of the appropriation for the period July 1, 1971 through June 30, 1972. S. 1225 By JUDICIARY AND RULES COMMITTEE AN ACT Relating to cancellation or nonrenewal of insurance; amending Section 41-2508, Idaho Code, to provide that an insurer who seeks to cancel or not renew an auto mobile insurance policy must send notice to the named
insured and the Commissioner of Insurance, together wi the reason or reasons for cancellation or nonrenewal. S. 1219, 5. 1220, S. 1221, S. 1222, S. 1223, S. 1224 a: S. 1225 were introduced, read the first time at length a referred to the Judiciary and Rules Committee for prir ing. S. 1064, as amended, by Resources and Environme Committee, was read the first time at length and fil for second reading. H. 256, by Revenue and Taxation Committee, was int! duced, read the first time at length and referred to t Transportation Committee, The President called Senator Bivens to the Chair. Second Reading of Bills H. 89 and H. 85, by Agricultural Affairs CommittE were read the second time at length and filed for thi reading. H. 217, by State Affairs Committee, was read the SE ond time at length and filed for third reading. S. 1177, by Agricultural Affairs Committee, was re the second time at length and filed for third reading. H. 241, by State Affairs Committee, was read the SE ond time at length and filed for third reading. S. 1178 and 5. 1176, by Agricultural Affairs CommittE were read the second time at length and filed for thi reading. H. 236, by Ways and Means Committee, was read t second time at length and filed for third reading. H. 193, as amended, by Judiciary, Rules and Admin tration Committee, was read the second time at leng and filed for third reading. 5. 1207, S. 1184 and S. 1195, by Health, Education a Welfare Committee, were read the second time at leng and filed for third reading. S. 1032, as amended in the House, and S. 1104, amended in the House, by Agricultural Affairs Committi were read the second time at length and filed for thi reading. S. 1109, as amended, by Commerce and Banking Co mittee, was read the second time at length and filed I third reading. 5. 1142, as amended, and S. 1193, as amended, w read the second time at length and filed for third readir Third Reading of Bills On request by Senator Kidwell, granted by unanimo consent, S. 1058 and 5. 1062 were recommitted to t Transportation Committee. The President returned to the Chair. On request by President Pro-Tempore Ellsworl granted by unanimous consent, H. 72 was placed at t head of the Third Reading Calendar with S. 1206 immeE ately following. On request by Senator Brown, granted by unanimo consent, H. 159 was placed on the Fourteenth Order Business, General Calendar. The President called Senator Bivens to the Chair. The Acting President announced that H. 72 was befo the Senate for final consideration. Cail of the Senate was requested by Senators Ellswor (30), President Pro-Tempore Ellsworth and Senator Ys brough. Whereupon the Acting President ordered the doc keepers to lock the doors permitting no Senators or President to leave or enter the chambers except the SE geant-at-Arms with absent members.
March 6)
SENATE JOURNAL Roll call showed Senators Brassey and Miller, absent. The Sergeant-at-Arms reported to the Acting President iat all members were now present in the Senate Cham r, except Senator Miller, excused. On request by Senator Ellsworth, granted by unanimous rnsent, the Call of the Senate was lifted. H. 72 was read the third time at length, section by ction and placed before the Senate for final considera on, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Bilyeu, Brassey, Brown, Budge, Chase, Cobbs, rookham, Crutcher, Egbert, Evans, Fredericksen, High, idwell, Klein, Manley, Manning, Mitchell, Mix, Mur iy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, ummers. Total—26. NAYS Allen, Barker, Bivens, Ellsworth (20), Ells orth (30), Swenson, Williams, Yarbrough. Total—S. Absent and excused Miller. Total—i. Total—35. Whereupon the Acting President declared the bill issed. Title was approved and the bill ordered returned to e House. On motion by President Pro-Tempore Ellsworth, sec vied by Senator Crutcher, the Senate recessed until :00 o’clock p.m. of this day. —
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RECESS Afternoon Session The Senate reconvened at 2:00 o’clock p.m., pursuant recess, President Pro-Tempore Ellsworth presiding. Roll call showed all members present except Senators rutcher, Miller and Mix, excused. Prior to recess the Senate was at the Thirteenth Order Business. Third Reading of Bills The President Pro-Tempore called Senator Brown to the hair. S. 1206 was read the third time at length, section by ction and placed before the Senate for final considera on, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bivens, Brassey, Brown, Cobbs, gbert, Ellsworth (20), Ellsworth (30), Fredericksen, igh, Kidwell, Klein, Manning, Mitchell, Peavey, Rigby, xvik, Swenson, Williams, Yarbrough, Total—2i. NAYS Bilyeu, Budge, Chase, Crookham, Crutcher, vans, Manley, Mix, Murphy, Solberg, Stoicheff, Total—il. Absent and excused Miller, Steen, Summers, Total—3. Total—35. —
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Paired and voting in the roll call. AYE: Barker NAY: Crutcher AYE: Yarbrough NAY: Mix Whereupon the Acting President declared the bill issed. Title was approved and the bill ordered transmitted to e House. Senator Peavey, having voted on the prevailing side by hich H. 72 passed in the Senate, served notice that he ay on this day or the next legislative day move for re rnsideration of the vote. The Acting President ordered H. 72 held at the desk. On request by Senator High, granted by unanimous
consent, H. 118, H. 121, as amended, and 5. 1199 were placed at the head of the Third Reading Calendar. Senator Manning, having voted on the prevailing side by which S. 1206 passed in the Senate, served notice that he may, on this or the next legislative day move for re consideration of the vote. Senator Bivens, having voted on the prevailing side by which S. 1206 passed in the Senate, moved that the vote be now reconsidered. Seconded by Senator Peavey. Roll call vote was requested by Senators Manning, Chase and Evans. The question being, “Shall the motion pass?” Roll call resulted as follows: Bilyeu, Chase Crookham, Evans, Manley, AYES Manning, Murphy, Saxvik, olberg, Steen, Stoicheff. Total —ii, NAYS Allen, Barker, Bivens, Brassey. Brown, Budge, Cobbs, Egbert, Ellsworth (20), Ellsworth (30), High, Kidwell, Klein, Mitchell, Peavey, Rigby, Summers, Swenson, Williams, Yarbrough. Total—20. Crutcher, Fredericksen, Miller, Absent and excused Mix. Total—4. Total—35. Whereupon the Acting President declared the motion lost and S. 1206 was ordered transmitted to the House. 118 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Barker, Bilyeu, Brassey, Brown, Budge, Chase, Cobbs, Crutcher, Ellsworth (20), Evans, High, Kidwell, Manning, Mitchell, Mix, Murphy, Peavey, Saxvik, Solberg, Summers. Total—20. NAYS—Allen, Bivens, Crookham, Egbert, Ellsworth / (30), Fredericksen, Manley, Rigby, Steen, Stoicheff, Swen Williams, Yarbrough. Total—i3. son, Total—2. Absent and excused—Klein, Miller. Lal35. Paired and voting in the roll call. AYE: Crutcher NAY: Fredericksen AYE: Mix NAY: Stoicheff Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. Senator Manning, having voted on the prevailing side by which H. 118 passed in the Senate, served notice that he may, on this or the next day move for reconsideration of the vote. Senator Manning, having given proper notice, moved that the vote by which H. 118 passed in the Senate be now reconsidered. Seconded by Senator Mitëhell. The question being, “Shall the motion pass?” The motion lost and the Acting President ordered II. 118 returned to the House. On request by President Pro-Tempore Ellsworth, grant ed by unanimous consent, the Senate recessed for ten minutes. RECESS The Senate reconvened, pursuant to recess, President Murphy presiding. Roll call showed all members present except, Senators —
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SENATE JOURNAL
Crutcher, Miller and Mix, excused; Senators Budge, Crookham, Evans, Kidwell, Peavey, Righy and Summers, absent and unexcused. H. 121, as amended, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Klein, Manley, Manning, Mit chell, Murphy, Peavey, Rigby, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—28. NAYS—None. Absent and excused—Bilyeu, Brassey, Crutcher, Kidwell, Miller, Mix, Saxvik. Total—7. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. S. 1199 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bivens, Brown, Budge, Chase, Cobbs, Crooltham, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, K 1 e i n, Manley, Manning, Mit chell, Murphy, Peavey, Rigby, Solherg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total 28. NAYS—None. Absent and excused—Bilyeu, Brassey, Crutcher, High, Kidwell, Miller, Mix, Saxvik. Total—8. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. S. 1196 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bivens, Brown, Budge, Chase, AYES Cobbs, Crookham, fgbert, Ellsworth (20), Eilsworth (30), Evans, Fredericksen, Kidwell1 Klein, Manley, Manning, Mitchell, Murphy, Righy, Saxvik, Solberg, Steen, Stoicheff Summers, Williams, Yarbrough. Total—27. None. NAYS Absent and excused—Bilyeu, Brassey, Crutcher, High, Miller, Mix, Peavey, Swenson. Total—8. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. On request by Senator Bivens, granted by unanimous consent, S. 1165 retained its place on the Third Reading Calendar until Monday, March, 8, 1971. S. 1200 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bivens, Brown, Budge, Chase, AYES Cobbs, Crookham, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, Kidwell, Klein, Manley, Manning, Mitchell, Murphy, Rigby Saxvik, Solberg, Steen, Stoicheff, Summers, Williams, Yarlrough. Total—27. —
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Absent and excused Bilyeu, Brassey, Crutcher, Hig Miller, Mix, Peavey, Swenson. Total—8. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted I the House. S. 1201 was read the third time at length, section 1 section and placed before the Senate for final consider tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bivens, Brown, Budge, Chas Cobbs, Crookham, Egbert, Ellsworth (20), Ellsworth (30 Evans, Fredericksen, High, Klein, Manley, Manning, Mi chell, Murphy, Rigby, Saxvik, Solberg, Stoicheff, Sun mers, Williams, Yarbrough. Total—26. NAYS Steen. Total—i. Absent and excused Bilyeu, Brassey, Crutcher, Ki we1l, Miller, Mix, Peavey, Swenson. Total—8. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted I the House. S. 1204 was read the third time at length, section 1: section and placed before the Senate for final considen tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bivens, Brown, Budge, Egber Ellsworth (20), Ellsworth (30), Evans, Frederickse: High, Kidwell, Klein, Manley, Mitchell, Peavey, Rigb: Saxvik, Solberg, Summers, Yarbrough. Total—2i. NAYS Bilyeu, Brassey, Chase, Cobbs, Crookhar Manning, Murphy, Steen, Stoicheff, Williams. Total—b. Absent and excused Crutcher, Miller, Mix, Swenso Total—4. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted I the House. H. 54, as amended, as amended in the Senate, was re the third time at length, section by section and plac before the Senate for final consideration, the questic being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES Barker, Bilyeu, Bivens, Brassey, Brow: Budge, Chase, Cobbs, Crookham, Egbert, Ellsworth (20 Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klei Manley, Manning, Mitchell, Murphy, Peavey, Rigby, Sa: vik, Solberg, Steen, Stoicheff, Summers, Williams, Ya: brough. Total—30. NAYS Allen. Total—i. Absent and excused Crutcher, Miller, Mix, Swenso Total—4. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to tI House. H. 167 was read the third time at length, section 1 section and placed before the Senate for final considen tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brow Budge, Chase, Cobbs, Crookham, Egbert, Ellsworth (20 Ellsworth (30), Evans, Fredericksen, High, Klein, Manle:
SENATE JOURNAL anning, Mitchell, Murphy, Peavey, Rigby, Saxvik, Sol rg, Steen, Stoicheff, Summers, Swenson, Williams, Yar ough. Total—31. NAYS—None. Absent and excused—Crutcher, Kidwell, Miller, Mix. )tal—4. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to o House. II. 196 was read the third time at length, section by ction and placed before the Senate for final considera m, the question being, “Shall the bill pass?”
March 61
Senator Kidwell, having voted on the prevailing side by which H. 197 passed in the Senate, served notice that he may on this or the next legislative day move for re consideration of the vote. The President ordered H. 197 held at the desk. H. 185, as amended, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bivens, Brassey, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Mitchell, Murphy, Peavey, Saxvik, Solberg, Steen, Stoi cheff, Swenson, Williams, Yarbrough. Total—20. NAYS Bilyeu, Brown, Budge, Chase, Cobbs, Crook ham, Kidwell, Manley, Manning, Rigby, Summers. Total —11. Absent and excused Crutcher, Klein, Miller, Mix. Total—4. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. On request by President Pro-Tempore Ellsworth, grant ed by unanimous consent, the Senate advanced to the Four teenth Order of Business. —
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Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Ldge, Chase, Cobbs, Crookham, Egbert, Ellsworth (20), lsworth (30), Evans, Fredericksen, High, Klein, Manley, snning, Mitchell, Murphy, Peavey, Rigby, Saxvik, Sol rg, Steen, Stoicheff, Summers, Swenson, Williams, Yar ough. Total—31. NAYS—None. Absent and excused—Crutcher, Kidwell, Miller, Mix, tal—4. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to o House. II. 231 was read the third time at length, section by tion and placed before the Senate for final considera.. n, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brassey, Budge, Chase, bbs, Crookham, Egbert, Ellsworth (20), Ellsworth (30), edericksen, Kidwell, Klein, Manley, Manning, Mitchell, Lirphy, Rigby, Solberg, Steen, Summers, Swenson, Yar ough. Total—24. NAYS—Allen, Brown, Evans, Peavey, Saxvik, Stoicheff, illiams. Total—7, Crutcher, High, Miller, Mix, Absent and excused tal—4. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to o House. On request by Senator Summers, granted by unanimous risent, H. 150 retained its place on the Third Reading tlendar until Monday, March 8, 1971. Fl. 197 was rend the third time at length, section by tion and placed before the Senate for final considera n, the question being, “Shall the bill pass?” —
Roll call resulted as follows: Bilyeu, Bivens, Brassey, Brown, Budge, Chase, AYES bbs, Egbert. Ellsworth (20), Ellsworth (30), Evans, edericksen, High, Kidwell, Klein, Manley, Manning, tchell, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, uicheff, Summers, Williams, Yarbrough. Total—28. NAYS None. Absent and excused Allen, Barker, Crookham, Crut er, Miller, Mix, Swenson. Total—7. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to House. —
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General Calendar The President declared the Senate recessed and called Senator Bivens to the Chair to preside during the sitting of the Committee of the Whole. Following the adjournment of the Committee of the Whole, the President called the Senate to order. Report of the Committee of the Whole Senator Bivens, Chairman of the Committee of the Whole, reported out II. 96, as amended, and H. 218, with out recommendation, amended as follows: SENATE AMENDMENTS TO II. 96, AS AMENDED AMENDMENTS TO SECTION 31 On page 12 of the engrossed bill, in line 2, following the word “act”, delete the remainder of line 2 all of line 3, and in line 4, the words and characters “distributor, or im porter,”. On page 12 of the engrossed bill, in line 12, following the word “act”, delete the words “or to assess a penalty against a retailer, distributor, or importer”. CORRECTION TO TITLE On page 1 of the engrossed bill, in line 13, following the word and character “HEREUNDER;”, delete the remain der of line 13, all of line 14 and in line 15 the words and character “RETAILERS, DISTRIBUTORS AND IM PORTERS;”. AMENDMENTS TO SECTION 4 On page 3 of the engrossed bill, in line 1, after the word “to”, delete the word “prohibit” and insert the word “permit”. On page 3 of the engrossed bill, in line 5, after the word “shall”, delete the word “not”. On page 3 of the engrossed bill, in line 7, after the word and character “enforcement”, delete the word “no” and insert the word “a”. On page 3 of the engrossed bill, in line 10, after the words “question of”, delete the word “prohibiting”, and insert the word “permitting”. On page 3 of the engrossed bill, in line 16, after the word and character “herein.”, insert; “Such election may also be called upon written petition of not less than twenty percent (20%) of the registered, qualified electors
SENATE JOURNAL
[March 8
f the county for the last general election. In the event 3aid petition is presented, the governing body of the county thall, within five (5) days after the presentation of said petition, meet and determine the sufficiency thereof by scertaining whether said petition is signed by the re cuired number of registered, qualified electors of the :ounty affected. In the event the governing body of mid county determines that said petition is signed by :he required percentage of registered, qualified electors, mid governing body shall forthwith make an order calling n election to be held within said county in the manner provided by law for holding elections for county officers.”. CORRECTION TO TITLE On page 1 of the engrossed bill, in line 5, after the word nd character “DISPENSARY;”, delete the words “AU THORIZING THE” and in line 6, delete the words ‘PROHIBITION OF” and insert in lieu thereof the word “PERMITTING”. SENATE AMENDMENT TO II. 218 AMENDMENT TO SECTION 1 On page 1 of the printed bill in line 16, following the word “district”, delete the word “and” and insert the word “or”. The Committee also has S. 1119, S. 1132, S. 1113, S. 1173, 1108 and H. 170 under consideration, report progress rnd beg leave to sit again. BIVENS, Chairman. On motion by Senator Bivens, seconded by Senator Mur phy, the report was adopted. H. 96, as amended, as amended in the Senate, and H. 218, s amended in the Senate, were filed for first reading. Senate amendments to II, 96, as amended, and H. 218, were referred to the Judiciary and Rules Committee for rinting. .
Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec )nded by Senator Evans, the Senate adjourned until 10:00 )‘clock a.m., Monday, March 8, 1971. JACK MURPHY, President. &ttest:
ARTHUR WILSON, Secretary.
175
body the serious work of helping to govern other free people. May Thy Eternal Presence bless each one as we humbly seek Thy wisdom through prayer. In Our Lord’s Name We Ask, Amen. Reports of Standing Committees March 6, 1971. The JUDICIARY AND RULES Committee reports that Enrolled S. 1114, S. 1115, S. 1116 and S. 1143 were de livered to the Governor at 4:12 o’clock p.m. on March 6, 1971.
KLEIN, Chairman. The President ordered the report filed in the office of the Secretary of the Senate. March 8, 1971. The JUDICIARY AND RULES Committee reports that 8. 1219, S. 1220, S. 1221, S. 1222, S. 1223, S. 1224, S. 1225, S.C.R. 114, Senate amendments to H. 96, as amended, and Senate amendments to H. 218 have been correctly printed.
KLEIN, Chairman. S. 1219 was referred to the Agricultural Affairs Com
mittee. S. 1220 was referred to the Local Government and Taxation Committee. S. 1221, S. 1222 and S. 1223 were referred to the Health, Education and WeJ.f are Committee. S. 1224 was referred to the Finance Committee. 5. 1225 was referred to the Judiciary and Rules Com mittee. S.C.R. 114 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the desk for two legislative days. March 6, 1971. The FINANCE Committee reports out S. 1214, S. 1215, S. 1216, S. 1217 and S. 1218 with the recommendation that they do pass.
HIGH, Chairman. March 6,1971. The LABOR AND ECONOMIC DEVELOPMENT Com mittee reports out H. 73, as amended, with the recom mendation that it do pass. ELLSWORTH (30),
Chairman.
FIFTY-SEVENTH LEGISLATIVE DAY MONDAY, MARCH 8, 1971 Senate Chamber, Boise, Idaho, March 8, 1971. President Murphy called the Senate to ordered at 10:00 ‘clock a.m. Roll call showed all members present except Senator ‘arbrough, excused. The following prayer was offered by Chaplain Newell torgan: Our God and Heavenly Father, ‘mid all the traffic of ur busy way, we are thankful for this quiet moment )efore Thee. Guide us, we pray, to the sources of moral energy so hat Thy completeness may be linked to the limitations )f our unaided strength. For the tasks of this, another week, may these Thy ervants here in the ministry of our State’s welfare be uided in a way that will achieve much good for all. Do help them to face with renewed strength of mind and
March 8, 1971. The HEALTH, EDUCATION AND WELFARE Com mittee reports out S. 1170 without recommendation.
BARKER, Chairman. S. 1214, S. 1215, S. 1216, S. 1217, S. 1218, H. 73, as amended, and S. 1170 were filed for second reading.
March 8, 1971. The RESOURCES AND ENVIRONMENT Committee reports out S. 1007, as amended, as amended in the House, with the recommendation that the Senate concur in the House amendments.
WILLIAMS, Chairman. S. 1007, as amended, as amended in the House, was referred to the Tenth Order of Business, Motions and Resolutions.
March 8, 1971. The STATE AFFAIRS Committee reports out S. 1189 with the recommendation that it be referred to the Four
teenth Order of Business for amendment.
SUMMERS, Chairman.
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S. 1189 was placed on the General Calendar for amend nent. Messages from the Governor STATE OF IDAHO Office of the Governor BOISE March 5, 1971 lonorable Jack Murphy resident of the Senate senate Chamber 3uilding Dear Mr. President: I have the honor to inform you that I have appointed Ir. Oscar C. Arstein of Paul, Idaho, to the position of Jommissioner of the Department of Agriculture. This appointment was effective January 4, 1971, and dr. Arstein will be serving at the pleasure of the Gover br. This appointment was made subject to confirmation by he Senate and notice of appointment is hereby appro wiately given. Sincerely, Is! CECIL D. ANDRUS Governor The Gubernatorial appointment was referred to the state Affairs Committee. STATE OF IDAHO Office of the Governor BOISE March 8, 1971 Che Honorable Jack Murphy 3resident of the Senate enate Chambers 3uilding )ear Mr. President: I have the honor to inform you that I have this day tpproved and am transmitting to the Secretary of State he following Senate Bill, to-wit: SENATE BILL 1108 Sincerely, Is! CECIL B. ANDRUS Governor The message from the Governor was ordered filed in ;he office of the Secretary of the Senate. STATE OF IDAHO Office of the Governor BOISE March 8, 1971 lonorable Jack Murphy President of the Senate senate Chambers 3uilding Dear Mr. President: In the light of recent additional revenue projections rnd the need for additional funding in critical areas of ;tate government, I respectfully request that I be per nitted to address the legislative bodies in joint session m Wednesday, March 10, 1971. Sincerely, Is! CECIL D. ANDRUS Governor The message from the Governor was ordered filed in ;he office of the Secretary of the Senate. Messages from the House March 6, 1971. iIr. President: I transmit herewith Enrolled H. 220, H, 212, H. 91,
March 8]
II. 172, H. 131 and H. 57 which have been signed by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign Enrolled H. 220, H. 212, H. 91, H. 172, H. 131 and H. 57, and when so signed, ordered them returned to the House. March 6, 1971. Mr. President: I return herewith Enrolled S. 1149, S. 1124 and S.C.R. 110 which have been signed by the Speaker. FITZWATER, Chief Clerk. Enrolled S. 1149 and S. 1124 were referred to the Judi ciary and Rules Committee for transmittal to the Gov ernor. Enrolled S.C.R. 110 was referred to the Judiciary and Rules Committee for transmittal to the Secretary of State. March 6, 1971. Mr. President: I transmit herewith H. 55, as amended, H.C.R. 13, H. 246, H. 265, H. 244, H. 247, N.C.R. 14, H. 206, H. 254, H. 202, H. 215, as amended, and return herewith S. 1030, as amended, as amended in the House, which have passed the House. FITZWATER, Chief Clerk. H. 55, as amended, was filed for first reading. H.C.R. 13 and N.C.R. 14 were referred to the Tenth Order of Business, Motions and Resolutions. H. 246, H. 265, H. 244, H. 247, H. 206, H. 254, H. 202 and H. 215, as amended, were filed for first reading. S. 1030, as amended, as amended in the House, was referred to the Tenth Order of Business, Motions and Resolutions. Motions and Resolutions The following resolutions were read at length by the Secretary: N.C.R. 13 By WAYS AND MEANS COMMITTEE A CONCURRENT RESOLUTION Stating legislative observations; authorizing and in structing the Lieutenant Governor to assist in identifying and to recommend the selection of idemnity lieu lands due from the federal government; authorizing selection of an advisory committee; authorizing payment of ex penses; authorizing employment and payment of per sonnel; authorizing the President of the Senate and Speaker of the House of Representatives to allocate moneys for the purposes of this resolution out of moneys appropriated for legislative expenses; and requiring a report. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, the Governor has requested the Lieu tenant Governor to assist in identifying and recommend ing selection of indemnity lieu lands due from the federal government to the state of Idaho, as authorized by Chap ter 2, Title 58, Idaho Code, and other applicable statutes both state and federal; and WHEREAS, the State Board of Land Commissioners has also requested the Lieutenant Governor to assist in such identifying and recommending selection process; and WHEREAS, there appears to be many thousands of acres of land that are still due and owing to the state of Idaho out of the surveyed, unreserved and unappro priated lands of the United States; and WHEREAS, it appears that certain of the transactions of the past in which the state of Idaho has accepted idem
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nity lieu lands due from the federal government need to be reviewed, amended, corrected or re-negotiated; and WHEREAS, the magnitude of the task involved requires the application of expertise in the field of negotiation to this very important and critical matter. NOW, THEREFORE, BE IT RESOLVED by the Sen.. ate, the House of Representatives concurring, that the Forty-first Legislature of the state of Idaho hereby au thorizes and instructs the Lieutenant Governor, as per mitted by Section 67-809, Idaho Code, to assist in identify ing and to recommend the selection of indemnity lieu lands due from the federal government, as requested by the Governor and the State Board of Land Commissioners. BE IT FURTHER RESOLVED that the Lieutenant Governor is hereby authorized to select an advisory com mittee consisting of two members of the House of Repre sentatives and two members of the Senate on a bipartisan basis, and further that the Lieutenant Governor shall be chairman of the advisory committee. BE IT FURTHER RESOLVED that the Lieutenant Governor, as President of the Senate, may, and he is hereby authorized to pay, from funds appropriated gen erally for legislative expenses, to individual members of the advisory committee as expense the sum of twenty-five dollars per day plus travel, food and lodging in further ance of the purposes of this resolution. BE IT FURTHER RESOLVED that the Lieutenant Governor, with the advice and consent of the advisory committee, is hereby authorized to hire, engage or retain such personnel as may be reasonable and necessary to carry out the provisions of this resolution. All salaries, wages and all other expenses necessary for such personnel shall be paid by the Lieutenant Governor, as President of the Senate, from funds appropriated generally for legislative expenses. BE IT FURTHER RESOLVED that the President of the Senate and the Speaker of the House of Representa tives are hereby authorized to allocate not to exceed ten thousand dollars for the purposes of this resolution out of funds appropriated generally for legislative expenses. BE IT FURTHER RESOLVED that the Lieutenant Governor shall, on or before the convening of the Second Regular Session of the Forty-first Legislature, file his report and recommendations with the Governor, the State Board of Land Commissioners, the Secretary of the Sen ate, and the Chief Clerk of the House of Representatives. H.C.R. 14 By WAYS AND MEANS COMMITTEE
A CONCURRENT RESOLUTION Providing for printing the Session Laws, fixing the price for printing the same, and the price which the public shall be charged for copies of said Session Laws. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, Section 67-904, Idaho Code, has made pro visions for the printing of the Session Laws; NOW THEREFORE in accordance with a written con tract duly made and entered into by the Joint Printing Committee of the Senate Judiciary and Rules Committee and the House Printing and Legislative Expense Com mittee, BE IT RESOLVED by the First Regular Session of the Forty-first Idaho Legislature, the House of Representa tives, and the Senate concurring, that the contract for the printing of the Session Laws of the First Regular Session, Forty-first Legislature, and the Session Laws of any Extraordinary Sessions held prior to the Second Regular Session, Forty-first Legislature, in accordance with the provisions of law and in accordance with the written con tract between the Joint Printing Committee as party of the first part, and CAXTON PRINTERS, LTD., of Cald well, Idaho, as party of the second part, be, and the same
is hereby ratified, confirmed and concurred in, and i: incorporated herein and made a part of this resolution, ii words and figures following, to-wit: -
PRINTING CONTRACT THIS AGREEMENT, made and entered into this 5t1 day of February, 1971, by and between the Joint Printin Committee of the Senate Judiciary and Rules Committe and the House Printing and Legislative Expense Com mittee of the legislature of the state of Idaho, hereinafte mentioned as party of the first part, and THE CAXTO PRINTERS, LTD., of CaIdwell, Idaho, hereinafter men tioned as party of the second part; WITNESSETH: That pursuant to a resolution of said committee am written bids submitted to the said committee by the part: of the second part, contract for legislative printing i hereby awarded to said CAXTON PRINTERS, LTD., a follows: SESSION LAWS For printing and binding 1200 copies of the Sessioi Laws of the First Regular Session of the Forty-firs Legislature and the Session Laws of any Extraordinar; Sessions held prior to the Second Regular Session, Forty first Legislature: $11.85 per page, f.o.b. Boise, Idaho, i produced by offset lithography with camera-ready cop: being furnished party of the second part. The party of th second part shall provide an additional quantity to b made available to the general public at $14.60 per volumE and an additional rate of $1.40 per second volume may b charged if a second volume is required. The Session Law of any Extraordinary Session adjourned prior ‘to June 1 1971, shall be included in the Session Laws of the Firs Regular Session. No charge shall be made by the part: of the second part for proofreading or blank pages. IT IS AGREED betweeen the parties hereto that all o said printing shall be done in the form and manner a submitted in written bid by party of the second part, an in compliance with the statutes of the state of Idaho where not otherwise provided such statutes shall be coa trolling. IT IS FURTHER AGREED that said Session Law shall be printed, delivered to and be ready for distributio’ by the Secretary of State in conformity with the prov sions of Section 67-904, Idaho Code, which sectidn is here by referred to and by such reference made a part of thi contract as though set forth at length herein, and pai ticularly as follows: 1. The Session Laws shall be printed and. made avai] able for distribution within 60 days after the last da on which the governor may sign or approve bills folloi ing adjournment of the session of the legislature whic enacted or passed the measures included in the Sessio Laws, or within 30 days after the delivery to the party a the second part’ of the proper title pages, certificate page tables of laws and statutes amended and repealed and proper index of the contents of the Session Laws, whici ever, date is first in time. ,
Such printing and the delivery of said Session Laws t the Secretary’ of State are to be made as provided b law; that for each day’s failure to so deliver volumes c such Session Laws as herein provided, there .shall Ii deducted from the contract price for printing said Se sion Laws the sum of ‘$50.00 per day for each day’s de1a provided, however, that the party of the second part sha not be held responsible for delay occasioned by failure I furnish copy for such printing to the party of the secon part and such delay shall, to the same extent, extend tli time for the performance of this agreement. IN WITNESS WHEREOF, the party of the secon part has caused these’ presents to be executed by it proper officials, and the party of the first part, by cm
SENATE JOURNAL current resolution, has caused these presents to be executed by its proper officials. SENATE JUDICIARY AND RULES COMMITTEE By Edith Miller Klein, Chairman HOUSE PRINTING AND LEGISLATIVE EXPENSE COMMITTEE By Aden Hyde, Chairman Party of the First Part THE CAXTON PRINTERS, LTD. By Jim Gipson Party of the Second Part ll.C.R. 13 and n.C.R 14 were ordered held at the desk for two legis1ative days. Senator Peavey, having previously served proper notice, moved that the vote by which H. 72 passed in the Senate, be now reconsidered. Seconded by President Pro-Tempore Ellsworth. Roll call vote was requested by Senators Bivens, Budge nd Peavey. Call of the Senate was requested by President Pro Tempore Ellsworth, Senators Bivens and Summers. Whereupon the President ordered the doorkeepers to Lock the doors permitting no Senators or the President to Leave or enter the Senate Chambers. Roll call showed Senators Kidwell, High and Yarbrough absent. The Sergeant-at-Arms was instructed to find and present to the Senate those members who were absent. The absent members were reported now present in the Chambers, except Senator Yarbrough, excused. On request by President Pro-Tempore Ellsworth, grant d by unanimous consent, the Call of the Senate was
Lifted. The question being, “Shall the vote by which H. 72 passed in the Senate be reconsidered?” Roll call resulted as follows: Allen, Barker, Bivens, Brassey, Budge, Cobbs, AYES Ilgbert, Ellsworth (20), Ellsworth (30), High, Kidwell, Klein, Peavey, Swenson, Williams, Yarbrough. Total—16. Bilyeu, Brown, Chase, Crookham, Crutcher, NAYS lvans Fredericksen, Manley, Manning, Miller, Mitchell, ,Iix, Kfurphy, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers. Total—19. Total—35. Paired and voting in the roll call. NAY: Crookham AYE: Yarbrough Whereupon the President declared the motion lost and )rdered II. 72 returned to the House. On request by Senator Bivens, granted by unanimous :onsent, S.C.R. 112 retained its place on the Tenth Order )f Business, Motions and Resolutions, for one legislative lay. On motion by Senator Summers, seconded by Senator Iix, the Senate concurred in the House amendment to 1030. S. 1030, as amended, as amended in the House, was eferred to the Judiciary and Rules Committee for en grossing. Introduction, First Reading and Reference of Bills The President announced that H. 197, held at the desk or possible reconsideration of the vote by which it passed a the Senate, and no motion for reconsideration having een received, ordered it returned to the House. S. 1226 By JUDICIARY AND RULES COMMITTEE AN ACT Amending Section 36-408, Idaho Code, relating to non—
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March 8]
resident fish and game licenses and fees therefor, by limiting the valid period of the nonresident license pro vided for in Subsection 6 of January 1 to August 31; by limiting the privileges under the nonresident license provided for in Subsection 9 to the taking of buck, antlered deer only and by increasing the fee for said license from fifty to seventy-five dollars; and providing an effective date. S. 1227 By JUDICIARY AND RULES COMMITTEE AN ACT Repealing Chapter 1, Title 17, Idaho Code, relating to appeals from Probate and Justice Courts to District Courts; and declaring an emergency. S. 1228 By FINANCE COMMITTEE AN ACT Appropriating moneys out of the funds enumerated to the Legislative Council and prescribing major programs for the period July 1, 1971 through June 30, 1972. S. 1229 By FINANCE COMMITTEE AN ACT Appropriating moneys from the fund enumerated to the Lieutenant Governor and prescribing major programs and expenditure classifications of the appropriation for the period July 1, 1971 through June 30, 1972. S. 1230 By JUDICIARY AND RULES COMMITTEE AN ACT Amending Section 17-201, Idaho Code, relating to ap peals to the District Court from probate matters by striking Probate Court and substituting therefor “Magis trates Division of the District Court”; amending Section 17-204, Idaho Code, relating to the manner of taking an appeal by striking the reference to the Probate Court and substituting therefor “Magistrates Division of the District Court”, striking the reference to Clerk of the Probate Court and substituting therefor “Clerk of the District Court”, and changing the time for appeal from sixty days to thirty days after the order, decree or judgment is entered; repealing Section 17-206, Idaho Code, relating to the hearing on appeal; and declaring an emergency. S. 1226, S. 1227, S. 1228, S. 1229 and S. 1230 were introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. H. 218, as amended in the Senate, and H. 96, as amended, as amended in the Senate, by State Affairs Committee, were read the first time at length and filed for second reading. H. 55, as amended, by Health and Welfare Committee, was introduced, read the first time at length and referred to the Resources and Environment Committee. H. 246, by State Affairs Committee, was introduced, read the first time at length and referred to the Local Government and Taxation Committee. H. 265, by Ways and Means Committee, was introduced, read the first time at length and referred to the Judi ciary and Rules Committee. H. 244, by Revenue and Taxation Committee, was intro duced, read the first time at length and referred to the Judiciary and Rules Committee. H. 247, by Revenue and Taxation Committee, was intro duced, read the first time at length and referred to the Local Government and Taxation Committee. H. 206 and H. 254, by Appropriations Committee, were introduced, read the first time at length and referred to the Finance Committee. H. 202, by Ways and Means Committee, was introduced,
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read the first time at length and referred to the State Affairs Committee. H. 215, as amended, by State Affairs Committee, was introduced, read the first time at length and referred to the Resources and Environment Committee. Second Reading of Bills S. 1209 and S. 1210, by Finance Committee, were read the second time at length and filed for third reading. H. 110, by Ravenscroft, was read the second time at length and filed for third reading. H. 199, by Revenue and Taxation Committee, was read the second time at length and filed for third reading. H. 36, as amended, by Judiciary, Rules and Adminis tration Committee, was read the second time at length and filed for third reading. H. 198, by Resources and Conservation Committee, was read the second time at length and filed for third reading. S. 1212, by State Affairs Committee, was read the second time at length and filed for third reading. S. 1064, as amended, by Resources and Environment Committee, was read the second time at length and filed for third reading. Third Reading of Bills On request by Senator Saxvik, granted by unanimous consent, S. 1178 and S. 1176 retained their places on the Third Reading Calendar for one legislative day. Senator Williams, arose on a point of personal privilege to introduce former Senator Kenneth Harten, who spoke a few words to the members of the Senate. The President welcomed the former Senator to the Senate Chamber. On request by Senator Swenson, granted by unanimous consent, S. 1137 was placed at the head of the Third Read ing Calendar for consideration alter recess on this day. S. 1165 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brown, Budge, AYES Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (30), Evans, Fredericksen, High, Klein, Manley, Manning Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, oiberg, Steen, Stoicheff, Swenson, Williams. Total—30. NAYS None. Brassey, Ellsworth (20), Kidwell, Absent and excused Summers, Yarbrough. Total—S. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. On request by Senator Peavey, granted by unanimous consent, S. 1109, as amended, was placed at the head of the Third Reading Calendar for consideration at this time. The President called President Pro-Tempore Ellsworth to the Chair. S. 1109, as amended, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams. Total—33. —
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NAYS—None. Kidwell, Yarbrough. Total—2. Absent and excused Total—35. Whereupon the President Pro-Tempore declared th bill passed. Title was approved and the bill ordered transmitted ti the House. On request by Senator Swenson, granted by unanimoii consent, S. 1177 retained its place on the Third Reathni Calendar for one legislative day. On motion by Senator Bivens, seconded by Senato: Crutcher, the Senate recessed until 1:30 o’clock p.m. o this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuan to recess, President Murphy presiding. Roll call showed all members present, except Senato Yarbrough, excused. Prior to recess the Senate was at the Thirteenth Orde of Business. Third Reading of Bills The President announced S. 1137 was before the Senat for consideration. The President called President Pro-Tempore Ellswort to the Chair. S. 1137 was read the third time at length, section b; section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Bivens, Brown, Budge, Ellsworth (20) Ellsworth (30), High. Mitchell, Steen, Swenson, William Yarbrough. Total—12. NAYS Barker, Bilyeu, Chase, Cobbs, Crookhan Crutcher, Evans, Kidwell, Klein, Manning, Miller, Mu Murphy, Rigby, Saxvik, Solberg, Stoicheff Summer Total—18. Absent and excused Brassey, Egbert, Fredericksex Manley, Peavey. Total—S. Total—35. Paired and voting included in roll call. AYE: Yarbrough NAY: Miller Whereupon the President Pro-Tempore declared th bill lost and ordered it filed in the office of the Secretary a the Senate. Senator Manning, having voted on the prevailing sid by which S. 1137 lost in the Senate, served notice tha he may on this or the next legislative day move for r€ consideration of the vote. Senator Manning, having served proper notice, move that the vote by which S. 1137 lost in the Senate, be noi reconsidered. Seconded by Senator Murphy. The question being, “Shall the vote by which S. 113 lost in the Senate be reconsidered?” The President Pro-Tempore declared the motion bE and ordered S. 1137 filed in the office of the Secretary c the Senate. Senator Kidwell suggested the absence of a quorum. Roll call showed all members present, except Senatc Allen, absent, and Senators Brassey, Egbert, Fredericl sen, High, Manley, Peavey, Williams and Yarbrougl excused. A quorum being present, the Senate was in order. —
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March 8)
SENATE JOURNAL S. 1207 was read the third time at length, section by ;ection and placed before the Senate for final considera ;ion, the question being, “Shall the bill pass?” Roll call resulted as follows: Barker, Bilyeu, Bivens, Brown, Budge, Chase, AYES Jobbs, Crookham, Ellsworth (20), Ellsworth (30), Evans, idwell, Klein, Manning, Miller, Mitchell, Mix, Murphy, igby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen ;on. Total—25. None. NAYS Mien, Brassey, Crutcher, Egbert, Absent and excused ?redericksen, High, Manley, Peavey, Williams, Yarbrough. total—10. Total—35. Whereupon the President Pro-Tempore declared the bill )assed. Title was approved and the bill ordered transmitted to ho House. S. 1184 was read the third time at length, section by ection and placed before the Senate for final considera ;ion, the question being, “Shall the bill pass?” Roil call resulted as follows: Barker, Bilyeu, Brown, Budge, Chase, Cobbs, AYES rookham, Crutcher, Ellsworth (20), Ellsworth (30), vans, Kidwell, Klein, Manning, Miller, Mix, Murphy, igby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen on. Total—24. None. NAYS Allen, Bivens, Brassey, Egbert, Absent and excused ‘redericksen, High, Manley, Mitchell, Feavey, Williams, arbrough. Total—li. Total—35. Whereupon the President Pro-Tempore declared the bill )assed. Title was approved and the bill ordered transmitted to he House. S. 1195 was read the third time at length, section by ection and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roil call resulted as follows: Allen, Barker, Bilyeu, Chase, Cobbs, Crook AYES ram, Crutcher, Ellsworth (30), Evans, Kidwell, Klein, vtanning, Mitchell, Mix, Murphy, Rigby, Saxvik, Totai—17. Brown, Budge, Steen, Stoicheff, Summers. NAYS rotal—5. Bivens, Brassey, Egbert, Ells Absent and excused orth (20), Fredericksen, High, Manley, Miller, Peavey, iolberg, Swenson, Williams, Yarbrough. Total—13, Total—35. Whereupon the President Pro-Tempore declared the bill ,assed. Title was approved and the bill ordered transmitted to he House. On request by Senator Budge, granted by unanimous onsent, S. 1032 retained its place on the Third Reading alendar. The President returned to the Chair. S. 1104, as amended in the House, was read the third ime at length, section by section and placed before the enate for final consideration, the question being, “Shall he bill pass?” —
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Roil call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brown, Budge, AYES hase, Crookham, Crutcher, Ellsworth (20), Ellsworth —
(30), Evans, Kidwell, Klein, Manning, Mitchell, Mix, Murphy, Rigby, Saxvik, Steen, Stoicheff, Summers, Swen son. Total—24. NAYS—Cobbs. Total—i. Brassey, Egbert. Fredericksen, Absent and excused High, Manley, Miller, Peavey, Solberg, Williams, Yar brough. Total—iO. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered referred to the Judiciary and Rules Committee for enrolling. S. 1142, as amended, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roil call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brown, Budge, AYES Chase, Cobbs, Crookham, Crutcher, Ellsworth (20), Ells worth (30), Evans, Kidwell, Klein, Manning, Miller, Mit chell, Mix, Murphy, Rigby, Saxvik, Solberg, Steen, Stoi cheff, Summers, Swenson. Total—27. NAYS None. Brassey, Egbert, Fredericksen, Absent and excused High, Manley, Peavey, Williams, Yarbrough. Total—8. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. On request by Senator Swenson, granted by unanimous consent, S. 1032, as amended in the House, was placed be fore the Senate for final consideration. S. 1032, as amended in the House, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: Alien, Barker, Bilyeu, Brown, Budge, Chase, AYES Cobbs, Crookham, Crutcher, Ellsworth (20), Ellsworth (30), Manning, Miller, Mitchell, Mix, Murphy, Rigby, Saxvik, Steen, Stoicheff, Summers, Swenson. Totai—22. NAYS—None. Absent and excused—Bivens, Brassey, Eghert, Evans, Fredericksen, High, Kidwell, Klein, Manley, Peavey, Sol berg, Williams, Yarbrough. Total—i3. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered referred to the Judiciary and Rules Conimittee for enrolling. S. 1193, as amended, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Ellsworth (30), Evans, Kidwell, Klein, Manning, Miller, Mitchell, Mix, Murphy, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son. Total—26. NAYS—None. Absent and excused—Brassey, Eghert, Ellsworth (20), Fredericksen, High, Manley, Peavey, Williams, Yarbrough. Total—9. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. —
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On request by Senator Summers, granted by unanimous consent, H. 150 retained its place on the Third Reading
Calendar for one legislative day. H. 89 was read the third time at length, section by
section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Bivens, Brown, Budge, Eilsworth (20), Evans, Miller, Rigby, Saxvik, Steen, Stoicheff, Swenson. Total—12. Barker, Bilyeu, Chase Cobbs, Crookham, NAYS Crutcher, Ellsworth (30), Kidwell, Ilein, Manning, Mit chell, Mix, Murphy, Solberg, Summers. Total—15. Absent and excused—Brassey, Egbert, Fredericksen, High, Manley, Peavey, Williams, Yarbrough. Total—8. Total—35. Whereupon the President declared the bill lost and ordered H. 89 returned to the House. H. 85 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass ?“ Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Budge, Chase, Cobbs, Ellsworth (20), Evans, Klein, Manning, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson. Total—22. NAYS—Brown, Crookham, Crutcher, Ellsworth (30), Kidwell. Total—5. Brassey, Egbert, Fredericksen, Absent and excused High, Manley, Miller, Williams, Yarbrough. Total—8. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 217 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Cobbs, Crookham, Crutcher, Ellsworth (20), Ellsworth (30), Fredericksen, Kidwell, Klein, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Swenson. Total—25. NAYS—None. Absent and excused—Brassey, Chase, Egbert, Evans, High, Manley, Manning, Summers, Williams, Yarbrough. Total—lO. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. On request by Senator Swenson, granted by unanimous consent, H. 241 was placed on the Fourteenth Order of Business, General Calendar, for amendment. H. 236 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: —
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AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crutcher, Ellsworth (20), Ellsworth (30), Kidwell, Klein, Manning, Miller, Mitchell, Mix, Murphy, Rigby, Saxvik, Solberg, Steen, Summers, Swenson. Total —24. NAYS—Crookham, Stoicheff. Total—2. Absent and excused—Brassey, Egbert, Evans, Fred-
ericksen, High, Manley, Peavey, Williams, Yarbrough Total—9. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned tc the House. H. 193, as amended, was read the third time at length section by section and placed before the Senate for fina consideration, the question being. “Shall the bill pass ?“ Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brown, Budge Chase, Cobbs, Crookham, Crutcher, Ellsworth (20), Ells worth (30), Kidwell, Klein, Manning, Miller, Mitchell, Mur phy, Rigby, Saxvik, Steen, Stoicheff, Summers, Swenson Total—24. NAYS—None. Absent and excused Brassey, Egbert, Evans, Fred ericksen, High, Manley, Mix, Peavey, Solberg, Wililams Yarbrough. Total—li. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned tf the House. Senator Barker, having voted on the prevailing sith by which H. 89 lost in the Senate, served notice that h may, on this or the next legislative day move for recon sideration of the vote. Senator Barker, having served proper notice, moved thai the vote by which H. 89 lost in the Senate, be now re considered. Seconded by Senator Bivens. Roll call vote was requested by Senators Barker, Bivem and Steen. Call of the Senate was requested by Senators Murphy Evans and Rigby. Whereupon the President ordered the doorkeepers tc lock the doors permitting no Senators or the President t( leave or enter the Senate Chambers. Roll call showed Senators Brassey, High, Manley, Millei and Yarbrough, absent. The Sergeant-at-Arms was in structed to find and present to the Senate those member who were absent. The absent members were reported now present in th Chambers, except Senator Yarbrough, excused. On request by Senator Murphy, granted by unanimow consent, the Call of the Senate was lifted. The question being, “Shall the vote by which H. 89 iosi in the Senate be reconsidered?” Roll call resulted as follows: Allen, Barker, Bivens, Brown, Budge, Egbert AYES Ellsworth (20), Eflsworth (30), Evans, Fredericksen, Kid well, Miller, Peavey, Rigby, Saxvik, Steen, Stoicheff Swenson, Williams. Total—i9. NAYS Bilyeu, Brassey, ChaseS Cobbs, Crookham Crutcher, High, Manley, Manning, Mitchell, Mix, Murphy Solberg, Summers. Total—i4. Absent and excused Klein, Yarbrough. Total—2. Total—35. —
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Whereupon the President declared the motion passec and H. 89 was before the Senate for final consideration. The question being, “Shall H. 89 pass?” Roll call resulted as follows: Allen, Bivens, Budge, Crookham, Egbert, Ells AYES —
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vorth (20), Ellsworth (30), Evans, Fredericksen, Miller, Peavey, Rigby, Saxvik, Steen, Stoicheff, Swenson, Wil Liams, Yarbrough. Total—18. Barker, Bilyeu, Brassey, Brown, Chase, Cobbs, NAYS Drutcher, High, Kidweil, Klein, Manley, Manning, Mitchell, MLix, Murphy, Solberg, Summers. Total—17. Total—35. Paired and voting included in roll call. NAY: Klein AYE: Yarbrough Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the Elouse. On request by Senator Swenson, granted by unanimous onsent, S. 1176 and S. 1177 were placed on the Fourteenth Order of Business, General Calendar, for amendment. On request by President Pro-Tempore Ellsworth, grant d by unanimous consent, the Senate returned to the Fifth Order of Business. Presentation of Petitions, Resolutions and Memorials S.J.R. 108 By STATE AFFAIRS COMMITTEE A JOINT RESOLUTION Proposing an amendment to Section 23 of Acticle III of bhe Constitution of the State of Idaho, relating to com pensation and mileage of members of the legislature, by removing therefrom the per diem allowance of ten lollars, and the aggregate limit of six hundred dollars for any session, and providing that members of the legis [ature shall each receive as a salary the sum of four Lhousand eight hundred dollars per annum, providing that members of the legislature shall each receive the sum of ten cents per mile for traveling to or returning from each regular or extra session, and providing that officers of Ihe legislature shall each receive an additional compensa tion as provided by law; stating the question to be sub —
rnitted to the electors; directing the Attorney General to
prepare the statement as required by law; and directing the Secretary of State to give legal notice thereof. S.J.R. 108 was introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. President Pro-Tempore Ellsworth requested unanimous consent that the Senate advance to the Tenth Order of Business, Motions and Resolutions. Senator Brassey objected. On request by President Pro-Tempore Ellsworth, grant ed by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec onded by Senator Mix, the Senate adjourned until 10:00 o’clock a.m., Tuesday, March 9, 1971. JACK MURPHY, President. Attest: ARTHUR WIlSON, Secretary.
FIFTY-EIGHTH LEGISLATIVE DAY TUESDAY, MARCH 9, 1971 Senate Chamber, Boise, Idaho, March 9, 1971. President Murphy called the Senate to order at 10:00 o’clock a.m.
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Roll call showed all members present except Senator Yarbrough, excused. The following prayer was offered by Reverend Dennis Bixier: Our Sovereign God and Eternal Father, at the begin ning of this new day we stand before You, placing our selves within Your purpose. Give each of us, this day, our appointed tasks, with each decision grant us a full measure of Your wisdom. Today, may all who shall toil and struggle within this chamber, as they are buffeted by the wants and wishes of so many, find within themselves the inner resources so they may stand tall and true in honesty, fairness and integrity. Help them, we pray, that when the day is finished, they shall have the corporate joy of successful achievement. May a certain peace, calmness and assurance enter now into the hearts and minds of each of these Senators which will abide with them all through this work day. In the Name of Christ we pray, Amen. Reports of Standing Committees March 9, 1971. The JUDICIARY AND RULES Committee reports that 5. 1226, S. 1227, S. 1228, S. 1229, S. 1230 and S.J.R. 108 have been correctly printed. KLEIN, Chairman. S. 1226 was referred to the Resources and Environment Committee. S. 1227 and 5. 1230 were referred to the Judiciary and Rules Committee. S. 1228 and S. 1229 were referred to the Finance Com mittee. On request by President Pro-Tempore Ellsworth grant ed by unanimous consent, S.J.R. 108 was referred to the Tenth Order of Business, Motions and Resolutions. March 9, 1971. The FINANCE Committee reports out H. 254 and S. 1224 with the recommendation that they do pass. HIGH, Chairman. H. 254 and S. 1224 were filed for second reading. March 9, 1971. The JUDICIARY AND RULES Committee reports that S. 1032, as amended in the House, and S. 1104, as amended in the House, have been correctly enrolled. KLEIN, Chairman. The President announced he was about to sign Enrolled 5. 1032, as amended in the House, and S. 1104, as amended in the House, and, when so signed, ordered them trans mitted to the House for the signature of the Speaker. March 8, 1971. The RESOURCES AND ENVIRONMENT Committee reports out H. 149 with the recommendation that it be referred to the Fourteenth Order of Business for amend ment. WILLIAMS, Chairman. H. 149 was placed on the General Calendar for amend ment. March 8, 1971. The LOCAL GOVERNMENT AND TAXATION Com mittee reports out H. 235 without recommendation. BROWN, Chairman.
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March 9, 1971. The HEALTH, EDUCATION AND WELFARE Com mittee reports out H. 76 without recommendation. BARKER, Chairman. March 9, 1971. The HEALTH, EDUCATION AND WELFARE Com mittee reports out S. 1222 and S. 1223 with the recom mendation that they do pass. BARKER, Chairman. H. 235, H. 76. S. 1222 and S. 1223 were filed for second reading. Messages from the Governor STATE OF IDAHO Office of the Governor BOISE March 8, 1971 The Honorable Jack Murphy President of the Senate Senate Chambers Building Dear Mr. President: I have the honor to inform you that I have this day approved and am transmitting to the Secretary of State the following Senate Bills, to-wit: SENATE BILL 1075 as amended SENATE BILL 1015 as amended in the House SENATE BILL 1028 SENATE BILL 1044 SENATE BILL 1057 SENATE BILL 1126 SENATE BILL 1153 SENATE BILL 1154 SENATE BILL 1158 SENATE BILL 1159 SENATE BILL 1098 Sincerely, Is! CECIL D. ANDRUS Governor The message from the Governor was ordered filed in the office of the Secretary of the Senate. Messages from the House March 8, 1971. Mr. President: I transmit herewith Enrolled H. 144, H. 209 and H. 177, as amended, which have been signed by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign Enrolled II. 144, H. 209 and H. 177, as amended, and, when so signed, ordered them returned to the House. March 8, 1971. Mr. President: I transmit herewith H. 264, H. 269, H. 225, H. 216, as amended, H. 279, H.C.R. 18, H. 282 and H. 201, as amended, which have passed the House. FITZWATER, Chief Clerk. H. 264, H. 269, H. 225, H. 216, as amended, H. 279, H. 282 and H. 201, as amended, were filed for first reading. H.C.R. 18 was referred to the Tenth Order of Business, Motions and Resolutions.
Motions and Resolutions The following resolution was read at length by the Secretary:
H.C.R. 18 By WAYS AND MEANS COMMITTEE
A CONCURRENT RESOLUTION Providing for a joint session of the House of Repre sentatives and the Senate of the Forty-first Session of th Legislature of the State of Idaho for the purpose of hear ing a message from the Governor. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, the Governor has informed the House an the Senate that he desires to deliver a message to a join session of the House of Representatives and the Senat in the Chamber of the House of Representatives at 10:3 A.M. on Wednesday, March 10, 1971. NOW, THEREFORE, BE IT RESOLVED by the Firs Regular Session of the Forty-first Idaho Legislature, th House of Representatives and the Senate concurrin therein, that the Senate and the House of Representative meet in joint session on Wednesday, March 10, 1971, a 10:30 A.M. for the purpose of hearing the message fror the Governor. H.C.R. 18 was ordered held at the desk for two legisla tive days. On motion by Senator Fredericksen, seconded by Senato Murphy, the Senate concurred in the House amendmen to S. 1007, as amended, as amended in the House. S. 1007, as amended, as amended in the House, was r ferred to the Judiciary and Rules Committee for engross ing. On request by Senator Bivens, granted by unanimou consent, S.C.R. 112 retained its place on the Tenth Orde of Business, Motions and Resolutions, for one legislativ day. On motion by Senator Barker, seconded by Senato Murphy, S.C.R. 113 was adopted, title approved and th resolution ordered transmitted to the House. On request by Senator Barker, granted by unanimou consent, S.C.R. 114 was recommitted to the Health, Educe tion and Welfare Committee. On motion by Senator Solberg. seconded by Senate Bivens, H.C.R. 10 was adopted, title approved and th resolution ordered returned to the House. On motion by Senator Murphy, seconded by Senate Kidwell, H.J.M. 7 was adopted, title approved and th memorial ordered returned to the House. The President called Senator Kidwell to the Chair. Moved by President Pro-Tempore Ellsworth, seconde by Senator Murphy, that all rules of the Senate intei fering with the immediate consideration of H.C.R. 18 l suspended. The question being, “Shall the motion pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Browi AYES Budge, Chase, Cobbs, Crookham. Crutcher, Ellsworth (20 Ellsworth (30), Evans, Fredericksen, High, Kidwell, Kleii Manley, Manning, Mitchell, Mix, Murphy, Peavey, Rigb Saxvik, Solberg, Steen, Summers, Swenson, William: Total—31. NAYS None. Egbert, Miller, Stoicheff, Yai Absent and excused brough. Total—4. Total—35. More than two-thirds having voted in the affirmative, tl Acting President declared the rules suspended and H.C.I 18 was before the Senate for consideration. On motion by President Pro-Tempore Ellsworth, se onded by Senator Murphy, H.C.R. 18 was adopted, tit approved and the resolution ordered returned to the Hous —
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SENATE JOURNAL Introduction, First Reading and Reference of Bills 5. 1231 By FINANCE COMMITTEE AN ACT Appropriating moneys from the fund enumerated to the ducation Commission of the states and Idaho Education ouncil and prescribing expenditure classifications of the ppropriation for the period July 1, 1971 through June 30, .972. S.1232 By FINANCE COMMITTEE AN ACT Appropriating moneys from the funds enumerated to he State Board of Education for the State Youth Train ng Center and prescribing major programs and expendi ure classifications of the appropriation for the period ruly 1, 1971 though June 30, 1972. S. 1233 By FINANCE COMMITTEE
AN ACT Appropriating moneys from the fund enumerated to he Department of Education and prescribing major pro rams and expenditure classifications of the appropriation or, the period July 1, 1971 through June 30, 1972. 5.1234 By FINANCE COMMITTEE AN ACT Appropriating moneys from the fund enumerated to he Division of the Budget and prescribing major pro rams and expenditure classifications of the appropriation or the period July 1, 1971 through June 30, 1972. S. 1235 By FINANCE COMMITTEE ANACT Appropriating moneys from the fund enumerated to he Western Interstate Commission for Higher Education nd prescribing major programs and expenditure classifi ations of the appropriation for the period July 1, 1971 hrough June 30, 1972. S. 1236 By JUDICIARY AND RULES COMMITTEE AN ACT Amending Section 1-505, Idaho Code, relating to Su reme Court reports by striking the provision that the eports be copyrighted; and declaring an emergency. S. 1231, S. 1232, S. 1233, S. 1234, S. 1235 and 5, 1236 ere introduced, read the first time at length and referred o the Judiciary and Rules Committee for printing. H. 264, by Ways and Means Committee, was introduced, ead the first time at lengtK and referred to the Com ierce and Banking Committee. H. 269 and H. 216, as amended, by Revenue and Taxa ion Committee, were introduced, read the first time at ngth and referred to the Local Government and Taxa ion Committee. -
II. 225, by Ways and Means Committee, was introduced, end the first time at length and referred to the Judiciary nd Rules Committee. H. 279 and H. 282, by Appropriations Committee, were itroduced, read the first time at length and referred to he Finance Committee. H. 201, as amended, by Resources and Conservation ominittee, was introduced, read the first time at length nd referred to the Resources and Environment Com iittee. Second Reading of Bills S. 1214, S. 1215, S. 1216, 5. 1217 and S. 1218, by Finance ommittee, were read the second time at length and filed r third reading.
March 9]
H. 73, as amended, by State Affairs Committee, was read the second time at length and filed for third reading. S. 1170, by Health, Education and Welfare Committee, was read the second time at length and filed for third reading. H. 218, as amended in the Senate, and H. 96, as amended, as amended in the Senate, by State Affairs Committee, were read the second time at length and filed for third reading.
Third Reading of Bills On request by Senator Eilsworth (30), granted by unanimous consent, H. 73, as amended, was held on the Third Reading Calendar until time certain of 1:30 o’clock p.m., Wednesday, March 10, 1971. S. 1178 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Budge, Chase, Crookham, Crutcher, Egbert, Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manning, Mil ler, Mitchell, Mix, Peavey, Righy, Saxvik, Solberg, Stoi cheff, Summers, Swenson, Williams. Total—2$. NAYS—Manley. Total—i. Absent and excused—Brown, Cobbs, Ellsworth (20), Murphy, Steen, Yarbrough. Total—6. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. S. 1209 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Colibs, Crutcher, Egbert, Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Peavey, Rigby, Solberg, Steen, Stoicheff, Swenson, Williams. Total—28. NAYS—None. Absent and excused—Brassey, Crookham, Ellsworth (20), Murphy, Saxvik, Summers, Yarbrough. Total—7. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. S. 1210 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crutcher, Egbert, Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Peavey, Righy, Solberg, Steen, Stoicheff, Swenson, Williams. Total—28. NAYS—None. Absent and excused—Brassey, Crookham, Ellsworth (20), Murphy, Saxvik, Summers, Yarbrough. Total—f. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House.
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At this time President Pro-Tempore Ellsworth, an nounced a visitor had arrived and the Acting President directed Senators Barker and Fredericksen to escort Miss Lana Brackenbury, Miss Rodeo America, from Jerome, Idaho, to the Rostrum. Miss Brackenbury spoke a few words to the members of the Senate and guests. The Acting President thanked and welcomed Miss
Brackenbury to the Senate and Senators Barker and
Fredericksen escorted her from the Chamber and the Committee was excused. The President returned to the Chair. Senator Budge requested unanimous consent that S. 1212 be placed on the Fourteenth Order of Business, General Calendar, for amendment. Senator Rigby objected. S. 1212 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bivens, Brassey, Brown, Crook ham, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Steen, Swenson, Williams. Total —23. NAYS Bilyeu, Budge, Chase, Cobbs, Crutcher, Man ley, Manning, Saxvik, Solberg, Stoicheff, Summers. Total —
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—ii.
Absent and excused Yarbrough. Total—i. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. On request by President Pro-Tempore Ellsworth, grant ed by unanimous consent, H. 36 was placed at the head of the Third Reading Calendar to be considered pursuant to recess. On request by Senator High, granted by unanimous consent, H. 110 and H. 198 retained their place on the Third Reading Calendar for one legislative day. On motion by President Pro-Tempore Ellsworth, sec onded by Senator Mix, the Senate recessed until 2:00 o’clock p.m. of this day. —
RECESS Afternoon Session The Senate reconvened at 2:00 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present except Senator Yarbrough, excused. Prior to recess the Senate was at the Thirteenth Order of Business. Third Reading of Bills The President called Senator Bivens to the Chair. H. 36, as amended, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Chase, Cobbs, Crookham, Crutcher, Ellsworth (20), Ellsworth (30), Evans, High, Kidwell, Klein, Manning, Mitchell, Mix, Murphy, Solberg, Steen, Summers, Williams. Total—23. NAYS Brown, Budge, Egbert, Fredericksen, Manley, Miller, Peavey, Rigby, Saxvik, Stoicheff, Swenson. Total —11. —
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Absent and excused Yarbrough. Total—i. Total—35. Whereupon the Acting President declared the bi passed. Title was approved and the bill ordered returned to tl House. S. 1064, as amended, as amended in the House, was rea the third time at length, section by section and place before the Senate for final consideration, the question b ing, “Shall the bill pass?” —
Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Browi Budge, Chase, Cobbs, Crookham, Crutcher, Ellsworth (20 Ellsworth (30), Evans, Fredericksen, Kidwell, Kleb Manning, Miller, Mitchell, Mix, Murphy, Rigby, Saxvil Steen, Stoicheff, Summers, Williams. Total—28. NAYS None. Absent and excused Egbert, High, Manley, Peave; Solberg, Swenson, Yarbrough. Total—f. Total—35. Whereupon the Acting President declared the bi passed. Title was approved and the bill ordered transmitted I the House. H. 150 was read the third time at length, section 1 section and placed before the Senate for final consider tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES Allen, Bilyeu, Cobbs, Crookham, Crutche Evans, Kidwell, Klein, Manning, Miller, Mitchell, Mi: Murphy, Rigby, Saxvik, Stoicheff, Summers. Total—if. —
NAYS Barker, Bivens, Brown, Budge, Chase, E bert, Ellsworth (20), Ellsworth (30), Steen, Swenso Total—iO. Absent and excused Brassey, Fredericksen, Hig Manley, Peavey, Solberg, Williams, Yarbrough. Total— Total—35. Whereupon the Acting President declared the hi passed. Title was approved and the bill ordered returned the House. Senator Evans, having voted on the prevailing side 1 which H. 150 passed in the Senate, served notice that I may, on this or the next legislative day move for recoi sideration of the vote. —
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The Acting President ordered H. 150 held at the des H. 199 was read the third time at length, section 1 section and placed before the Senate for final considen tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budg Cobbs, Crookham, Crutcher, Ellsworth (20), Ellsworl (30), Evans, Kidwell, Manning, Miller, Mix, Murph: Rigby, Steen, Stoicheff, Summers, Swenson. Total—22. NAYS—None. Absent and excused—Brassey, Chase, Egbert, Fre ericksen, High, Klein, Manley, Mitchell, Peavey, Saxvi Solberg, Williams, Yarbrough. Total—i3. Total—35. Whereupon the Acting President declared the bi passed. Title was approved and the bill ordered returned the House.
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On request by Senator Bivens, granted by unanimous onsent, the Senate advanced to the Fourteenth Order f Business. General Calendar The Acting President declared the Senate recessed nd called Senator Murphy to the Chair to preside during he sitting of the Committee of the Whole. Following the adjournment of the Committee of the hole, President Murphy called the Senate to order. Report of the Committee of the Whole Senator Murphy, Chairman of the Committee of the Thole, reported out 5. 1176, 5. 1189, S. 1177, 5. 1119, 1101 and H. 170 without recommendation, and H. 241 4th the recommendation that it be referred to the Tenth rder of Business, Motions and Resolutions, amended 5 follows: SENATE AMENDMENTS TO S. 1176 AMENDMENTS TO SECTION 10 On page 10 of the printed bill, in line 14, after the rords “himself or”, delete the words “others on an”, and sert in lieu thereof the words “on an exchange of ervice”. On page 10 of the printed bill, at the beginning of ne 15, delete the word “occasional”, and after the word basis”, delete the remainder of line 15 and insert in eu thereof the word “who”. AMENDMENT TO SECTION 16 On page 11 of the printed bill, delete all of lines 39 nd 40, and on page 12 of the printed bill, delete all of age 12. CORRECTIONS TO TITLE On page 2 of the printed bill, in line 28, after the rords “CONDITIONS FOR USE”, delete the character and insert in lieu thereof the character “.“, and ;“ elete all of lines 29 through 35 inclusive. SENATE AMENDMENT TO H. 241 AMENDMENT TO SECTION 14 On page 12 of the printed bill, in line 5, following ae numbers “1971”, and before the “.“, add the follow ig: “, and shall terminate on March 1, 1972.”. SENATE AMENDMENT TO S. 1189 AMENDMENT TO SECTION 2 On page 2 of the printed bill, in line 13, after the rord “official”, delete the word “meetings”, and insert i lieu thereof the word “business”. CORRECTION TO TITLE On page 1 of the printed bill, in line 8, after the rord “OFFICIAL”, delete the word “MEETINGS”, and isert in lieu thereof the word “BUSINESS”. SENATE AMENDMENTS TO S. 1177 AMENDMENT TO SEDTION 7 On page 3 of the printed bill, in line 24, after the ord and character “act.”, delete the remainder of the ne and all of lines 25, 26 and 27. AMENDMENTS TO SECTION 9 On page 4 of the printed bill, in line 14, after the ord “issued”, delete the word “threunder”, and insert i lieu thereof the word “thereunder”. On page 4 of the printed bill, delete all of lines 21 irough 28, inclusive, and at the beginning of line 29, elete the words and character “each subsequent offense.” nd insert in lieu thereof the following: “department hall issue an order requiring compliance with this ct and serve a copy of the order on the person by certi ed mail, return receipt requested. (2) If said person fails to comply with the order within in (10) days of such service, he shall be guilty of a tisdemeanor.”.
March 97
AMENDMENT TO SECTION 10 On page 5 of the printed bill, in line 4, after the word, number and character “SECTION 10.”, delete the remainder of line 4, and delete all of lines 5 through 7, inclusive, and insert in lieu thereof the following: “To carry out the purposes of this act, the department may adopt rules and regulations in compliance with chapter 52, title 67, Idaho Code.”. SENATE AMENDMENTS TO S. 1119 AMENDMENTS TO SECTION 2 On page 1 of the printed bill, in line 32, following the word and character “obstruct,” delete the word and character “damage,”. On page 2 of the printed bill, in line 5, following the word “continuously”, delete the words “or periodically”. AMENDMENT TO SECTION 6 On page 3 of the printed bill, in line 34, following the word “under”, delete the words “valid water rights” and insert the words “existing or vested water right or water right permit”. AMENDMENT TO SECTION 6 On page 3 of the printed bill, after line 36, insert the following: “No permit shall be required from a water user or his agent to clean, maintain, construct in, or repair any stream channel, diversion structure, canal, ditch, or lateral. No permit shall be required from a water user or his agent to remove any obstruction from any stream chan nel, if such obstruction interferes with, or is likely to interfere with, the delivery of, or use of, water under any existing or vested water right, or water right permit.”. AMENDMENT TO SECTION 7 On page 3 of the printed bill, in line 38, following the word and character “projects.”, add the following new material: “This act shall not apply to that portion of any continuous waterway system which will float com mercial tug and barge vehicles to ports handling trans.. oceanic traffic, and which is within or adjacent to any port district now existing or hereafter formed under the provisions of title 70, Idaho Code”. AMENDMENTS TO SECTION 8 On page 3 of the printed bill, in line 40, following the word “property” and preceding the “,“, insert the words “including growing crops”. On page 4 of the printed bill, in line 3, following the word “property”, insert the words “including growing crops”. CORRECTIONS TO TITLE On page 1 of the printed bill, in line 14, after the word “RIGHTS”, and before the character “;“, insert the following: “AND PROVIDING THAT PERMITS ARE NOT REQUIRED OF WATER USERS OR THEIR AGENTS TO CONSTRUCT, MAINTAIN AND REPAIR IN STREAM CHANNELS OR ELSEWHERE, AND TO REMOVE OBSTRUCTIONS FROM STREAM CHAN NELS WHEN THE OBSTRUCTIONS INTERFERE WITH DELIVERY OF WATER”. CORRECTION TO TITLE On page 1 of the printed bill, in line 15, following the word “PROJECTS” and before the “;“, insert the follow ing: “AND PROVIDING THAT THE ACT DOES NOT APPLY TO WATER WITHIN OR ADJACENT TO ANY PORT DISTRICT”. SENATE AMENDMENTS TO S. 1101 AMENDMENTS TO SECTION 6 On page 4 of the printed bill, in line 8, after the word “from” delete the stricken and bold words “whatever source the tax”, and at the beginning of line 9, delete the bold words “imposed for this purpose under section 632503, Idaho Code”, and insert in lieu thereof the words “whatever source”.
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On page 4 of the printed bill, in line 13, following the words “sum of” delete the stricken words, characters and number “seventy thousand dollars ($70,000)”, and at the beginning of line 14 delete the words, characters and number “seventy-five thousand dollars ($75,000)”, and insert in lieu thereof the words, characters and number “seventy thousand dollars ($70,000)”. CORRECTIONS TO TITLE On page 1 of the printed bill, delete all of lines 17 and 18, and at the beginning in line 19 delete the words “PROVIDING THAT THE”. On page 1 of the printed bill, in line 21. following the word “DIVISION” delete the character and words “, AND PROVIDING” and delete all of lines 22 and 23, and at the beginning of line 24, delete the words “TRANS FERRED TO THE GENERAL FUND”. SENATE AMENDMENT TO II. 170 AMENDMENT TO SECTION 2 On page 1 of the printed bill, delete all of lines 28 and 29. CORRECTION TO TITLE On page 1 of the printed bill, in line 7, following the word “DOLLARS”, delete the character and words “; AND PROVIDING AN EFFECTIVE DATE”. The Committee also has H. 149, H. 159, S. 1132, S. 1173 and S. 1113 under consideration, report progress and beg leave to sit again. MURPHY, Chairman. On motion by Senator Murphy, seconded by Senator Bivens, the report was adopted. S. 1176, as amended, S. 1189, as amended, S. 1177, as amended, S. 1119, as amended, and S. 1101, as amended, were referred to the Judiciary and Rules Committee for engrossing. II. 241, as amended in the Senate, was referred to the Tenth Order of Business, Motions and Resolutions. H. 170, as amended in the Senate, was filed for first reading. Senate amendments to S. 1176, S. 1189, S. 1177, S. 1119, S. 1101, H. 241 and II. 170 were referred to the Judiciary and Rules Committee for printing. There being no objection, the Senate returned to the Third Order of Business. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Friday, March 5) 1971, and Saturday, March 6, 1971, were read and approved as corrected. KLEIN, Chairman. Report adopted. Presentation of Petitions, Resolutions and Memorials S.J.R. 109 By JUDICIARY AND RULES COMMITTEE A JOINT RESOLUTION Proposing an amendment to Section 23, Article III, of the Constitution of the State of Idaho, relating to compensation of members of the legislature, by striking the provisions that legislators shall receive a salary of ten dollars per day not to exceed six hundred dollars per session plus expenses for mileage of ten cents per mile for one trip by the usual route traveled, and striking the provision that each presiding officer shall receive an additional one-half of his per diem, and providing that the members of the legislature shall receive the compen sation established by law, but prohibiting any change in the amounts from applying to the legislature which en acted it; submitting the question to the electorate; direct-
18
ing the Attorney General to prepare the statement c such amendment as required by law; and directing th Secretary of State to publish notice thereof. S.J.R. 109 was introduced, read the first time at lengt and referred to the Judiciary and Rules Committee ft printing. The following memorial was read at length by tli Secretary: S.J.M. 110 By STATE AFFAIRS COMMITTEE A JOINT MEMORIAL To the Honorable Senate and House of RepresentativE of the United States in Congress assembled, and tl Honorable Congressional Delegation of the State of Idah We, your Memorialists, the Senate and House of Rej resentatives of the state of Idaho assembled in the Fin Regular Session of the Forty-first Idaho Legislature, respectfully represent that: WHEREAS, the family farm is one of the mainstays the Idaho economy, and WHEREAS, the family farm has come to depend c operating loans advanced by the Farmers Home Admini tration, and WHEREAS, the Farmers Home Administration hi exhausted its available supply of loan funds for fami] farms, and WHEREAS, there is still a pressing need for operatir loans for family farms in Idaho, and these family farn cannot secure credit from any other source, and WHEREAS, this vital loan service could be made avai able by an act of Congress. NOW. THEREFORE, BE IT RESOLVED by the Fir Regular Session of the Forty-first Idaho Legislature, tI Senate and House of Representatives concurring, that v most respectfully urge the Congress of the United Stati to make additional funds for operating loans for famr farms available to the Farmers Home Administration soon as possible. BE IT FURTHER RESOLVED that we respectful urge our congressional delegation to continue their flu efforts toward obtaining this additional appropnatic for the Farmers Home Administration. BE IT FURTHER RESOLVED that the Secretary the Senate be, and he is hereby authorized and directed forward certified copies of this Memorial to the leadersh of the Senate and House of Representatives of Congre and to the Senators and Representatives representing th state in the Congress of the United States. S.J.M. 110 was referred to the Judiciary and RuF Committee for printing. Reports of Standing Committees March 9, 1971. The JUDICIARY AND RULES Committee reports th Enrolled S.C.R. 110 was delivered to the Secretary State at 11:00 o’clock n.m., March 9, 1971. KLEIN, Chairman. March 9, 1971. The JUDICIARY AND RULES Committee reports th Enrolled S. 1124 and S. 1149 were delivered to the Gove nor at 10:55 o’clock n.m., March 9, 1971.
KLEIN,
Chairman. The President ordered the reports filed in the office the Secretary of the Senate. March 9, 1971. The JUDICIARY AND RULES Committee reports th
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L 1030, as amended, as amended in the House, has been orrectly engrossed. KLEIN, Chairman. S. 1030, as amended, as amended in the House, was led for first reading. March 9, 1971. The FINANCE Committee reports out H. 279 with the ecommendation that it do pass. HIGH, Chairman. H. 279 was filed for second reading. March 9, 1971. The HEALTH, EDUCATION AND WELFARE Com iittee reports out S. 1135 without recommendation. BARKER, Chairman. S. 1135 was filed for third reading. March 9, 1971. The FINANCE Committee reports out S. 1228 and 1229 with the recommendation that they do pass. HIGH, Chairman. S. 1228 and S. 1229 were filed for second reading. March 9, 1971, The STATE AFFAIRS Committee reports out S. 1208, 1211, S.C.R. 111 and II. 190 with the recommendation hat they do pass. SUMMERS, Chairman. S. 1208, S. 1211 and II. 190 were filed for second read S.C.R. 111 was referred to the Tenth Order of Business, lotions and Resolutions, and ordered held at the desk Dr one legislative day. March 9, 1971. The STATE AFFAIRS Committee reports that they ave had under consideration the Gubernatorial appoint ients of Mr. John Caylor and Mrs. Carol Humphries to two year term and a six year term respectfully, to the iaho Historical Society, commencing January 1, 1971 and commend that these appointments be confirmed by the enate. SUMMERS, Chairman. The Gubernatorial appointments were referred to the enth Order of Business, Motions and Resolutions, and rdered held at the desk for one legislative day, On request by Senator Kidwell, granted by unanimous msent, the Senate advanced to the Eleventh Order of usiness, Introduction, First Reading and Reference of Bills S. 1237 By FINANCE COMMITTEE AN ACT Appropriating moneys out of the General Fund, federal inds and receipts to appropriations to the Board of egents of the University of Idaho for agricultural exten on programs, for the purpose of paying operating costs rid expenses of the programs enumerated for the period uly 1, 1971 through June 30, 1972; appropriating moneys Ut of the General Fund to the Board of Regents of the niversity of Idaho for the Pure Seed Laboratory for ie purpose of paying operating costs and expenses of ie program enumerated for the period July 1, 1971 irough June 30, 1972; appropriating moneys from the eneral Fund, federal funds and receipts to appropria on to the Board of Regents of the University of Idaho w agricultural research for the purpose of paying
March 9]
operating costs and expenses of the programs enumerated for the period July 1, 1971 through June 30. 1972, S. 1238 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 63-2220, Idaho Code, relating ,to limitation upon tax levies, by providing that the limitation provided by this section shall not apply to property an nexed or constructed in the current tax year or immedi ately preceding tax year; declaring an emergency and providing for retroactive application. S. 1239 By STATE AFFAIRS COMMITTEE ANACT Relating to revenue bonds; amending Section 50-1036, Idaho Code, enlarging the authority of a city to pre scribe the nature, form, conditions of payment, denomi nation of, and conversion of revenue bonds. S. 1240 By FINANCE COMMITTEE AN ACT Appropriating moneys from the funds enumerated to the Commerce and Development Department and prescrib ing major programs and expenditure classifications of the appropriation for the period July 1, 1971 through June 30, 1972, S. 1241 By FINANCE COMMITTEE AN ACT Appropriating moneys from the funds enumerated to the Public Utilities Commission and prescribing major pro grams and expenditure classifications of the appropria tion for the period July 1, 1971 through June 30, 1972. S. 1242 By FINANCE COMMITTEE AN ACT Appropriating moneys from the fund enumerated to the Boise Children’s Home, Booth Memorial Hospital, and Lewiston Children’s Home for the payment of oper ating costs and expenses for the period July 1, 1971 through June 30, 1972. S. 1243 By FINANCE COMMITTEE AN ACT Appropriating $1,750,000, or so much thereof as may be necessary, out of the General Fund of the state of Idaho to the State Social Security Trust Fund for the purpose of paying the state’s participation in the Old Age and Survivors’ Insurance Program under Public Law 734, 81st Congress, and the amendments thereto, for all covered employees of the state whose salaries and wages are to be paid from either the General Fund or the sev eral Endownient Earning Funds of the several institu tions, for the period beginning July 1, 1971 and ending June 30, 1972, in accordance with Chapter 11, Title 59, Idaho Code; and exempting this appropriation from the provisions of the Standard Appropriations Act of 1945, and the provisions of Sections 67-3508 and 67-3516, Idaho Code. S. 1237, S. 1238, S. 1239, S. 1240, S. 1241, S. 1242 and S. 1243 were introduced, read the first time at length and referred to the Judiciary and Rules Committee for print ing. S. 1030, as amended, as amended in the House, by State Affairs Committee, was read the first time at length and filed for second reading. On request Senator Kidwell, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business.
[March 10
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Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec onded by Senator Mix, the Senate adjourned until 10:00 o’clock a.m., Wednesday, March 10, 1971. JACK MURPHY, President, Attest: ARTHUR WILSON, Secretary.
FIFTY-NINTH LEGISLATIVE DAY WEDNESDAY, MARCH 10, 1971 Senate Chamber, Boise, Idaho, March 10, 1971. President Murphy called the Senate to order at 10:00 o’clock n.m. Roll call showed all members present. The following prayer was offered by Reverend Dennis Bixler: Eternal God, Lord of the Heaven and the earth, we bow our heads before Thee, acknowledging Your Supreme power and our great need of Thee. Grant us such faith in Thee and ourselves that we can believe that Thou makest all things to work together for good to them that love Thee. We ask that Your Presence, this day, shall be with those who dayfter day labor in this chamber. Give each of them quickness of mind, bodily health, and Divine guidance for a fruitful day in legislative affairs. Give these, Your servants, peace of mind, strength of body, wisdom for decisions, patience for their differences, insight for perplexities, courage in the face of opposition and compensation for criticism. May the joy of their achievements far outweigh the disappointments of defeat. May they feel Your Presence throughout this day. In the Master’s Name, Amen. Reports of Standing Committees March 10, 1971. The JUDICIARY AND RULES Committee reports that S. 1231, 5. 1232, 5. 1233, S. 1234, S. 1235 and S. 1236 have been correctly printed. KLEIN, Chairman. S. 1231, S. 1232, 5. 1233, S. 1234 and 5. 1235 were referred to the Finance Committee. S. 1236 was referred to the Judiciary and Rules Com mittee. March 10, 1971. The JUDICIARY AND RULES Committee reports that Senate amendments to S. 1101, Senate amendments to S. 1119, Senate amendments to S. 1176, Senate amend ments to S. 1189, Senate amendments to S. 1177, Senate amendments to II. 170 and Senate amendments to H. 241 have been correctly printed. KLEIN, Chairman. March 9, 1971. The STATE AFFAIRS Committee reports out S. 1169 with the recommendation that it be referred to the Health, Education and Welfare Committee. SUMMERS, Chairman. 5. 1169 was referred to the Health, Education and Wel fare Committee.
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March 9, 1971. The JUDICIARY AND RULES Committee reports ou S. 1213, S. 1225, 5. 1227, 5. 1230, H. 93 and H. 200 witl the recommendation that they do pass. KLEIN, Chairman. March 9, 1971. The AGRICULTURAL AFFAIRS Committee report out S. 1219 and S. 1185 with the recommendation tha they do pass. SWENSON, Chairman. S. 1213, S. 1225, S. 1227, 5. 1230, H. 93, II. 200, S. 1211 and S. 1185 were filed for second reading. March 10, 1971. The HEALTH, EDUCATION AND WELFARE Com mittee reports out S.C.R. 114 without recommendation. BARKER, Chairman. S.C.R. 114 was referred to the Tenth Order of Business Motions and Resolutions, and ordered held at the desi for two legislative days. Messages from the Governor STATE OF IDAHO Office of the Governor BOISE March 9, 1971 The Honorable Jack M. Murphy President of the Senate Senate Chambers Building Dear Mr. President: I have the honor to inform you that I have this da approved and am transmitting to the Secretary of Stat the following Senate Bill, to-wit: SENATE BILL 1160 This bill deals with legislative compensation; and though I have been requested to veto this legislation, feel this is a matter between an independent branch 0: government and the people of Idaho. With the assurano of the legislative leaders that the people will be con sulted in this matter at the next election, I have signe Senate Bill 1160 into law. Sincerely, Is! CECIL D. ANDRUS Governor The message from the Governor was ordered filed ii the office of the Secretary of the Senate. STATE OF IDAHO Office of the Governor BOISE March 9, 1971 The Honorable Jack M. Murphy President of the Senate Senate Chambers Building Dear Mr. President: I have the honor to inform you that I have withhel< my approval, disapproved and vetoed, and am transmittini herewith the following Senate Bill, to-wit: SENATE BILL NO. 1102 the same having been received in the Office of the Gov ernor at the hour of 1:55 p.m., March 3, 1971. This Administration is in full agreement with tin alleged intent of this bill. We, too, feel that all classifiec employees should be treated equally and equitabl throughout the several departments of State government This Administration does and will insist that all classi
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Led employees be dealt with fairly. However, let us now urn to the sections of SB 1102 that the Administration annot find agreement with. Section 8 of this bill openly tsurps the duties and responsibilities of a department Lead by having the Personnel Commission determine who hall be supervisory and administrative personnel. It is he opinion of this Administration that the determination f supervisory and administrative personnel be necessarily eft up to the department and agency heads who are lose to the situation and know the extenuating circum tances surrounding a particular position. Section 13 has numerous irregularities that deserve nention and serious review. First, there is a question as o whether Section 13, SB 1102, was written notwith tanding Chapter 53, Title 67, Idaho Code creating the ersonnel Commission. Idaho Code, 67-5303, specifically xempted certain employees from Personnel Commission urisdiction, yet SB 1102, Section 13, states: The Idaho Personnel Commission is hereby directed and authorized to establish rules and regulations re lating to leave for state employees from official duty, including but not limited to, sick leave, military leave, jury duty, leaves of absence without compensation, and such other forms of absence from performance of duties in the course of state employment as may be found necessary. If SB 1102 is the framework within which we are to Lperate, then all State employees are in the whole or in iart under Personnel Commission jurisdiction. If that is tot the case, then with the repeal of Idaho Code, 67-2507, here is absolutely no provision for vacation leave time ranted to State employees of the Idaho Military Depart nent, members of teaching staffs of State institutions tdministered by the Board of Regents or the Board of ducation, and all employees of the Judicial Branch of overnment. We suspect that the whole question of the exempt mployee’s position has been overlooked by SB 1102. The Lilly glint of acknowledgment comes via Section 13 in ts all encompassing statement giving the Personnel Com nission jurisdiction over all rules and regulations relating ;o, leave for State employees, If this is not the case, and he Personnel Commission, in accordance with the Idaho ode, 67-5303, accepts the fact that it does not have juris liction over certain, specifically exempt employees, then re must conclude that SB 1102 was written by one class if employees at the expense of yet another. I have, therefore, withheld my approval from, have dis tpproved and vetoed Senate Bill No. 1102. Respectfully yours
Is! CECIL P. ANDRS Governor
The message from the Governor and S. 1102 were re erred to the Tenth Order of Business, Motions and Reso ,utions. On requeEt by President Pro-Tempore Ellsworth, grantd by unanimous consent, the Senate proceeded to the E{ouse of Representatives Chamber for a Joint Session to iear Governor Cecil D. Andrus’ message. Joint Session The members of the Senate entered the House Chamber rnd met in Joint Session with Speaker Lanting presiding. Roll call of the House showed 66 members present. Edwards, Fogg, Koch (19), Lin Absent and excused 2oln. Total—4. Total—70. Roll call of the Senate showed 33 members present. Brassey, Steen. Total—2. Absent and excused Total—35. —
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March 10]
Moved by Mr. Crapo and seconded by Mr. Williams, that the Speaker appoint a committee of four to wait upon and escort the Governor to the House Chamber. Motion carried. The Speaker appointed Senator High, Senator Mitchell, Representative Kennevick and Representative Maynard as the committee to wait upon the Governor and escort him to the House Chamber. The committee was excused. The committee returned and escorted the Governor to the Rostrum. His Excellency, the Governor of the State of Idaho, Cecil D. Andrus was introduced by the Speaker and the following message was delivered by Governor Andrus: MESSAGE TO THE 41ST IDAHO LEGISLATURE REASSESSING IDAHO’S BUDGET NEEDS Mr. President, Mr. Speaker, Ladies and Gentlemen of the Forty-first Idaho Legislature: Some 55 days have passed since we last addressed a Joint Session of the Idaho Legislature to place before you budget recommendations for fiscal year 1971-12. At that time we pledged to you and the people of Idaho our assistance and cooperation in solving the fiscal dilemma at hand. We asked to come before you today to renew our pledge of assistance and cooperation, to review our fiscal problems and to offer some new alternatives for your consideration. We indeed recognize the great difficulties you face in a time of mounting pressures against taxhicreases, while at the same time the needs for funds to public schools, higher education, health, public assistance and other agencies of our state are greater than ever before. We know that the Joint Senate Finance and House Appropriations Committee has devoted long hours listen ing courteously and sympathetically to the needs of state agencies. We recognize the painful difficulty of their decisions and commend them for their arduous labors. In my budget message on January 15th I outlined a number of proposals to assure that the General Fund will have a balance on June 30, 1971, and to provide a carryover into the 1971-72 fiscal year. In addition, we proposed to assist the Joint Committee in their delibera tions by keeping the level of state expenditures stable while they considered state agency budget requests. We report today that downward revisions of agency allotments for the six month period ending June 30th of this year have been completed. Revisions were made in all allotments except those of the judicial branch, legislative branch and elected state officials. The allotment revision process reduced spending by 2.4 million dollars. Meanwhile, the budget division with cooperation from the personnel commission staff has nearly completed the installation of a position control system for general fund state agencies. This system and executive order 11-3 have been instrumental in preventing a significant in crease in personnel costs during the legislative session. We now respectfully request the Legisature to pass H.B. 184 which provides the needed additional authority to implement a position identification control system. Without this authority we may be unable to keep expendi tures for salaries and wages within acceptable limits. Many things have happened since the delivery of the budget message nearly two months ago. Therefore, we believe the time has come to reassess the program needs of the state and the revenue measures to fund these spending needs. Our original budget estimated that existing General Fund revenue sources for fiscal year 1971-72 would pro-
[March 10
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duce $113,728,000. However, we recognize that it is very difficult to predict revenues for a period ending sixteen months from now and that responsible estimates can differ by as much as two percent from the estimate in our budget. We also recognize that revenue predictions in the executive budget are considered minimal by some sources. Nonetheless, until we have unmistakable signs of im proved economic conditions in the coming year we should retain our $113,728,000 revenue estimate. We are pleased that the legislature has approved four of the six revenue measures proposed to increase funds for fiscal 71-72 without raising taxes. You have passed measures allowing monthly reporting of state income tax payments, transferring a surplus in the Social Security Trust Fund to the General Fund, dis allowing a 50 percent capital gains tax deduction on the corporate income tax and reducing the Sales Tax Refund Fund. In addition, by agreement with the Auditor’s Office, we intend to implement a plan allowing receipts from the Auditor’s Computer Operation to be placed in the General Fund. These five revenue measures will raise an additional $5,454,000 in fiscal 71-72. However, there are three crucial additional revenue measures that we recommend for your consideration. 1. We ask that you reconsider limiting funds for com pensating local governments for the loss of inventory tax revenues to 15 percent rather than 20 percent of the sales tax. 15 percent adequately replaces inventory tax losses and favorable consideration of this measure would in crease state revenues by $2,355,000 in 1971-72. This would not be what is popularly called “one-shot” revenue. 2. We support H.B. 43 which would eliminate the $500,000 per year set aside from the sales tax for the Permanent Building Fund. 3. We support a measure which would require corpora tions to file income tax returns and make quarterly pay ments during the taxable year based on the estimated tax due for the same taxable year. Federal law requires a similar quarterly installment payment system based on the estimated tax due. The federal exemption of small firms is similar to the state exemption under this bill so that corporations who file federal estimated tax returns will also be filing Idaho estimated corporation tax re turns. The bill would affect only 684 corporations and would bring the General Fund an additional $3.8 million in 71-72. The cost to the state for processing this tax change would be less than $7,500 per year. The passage of these three bills will increase the General Fund by $6,655,000 in 1971-72. In addition, we have re-estimated the cash balance in the General Fund as of June 30, 1971. The new estimate was made by examining each major source of revenue and the expenditures of each state agency. Because of a de crease in our estimated receipts for the current fiscal year, our new estimate is $3,574,000 rather than the $4,495,000 estimated in the Executive Budget. By adding together 1. Our estimate for existing revenues for 1971-72 $113,728,000 2. Income from revenue measures that have been approved by the legislature 5,454,000 3. Income from the three additional revenue measures we are recommending today 6,655,000 4. And, our estimated cash balance as of June 30, 1971 3,574,000 .
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$129,411,000
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We have spendable revenues totaling $129,411,000 in 1971 72. As we said earlier, we recognize the fiscal problem facing the Joint Senate Finance and House Appropriation Committee and commend the committee members for th courtesy and concern afforded state agencies. We note that for many state agencies, the committee ha tentatively recommended the amount proposed by th Executive Budget. For some agencies the committee ha recommended a slightly different amount based on th fourth quarter agency allotment supplied by the BudgE Division. In a number of cases, the committee has see fit to increase the amount recommended in the Execut;v Budget. However, we are disturbed by three proposed majo reductions made by the joint committee. They are: 1. The reduction of $3.6 million for public schools; 2. The reduction of $1 million for higher education; an 3. The reduction of $1 million from the revised Exect tive Budget for the Department of Health. The funds for public schools, higher education an the Department of Health most directly affect ou people. These programs are too important to be retardec We believe that the Joint Committee is sympatheti toward the key needs of our people and made the reduc tions only because the Committee felt that funds war not available to finance the proposals we made in th executive budget for public schools, higher education an health. Therefore we recommend that the Joint Coni mittee reconsider these needs on the basis of our ne’ recommendations for revenue sources which would prc duce $129,411,000 in 1971-72. Specifically, we recommend that: 1. The Legislature raise the appropriation for publi school equalization by $3.6 million to the $46.6 millio in the executive budget. The executive budget provide $2.8 million for kindergartens and I was greatly di appointed that the measure failed. The reason given b many of the legislators was the lack of available revenu If this is the case, I respectfully request that you r consider in light of the alternate proposals that I offE for your consideration today. If the defeat of the ldndei garten bill was a philosophical difference and kinde! gartens are not to be reconsidered, I suggest that th $2.8 million be put into the School Foundation progran This $2.8 million plus the amount we recommended fo teacher salary increases would enable the typical schoc district to raise teacher salaries and reduce the educe tional impact on the property tax. 2. We also recommend that the Legislature restor the $1 million dollar reduction for higher education. Thi reduction would have to be equalized by raising studea fees $60 per year. We believe this increase would creat undue hardship for the students and their parents. I you cannot restore the entire $1 million reduction, w recommend that you restore half of that reduction. Restc ration of half of the $1 million would limit student fe increases to $15 per semester. 3. We recommend that the Legislature restore th $1 million reduction in the executive budget for th Department of Health. This reduction directly touche too many of our citizens. We believe that the work a the Department of Health particularly in the fields a environmental protection, local health and child develor ment are too important to withstand a reduction. 4. We recommend an increase of $124 900 for Nort Idaho Junior College and the College of outhern Idah Both schools are providing vocational and academic teak ing for increasing numbers of students. This need Wa overlooked in our original budget because informatio: available at that time was not sufficient to predict thes vital needs.
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5. We recommend an appropriatien of $301,500 to im lement a financial management information and reportrig system in the office of State Auditor. This system i1l add significantly to the financial information needed or executive and legislative budget review. 6. Finally we recommend property tax relief amounting o about $1.6 million for the calendar year 1972. County overnments spend significant amounts of their charity und levies for purposes, which if channeled through the )epartment of Public Assistance, would earn federal riatching funds at a ratio of 2.2 federal dollars to every [ollar of state funds. If two-thirds of local charity fund svies were rendered unnecessary by an appropriation of dditional General Fund money to the Department of ‘ublic Assistance, property taxes could be reduced by bout $1.6 million per year. The following are examples f property tax reductions that might be made in 1972 f the program were enacted. 2.18 Mills Ada County Bannock County 1.78 Canyon County 1.8$ Cassia County 1.57 Gooding County 1.96 Latah County 3.33 Minidoka County 2.45 Nez Perce County 2.43 Owyhee County 2,60 Payette County 3,09 Teton County 3.00 Twin Falls County 1.43 State assumption of County Nursing Home supple rientation and prescription drugs have been explored by nembers of the Joint Committee particularly by VIr. Palmer. We commend them for their study of the proposal and Lithough our recommendations for financing the program [iffer greatly, we were assisted by their work to derive the osts to the state for the proposed take-over. We recommend that January 1, 1972 be the starting [ate for state assumption of these county programs for wo reasons. First, current county tax levies would pro ide funds for these programs for the remainder of the .971 calendar year. Secondly, the Department of Public ssistance needs nine months to adequately plan for the iew program. We estimate that for the six month period egmnmg January 1, 1972 and ending June 30, 1972, the )epartment of Public Assistance will need an additional tate appropriation of $800,000 to implement the transfer )f these county programs. This $800,000 in additional state appropriations to the )epartment of Public Assistance combined with the $1,60,000 in federal funds it would earn would make avail tble about $2,560,000 for increasing the costs of nursing iome care, for the mounting needs and costs of prescribed Irugs for indigents and for certain other serious needs vhich counties are unable to meet. Many of the problems we faced when we met 55 days igo have not been resolved this illustrates the magni ;ude of the problems we face. In evaluating the problems before us, I must suggest hat many of our sister states are facing far graver issues issues of such dimensions that they are reaching the nsoluble. The issues facing us are not insurmountable but they an and will be unless we jointly resolve these differences, I recognize that the legislature has the power to alter ny administration’s direction for state government, I an accept alternate budgets proposed for agencies other .han those I have discussed now. However, I believe that ;he needs of the people who will be served by the public chools, higher education, and the Department of Health nust be our first and foremost consideration. —CECIL D. ANDRUS —
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March 10]
The Speaker thanked Governor Audrus. The committee came forward and escorted the Governor to his office and was, on its return, thanked and dis charged by the Speaker. Moved by Mr. Crapo, seconded by Mr. Williams that the Governor’s message be printed in both House and Senate Journals. The question being, “Shall the motion pass?” Roll call of the House showed all members voting aye, except Representatives Antone, Claiborn, Copple, Ed wards, Larsen, Lincoln, Litton, Looney, Onweiler and Reid, excused, Total—70. Roll call of the Senate showed all members voting aye, except Senators Brassey and Steen, excused. Total—35. The Speaker declared the motion carried and it was so ordered. On motion by Mr. Crapo, seconded by Mr. Williams, the Joint Session was dissolved. The Senate reconvened, pursuant to the Joint Session, President Pro-Tempore Ellsworth presiding. Prior to the Joint Session the Senate was at the Ninth Order of Business. Messages from the House March 9, 1971. Mr. President: I transmit herewith Enrolled II. 118, II. 121, as amended, H. 167, II. 196, H. 231 and H. 185, as amended, which have been signed by the Speaker. FITZWATER, Chief Clerk. The President Pro-Tempore announced he was about to sign Enrolled II. 118, H. 121, as amended, H. 167, H. 196, H. 231 and H. 185, as amended, and, when so signed, ordered them returned to the House. March 9, 1971. Mr. President: I return herewith Enrolled 5. 1032, as amended in the House, and S. 1104, as amended in the House, which have been signed by the Speaker. FITZWATER, Chief Clerk. Enrolled S. 1032, as amended in the House, and S. 1104, as amended in the House, were referred to the Judiciary and Rules Committee for transmittal to the Governor. March 9, 1971. Mr. President: I return herewith S. 1167 which has failed to pass the House. FITZWATER, Chief Clerk. S. 1167 was ordered filed in the office of the Secretary of the Senate. March 9, 1971. Mr. President: I transmit herewith H.C.R. 12, H. 272, H. 275, H. 274 and return herewith 5. 1111, 5. 1139, 5. 1186, 5. 1187, S. 1188, S.J.M. 104, S. 1050 and S. 1175 which have passed the House. FITZWATER, Chief Clerk, N.C.R. 12 was referred to the Tenth Order of Business, Motions and Resolutions. II. 272, H. 275 and II. 274 were filed for first reading. S. 1111, 5. 1139, 5. 1186, 5. 1187, 5. 1188, S.J.M. 104, S. 1050 and S. 1175 were referred to the Judiciary and Rules Committee for enrolling.
[March 10
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March 9, 1971. Mr. President: I return herewith S. 1105, as amended in the House, S. 1078, as amended, as amended in the House, S.. 1183, as amended in the House, and S. 1071, as amended in the House, which have passed the House. FITZWATER, Chief Clerk. S. 1105, as amended in the House, S. 1078, as amended, as amended in the House, S. 1183, as amended in the House, and S. 1071, as amended in the House, were re ferred to the Tenth Order of Business, Motions and Resolutions. Motions and Resolutions Senator Evans, having previously served proper notice, requested unanimous consent that the Senate reconsider the vote by which H. 150 passed in the Senate. There being no objection, the President Pro-Tempore announced that H. 150 was now before the Senate for consideration. On request by Senator Evans, granted by unanimous consent, H. 150 was ordered placed on the Third Reading Calendar for Thursday, March 11, 1971. The following resolution was read at length by the Secretary: H.C.R. 12 By STATE AFFAIRS COMMITTEE A CONCURRENT RESOLUTION Stating legislative observations and findings regarding rehabilitation of persons injured under Workmen’s Com pensation Laws and other rehabilitation programs and extended use of the Second Injury Fund; recognizing the recommendation made by the Advisory Committee to the Legislative Council Committee on Workmen’s Compensa tion; authorizing the Legislative Council to undertake a study of the feasibility of extending Workmen’s Compen sation benefits to include rehabilitation and extended use of the Second Injury Fund; and to prepare legislation implementing its recommendations and present such to the Second Regular Session of the Forty-first Idaho Legislature. Be it Resolved by the Legislature of the State of Idaho: WHEREAS, the Legislature of the state of Idaho recognizes that Idaho’s workmen’s compensation laws do not contain provisions for rehabilitation of injured work ers covered under workmen’s compensation; and WHEREAS, the Legislature of the state of Idaho recog nizes the desirability of rehabilitating a worker thus in jured in order that he may resume his place in society and the labor pool; and WHEREAS, there are existing and forthcoming pro grams which provide for rehabilitation of persons, im plemented by both private and public bodies and funds; and WHEREAS, the advisory committee to the Legislative Council Committee on Workmen’s Compensation recom mended to that committee that an additional study of re habilitation problems and provisions of various related laws be made before adoption of such provisions; and WHEREAS, a proposed revision of the workmen’s compensation laws of the state of Idaho includes wider and far reaching application of the second injury fund, the full economic impact of which can only be estimated at this time; and WHEREAS, the advisory committee to the Legislative Council Committee on Workmen’s Compensation recom mended to that committee that a further study of the proposed use of the second injury fund be made in order to confirm or readjust the changes encompassed in the proposed revision of the workmen’s compensation laws and any changes, if deemed necessary, be drafted for inclu
sion in the proposed revision at the Second Regifla: Session of the Forty-first Idaho Legislature; NOW, THEREFORE, BE IT RESOLVED by the Firs Regular Session of the Forty-first Idaho Legislature, tis House of Representatives, and the Senate concurnn therein, that the Legislative Council of the state of Idah is hereby empowered, authorized and directed to exercis such authority as to it shall appear proper, necessar and desirable to carry out the provisions of this resolu tion, which shall be to conduct a study of the feasibilit of including rehabilitation provisions in the workmen’ compensation laws of the state of Idaho, and, if such a recommended, to prepare legislation for introduction ti the Second Regular Session of the Forty-first Idaho Legis lature and to conduct additional studies relative to th extended application and use of the second injury fun as set forth in the proposed revision of the workmen’: compensation laws of the state of Idaho and if change: therein be deemed necessary, to prepare proper legislatioi for introduction to the Second Regular Session of th Forty-first Idaho Legislature. H.C.R. 12 was ordered held at the desk for two legis lative days. The President Pro-Tempore announced the State Affair: Committee report relative to the Gubernatorial appoint ments was now before the Senate. On motion by Senator Evans, seconded by Senato: Bivens, the Gubernatorial appointment of Mr. John Caylor to a two year term on the Idaho Historical Society, wa: confirmed. On motion by Senator Summers, seconded by Senate: Crutcher, the Gubernatorial appointment of Mrs. Caro Humphries to a six year term on the Idaho Historica Society, was confirmed. The President Pro-Tempore directed the Secretary o the Senate to prepare a list, for his signature, of th Gubernatorial appointment confirmations, attested to b the Secretary, to be transmitted to the Governor informin him of the action of the Senate. The President Pro-Tempore announced S.C.R. 112 wa now before the Senate for consideration. Moved by Senator Bivens, seconded by Senator Murphy that S.C.R. 112 be adopted. The question being, “Shall the resolution be adopted? Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Browr Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ells worth (30), Fredericksen, High, Kidwell, Klein, Millei Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solber Swenson, Williams, Yarbrough. Total—27. Budge, Manley, Manning, Stoicheff, Summers NAYS Total—5. Absent and excused Chase, Evans, Steen. Total—3. Total—35. Whereupon the President Pro-Tempore declared S.C.F 112 adopted. Title was approved and the resolution ordered trans mitted to the House. President Pro-Tempore Ellsworth announced H.C.R. 1 was now before the Senate for consideration. Moved by Senator Williams, seconded by Senator Bivens that H.C.R. 13 be adopted. The question being, “Shall the resolution be adopted? Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Browi AYES Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, EIIE worth (20), Ellsworth (30), Evans, Fredericksen, Higi Kidwell, Klein, Manley, Miller, Mitchell, Mix, Murph3 —
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eavey, Rigby, Sotherg, Stoicheff, Summers, Swenson, Villiams, Yarbrough. Total—32. Manning. Total—i. NAYS Saxvik, Steen. Total—2. Absent and excused Total—35. Whereupon the President Pro-Tempore declared H.C.R. 3 adopted. Title was approved and the resolution ordered returned o the House. President Pro-Tempore Ellsworth announced H.C.R. 14 ins before the Senate for consideration. Moved by Senator Barker, seconded by Senator Murphy, hat H.C.R. 14 be adopted. The question being, “Shall the resolution be adopted?” Roll call resulted as follows: Allen, Barker, Bilyeu, Brown, Budge, Chase, AYES obbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ells iorth (30), Evans, Fredericksen, High, Kidwell, Klein, I anley, Manning, Miller, Mitchell, Mix, Murphy, Rigby, axvik, Solberg, Stoicheff, Summers, Williams. Total—29. None. NAYS Bivens, Brassey, Peavey, Steen, Absent and excused wenson, Yarbrough. Total—6. Total—35. Whereupon the President Pro-Tempore declared H.C.R. 4 was adopted. Title was approved and the resolution ordered returned o the House. On request by Senator Crookham, granted by unanimous onsent, H. 241, as amended in the Senate, was placed at he head of the Tenth Order of Business for consideration ,t this time. Motion to Suspend Rules Ii,. President: I move that all rules of the Senate interfering with the rimediate passage of II. 241, as amended in the Senate, e suspended; that the portions of Section 15 Article 3 f the Constitution of the State of Idaho requiring all ills to be read on three several days be dispensed with, his being a case of urgency, and that H. 241, as amended i the Senate, be read the first time by title, second time y title, and third time at length, section by section, and e put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Mix. The question being, “Shall the rules be suspended?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES udge, Chase, Cobbs, Crookham, Crutcher, Egbert, Bus rorth (20), Ellsworth (30), Evans, Fredericksen, High, idwell, Klein, Manley, Miller, Mitchell, Mix, Murphy, eavey, Rigby, Solberg, Summers, Swenson, Williams, arbrough. Total—31. Manning. Total—i. NAYS Saxvik, Steen, Stoicheff. Total—3. Absent and excused Total—35. More than two-thirds having voted in the affirmative the resident declared the ruies suspended. On motion by Senator Kidwell, seconded by Senator vans, the Senate recessed until 1:30 o’clock p.m. of this ay. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant recess, President Murphy presiding. —
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Roll call showed all members present except Senator Steen, excused. Prior to recess the Senate was at the Tenth Order of Business. Motions and Resolutions On request by Senator Kidwell, granted by unanimous consent, the time certain of 1:30 o’clock p.m., Wednesday, March 10, 1971, for consideration of H. 73, as amended, was set aside and H. 73, as amended, was placed at the head of the Third Reading Calendar for consideration this day. The President announced H. 241, as amended in the Senate, was before the Senate for consideration. H. 241, as amended in the Senate, was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bivens, Brassey, Brown, Budge, Cobbs, Egbert, Ellsworth (20), Ellsworth (30), Frederick sen, High, Kidwell, Klein, Miller, Peavey, Rigby, Sum mers, Swenson, Williams, Yarbrough. Total—21. Bilyeu, Chase, Crookham, Crutcher, Evans, NAYS Manley, Manning, Mitchell, Mix, Murphy, Solberg, Stoi cheff. Total—12. Absent and excused—Saxvik, Steen. Total—2. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. On request by Senator Kidwell, granted by unanimous consent, S.J.R. 108 retained its place on the Tenth Order of Business, Motions and Resolutions. Moved by Senator Crookham, seconded by Senator Murphy, that S.C.R. 111 be adopted. The question being, “Shall the resolution be adopted?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey Brown, Budge, Cobbs, Crookham, Crutcher, Eghert, Ehlsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitcheul, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Stoicheff, Summers, Swen son, Yarbrough. Totnl—32. NAYS—None. Absent and excused—Chase, Steen, Williams. Total—3. Total—35. Whereupon the President declared S.C.R. 111 adopted, title was approved and the resolution ordered transmitted to the House. On motion by Senator Rigby, seconded by Senator Kidwell, the Senate concurred in the House amendments to S. 1071. S. 1071, as amended in the House, was referred to the Judiciary and Rules Committee for engrossing. On motion by Senator Crookham, seconded by Senator Bilyeu, the Senate concurred in the House amendments to S. 1078, as amended. S. 1078, as amended, as amended in the House, was referred to the Judiciary and Rules Committee for en grossing. On motion by Senator Swenson, seconded by Senator Bivens, the Senate concurred in the House amendments to S. 1105. S. 1105, as amended in the House, was referred to the Judiciary and Rules Committee for engrossing. On motion by Senator Barker, seconded by Senator —
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SENATE JOURNAL
rutcher, the Senate concurred in the House amendments S. 1183. S. 1183, as amended in the House, was referred to the udiciary and Rules Committee for engrossing. The President announced the Senate had for considera on the Governor’s veto of S. 1102. The question being, “Shall S. 1102 become 1aw, the overnor’s veto notwithstanding?” Roll call resulted as follows: AYE—Barker. Total—i. NAYS—Bilyen, Bivens, Brassey, Brown, Budge, Cobbs, rutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, redericksen, Kidwell, Klein, Manley, Manning, Miller, [itchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, ummers, Swenson, Williams, Yarbrough. Total—28. Absent and excused—Allen, Chase, Crookham, High, teen, Stoicheff. Total—6. Total—35. Whereupon the President declared the Governor’s veto istained, and ordered the message from the Governor ad S. 1102 filed in the office of the Secretary of the enate. Introduction, First Reading and Reference of Bills H. 170, as amended, as amended in the Senate, by Trans ortation and Defense Committee, was introduced, read ie first time at length and filed for second reading. H. 272, by State Affairs Committee, was introduced, ad the first time at length and referred to the Resourses nd Environment Committee. H. 275, by Ways and Means Committee, was introduced, ad the first time at length and referred to the Trans.. ortation Committee. H. 274, by State Affairs Committee, was introduced, ad the first time at length and referred to the Local overnment and Taxation Committee. Second Reading of Bills H. 254, by Appropriations Committee, was read the cond time at length and filed for third reading. S. 1224, by Finance Committee, was read the second tme at length and filed for third reading. H. 235, by State Affairs Committee, was read the second me at length and filed for third reading. H. 76, by Health and Welfare Committee, was read the cond time at length and filed for third reading. S. 1222 and S. 1223, by Health, Education and Welfare ommittee, were read the second time at length and filed )j third reading. H. 279, by Appropriations Committee, was read the see iid time at length and filed for third reading. S. 1228 and S. 1229, by Finance Committee, were read e second time at length and filed for third reading. S. 1208 and S. 1211 by State Affairs Committee, were ad the second time at length and filed for third reading. H. 190, as amended, by State Affairs Committee, was ?ad the second time at length and filed for third reading. S. 1030, as amended, as amended in the House, by State flairs Committee, was read the second time at length ad filed for third reading. Third Reading of Bills On request by Senator Barker, granted by unanimous nsent, S. 1135 retained its place on the Third Reading alendar for one legislative day. On request by Senator Crutcher, granted by unanimous msent, H. 96, as amended, as amended in the Senate, was
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placed on the Third Reading Calendar for consideration following H. 73, as amended. The President called Senator High to the Chair. H. 73, as amended, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll resulted as follows: AYES Allen, Barker, Bilyeu, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley Man ning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, axvik Solberg, Stoicheff, Summers, Swenson Williams. Tota —30. NAYS Bivens, Ellsworth (20), Yarbrough. Total—3. Absent and excused Brassey, Steen. Total—2. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 96, as amended, as amended in the Senate, was read the third time at length, section by section and placed be fore the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Barker, Bivens, Brassey, Brown, Chase, Crook ham, Crutcher, Fredericksen, High, Kidwell, Mitchell, Mix, Murphy, Peavey, Steen, Stoicheff, Summers, Yarbrough. Total—i8. NAYS Allen, Bilyeu, Budge, Cobbs, Egbert, Ells worth (20), Ellsworth (30), Evans, Manley, Manning Miller, Rigby, Saxvik, Solberg, Swenson, Williams. Total —16. Absent and excused Klein. Total—i. Total—35. Paired and voting included in roll call. AYE: Steen NAY: Miller Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. The President returned to the Chair. On request by Senator Fredericksen, granted by unani mous consent, H. 110 was placed at the head of the Third Reading Calendar for consideration at this time. II. 110 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Bivens, Brassey, Brown, Chase, Crutcher, Eg bert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Mitchell, Mix Murphy, Peavey, Rigby, Saxvik, Stoicheff, Summers. Total —23. NAYS—Allen, Barker, Bilyeu, Budge, Cobbs, Crookham. Miller, Swenson, Williams. Total—9. Absent and excused—Solberg, Steen, Yarbrough. Total —
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Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. On request by Senator Peavey, granted by unanimous consent, S. 1218 was recommitted to the Finance Com mittee.
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On request by President Pro-Tempore Ellsworth, grant ed by unanimous consent, S. 1214, S. 1215, S. 1216 and S. 1217 retained their place on the Third Reading Calendar for one legislative day. Senator Evans requested unanimous consent, that S. 1170 be recommitted to the Health, Education and Wel fare Committee. Senator Barker objected. On request by Senator Evans, granted by unanimous consent, S. 1170 retained its place on the Third Reading Calendar for one legislative day. H. 218, as amended in the Senate, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bivens, Brown, Chase, Ellsworth (20), Evans, Miller, Mitchell, Mix, Rigby, Saxvik, Stol cheff, Swenson. Total—it. NAYS—Bilyeu, Budge, Cobbs, Crutcher, Ellsworth (30), Kidwell, Klein, Manning, Murphy. Total—9. Absent and excused—Brassey, Crookham, Egbert, Fred ericksen, High, Manley, Peavey, Solberg, Steen, Sum mers, Williams, Yarbrough. Total—12. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. Pursuant to Senate Rule 14-E, Senator Kidwell called for H. 256 to be reported forthwith from the Transporta tion Committee. On direction from the President, the Chairman of the Transportation Committee presented H. 256 to the Desk. On request by Senator Kidwell, granted by unanimous consent, H. 256 was placed on the Fourteenth Order of Business, General Calendar, for amendment. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec onded by Senator Crutcher, the Senate adjourned until 10:00 o’clock a.m., Thursday, March 11, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
SIXTIETH LEGISLATIVE DAY THURSDAY, MARCH 11, 1971
Senate Chamber, Boise, Idaho, March 11, 1971. President Murphy called the Senate to order at 10:00 o’clock a.m. Roll call showed all members present. The following prayer was offered by Chaplain Newell Morgan: God of Grace; God of Glory; Father of All Mankind, Thou Who has given frame, substance, reason and order to our world, in these moments of meditation we seek strength from Thee. Sustain us all this day. We ask that amid all the harsh voices of this vast,
March ii
agitated world save us from the tragedy of listening onl to the crashing earthquakes of despair and the whirl winds of disaster, rather allow us to hear Thy voice am the sound of human laughter. In these solemn times of the supreme testing of th American way of life, when the freedoms and truths 0: the American way are sorely tried, when determined foe deny human freedom and human equality, when those win would oppress and defy the very concepts and aspiration of democracy, help all of us to be mature in the libert wherein we have been nurtured. Help us, each, to realize how precious and sacred i the privilege of self-government. May each of us as citi zens of this nation through all our differences have new birth of freedom. May Thy Presence today be “drums and bugles” to on souls. Give success and progress to these who stand befori Thee today. In Jesus’ Name, Amen. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports tha the Senate Journal of the proceedings of Monday, Marc] 8, 1971 and Tuesday, March 9, 1971 were read an approved as corrected. KLEIN, Chairman. Report adopted. Reports of Standing Committees March 10, 1971. The JUDICIARY AND RULES Committee reports tha Enrolled S. 1032, as amended in the House, and S. 1104, a amended in the House, were delivered to the Governor oi March 10, 1971, at the hour of 4:40 o’clock p.m. KLEIN, Chairman. March 11, 1971. The JUDICIARY AND RULES Committee reports tha S. 1237, 5. 1238, S. 1239, S. 1240, S. 1241, S. 1242, S. 1243 S.J.R. 109 and S.J.M. 110 have been correctly printed. KLEIN, Chairman, 1243 1240, 1242 1241, and S. were re S. 1237, S. S. S. ferred to the Finance Committee. S. 1238 was referred to the Local Government and Taxa tion Committee. S.J.R. 109 and S. 1239 were referred to the State Affair Committee. S.J.M. 110 was referred to the Tenth Order of Business Motions and Resolutions, and ordered held at the desk fo two legislative days. March 11, 1971. The JUDICIARY AND RULES Committee reports tha S. 1007, as amended, as amended in the House, 8. 1101 as amended, S. 1119, as amended, and S. 1189, as amended have been correctly engrossed. KLEIN, Chairman. S. 1007, as amended, as amended in the House, S. 1101 as amended, S. 1119, as amended, and S. 1189, as amended were filed for first reading. March 11, 1971. The RESOURCES AND ENVIRONMENT Committe reports out H. 83, H. 107, as amended, II. 180, as amended H. 181, H. 182, S. 1226 and H. 201, as amended, wit] the recommendation that they do pass. WILLIAMS, Chairman,
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H. 83, H. 107, as amended, H. 180, as amended, H. 181, 1. 182 and S. 1226 were filed for second reading. On request by Senator Williams, granted by unanimous onsent, H. 201, as amended, was recommitted to the 3esources and Environment Committee. March 10, 1971. The FINANCE Committee reports out S. 1231, 5. 1232, 1233, S. 1234 and S. 1235 with the recommendation that hey do pass. HIGH, Chairman. March 10, 1971. The JUDICIARY AND RULES Committee reports out 1236, H. 242, H. 244 and H. 265 with the recommenda ion that they do pass. KLEIN, Chairman. March 10, 1971. The RESOURCES AND ENVIRONMENT Committee eports out H. 148 without recommendation. WILLIAMS, Chairman. March 9, 1971. The STATE AFFAIRS Committee reports out H. 202 vith the recommendation that it do pass. SUMMERS, Chairman. S. 1231, S. 1232, S. 1233, S. 1234, 5. 1235, S. 1236, H. 242, 1. 244, H. 265, H. 148 and H. 202 were filed for second eading. March 11, 1971. The JUDICIARY AND RULES Committee reports that 3. 1050, S. 1111, S. 1139, 5. 1175, S. 1186, S. 1187, S. 1188 tnd S.J.M. 104 have been correctly enrolled. KLEIN, Chairman. The President announced he was about to sign Enrolled 1050, S. 1111, S. 1139, S. 1175, S. 1186, 5. 1187, 5. 1188 Lnd S.J.M. 104, and when so signed, ordered them trans nitted to the House for the signature of the Speaker. .
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Messages from the House March 10, 1971. VIr. President: I transmit herewith Enrolled H. 72, H. 193, as amended, El. 217, H. 236, H. 85, H. 89 and H. 197 which have been ;igned by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign Enrolled El. 72, H. 193, as amended, H. 217, H. 236, H. 85, H. 89 nd H. 197, and, when so signed, ordered them returned :o the House. March 10, 1971. Ir. President: I transmit herewith H. 270, H. 271, H. 284, H. 285, El. 286, H. 243, as amended, and H. 290 and return here vith S.J.R. 101 which have passed the House. FITZWATER, Chief Clerk. H. 270, H. 271, H. 284, H. 285, H. 286, H. 243, as amend ?d, and H. 290 were filed for first reading. S.J.R. 101 was referred to the Judiciary and Rules Dommittee for enrolling. Motions and Resolutions On request by Senator Kidwell, granted by unanimous onsent, S.J.R. 108 retained its place on the Tenth Order )f Business for one legislative day.
Introduction, First Reading and Reference of Bills S. 1244 By JUDICIARY AND RULES COMMITTEE AN ACT Amending Section 36-109, Idaho Code, relating to the Fish and Game Fund, by providing that all interest accruing to said Fish and Game Fund moneys invested or deposited by the State Treasurer shall be credited to and become part of said fund; amending Section 36123, Idaho Code, relating to the Fish and Game Fund by providing that interest accruing to the moneys of said fund shall be credited to and become part of said fund; and providing an effective date. S. 1245 By JUDICIARY AND RULES COMMITTEE AN ACT Amending Section 20-101, Idaho Code, relating to the State Penitentiary, by providing that the State Board of Correction may maintain state rehabilitation centers. S. 1244 and S. 1245 were introduced, read the first time at length and referred to the Judiciary and Rules Com mittee for printing. 5. 1007, as amended, as amended in the House, by State Affairs Committee, was read the first time at length and filed for second reading. S. 1101, as amended, by State Affairs Committee, was read the first time at length and filed for second reading. S. 1119, as amended, by Resources and Environment Committee, was read the first time at length and filed for second reading. S. 1189, as amended, by State Affairs Committee, was read the first time at length and filed for second reading. H. 270, H. 271, H. 284, H. 285, H. 286 and II. 243, as amended, by State Affairs Committee, were introduced, read the first time at length and referred to the State Affairs Committee. H. 290, by Ways and Means Committee, was introduced, read the first time at length and referred to the State Affairs Committee. Second Reading of Bills S. 1213, S. 1225, S. 1227 and S. 1230, by Judiciary and Rules Committee, were read the second time at length and filed for third reading. H. 93, as amended, by Health and Welfare Committee, was read the second time at length and filed for third reading. H. 200, by Judiciary, Rules and Administration Com mittee, was read the second time at length and filed for third reading. S. 1219, by State Affairs Committee, was read the second time at length and filed for third reading. 5. 1185, by Agricultural Affairs Committee, was read the second time at length and filed for third reading. H. 170, as amended, as amended in the Senate, by Trans.. portation and Defense Committee, was read the second time at length and filed for third reading. Third Reading of Bills On request by President Pro-Tempore Ellsworth, grant ed by unanimous consent, 5. 1214, S. 1215, 5. 1216, S. 1217, S. 1224, 5. 1228, 5. 1229, H. 254 and H. 279 were placed at the head of the Third Reading Calendar. S. 1214 was read the third time at length, section by sec tion and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: Barker, Bilyeu, Bivens, Cobbs, Crookham, AYES Crutcher, Egbert, Ellsworth (30). Fredericksen, High, —
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Klein, Manley, Manning, Miller, Mitchell, Mix, Peavey, Rigby, Saxvik, Solberg, Steen, Summers, Yarbrough. Total —23. NAYS Allen, Budge, Murphy, Stoicheff. Total—4, Absent and excused Brassey, Brown, Chase, Ells worth (20), Evans, Kidwell, Swenson, Williams. Total—8. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. S. 1215 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Budge, Crook ham, Crutcher, Egbert, Ellsworth (30), Fredericksen, High, Klein, Manley, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Yarbrough. Total —23. NAYS Stoicheff. Total—i. Brassey, Brown, Chase, Cobbs, Absent and excused Ellsworth (20), Evans, Kidwell, Manning, Summers, Swenson, Williams. Total—il. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. S. 1216 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Bilyeu, Bivens, Brown, Budge, Crook ham, Egbert, Ellsworth (30), Fredericksen, High, Kidwell, Klein, Manley, Manning, Mitchell, Mix, Murphy, Rigby, Saxvik, Solberg, Steen, Stoicheff, Swenson, Williams, Yar brough. Total—25. NAYS None. Absent and excused Barker, Brassey, Chase, Cobbs, Crutcher, Ellsworth (20), Evans, Miller, Peavey, Summers. Total—lO. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. S. 1217 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES Allen, Barker, Bivens, Brown, Chase, Cobbs, Crookham, Egbert Ellsworth (20), Ellsworth (30), Fred ericksen, High, Kiein, Manley. Miller, Mix, Peavey, Sax vik, Solberg, Steen, Swenson, Williams, Yarbrough. Total —23. NAYS Bilyeu, Budge, Murphy, Rigby, Stoicheff. Total—5. Absent and excused Brassey, Crutcher, Evans, Kidwell, Manning, Mitchell, Summers. Total—f. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. 5. 1224 was read the third time at length, section by section and placed before the Senate for final considera —
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March 11
tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brown, Budg Cobbs, Crutcher, Egbert, Ellsworth (30), Evans, Frederick sen, High. Klein, Manley, Miller, Mitchell, Murphy, Peave3 Rigby, Steen, Stoicheff, Summers, Swenson, Williams, Yar brough. Total—26. NAYS None. Absent and excused Brassey, Chase, Crookham, Ells worth (20), Kidwell, Manning, Mix, Saxvik, Solberg. Tots —9. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted t the House. The President called President Pro-Tempore Ellswort] to the Chair. S. 1228 was read the third time at length, section b section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES—Allen, Bilyeu, Bivens, Brown, Cobbs, Crutchei Ellsworth (20), Ellsworth (30), Fredericksen, High, Kleir Manley, Manning, Miller, Mitchell, Murphy, Peavey, Rigby Solberg, Steen, Stoicheff, Summers, Swenson, Yarbrougl] Total—24. NAYS—Budge. Total—i. Absent and excused—Barker, Brassey, Chase, Crook ham, Eghert, Evans, Kidwell, Mix, Saxvik, Williame Total—lO. Total—35. Whereupon the President Pro-Tempore declared th bill passed. Title was approved and the bill ordered transmittei to the House. S. 1229 was read the third time at length, section b: section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge Chase, Cobbs, Crookham, Crutcher, Egbert, Ellswort] (20), Ellsworth (30), Evans, Fredericksen, High, Kidwel] Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Brassey. Total—i. Total—35. Whereupon the President Pro-Tempore declared the bil passed. Title was approved and the bill ordered transmitte to the House. H. 254 was read the third time at length, section b] section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge Chase, Cobbs, Crookham, Crutcher, Eghert, Ellswortl (20), Ellsworth (30), Evans, Fredericksen, High, Kidwel] Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams, Yarbrough. Total—34. NAYS—None, Absent and excused—Brassey. Total—i.
tMarch 11
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SENATE JOURNAL
Total—35. Whereupon the President Pro-Tempore declared the bill passed. Title was approved and the bill ordered returned to the House. H. 279 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Eghert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Brassey. Total—i. Total—35. Whereupon the President Pro-Tempore declared the bill passed. Title was approved and the bill ordered returned to the House. On motion by Senator Kidwell, seconded by Senator Miller, the Senate recessed until 1:30 o’clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present, except Senator Crookham, excused. Prior to recess the Senate was at the Thirteenth Order of Business. Third Reading of Bills Senator Stoicheff requested unanimous consent that S. 1170 be placed on the Fourteenth Order of Business, General Calendar, for amendment. Senator Barker objected. Moved by Senator Mix, seconded by Senator Mitchell, that S. 1170 be placed on the Fourteenth Order of Busi ness, General Calendar, for amendment. Call of the Senate was requested by President Pro Tempore Ellsworth, Senators Barker and Peavey. Whereupon the President ordered the doorkeepers to lock the doors permitting no Senator or the President to leave or enter the Senate Chamber. The Sergeant-at-Arms was instructed to find and present any absent members to the Senate. Roll call showed Senators Brassey, Brown, Budge, Crookham, Summers and Yarbrough, absent. The Sergeant-at-Arms reported that all members were now present in the Senate Chamber except Senator Crookham, excused. On request by President Pro-Tempore Ellsworth, grant ed by unanimous consent, the Call of the Senate was lifted. The question being, “Shall S. 1170 be placed on the Fourteenth Order of Business, General Calendar, for amendment?” Division of the Senate was requested by President Pro Tempore Ellsworth and Senators Bivens and Yarbrough. Roll call vote was requested by Senators Murphy, Chase and Crutcher. The question being, “Shall the motion pass?”
Roll call resulted as follows: AYES—Bilyeu, Budge, Chase, Cobbs, Crutcher Evan Kidwell, Manley, Manning, Miller, Mitchell, Mix, urph Saxvik, Solberg, Stoicheff, Summers. Total—if. NAYS—Allen, Barker, Bivens, Brassey, Brown, Egber Ellsworth (20), Ellsworth (30), Fredericksen, High, Kleii Peavey, Rigby, Steen, Swenson, Williams, Yarbrougl Total—if. Absent and excused—Crookham. Total—i. Total—35. A tie vote having resulted from the roll call, the Pres: dent voted NAY and declared the motion lost. S. 1170 was read the third time at length, section ID section and placed before the Senate for final consider tion, the question being, “Shall the bill pass ?“ Roll call resulted as follows: Allen, Barker, Bivens, Egbert Ellsworth (20 AYES Ellsworth (30), Fredericksen, High, klein Mitchel Peavey, Rigby, Steen, Stoicheff, Swenson, Williams, Ya: brough. Total—li. Bilyeu, Brassey, Brown, Budge, Chase, Cobb NAYS Crutcher, Evans, Kidwell, Manley, Manning, Miller, Mt Murphy, Saxvik, Solberg, Summers. Total—if. Crookham. Total—i. Absent and excused Total—35. A tie vote having resulted from the roll call, the Pres dent voted AYE and declared the bill passed. Title was approved and the bill ordered transmitted I the House. On request by Senator Barker granted by unanimot consent, S. 1135 was recommitted to the Health, Educ tion and Welfare Committee. On request by Senator Bivens, granted by unanimot consent, H. 198 was before the Senate for consideratic at this time. The President called Senator Mix to the Chair. Moved by Senator High, seconded by Senator Manni that H. 198 be placed on the Fourteenth Order of Busines General Calendar, for amendment. Roll call vote was requested by Senators Manning, Mi chell and Summers. The question being, “Shall H. 198 be placed on the Fou: teenth Order of Business, for amendment?” Roll call resulted as follows: Bilyeu, Brassey, Brown, Cobbs, Crutcher E AYES bert, Evans, High, Kidwell, Klein, Manley, Manning, I4ille Mitchell, Mix, Peavey, Saxvik, Solberg, Stoicheff, Sun mers, Yarbrough. Total—2i. NAYS Allen, Barker, Bivens, Budge, Chase, EU worth (20), Ellsworth (30), Fredericksen, Murphy, Rigb: Steen, Swenson, Williams. Total—13. Crookham. Total—i. Absent and excused Total—35. Whereupon the Acting President declared the motic passed, and ordered H. 198 placed on the Fourteenth Ord of Business, General Calendar, for amendment. S. 1222 was read the third time at length, section 1 section and placed before the Senate for final considen tion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Cobbs, Mitchell, Mi AYES Saxvik, Stoicheff. Total—S. Bivens, Brown, Budge, Crutcher, Egbez NAYS Ellsworth (20), Ellsworth (30), Evans, Kidwell, Klei —
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SENATE JOURNAL
liller, Murphy, Rigby, Steen, Summers, Swenson. Total— 6. Brassey, Chase, Crookham, Fred Absent and excused ricksen, High, Manley, Manning, Peavey, Solberg, Wil iams, Yarbrough. Total—il. Total—35. Whereupon the Acting President declared the bill lost nd ordered it filed in the office of the Secretary of the enate. S. 1223 was read the third time at length, section by ection and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” —
Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brown Budge, AYES hase, Cobbs, Crutcher, Ellsworth (30), Kidwelf, Klein, lanning, Miller, Mitchell, Mix, Murphy, Rigby, Saxvik, toicheff, Summers, Swenson. Total—22. —
NAYS None. Brassey. Crookham, Egbert, Absent and excused lllsworth (20), Evans, Fredericksen, High, Manley, eavey, Solberg, Steen, Williams, Yarbrough, Total—13, Total—35. Whereupon the Acting President declared the bill assed. Title was approved and the bill ordered transmitted to he House. Senator Crutcher. having voted on the prevailing side by 7hich S. 1222 lost in the Senate, served notice that he may ii this or the next legislative day move for reconsidera ion of the vote. The Acting President ordered S. 1222 held at the desk. 5. 1208 was read the third time at length, section by ection and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES Allen, Bilyeu, Bivens, Budge, Crutcher, Ells rorth (20), Ellsworth (30), Evans, Kidwell, Klein, Man ing, Miller, Mix, Murphy, Rigby, Steen, Stoicheff, Sum wrs. Total—18. —
NAYS Brown, Chase, Saxvik. Total—3, Absent and excused Barker, Brassey, Cobbs, Crook am, Egbert, Fredericksen, High, Manley, Mitchell, eavey, Solberg, Swenson, Williams, Yarbrough. Total —14. Total—35. Whereupon the Acting President declared the bill assed. Title was approved and the bill ordered transmitted to lie House. The President returned to the Chair. On request by Senator Bivens, granted by unanimous msent, S. 1211 retained its place on the Third Reading alendar for one legislative day. —
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There being no objection, S. 1030, as amended, as mended in the House, H. 150, H. 235, H. 76 and H. 190, s amended, retained their place on the Third Reading alendar for one legislative day. There being no objection the Senate retuimed to the ixth Order of Business. Reports of Standing Committees March ii, 1971. The JUDICIARY AND RULES Committee reports that 1071, as amended in the House, 5, 1078, as amended,
March 11]
as amended in the House, S. 1177, as amended, and S. 1183, as amended in the House, have been correctly engrossed. KLEIN, Chairman. 5, 1071, as amended in the House, S. 1078, as amended, as amended in the House, S. 1177, as amended, and S. 1183, as amended in the House, were filed for first reading. March 11, 1971, The HEALTH, EDUCATION AND WELFARE Com mittee reports out H. 251 with the recommendation that it do pass. BARKER, Chairman. March 11, 1971. The FINANCE Committee reports out S. 1237, S. 1240, S. 1241, S. 1242 and S. 1243 with the recommendation that they do pass. HIGH Chairman. II. 251, 5. 1237, 5. 1240, S. 1241, S. 1242 and 5. 1243 were filed for second reading. Senator Brown requested unanimous consent, that H. 219 be placed on the Twelfth Order of Business, Second Reading Calendar. Senator Manning objected. Senator Brown moved H. 219 be placed on the Second Reading Calendar. Seconded by Senator Chase. Senator Summers requested the Committee report rela tive to H. 219 be read. March 11, 1971. The COMMERCE AND BANKING Committee reports out H. 219 with the recommendation that it be referred to the Fourteenth Order of Business, General Calendar, for amendment. BRASSEY, Chairman. Call of the Senate was requested by Senators Bivens, Brown and Kidwell. Whereupon the President ordered the doorkeepers to lock the doors permitting no Senators or the President to leave or enter the Senate Chambers except the Ser geant-at-Arms with the absent members. Roll call showed Senators Crookham, Egbert, High, Manley, Peavey and Williams absent. The Sergeant-at-Arms reported to the President that the absent members were now present in the Senate Chamber, except Senator Crookham, excused. On request by Senator Bivens, the Call of the Senate was lifted. The President announced that H. 219 was at the Desk and the motion before the Senate was, “Shall the Senate refer II. 219 to the Second Reading Calendar?” Roll call vote was requested by Senators Manning, Fredericksen and Crutcher. The question being, “Shall H. 219 be referred to the Twelfth Order of Business, Second Reading Calendar?” Roll call resulted as follows: AYES—Allen, Barker, Brown, Chase, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Fredericksen, High, Klein, Peavey, Rigby, Saxvik, Steen, Williams, Yarbrough. Total —17. NAYS—Bilyeu, Bivens, Brassey, Budge, Cobbs, Evans, Kidwell, Manley, Manning, Miller, Mitchell, Mix, Murphy, Solberg, Stoicheff, Summers, Swenson. Total—if, Absent and excused—Crookham. Total—i.
[March 11
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Total—35. A tie vote having resulted from the roll call, the Presi dent voted NAY and declared the motion lost. II. 219 was placed on the General Calendar for amend nient. March 11, 1971. The COMMERCE AND BANKING Committee reports out S. 1172, II. 264, H. 258, H. 259 and H. 26 with the recommendation that they do pass. BRASSEY, Chairman. March 11, 1971. The TRANSPORTATION Committee reports out H. 252, H. 260 and H. 275 with the recommendation that they do pass. BUDGE, Chairman. S. 1172, H. 264, H. 258, H. 259, H. 26, H. 252, II. 260 and H. 275 were filed for second reading. March 11, 1971. The RESOURCES AND ENVIRONMENT Committee reports out II. 201 with the recommendation that it do pass. WILLIAMS, Chairman. H. 201 was filed for second reading. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. Introduction, First Reading and Reference of Bills S. 1071, as amended in the House, by Resources and Environment Committee, was read the first time at length and filed for second reading. S. 1078, as amended, as amended in the House, by Crookham and Bilyeu, was read the first time at length and filed for second reading. S. 1177, as amended, by Agricultural Affairs Committee, was read the first time at length and filed for second reading. S. 1183, as amended, as amended in the House, by Judiciary and Rules Committee, was read the first time at length and filed for second reading. On request by Senator Bivens, granted by unanimous consent, the Senate advanced to the Fourteenth Order of Business. General Calendar The President declared the Senate recessed and called Senator Murphy to the Chair to preside during the sitting of the Committee of the Whole. Following the adjournment of the Committee of the Whole, President Murphy called the Senate to order. Report of the Committee of the Whole Senator Murphy, Chairman of the Committee of the Whole, reported out H. 198, H. 149, as amended, and H. 256 without recommendation, amended as follows: SENATE AMENDMENTS TO II. 198 AMENDMENT TO SECTION 3 On page 3 of the printed bill, in line 30, after the word “contractors” and before the “.“, insert the following: “and shall mean every governmental agency owning or controlling the use of any surface mine when the mineral extracted is to be used by or for the benefit of such agency but shall not include any such governmental agency with respect to those surface mining or exploration operations as to which it grants mineral leases or pros pecting permits or similar contracts”. AMENDMENT TO SECTION 6 On page 5 of the printed bill, after line 23, insert the following:
2
“(b) No operator shall commence surface mining open tions on any mine panel without first having a reclam tion plan approved by the state board of land commi sioners.”. AMENDMENT TO SECTION 13 On page 12 of the printed bill, in line 6, after the woi and character “act,” at the beginning of the line insert tI words “or an operator who”. AMENDMENT TO SECTION 19 On page 13 of the printed bill, in line 34, following ti word “any” delete the words “exploration or”. SENATE AMENDMENTS TO H. 149, AS AMENDED AMENDMENT TO SECTION 2 On page 2 of the engrossed bill, in line 27, following ti word “animals” and before the “.“, insert the followini “, except that holders of valid resident hunting or res dent combination licenses shall be exempt from the r’ quirement for the mountain lion tag”. AMENDMENT TO SECTION 7 On page 5 of the engrossed bill, in line 40, delete ti word and numeral “January 1” and insert in lieu therec the word and numeral “April 1”. CORRECTION TO TITLE On page 1 of the engrossed bill, in line 6, following ti word “TAG” and before the word “AND”, insert ti following: “FOR NONRESIDENT HUNTERS”. SENATE AMENDMENTS TO H. 256 AMENDMENTS TO SECTION 3 On page 2 of the printed bill, delete lines 14 through 3 On page 3 of the printed bill, delete lines 1 through 40 On page 4 of the printed bill, delete lines 1 through 21 AMENDMENT TO SECTION 4 On page 4 of the printed bill, delete lines 22 through 3 AMENDMENTS TO SECTION 5 On page 4 of the printed bill, in line 36, following tf word “SECTION”, delete the number “5” and insert lieu thereof the number “3”. On page 4 of the printed bill, in line 40, following ti word “to” delete the words, characters and figures “on eighth (1/8)” and insert in lieu thereof the followini “one-seventh (1/7)”. On page 5 of the printed bill, in line 8, following ti word “state”, insert the following: “, which constrw and maintain roads and streets,”. On page 5 of the printed bill, in line 15, following t} word “to” delete the words, characters and figures “on eighth (1/8)” and insert in lieu thereof the followini “one-seventh (1/7)”. AMENDMENTS TO SECTION 6 On page 5 of the printed bill, in line 17, following ti word “SECTION”, delete the number “6” and insert lieu thereof the number “4”. On page 5 of the printed bill, in line 21, following ti word “to” delete the words, characters and figures “on eighth (1/8)” and insert in lieu thereof the followinl “one-seventh (1/7)”. On page 5 of the printed bill, in line 28, following ti word “state”, insert the following: “, which construct ax maintain roads and streets,”. On page 5 of the printed bill, in line 35, following U word “to” delete the words, characters and figures “on eighth (1/8)” and insert in lieu thereof the followin “one-seventh (1/7)”. AMENDMENT TO SECTION 7 On page 5 of the printed bill in line 37, following ti word “SECTION”, delete the number “7” and insert ti number “5”.
SENATE JOURNAL AMENDMENT TO SECTION 8 On page 6 of the printed bill, in line 5, following the vord “SECTION”, delete the number “8” and insert in ieu thereof the number “6”. CORRECTIONS TO TITLE On page 1 of the printed bill, in line 14, delete the Lumber and letter “49-127a”, and insert in lieu thereof the tumber and letter “49-127A”. On page 1 of the printed bill, delete all of lines 19, 20, nd 21, and in line 22, delete the words and character EIGHT CENTS;”. On page 1 of the printed bill, in line 26. following the words “AMOUNT OF”, delete the word “ONE-EIGHTH”, nd insert in lieu thereof the word “ONE-SEVENTH”. On page 1 of the printed bill, in line 31, delete the ,ords “EXCLUSION OF”, and delete all of line 32, and a line 33, delete the words “HIGHWAY FUND”, and nsert in lieu thereof the following: “AN EXCEPTION TO ‘HE DISPOSITION OF FUNDS”. The Committee has H. 159, S. 1173, S. 1132 and S. 1113 rider consideration, report progress and beg leave to sit gain. MURPHY, Chairman. by Senator Murphy, seconded On motion by Senator ivens, the report was adopted. Senate amendments to H. 198, H. 149, as amended, and 1. 256 were referred to the Judiciary and Rules Commit ee for printing. H. 198, as amended in the Senate, II. 149, as amended, as mended in the Senate, and H. 256, as amended in the enate, were filed for first reading. On request by President Pro-Tempore Ellsworth, grant d by unanimous consent, the Senate advanced to the rifteenth Order of Business. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec nded by Senator Mix, the Senate adjourned until 10:00 ‘clock a.m., Friday, March 12, 1971. JACK MURPHY, President. ttest: ARTHUR WILSON, Secretary.
SIXTY-FIRST LEGISLATIVE DAY FRIDAY, MARCH 12, 1971 Senate Chamber, Boise, Idaho, March 12, 1971. President Murphy called the Senate to order at 10:00 ‘clock a.m. Roll call showed all members present. The following prayer was offered by Chaplain Newell I organ: As the session begins today, Our Lord, we seek again hy Presence. We pray not only for ourselves but for the rany about us, across our State and Nation with their Leeds. We pray for those who must learn to live as brothers; or those who need healing; for the perplexed. Help the mely to be befriended. Give new faith and courage to hose whose spirits are low. Do lift our hearts, cause us to ponder better days of eace, equality and freedom for all mankind. Help each of a to do better and to be better.
March 12]
Bless with Thy Presence for wisdom and guidance each Senator and the President of the Senate as they struggle with their many problems. Give them great achievement and success this day as they work in the processes of our democratic self-government. In Our Lord’s Name, Amen. Reports of Standing Committees March 12, 1971. The JUDICIARY AND RULES Committee reports that S. 1244 and 5. 1245 have been correctly printed. KLEIN, Chairman. Environment S. 1244 was referred to the Resources and Committee. S. 1245 was referred to the Judiciary and Rules Com mittee. March 12, 1971. The JUDICIARY AND RULES Committee reports that S. 1105, as amended in the House, and S. 1176, as amended, have been correctly engrossed. KLEIN, Chairman. S. 1105, as amended in the House, and S. 1176, as amended, were filed for first reading. March 12, 1971. The JUDICIARY AND RULES Committee reports that S.J.R. 101 has been correctly enrolled. KLEIN, Chairman. The President announced he was about to sign Enrolled S.J.R. 101, and, when so signed, ordered it transmitted to the House for the signature of the Speaker. March 12, 1971. The COMMERCE AND BANKING Committee reports out H. 179 with the recommendation that it do pass. BRASSEY, Chairman. March 12, 1971. The STATE AFFAIRS Committee reports out S. 1239, H. 270, II. 271, II. 284, H: 285, II. 286 and H. 290 with the recommendation that they do pass. SUMMERS, Chairman. March 12, 1971. The LOCAL GOVERNMENT AND TAXATION Com mittee reports out 5. 1203 without recommendation. BROWN, Chairman. March 12, 1971. The LOCAL GOVERNMENT AND TAXATION Com mittee reports out II. 216 and 5. 1238 with the recom mendation that they do pass. BROWN, Chairman. II. 179, S. 1239, H. 270, II. 271. H. 284 II. 285, II. 286, H. 290, S. 1203, H. 216 and S. 1238 were filed for second reading. Reports of Special Committees STATE OF IDAHO Office of the Lieutenant Governor BOISE Marëh 11, 1971 Honorable James Ellsworth President Pro-Tempore Senate Chambers Building
[March 12
SENATE JOURNAL
Dear Mr. President Pro-Tempore: I have the honor to inform you that the Fire Negotiat ing Team, consisting of the Lt. Governor, Mr. Speaker Lanting and Senator Ray Rigby have completed their task as assigned by the Legislature. Since the report of February 3, 1970, the negotiating team has concluded the outstanding claims of the federal government which were still pending at that time. They are as follows: Huston Ranch claim, $500,000; Charter Mountain claim, $275,000; Trapper Peak claim, $900,000. The report of February 3, 1970 treats the Sundance fire, China Creek fire as complete. It should be remembered that the Charter Mountain claim was nearly concluded at the time of our last report. It is now concluded in line with our previous report for a settlement of a $275,000 billing, for $48,500. The Huston Ranch fire created considerable problems for the negotiating team. There was a complete collision of fact between the parties involved as to what actually happened at the time of this fire in 1966. The negotiating team, being a non-judicial body, need not, and did not, attempt to make any final determination of these differ ing facts. We did, however, conclude between ourselves as to what the specific problems seem to be. The negotiat ing team offered and did settle this outstanding claim for $150,000, as compared to $500,000 billed. It was necessary that this compromise be processed through the Bureau of Land Management, General Ac counting Office and finally with the Justice Department. It should be noted at this point that the statute of limitations had set in and that the Southern Idaho Tim ber Protective Association was in no position to make the assessments for and collect from their membership their share of this billing. The negotiating team insisted, however, that this organization pay on a voluntary basis a sum of $50,000. This they have agreed to do. This situation was the same on the Charter Mountain fire and the Association will try to collect, and are collect ing, from their membership their share of the settlement of $48,500 paid out by the State of Idaho. A return to the State of Idaho should be made in the amount of approximately $75,000. We have received, this week, from the Association an initial payment of $55,000, the same having been placed back into the negotiating team’s fund. The Trapper Peak fire settlement was perhaps one of the most difficult tasks the negotiating team had to under take. Of the original bill of something less than one million dollars, a settlement was finally completed for the sum of approximately $379,500. The team found a complete conflict of fact as to the position taken by the USFS and the Association involved. Again, the negotiat ing team could not and did not make an official findings relative to this collision of fact. We did have our own opinions. This settlement was concluded on a rather complicated formula based on the actual fire lines con trolled by the Forest Service and by the Association of which the state is a member. The negotiating team will be more than willing to explain the details to any mem ber of the Legislature each and every phase of this formula at any time. the $379,500 expended on this fire, $28,500 will be returned by the Association to the State and placed in the negotiating team’s fire fund. A state warrant was issued this date to the U.S. Forest Service for Trapper Peak fire in the sum of $379,409.02 in final payment. It should he remembered that the legislature appropri ated originally, $250,000 and then expanded that ap propriation for another $300,000 for a total of $550,000 to the negotiating team’s account. A more exact summary of the team’s account is as follows: 1966 Charters Mountain (USFS) State $25,872.86 SITPA 22,705.54
of
.
.
$48,578.40
Huston Ranch
—
BLM
1967 Trapper Peak (USFS)
State SITPA
$100,000 50,000
State PLTPA
$150,000 $350,787 28,621
......,
$379,409 Summary of amount paid out by the State of Ith $ 25,872.86 100,000.00 350,787.66 $476,660.52 The surplus amount of $73,339.34 reverting to I general fund. The total expense incurred by the negotiating team: Mr. Speaker Lanting and Senator Ray Rigby is the si of $1,586.53 including all food, lodging and travel. ‘1 Lt. Governor, from the Lt. Governor’s budget, expenc approximately $8,000. The total cost to the state for I negotiating effort is approximately $10,000. As has been said before, approximately five mill: dollars was at stake in all charges and Office of Em gency Preparedness Funds. This was settled by I expenditure of state funds in the amount of $476,660. As has been said heretofore, the excellence of I Speaker and Senator Righy, together with Commissioi Gordon Trombley in the conclusion of this rather diffic matter cannot be stated, or restated, too often. This report is intended as a final report of the ne tiating team efforts as directed by appropriate resolut of the Legislature. There will be the minor collect items. The only remaining items are the additional coil tion for the Associations involved. This matter will pursued with all funds placed in the negotiating teai account, identified by the State Auditor’s office, the sa finally reverting to the general fund. It was a privilege to have had the opportunity to se: on this committee. Respectfully submitted. Very truly yours, Is! JACK M. MURPHY Lieutenant Governor The report was ordered spread upon the pages of Senate Journal, and the original filed in the office of Secretary of the Senate. Messages from the Governor STATE OF IDAHO Office of the Governor BOISE March 11, 1971 The Honorable Jack Murphy President of the Senate Senate Chambers Building Dear Mr. President: I have the honor to inform you that I have this approved and am transmitting to the Secretary of St the following Senate Bills, to-wit: SENATE BILL 1114 SENATE BILL 1143 SENATE BILL 1125 SENATE BILL 1116 SENATE BILL 1115 Sincerely, Is! CECIL D. ANDRUS Governor The message from the Governor was ordered filed the office of the Secretary of the Senate.
March 12)
SENATE JOURNAL Messages from the House March 11, 1971. r. President: I transmit herewith H. 249, as amended, and H. 34 which ye passed the House. FITZWATER, Chief Clerk. H. 249, as amended, and H. 34 were filed for first readMarch 12, 1971. President: I transmit herewith Enrolled H. 279 and H. 254 which ye been signed by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign Enrolled 279 and H. 254, and, when so signed, ordered them burned to the House. March 11, 1971, r. President: I transmit herewith Enrolled H. 54, as amended, as iended in the Senate, and return herewith Enrolled 1050, S. 1111, 5. 1139, S. 1186, S. 1187, S. 1188, S. 1175 d S.J.M. 104 which have been signed by the Speaker. FITZWATER, Chief Clerk, to sign Enrolled about he was President announced The 54, as amended, as amended in the Senate, and, when signed, ordered it returned to the House. Enrolled S. 1050, S. 1111, S. 1139, S. 1186, S. 1187, 5. 1188 d 5. 1175 were referred to the Judiciary and Rules Corn ttee for transmittal to the Governor. Enrolled S.J.M. 104 was referred to the Judiciary and iles Committee for transmittal to the Secretary of State. L’.
March 11, 1971. r. President: I transmit herewith Enrolled H. 73, as amended, H. 110, 199, H. 36, as amended, H.J.M. 7, H.C.R. 10, H.C.R. and H.C,R, 18 which have been signed by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign Enrolled 73, as amended, H. 110, H. 199, H. 36, as amended, J.M. 7, H.C.R. 10, H.C.R. 14 and H.C,R. 18, and, when signed, ordered them returned to the House. Motions and Resolutions Senator Crutcher, having previously served proper tice, moved that the vote by which 5. 1222 failed to pass the Senate, be now reconsidered. Seconded by Senator Barker. The question being, “Shall the motion pass?” The President declared the motion passed and 5. 1222 s before the Senate for consideration. On request by Senator Crutcher, granted by unanimous asent, S. 1222 was placed on the Fourteenth Order of [siness, General Calendar for amendment. On request by Senator Kidwell, granted by unanimous osent, S.J.R. 108 retained its place on the Tenth Order Business, Motions and Resolutions, for one legislative The President announced S.C.R. 114 was before the nate for consideration. Moved by Senator Stoicheff, seconded by Senator Crut er, that S.C.R. 114 be adopted, The question being, “Shall the resolution be adopted?” Roll call resulted as follows:
AYES Allen, Bilyeu, Bivens, Brassey, Budge, Chase, Cobbs, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Rigby, Saxvik, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—28. NAYS Barker, Crookham, Solberg. Total—3. Brown, Fredericksen, High, Absent and excused Peavey. Total—4. Total—35. Whereupon the President declared S.C.R. 114 adopted, title was approved and the resolution ordered transmitted to the House. On request by Senator Kidwell, granted by unanimous consent, H.C.R. 12 retained its place on the Tenth Order of Business, Motions and Resolutions, for one legislative day, Introduction, First Reading and Reference of Bills Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of II. 256, as amended in the Senate, be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that H. 256, as amended in the Senate, be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Bivens. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Cobbs, Crookham, Ellsworth (20), Ellsworth (30), High, Kidwell, Klein, Manning, Peavey, Steen, Summers, Swenson, Yarbrough. Total—20. NAYS Chase, Crutcher, Egbert, Evans, Fredericksen, Manley, Miller, Mitchell, Mix, Murphy, Rigby, Saxvik, Solberg, Stoicheff. Total—14. Absent and excused Williams. Total—i, Total—35. Less than two-thirds having voted in the affirmative the President declared the motion lost. —
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S. 1246 By STATE AFFAIRS COMMITTEE AN ACT Declaring the policies of the state of Idaho with reference to overtime work, holidays and vacation leave; defining terms; authorizing the appointing authority of any department to determine the necessity for overtime work; providing for cash compensation or compensatory time for overtime work and for performing services in state employment on holidays; authorizing appointive authorities and the Idaho Personnel Commission to desig nate certain positions and classes of positions for purposes of determining eligibility for cash compensation or com pensatory time for overtime work; establishing an accrual rate for vacation leave for classified state em ployees; establishing method of compensation for unused vacation leave or compensatory time upon separation from state service; repealing Sections 67-5317 through 67-5325, Idaho Code. 5. 1246 was introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. H. 149, as amended, as amended in the Senate, and H. 198 as amended in the Senate, by Resources and Con-
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servation Committee, were read the first time at length and filed for second reading. H. 256, as amended in the Senate, by Revenue and Taxation Committee, was read the first time at length and filed for second reading. S. 1105, as amended in the House, and S. 1176, as amend ed, by Agricultural Affairs Committee, were read the first time at length and filed for second reading. H. 249, as amended, by Revenue and Taxation Commit tee, was introduced, read the first time at length and referred to the Health, Education and Welfare Committee. H. 34, by Revenue and Taxation Committee, was intro duced, read the first time at length and referred to the Local Government and Taxation Committee. Second Reading of Bills On request by Senator High, granted by unanimous consent, S. 1241 was recommitted to the Finance Com mittee. H. 83, by Resources and Conservation Committee, was read the second time at length and filed for third reading. H. 107, as amended, by Agricultural Affairs Committee, was read the second time at length and filed for third reading. H. 180, as amended, H. 181 and H. 182, by Resources and Conservation Committee, were read the second time at length and filed for third reading. S. 1226, by Judiciary and Rules Committee, was read the second time at length and filed for third reading. S. 1231, S. 1232, S. 1233, S. 1234 and S. 1235, by Finance Committee, were read the second time at length and filed for third reading. 5. 1236, by Judiciary and Rules Committee, was read the second time at length and filed for third reading. H. 242, by Ways and Means Committee, was read the second time at length and filed for third reading. H. 244, by Revenue and Taxation Committee, was read the second time at length and filed for third reading. H. 265, H. 148 and H. 202, by Ways and Means Com mittee, were read the second time at length and filed for third reading. S. 1007, as amended, as amended in the House, and S. 1101, as amended, by State Affairs Committee, were read the second time at length and filed for third reading. S. 1119, as amended, by Resources and Environment Committee, was read the second time at length and filed for third reading. S. 1189, as amended, by State Affairs Committee, was read the second time at length and filed for third reading. H. 251, by Ways and Means Committee, was read the second time at length and filed for third reading. S. 1237, S. 1240, S. 1242 and S. 1243, by Finance Com mittee, were read the second time at length and filed for third reading. S. 1172, by Commerce and Banking Committee, was read the second time at length and filed for third reading. H. 264, H. 258 and H. 259, by Ways and Means Com mittee, were read the second time at length and filed for third reading. H. 26, as amended, by Business Committee, was read the second time at length and filed for third reading. H. 252, H. 260 and H. 275, by Ways and Means Com mittee, were read the second time at length and filed for third reading. H. 201, as amended, by Resources and Conservation
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Committee, was read the second time at length and flu for third reading. S. 1071, as amended in the House, by Resources a Environment Committee, was read the second time length and filed for third reading. S. 1078, as amended, as amended in the House, Crookham and Bilyeu, was read the second time at leng and filed for third reading. S. 1177, as amended, by Agricultural Affairs Comm tee, was read the second time at length and filed for thi reading. S. 1183, as amended in the House, by Judiciary a Rules Committee, was read the second time at length a filed for third reading. Third Reading of Bills S. 1211 was read the third time at length, section section and placed before the Senate for final considei tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Budge, Chase, Cobi Crookham, Crutcher, Egbert, Ellsworth (20), Ellswor (30), Evans, Fredericksen, Klein, Manley, Manning, Mill Mitchell, Mix, Murphy, Saxvik, Solberg, Steen, StoichE Summers, Swenson, Yarbrough. Total—27. NAYS—None. Absent and excused—Allen, Brassey, Brown, High, K well, Peavey, Rigby, Williams. Total—8. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitt to the House. On request by Senator Barker, granted by unanimo consent, S. 1225 was placed at the foot of the Thi Reading Calendar. On request by Senator Allen, granted by unanimo consent, S. 1219 was recommitted to the Agricultui Affairs Committee. On request by Senator Summers, granted by unanimo consent, H. 150 was placed at the head of the Th Reading Calendar. The President called Senator Barker to the Chair. H. 150 was read the third time at length, section section and placed before the Senate for final considei tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Chase, Cobbs, Crookha Crutcher, Ellsworth (20), Ellsworth (30), Evans, Fr ericksen, Kidwell, Klein, Manley, Manning, Miller, M Murphy, Rigby, Saxvik, Solberg, Steen, Stoicheff, Sw son. Total—24. Bivens, Brown, Mitchell, Peavey, Summe NAYS Williams, Yarbrough. Total—7. Absent and excused—Brassey, Budge, Egbert, Hi Total—4. Total—35. Whereupon the Acting President declared the I passed. Title was approved and the bill ordered returned the House. S. 1030, as amended, as amended in the House, read the third time at length, section by section a placed before the Senate for final consideration, the qu tion being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Budge, Cha —
SENATE JOURNAL bbs, Crookham, Crutcher, Egbert, Ellsworth (20) Ells rth (30), Klein, Manley, Manning, Miller, Mitchell Mix, irphy, Peavey, Rigby, Saxvik, Stoicheif, Summers, wen Williams, Yarbrough. Total—27. ‘lAYS—None. bsent and excused—Brassey, Brown, Evans, Frederick i, High, Kidwell, Solberg, Steen. Total—$. Fotal—35. Whereupon the Acting President declared the bill sed and ordered the bill referred to the Judiciary and les Committee for enrolling. 1213 was read the third time at length, section by tion and placed before the Senate for final considera n, the question being, “Shall the bill pass?” toll call resulted as follows: .YES—Allen, Barker, Bilyeu, Bivens, Brassey, Budge, ase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth ), Ellsworth (30), Fredericksen, Kidwell, Klein, Man Manning, Miller, Mitchell, Mix, Murphy, Peavey, by, Saxvik, Solberg, Stoicheif, Summers, Swenson, lliams, Yarbrough. Total—31. AYS—None. .bsent and excused—Brown, Evans, High, Steen. Total ,
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total—35. Vhereupon the Acting President declared the bill sed. Litle was approved and the bill ordered transmitted the House. 1227 was read the third time at length, section by tion and placed before the Senate for final considera a, the question being, “Shall the bill pass?” oll call resulted as follows: YES—Allen, Barker, Bilyeu, Bivens, Brassey, Budge, ase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth ), Ellsworth (30), Fredericksen, Kidwell, Klein, ManManning, Miller, Mitchell, Mix, Murphy, Peavey, by, Saxvik, Solberg, Stoicheif, Summers, Swenson, lliams, Yarbrough. Total—31. AYS—None. bsent and excused—Brown, Evans, High, Steen. Total .
otal—35. Vhereupon the Acting President declared the bill ;sed. [‘itle was approved and the bill ordered transmitted Ihe House. )n request by Senator Bivens, granted by unanimous isent, S. 1230 retained its place on the Third Reading [endar. L 1185 was read the third time at length, section by tion and placed before the Senate for final considera ris, the question being, “Shall the bill pass?” toll call resulted as follows: YES—Barker, Bilyeu, Bivens, Brassey, Brown, Budge, bs, Crutcher, Ellsworth (20), Ellsworth (30), Fred ±sen, High, Kidwell, Klein, Manley, Manning, Miller, chell, Murphy, Peavey, Rigby, Saxvik, Solberg, Stoi if, Summers, Swenson, Williams, Yarbrough. Total—28. jAYS—Allen, Crookham. Total—2. thsent and excused—Chase, Egbert, Evans, Mix, Steen. bal—5. [‘otal—35. ?Vhereupon the Acting President declared the bill sed.
March 12]
Title was approved and the bill ordered transmitted to the House, On motion by President Pro-Tempore Ellsworth, sec onded by Senator Crutcher, the Senate recessed until 1:30 o’clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present. Prior to recess the Senate was at the Thirteenth Order of Business. Third Reading of Bills On request by Senator Barker, granted by unanimous consent, S. 1225 retained its place on the Third Rending Calendar, On request by Senator Kidwell, granted by unanimous consent, S. 1230 was placed before the Senate for con sideration at this time. S. 1230 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Brown, Crookham, Crutcher, Ellsworth (20), Ellsworth (30), Evans, Kidwell, Klein, Manning, Miller, Mix, Murphy, Saxvik, Stoicheif, Swenson. Total—18. NAYS None. Absent and excused Bivens, Brassey, Budge, Chase, Cobbs, Egbert, Fredericksen, High, Manley, Mitchell, Peavey, Rigby, Solberg, Steen, Summers, Williams, Yar brough. Total—17. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. On request by Senator Crookham, granted by unanimous consent, H. 235 retained its place at the head of the Third Reading Calendar for Saturday, March 13, 1971. H. 76 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass ?“ Roll call resulted as follows: AYES Allen, Barker, Bivens, Brassey, Budge, Cobbs, Crookham, Ellsworth (20), Kidwell, Klein, Mitchell, Mix, Steen, Stoicheif Swenson. Total—15. NAYS Bilyeu, Brown, Chase, Crutcher, Ellsworth (30), Evans, Miller, Murphy, Rigby, Saxvik. Total—lO. Absent and excused Egbert, Fredericksen, High, Manley, Manning, Peavey, Solberg, Summers, Williams, Yarbrough. Total—lO. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. On request by Senator Chase, granted by unanimous consent, 5. 1225 was placed on the Fourteenth Order of Business, General Calendar, for amendment. H. 190, as amended, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass ?“ Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Budge. Chase, Cobbs, Crookham, Crutcher, Ellsworth (20), Ellsworth —
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(30), Evans, Kidwell, Klein, Manning, Miller, Mix, Mur phy, Rigby, Steen, Stoicheff, Swenson. Total—22. NAYS None. Absent and excused Brassey, Brown, Egbert, Fred ericksen, High, Manley, Mitchell, Peavey, Saxvik, Solberg, Summers, Williams, Yarbrough. Total—13. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. On request by Senator Manning, granted by unanimous consent, H. 93, retained its place on the Third Reading Calendar for one legislative day. II. 200 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bivens, Budge, Chase, Cobbs, Crookham, Crutcher, Ellsworth (20), Ellsworth (30), Evans, Kidwell, Klein, Manning, Miller, Mitchell, Mix, Murphy, Rigby, Steen, Stoicheff, Summers, Swenson. Total—23. NAYS None. Absent and excused Bilyeu, Brassey, Brown, Egbert, Fredericksen, High, Manley, Peavey, Saxvik, Solberg, Williams, Yarbrough. Total—12. —
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Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. II. 170, as amended in the Senate, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bivens, Budge, Cobbs, Crook ham, Ellsworth (20), Ellsworth (30), Evans, Kidwell, Klein Manning, Mitchell, Mix, Murphy, Rigby, Saxvik, Summers, Swenson. Total—19. NAYS Stoicheff. Total—i. Absent and excused Bilyeu, Brassey, Brown, Chase, Crutcher, Egbert, Fredericksen, High, Manley, Miller, Peavey, Solberg, Steen, Williams, Yarbrough. Total—15. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. On request by Senator Kidwdll, granted by unanimous consent, the Senate recessed until 2:30 o’clock p.m. of this day. RECESS The Senate reconvened at 2:30 o’clock p.m., pursuant o recess, President Murphy presiding. Roll call showed all members present. Prior to recess the Senate was at the Thirteenth Order of Business. There being no objection, the Senate returned to the Fifth Order of Business. Presentation of Petitions, Resolutions and Memorials The following resolution was read at length by the Secretary: S.C.R. 115 By HEALTH, EDUCATION AND WELFARE COMMITTEE A CONCURRENT RESOLUTION Stating legislative observations; authorizing and in tructing the President of the Senate and Speaker of the —
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House of Representatives to appoint a special legislativ interim committee; authorizing selection of an advisor committee; providing funds for the conduct of the study authorizing payment of expenses; authorizing employmen and payment of personnel; and requiring a report. S.C.R. 115 was referred to the Judiciary and Rules Corn. mittee for printing. Reports of Standing Committees March 12, 1971. The JUDICIARY AND RULES Committee reports tha Enrolled S.J.M. 104 was delivered to the Secretary 0: State at 12:00 o’clock noon, March 12, 1971. KLEIN, Chairman. March 12, 1971. The JUDICIARY AND RULES Committee reports tha’ the Senate amendments to H. 198 have been correctl3 printed. KLEIN, Chairman. March 12, 1971. The JUDICIARY AND RULES Committee reports thai Enrolled S. 1050, S. 1111, S. 1139, S. 1175, S. 1186, S. 118 and S. 1188 were delivered to the Governor at 11:55 o’clocl a.m., March 12, 1971. KLEIN, Chairman. The President ordered the reports filed in the office o] the Secretary of the Senate. March 12, 1971. The JUDICIARY AND RULES Committee reports oul S. 1245 with the recommendation that it do pass. KLEIN, Chairman. March 12, 1971. The RESOURCES AND ENVIRONMENT CommitteE reports out H. 272 with the recommendation that it dc pass. WILLIAMS, Chairman. S. 1245 and H. 272 were filed for second reading. On request by Senator Kidwell, granted by unanimom consent, the Senate advanced to the Twelfth Order ol Business. Second Reading of Bills Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering withi the immediate passage of S. 1183, as amended, as amended in the House, be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that S. 1183, as amended, as amended in the House, be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Evans. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Ellsworth (20), Ells worth (30), Evans, Fredericksen, Kidwell, Klein, Manning, Miller, Mitchell, Mix, Murphy, Rigby, Saxvik, Steen, Stoi cheff, Swenson. Total—26. NAYS—None. Absent and excused—Brassey, Egbert, High, Manley, Peavey, Solberg, Summers, Williams, Yarbrough. Total—9.
SENATE JOURNAL Total—35. More than two-thirds having voted in the affirmative he President declared the rules suspended. S. 1183, as amended, as amended in the House, was read he first time by title, second time by title and the third ime at length, section by section and placed before the enate for final consideration, the question being, “Shall he bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, hase, Cobbs, Crookham, Crutcher, Ellsworth (20), Ells orth (30), Evans, Fredericksen, Kidwell, Klein, Manning, Iiller, Mitchell, Mix, Murphy, RI gby, Saxvik, Steen, Strn heff, Swenson. Total—26. NAYS—None. Absent and excused—Brassey, Egbert, High, Manley, ‘eavey, Solberg, Summers, Williams, Yarbrough. Total—9. Total—35. Whereupon the President declared the bill passed and rdered it referred to the Judiciary and Rules Committee or enrolling. The President called Senator Manning to the Chair. Motion to Suspend Rules 1r. President: I move that all rules of the Senate interfering with the mmediate passage of S. 1177, as amended, be suspended; hat the portions of Section 15 Article 3 of the Constitu ion of the State of Idaho requiring all bills to be read n three several days be dispensed with, this being a case f urgency, and that S. 1177, as amended, be read the first ime by title, second time by title, and third time at length, ection by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Evans, The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, )hase, Cobbs, Crookham, Crutcher, Ellsworth (20), Ells orth (30), Evans, Fredericksen, Kidwell, Klein, Manning, vliller, Mitchell, Mix, Murphy, Rigby, Saxvik, Steen, Stoi heft’, Swenson. Total—26. NAYS—None. Absent and excused—Brassey, Egbert, High, Manley, ‘eavey, Solberg, Summers, Williams, Yarlirough. Total—9. Total—35. More than two-thirds having voted in the affirmative he Acting President declared the rules suspended. S. 1177, as amended, was read the first time by title, ;econd time by title and the third time at length, section ,y section and placed before the Senate for final considera .ion, the question being. “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Thase, Cobbs, Crookham, Crutcher, Ellsworth (20), Ells vorth (30), Evans, Fredericksen, Kidwell, Klein, Manning, Ii1ler, Mitchell, Mix, Murphy, Righy, Saxvik, Steen, Stoi theft’, Swenson. Total—26. NAYS—None. Absent and excused—Brassey, Egbert, High, Manley, Peavey, Solberg, Summers, Williams, Yarbrough. Total—9. Total—35. Whereupon the Acting President declared the bill assed,
March 12]
Title was approved and the bill ordered transmitted to the House, Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1078, as amended, as amended in the House, be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho re quiring all bills to be read on three several days be dis pensed with, this being a case of urgency, and that S. 1078, as amended, as amended in the House, be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage, Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Ellsworth (20), Ells worth (30), Evans, Fredericksen, Kidwell, Klein, Manning, Miller, Mitchel1, Mix, Murphy, Righy, Saxvik, Steen, Stoi cheff, Swenson. Total—26. NAYS—None, Absent and excused—Brassey, Egbert, High, Manley, Peavey, Solberg, Summers, Williams, Yarbrough. Total—9. Total—35. More than two-thirds having voted in the affirmative the Acting President declared the rules suspended, S. 1078, as amended, as amended in the House, was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brown, Budge, AYES Chase, Cobbs, Crookham, Crutcher, Ellsworth (20), Evans, Kidwell, Klein, Manning, Miller, Mix, Peavey, Rigby, Sax vIk, Steen, Stoicheff, Summers, Swenson. Total—24, Ellsworth (30). Total—i. NAYS Brassey, Egbert, Fredericksen, Absent and excused High, Manley, Mitchell, Murphy, Solberg, Williams, Yar brough. Total—lO. Potal—35. Whereupon the Acting President declared the bill passed and the bill referred to the Judiciary and Rules Committee for enrolling. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 202 be suspended; that the por tions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that H. 202 be read the first time by title, second time by title, andthird time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Colibs, Crookham, Crutcher, Ellsworth (20), Ells worth (30), Evans, Fredericksen, Kidwell, Klein, Manning, Miller, Mitchell, Mix, Murphy, Rigby, Saxvik, Steen, Stoi cheff, Swenson. Total—26. NAYS—None, —
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Absent and excused—Brassey, Egbert, High, Manley, Peavey, Solberg, Summers, Williams, Yarbrough. Total—9. Total—35. More than two-thirds having voted in the affirmative the Acting President declared the rules suspended. H. 202 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Kidwell, Klein, Manley, Man ning, Miller, Mix, Peavey, Rigby, Solberg, Steen, Stoicheff, Summers, Swenson. Total—27. NAYS—None. Absent and excused—Brassey, Fredericksen, High, Mit chell, Murphy, Saxvik, Williams, Yarbrough. Total—8. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1119, as amended, be sus pended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that S. 1119, as amended be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Kidwell Klein, Manley, Man ning, Miller, Mix, Peavey, Rigby, Solerg, Steen, Stoicheff, Summers, Swenson. Total—27. NAYS—None. Absent and excused—Brassey, Fredericksen, High, Mit chell, Murphy, Saxvik, Williams, Yarbrough. Total—S. Total—35. More than two-thirds having voted in the affirmative the Acting President declared the rules suspended. S. 1119, as amended, was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Frederick sen, High, Kidwell, Klein, Manley, Manning, Miller, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson. Total—26. NAYS—Allen, Brown, Budge, Chase, Cobbs, Yarbrough. Total—6. Absent and excused—Brassey, Mitchell, Williams. Total Total—35. Whereupon the Acting President declared passed.
the bill
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Title was approved and the bill ordered transmittei to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering witi the immediate passage of H. 244 be suspended; that th portions of Section 15 Article 3 of the Constitution 0: the State of Idaho requiring all bills to be read on threl several days be dispensed with, this being a case o: urgency, and that H. 244 be read the first time by title second time by title, and third time at length, section b section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Murphy. The question being, “Shall the rules be suspendedV Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge Chase, Cobbs, Crookham, Crutcher, Egbert, Ellswortl (20), Ellsworth (30), Evans, Kidwell Klein, Manley, Man fling, Miller, Mix, Peavey, Rigby, Solierg, Steen, Stoicheff Summers, Swenson. Total—27. NAYS—None. Absent and excused—Brassey, Fredericksen, High, Mit chell, Murphy, Saxvik, Williams, Yarbrough. Total—$. Total—35. More than two-thirds having voted in the affirmativi the Acting President declared the rules suspended. H. 244 was read the first time by title, second timl by title and the third time at length, section by sectioi and placed before the Senate for final consideration, tb question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge Chase, Cobbs, Crookham, Crutcher, Eghert, Ellswort] (20), Ellsworth (30), Evans, Kidwell, Klein, Manley, Man ning, Miller, Mix, Peavey, Rigby, Solherg, Steen, Stoichefi Summers, Swenson. Total—27. NAYS—None. Absent and excused—Brassey, Fredericksen, High, Mit chell, Murphy, Saxvik, Williams, Yarbrough. Total—8. Total—35. Whereupon the Acting President declared the bil passed. Title was approved and the bill ordered returned t the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering wit] the immediate passage of S. 1007, as amended, as amendel in the House, be suspended; that the portions of Sectio 15 Article 3 of the Constitution of the State of Idah requiring all bills to be read on three several days be dis pensed with, this being a case of urgency, and tha S. 1007, as amended, as amended in the House, be real the first time by title, second time by title, and thir time at length, section by section, and be put upon it final passage. Moved by Senaor Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended? Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, BudgE Chase, Cobbs, Crookham, Crutcher, Eghert, Ellswort (20), Ellsworth (30), Evans, Kidwell, Klein, Manley, Man ning, Miller, Mix, Peavey, Rigby, Solberg,, Steen, Stoichefi Summers, Swenson. Total—27,
SENATE JOURNAL NAYS—None. Absent and excused—Brassey, Fredericksen, High, Mit hell, Murphy, Saxvik, Williams, Yarbrough. Total—8. Total—35. More than two-thirds having voted in the affirmative he Acting President declared the rules suspended. S. 1007, as amended, as amended in the House, was ‘ead the first time by title, second time by title and the hird time at length, section by section and placed before ;he Senate for final consideration, the question being, ‘Shall the bill pass?” Roll call resulted as follows; AYES—Barker, Bilyeu, Bivens, Chase, Crutcher Eg )ert, Ellsworth (20), Evans, Fredericksen, Kidwell, klein, anning, Miller, Mix, Murphy, Rigby, Saxvik, Steen, toicheff, Summers. Total—20. NAYS—Allen, Budge, Cobbs, Crookham, Ellsworth (30), vIanley, Swenson. Total—7. Absent and excused—Brassey, Brown, High, Mitchell, Peavey, Solberg, Williams, Yarbrough. Total—8. Total—35. Whereupon the Acting President declared the bill )assed and ordered it referred to the Judiciary and Rules ommittee for enrolling. Motion to Suspend Rules dr. President: I move that all rules of the Senate interfering with ;he immediate passage of S. 1236 be suspended; that ;he portions of Section 15 Article 3 of the Constitution f the State of Idaho requiring all bills to be read on ;hree several days be dispensed with, this being a case )f urgency, and that S. 1236 be read the first time by itle, second time by title, and third time at length, sec ion by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Dhase, Cobbs, Crookham, Crutcher, Eghert, Ellsworth 20), Ellsworth (30), Evans, Kidwell Klein, Manley, Man tlng, Miller, Mix, Peavey, Rigby, Solierg, Steen, Stoicheff, summers, Swenson. Total—27. NAYS—None. Absent and excused—Brassey, Fredericksen, High, Mit hell, Murphy, Saxvik, Williams, Yarbrough. Total—S. Total—35. More than two-thirds having voted in the affirmative ;he Acting President declared the rules suspended. S. 1236 was read the first time by title, second time )y title and the third time at length, section by section Lnd placed before the Senate for final consideration, the inestion being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Jhase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth 20), Ellsworth (30), Evans, Kidwell Klein, Manley, Man ilng, Miller, Mix, Peavey, Rigby, Solerg, Steen, Stoicheff, ummers, Swenson. Total—27. NAYS—None. Absent and excused—Brassey, Fredericksen, High, Mit :hell, Murphy, Saxvik, Williams, Yarbrough. Total—8. Total—35. Whereupon the Acting President declared the bill assed.
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Title was approved and the bill ordered transmitted to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 180, as amended, be sus pended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, tins being a case of urgency, and that H. 180, as amended be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Kidwell, Klein, Manley, Man ning, Miller, Mix, Peavey, Rigby, Solberg, Steen, Stoicheff, Summers, Swenson. Total—27. NAYS-None. Absent and excused—Brassey, Fredericksen, High, Mit chell, Murphy, Saxvik, Williams, Yarbrough. Total—8. Total—35. More than two-thirds having voted in the affirmative the Acting President declared the rules suspended. H. 180, as amended, was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final con sideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, BarkerS Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Kidwell Klein, Manley, Man ning, Miller, Mix, Peavey, Rigby, Solierg, Steen, Stoicheff, Summers, Swenson. Total—27. NAYS—None. Absent and excused—Brassey, Fredericksen, High, Mit chell, Murphy, Saxvik, Williams, Yarbrough. Total—S. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 181, as amended, be sus pended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that H. 181, as amended, be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES-Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Kidwell, Klein, Manley, Man ning, Miller, Mix, Peavey, Rigby, Solberg, Steen, Stoicheff, Summers, Swenson. Total—27.
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NAYS—None. Absent and excused—Brassey, Fredericksen, High, Mithell, Murphy, Saxvik, Williams, Yarbrough. Total—S. Total—35. More than two-thirds having voted in the affirmative he Acting President declared the rules suspended. H. 181, as amended, was read the first time by title, econd time by title and the third time at length, section y section and placed before the Senate for final con .ideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—AlIen, Barker, Bilyeu, Bivens, Brown, Budge, Jhase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth :20), Ellsworth (30), Evans, Kidwell Klein, Manley, Man iing, Miller, Mix, Peavey, Rigby, Solferg, Steen, Stoicheff, summers, Swenson. Total—27. NAYS—None. Absent and excused—Brassey, Fredericksen, High, Mithell, Murphy, Saxvik, Williams, Yarbrough. Total—S. Total—35. Whereupon the Acting President declared the bill )assed. Title was approved and the bill ordered returned to he House. Motion to Suspend Rules VIr. President: I move that all rules of the Senate interfering with he immediate passage of H. 182 be suspended; that the ortions of Section 15 Article 3 of the Constitution of he State of Idaho requiring all bills to be read on three everal days be dispensed with, this being a case of irgency, and that H. 182 be read the first time by title, econd time by title, and third time at length, section y section, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Crutcher. The question being, “Shall the rules he suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, )hase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth 20), Ellsworth (30), Evans, Kidwell Klein, Manley, Man ting, Miller, Mix, Peavey, Rigby, Solferg, Steen, Stoicheff, lummers, Swenson. Total—27. NAYS—None. Absent and excused—Brassey, Fredericksen, High, Mithell, Murphy, Saxvik, Williams, Yarbrough. Total—S. Total—35. More than two-thirds having voted in the affirmative he Acting President declared the rules suspended. II. 182 was read the first time by title, second time y title and the third time at length, section by section nd placed before the Senate for final consideration, the tuestion being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Jhase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth 20), Ellsworth (30), Evans, Kidwell, Klein, Manley, Man dng, Miller, Mix, Peavey, Rigby, Solberg, Steen, Stoicheff, ummers, Swenson. Total—27. NAYS—None. Absent and excused—Brassey, Fredericksen, High, Mithell, Murphy, Saxvik, Williams, Yarbrough. Total—S. Total—35. Whereupon the Acting President declared the bill )assed.
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Title was approved and the bill ordered returned to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 107, as amended, be sus pended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that II. 107, as amended1 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Eghert, Ellsworth (20), Ellsworth (30), Evans, Kidwell Klein, Manley, Man ning, Miller, Mix, Peavey, Rigby, Solerg, Steen, Stoicheff, Summers, Swenson. Total—27. NAYS—None. Absent and excused—Brassey, Fredericksen, High, Mit chell, Murphy, Saxvik, Williams, Yarbrough. Total-S. Total—35. More than two-thirds having voted in the affirmative the Acting President declared the rules suspended. H. 107, as amended, was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final con sideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Kidwell Klein, Manley, Man ning, Miller, Mix, Peavey, Rigby, Solierg, Steen, Stoicheff, Summers, Swenson. Total—27. NAYS—None. Absent and excused—Brassey, Fredericksen, High, Mit chell, Murphy, Saxvik, Williams, Yarbrough. Total—S. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. On request by Senator Bivens, granted by unanimous consent, the Senate advanced to the Fourteenth Order of Business. General Calendar The Acting President declared the Senate recessed and called Senator Bivens to the Chair to preside during the sitting of the Committee of the Whole. Following the adjournment of the Committee of the Whole, President Murphy called the Senate to order. Report of the Committee of the Whole Senator Bivens, Chairman of the Committee of the Whole, reported out H. 219, S. 1225 and S. 1222 without recommendation, amended as follows: SENATE AMENDMENTS TO H. 219 AMENDMENT TO SECTION 3.501 On page 62 of the printed bill, following line 25, insert the following: “(5) Any supervised financial organization or other lending institution which does not obtain a license from the administrator authorizing him to make supervised
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loans pursuant to this act shall not receive deposits from state or public depositing units pursuant to chapter 1, title 57, Idaho Code, and chapter 27, title 67. Idaho Code.”. AMENDMENT TO SECTION 3.502 On page 62 of the printed bill, in line 27, following the word “person”, delete the words “is a supervised financial organization or”. AMENDMENT TO SECTION 2.207 On page 20 of the printed bill, in line 5, following the word “exceed”, delete the remainder of line 5 and all of lines 6, 7, 8, 9, 10, 11 and 12, and insert in lieu thereof the following: “1’, per cent of that part of the amount pur suant to subsection (2). If the billing cycle is not monthly, the maximum charge is that percentage which bears the same relation to the applicable monthly percentage as the number of days in the billing cycle bears to 30. For the purposes of this section, a variation of not more than four (4) days from month to month is the same day of the billing cycle.” AMENDMENTS TO SECTION 3.201 On page 44 of the printed bill, in line 4, following the word “principal” and before the period, insert the follow ing: “except with respect to a consumer loan made pursu ant to a revolving loan account (section 3.201 (4))”. On page 44 of the printed bill, delete lines 23, 24, 25 and 26 and insert in lieu thereof: “(a) the loan finance charge shall not exceed 15 per cent per year and the loan finance charge contracted for and received shall not exceed a charge in each monthly per cent of an amount not greater billing cycle of 1 than”. On page 44 of the printed bill, in line 37, following the word “exceed”, delete the number and words “18 per cent” and insert in lieu thereof the number and words “15 per cent”. On page 44 of the printed bill, in line 39, following the word “to”. delete the number “11/2”, and insert in lieu thereof the number “1’h”. AMENDMENT TO SECTION 3.508 On page 65 of the printed bill, in line 37, following the word and character “loan,”, delete the word “including” and insert in lieu thereof the word “excluding”. AMENDMENTS TO SECTION 2.403 On page 33 of the printed bill, in line 13, before the words “a consumer”, delete the word “In”, and insert in lieu thereof the words “With respect to”. On page 33 of the printed bill, in line 15, following the words “than a”, insert the words “currently dated”. On page 33 of the printed bill, in line 16, following the words and character “or lessee.”, delete the remainder of line 16, and all of lines 17, 18, 19 and 20. AMENDMENTS TO SECTION 2.404 On page 33 of the printed bill, in line 22, after the word and character “DEFENSES. —“, delete the remainder of line 22 and all of lines 23 through 40 and insert in lieu thereof: “(1) With respect to a consumer credit sale or consumer lease, (other than one primarily for an agricultural pur pose,) an assignee of the rights of the seller or lessor is subject to all claims and defenses of the buyer or lessee against the seller or lessor arising out of the sale or lease notwithstanding that (a) there is an agreement to the contrary, or (b) the assignee is a holder in due course of a nego tiable instrument issued in violation of the provisions on prohibition of certain negotiable instruments (section 2.403). (2) The assignee’s ability under subsection (1) may not exceed the amount owing to the assignee with respect to
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the sale or lease at the time the assignee has notice of claim or defense of the buyer or lessee. If debts arising from two or more consumer credit sales, other than pur suant to a revolving charge account, or consumer lease are consolidated, payments received after the consolidatioi are deemed, for the purpose of determining the amoun owing the assignee with respect to a sale or lease, to havf been first applied to the payment of debts arising from thE sales or leases first made; if the debts consolidated aros from sales or leases made on the same day, paymenti are deemed to have been first applied to the smallesi debt. Payments received upon a revolving charge accouni are deemed, for the purpose of determining the amoun owing the assignee with respect to a sale, to have beei first applied to the payment of credit service charge in the order of their entry to the account and then tc the payment of debts in the order in which the entrie to the account showing the debts were made. (3) An agreement may not provide for greater right for an assignee than this section permits.” On page 34 of the printed bill, delete lines 1 through 17 AMENDMENTS TO SECTION 5.202 On page 79 of the printed bill, in line 15, following thi word “to” and before the word “certain”, insert th, following: “collection of excess charges or enforcement o: rights (subsection (5) of section 1.201),”. On page 79 of the printed bill, in line 15, following thi word “instruments” insert the word “prohibited”. On page 79 of the printed bill, in line 15, following th characters and word “(section 2.403),”, insert the follow ing: “assignees subject to defenses (section 2.404) security in sales or leases (section 2.407), assignments o: earnings (sections 2.410 and 3.403), attorney’s fees (sec tions 2.413, 3.404, and 3.514), limitations on default charge (sections 2.414 and 3.405, authorizations to confess judg ment (sections 2.415 and 3.407), restrictions on interest in land as security (section 3.510),”. On page 79 of the printed bill, in line 17, following th word “debtor”, delete the remainder of line 17 and al of lines 18 through 25, and insert in lieu thereof th following: “has a right in an action other than a clas action to recover from the person violating this act penalty in an amount determined by the court not les than $100 nor more than $1,000. With respect to viola tions arising from sales made pursuant to revolvin charge accounts or from loans made pursuant to revolvin loan accounts, no action pursuant to this subsection ma: be brought more than two years after the violation occurred. With respect to violations arising from othe consumer credit sales and consumer loans and from con sumer leases, no action pursuant to this subsection ma: be brought more than one year after the due date of th last scheduled payment of the agreement,” On page 80 of the printed bill, in line 7, following th words “If a”, insert the words: “creditor has contracte for or received a charge in excess of that allowed by thi act, or if a”. On page 80 of the printed bill, in line 9, following won “from”, delete the word “that” and insert in lieu thereo the words: “the creditors of the”. On page 80 of the printed bill, in line 9, following th word “person” insert the words: “liable in an action othe than a class action”. On page 80 of the printed bill, delete lines 10 throug] 15 and delete line 16 through the characters, word an number (section 6.113), and insert in lieu thereof: “no less than $100 or more than $1,000”. On page 80 of the printed bill, following line 31 inser a new subsection as follows: “(7) A creditor has no liability for a penalty unde subsection (1) or subsection (4) if within 15 days afte discovering an error, and prior to the institution of ai
[March 12
action under this section or the receipt of written notice )f the error, the creditor notifies the person concerned if the error and corrects the error. If the violation con ists of a prohibited agreement, giving the debtor a cor ected copy of the writing containing the error is suffi ient notification and correction. If the violation con.. ists of an excess charge, correction shall be made by an adjustment or refund. On page 80 of the printed bill, at the beginning in Line 32, delete the character and number “(7)” and insert in lieu thereof tt(8) On page 80 of the printed bill, in line 33, following the word “error” and before the “,“, insert the words “not withstanding the maintenance of procedures reasonably adapted to avoid any such violation or error”. On page 80 of the printed bill, in line 34, after the aumber and word “(2)” and” delete the character and words “(4) and”, and insert in lieu thereof the characters and number “(3)”. On page 80 of the printed bill, in line 35, following the word “affected”, and before the “.“, insert the character and words “, and no liability is imposed under subsection (4) except for refusal to make a refund”. On page 80 of the printed bill, in line 36, delete the num er and words: “(8) In any case”, and insert in lieu bhereof the number and words “(9) In an action”. On page 80 of the printed bill, in line 37, following the word “court”, delete the word “may” and insert in lieu bhereof the word “shall”. On page 80 of the printed bill, in line 37, following the word “award” insert the words “the debtor the costs of bhe action together with”. On page 80 of the printed bill, in line 37, following bhe words “attorney’s fees”, delete the words “incurred by ;he debtor”, and following the “.“ insert the following: ‘Reasonable attorney’s fees shall be determined by the value of the time reasonable expended by the attorney riot by the amount of the recovery on behalf of the lebtor.”. AMENDMENT TO SECTION 6.113 On page 90 of the printed bill, in line 4, after the words ‘creditor for” delete the remainder of line 4 and all of lines 5 through 31 and insert in lieu thereof: “all amounts if money, other than penalties, which a debtor or class of debtors has a right explicitly granted by this act to re 2over. The court shall order amounts recovered or recover able under this subsection paid to each debtor or set off against his obligation. A debtor’s action, other than a lass action, takes precedence over a prior or subsequent action by the administrator with respect to the claim f that debtor. A debtor’s class action takes precedence iver a subsequent action by the administrator with re spect to claims common to both actions but intervention by the administrator is authorized. An administrator’s action on behalf of a class of debtors takes precedence uver a debtor’s subsequent class action with respect to claims common to both actions. When an action takes precedence over another action under this subsection, to the extent appropriate the other action may be stayed while the precedent action is pending and dismissed if the precedent action is dismissed with prejudice or results in a final judgment granting or denying the claim asserted in the precedent action.”. AMENDMENT TO SECTION 3.503 On page 62 of the printed bill, delete lines 37 through 39. On page 63 of the printed bill, delete all of lines 1 bhrough 17 and insertin lieu thereof the following: “SECTION 3.503. LICENSE TO MAKE SUPERVISED (1) The administrator shall receive and act on LOANS. all applications for licenses to make supervised loans under —
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this act. Applications shall be filed in the same manner prescribed by the administrator and shall contain such in formation as the administrator may reasonably require. (2) Upon receipt of an application with the required fee (section 6.203) the administrator shall notify all existing licensees in the community. Such licensee may file with the administrator any objections to the issuance of a license within 30 days of the date of mailing such notice. (3) No license shall be issued unless the administrator upon investigation, shall find that (a) the financial re sponsibility, character and fitness of the applicant, and of the members thereof (if the applicant is a co-partner. ship or association) and of the officers and directors there of (if the applicant is a corporation) are such as to war rant belief that the business will be operated honestly and fairly within the purposes of this act; and (b) the applicant has available for the operation of the business at the specified location assets of at least $50,000. No license shall be issued if objections have been filed unless the applicant shall have requested a hearing thereon. (4) Upon written request, the applicant is entitled to a hearing on the question of his qualifications for a license if (a) the administrator has notified the applicant in writing that his application has been denied, or objections filed or (b) the administrator has not issued a license within 60 days after the application for the license was filed. A request for a hearing may not be made more than 15 days after the administrator has mailed a writing to the applicant notifying him that the application has been denied and stating in substance the administrator’s findings supporting denial of the application or that ob jections have been filed and the substance thereof. (5) The administrator may issue additional licenses to the same licensee upon compliance with all the provisions of this act governing issuance of a single license. A separate license shall be required for each place of busi ness. Each license shall remain in full force and effect until surrendered, suspended or revoked. (6) No licensee shall change the location of any place of business without giving the administrator at least 15 days prior written notice. No licensee shall change the location of any of his places of business to a location more than 15 miles from the original location or outside the original municipality, if any. (7) A licensee shall not engage in the business of making supervised loans at any place of business for which he does not hold a license nor shall he engage in business under any other name than that in the license.” AMENDMENTS TO SECTION 3.506 On page 64 of the printed bill, in line 38, after the word “appropriate” and before the word “the”, insert the fol lowing: “, but at least annually,”. On page 64 of the printed bill, at the beginning hi line 39, following the word “licensee” insert the following: “, and at least every 2 years he shall examine the loans and business records of every regulated lender”. On page 64 of the printed bill, in line 40, following the word “administrator”, delete the words “or the official or” On page 65 of the printed bill, delete line 1 through the characters, words and number (section 6.105). AMENDMENT TO SECTION 3.512 On page 67 of the printed bill, delete lines 32 through 35 and in lieu thereof insert the following: “SECTION 3.512. CONDUCT OF BUSINESS OTHEE (1) A licensee who is THAN MAKING LOANS. authorized to make supervised loans under this part shal] not engage in the business of making sale of goods at any location where supervised loans are made, except the sale of insurance in connection with the makmg ot loans. The word “location” as used in this section meam the entire space in which supervised loans are made anc said location must be separated from any location in —
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which merchandise is sold or displayed by walls which may be broken only by a passageway to which the public is not admitted. (2) A sale of goods or services pursuant to a lender credit card or similar arrangement made at a place of business other than that of a licensee does not violate this section. (3) An occasional sale of property used in the ordinary course of the business of a licensee does not violate this section. (4) A sale of items repossessed by the licensee does not violate this section. (5) No licensee shall conduct the business of making supervised loans under this act under any name, or at any place of business within this state, other than that stated in the license.” SENATE AMENDMENT TO S. 1225 AMENDMENT TO SECTION 1 On page 1 of the printed bill, in line 29, following the word “for” delete the word “cancellation” and insert in lieu thereof the word “nonrenewal”. SENATE AMENDMENTS TO S. 1222 AMENDMENT TO SECTION 2 On page 2 of the printed bill, in line 14, following the word “is” delete the words “a minor” and insert in lieu thereof, “eighteen (18) years of age or older”. On page 2 of the printed bill, in line 14, following the word “such” delete the word “minor” and insert in lieu thereof the word “person”. On page 2 of the printed bill, in line 17, following the word “such” delete the word “minor”, and insert in lieu thereof the word “person”. On page 2 of the printed bill, at the beginning in line 18, delete the word “minor” and insert in lieu thereof the word “person”. AMENDMENTS TO SECTION 5 On page 3 of the printed bill, in line 14, following the word “copy”, delete the words “will be available which”. On page 3 of the printed bill in line 15, following the word “state”, delete the comma and insert the following: “and the state board of pharmacy;”. CORRECTIONS TO THE TITLE On page 1 of the printed bill in line 8, delete the word “MINORS” and insert in lieu thereof: “PERSON OVER THE AGE OF EIGHTEEN YEARS”. On page 1 of the printed bill in line 12, delete the word “MINOR” and insert in lieu thereof: “PERSON OVER THE AGE OF EIGHTEEN YEARS”. The committee has S. 1113, S. 1132, 5. 1173 axid H. 159 under consideration, report progress and beg leave to sit again. BIVENS, Chairman. On motion by Senator Bivens, seconded by Senator Murphy, the report was adopted. H. 219, as amended in the Senate, was filed for first reading. S. 1225, as amended, and S. 1222, as amended were referred to the Judiciary and Rules Committee for en— grossing. Senate amendments to H. 219, S. 1225 and S. 1222 were referred to the Judiciary and Rules Committee for print— ing. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec
March 13]
onded by Senator Mix, the Senate adjourned until 9:OU o’clock a.m., Saturday, March 13, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
SIXTY-SECOND LEGISLATIVE DAY SATURDAY, MARCH 13, 1971 Senate Chamber, Boise, Idaho, March 13, 1971. President Murphy called the Senate to order at 9:OC o’clock a.m, Roll call showed all members present except Senatoi Saxvik, excused. The following prayer was offered by Chaplain Newel] Morgan: Almighty God, Thou Who stands guard at the dawn oI every day, we humbly bow in Thy Presence as we lift our voice in prayer we know we are heard by Thee. Out of history and from past experience we know Thou hast guided us in the past, so we reverently seel to be led today along the path of duty, responsibility and service. May certain peace, calmness and assurance enter now into the hearts and minds of each of these, who bow before Thee, that will abide them all through this worl day. Tonight, Father, when Thou hast spread the blanket of star studded darkness over our city and valley, may each of these men and women have the sweet repose and rest that comes to all who have accomplished much through faithful, dedicated service for others. This in our Lord’s Name, Amen. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Wednesday, March 10, 1971 was read and approved as corrected. KLEIN, Chairman. Report adopted. Reports of Standing Committees March 12, 1971. The STATE AFFAIRS Committee reports they have had under consideration the Gubernatorial appointments listed below and recommend that said appointments be confirmed by the Senate. Mr. Clifford Hinkley to the Board of Aeronautica] Directors effective July 1, 1970 and expiring July 1, 1971, Mr. Richard Bauer, to the Board of Aeronautical Direc tors effective July 1, 1970 and expiring July 1, 1972. Mr. Warren Barry, to the Board of Aeronautical Direc tors effective July 1, 1970 and expiring July 1, 1973. Mr. Archie Yager, to the Board of Aeronautical Direc tors effective July 1, 1970 and expiring July 1, 1974. Mr. George Cooke, to the Board of Aeronautical Direc tors effective July 1, 1970 and expiring July 1, 1975. Mr. Oscar Arstein as Commissioner of the Department of Agriculture to serve at the pleasure of the Governor, SUMMERS, Chairman.
[March 13
21
SENATE JOURNAL
The Gubernatorial appointments were referred to the Tenth Order of Business, Motions and Reso1utions, and ordered held at the desk for one legislative day. March 12, 1971. The LOCAL GOVERNMENT AND TAXATION Com mittee reports out H. 34 without recommendation.
BROWN,
Chairman. March 13, 1971. The LOCAL GOVERNMENT AND TAXATION Com mittee reports out H. 247 without recommendation.
BROWN, Chairman. H. 34 and H. 247 were ified for second reading. March 13, 1971. The JUDICIARY AND RULES Committee reports that S. 1007, as amended, as amended in the House, S. 1030, as amended, as amended in the House, S. 1078, as amend ed, as amended in the House, and S. 1183, as amended in the House, have been correctly enrolled. KLEIN, Chairman. The President announced he was about to sign Enrolled S. 1007, as amended, as amended in the House, S. 1030, as amended, as amended in the House, S. 1078, as amend ed, as amended in the House, and S. 1183, as amended in the House, and when so signed, ordered them trans mitted to the House for the signature of the Speaker. Messages from the Governor STATE OF IDAHO Office of the Governor BOISE March 12, 1971 Honorable Jack Murphy President of the Senate Senate Chambers Building Dear Mr. President: I have the honor to inform you that I have appointed J. P. Munson, M.D. of Sandpoint, Idaho to the State Board of Education and to the Board of Regents of the University of Idaho. This appointment was effective March 1, 1971 and is an appointment for a five year term. This appointment was made subject to confirmation by the Senate and notice of appointment is hereby appropriately given. Sincerely, /5/ CECIL D. ANDRUS Governor The Gubernatorial appointment was referred to the State Affairs Committee. STATE OF IDAHO Office of the Governor BOISE March 12, 1971 The Honorable Jack Murphy President of the Senate Senate Chambers Building Dear Mr. President: I have the honor to inform you that I have this day approved and am transmitting to the Secretary of State the following Senate Bills, to-wit: SENATE BILL 1149 SENATE BILL 1104 as amended in the House
SENATE BILL 1032 as amended in the Hous Sincerely, Is! CECIL D. ANDRUS Governor The message from the Governor was ordered file in the office of the Secretary of the Senate. Messages from the House March 12, 1971. Mr. President: I transmit herewith Enrolled H.C.R. 13 and retur herewith Enrolled S.J.R. 101 which have been signe by the Speaker.
FITZWATER,
Chief clerk. The President announced he was about to sign Enrolle H.C.R. 13, and when so signed, ordered it returned t the House. Enrolled S.J.R. 101 was referred to the Judiciary an Rules Committee for transmittal to the Secretary a State.
March 12, 1971. Mr. President: I transmit herewith H. 277, H. 221, H. 293, H. 294 H. 295, H. 296, H. 297, H. 298, H. 299, H. 300, II. 30] H. 302, H. 273 and return herewith S. 1129 and S. 119 which have passed the House. FITZWATER, Chief Clerk. H. 277, H. 221, H. 293, H. 294, H. 295, II. 296, H. 29 H. 298, H. 299, H. 300, H. 301, H. 302 and H. 273 wer filed for first reading. S. 1129 and S. 1197 were referred to the Judiciary an Rules Committee for enrolling. March 12, 1971. Mr. President: I transmit herewith H. 189, as amended, H. 151, a amended, H. 97, as amended, H. 248, as amended, an return herewith S. 1151, S. 1083, S. 1121, S. 1122, S. 114l S. 1092, S. 1140 and S. 1051, as amended in the Hous which have passed the House.
FITZWATER,
Chief Clerk. H. 189, as amended, H. 151, as amended, H. 97, a amended, and H. 248, as amended, were filed for fir reading. S. 1151, S. 1083, S. 1121, S. 1122, S. 1145, S. 1092, an S. 1140 were referred to the Judiciary and Rules Cou mittee for enrolling. S. 1051, as amended in the House, was referred to tli Tenth Order of Business, Motions and Resolutions. March 12, 1971. Mr. President: I transmit herewith H. 276, H. 292 H. 303, H. 30 H. 289, as amended, H.J.M. 8, H.C.1. 17 and retur herewith S. 1109, as amended, S.C.R. 113 and S. 101 which have passed the House.
FITZWATER,
Chief Clerk. H. 276, H. 292, H. 303, H. 304 and H. 289, as amendei were filed for first reading. H.J.M. 8 and H.C.R. 17 were referred to the Tent Order of Business, Motions and Resolutions. S. 1109, as amended, S.C.R. 113 and S. 1072 were r ferred to the Judiciary and Rules Committee for enrollin Motions and Resolutions The following memorial was read at length by ti Secretary:
SENATE JOURNAL H.J.M. 8 By REVENUE AND TAXATION COMMITTEE A JOINT MEMORIAL To the Honorable Senate and House of Representatives f the United States in Congress assembled, and the lonorable Congressional Delegation representing the tate of Idaho in the Congress of the United States. We, your Memorialists, the Senate and House of Repre entatives of the state of Idaho assembled in the First egular Session of the Forty-first Idaho Legislature, do ereby respectfully represent that: WHEREAS, there are numerous hydroelectric generat ag facilities developed and operated by the United States rmy Corps of Engineers and the United States Depart aent of the Interior within the state of Idaho; and WHEREAS, such facilities are used to generate elec rical energy consumed within and outside the state of daho; and WHEREAS, electrical energy generated by such facil ;ies, if owned and operated by private utilities would be ubject to the Idaho kilowatt hour tax imposed on elec ricity generated by such facilities located within the tate of Idaho; and WHEREAS, payments should be made to equate elec icity generated by such federally owned facilities with rivately generated electricity; and WHEREAS, the passage of this act is vital to the relfare of the people of Idaho and to the people of the ation. NOW, THEREFORE, BE IT RESOLVED by the First egular Session of the Forty-first Idaho Legislature, the enate and House of Representatives concurring, that we iost respectfully urge the consent of the United States e given to the payment of monies to the state in lieu f payment of the Idaho kilowatt hour tax on electrical nergy generated by such federally owned facilities within claho. BE IT FURTHER RESOLVED that the Chief Clerk of Eie House of Representatives be, and she is hereby au iorized and directed to forward certified copies of this femorial to the Leadership of the Senate and House of epresentatives of Congress, and to the Senators and epresentatives representing this state in the Congress f the United States. The following resolution was read at length by the ecretary: H.C.R. 17 By WAYS AND MEANS COMMITTEE A CONCURRENT RESOLUTION Authorizing and directing the Legislative Council to ndertake and complete a study of any necessary revi ions in the Uniform Probate Code, and directing the egislative Council to submit its report and recommenda .ons to the Second Regular Session of the Forty-first laho Legislature. ; It Resolved by the Legislature of the State of Idaho: WHEREAS, it is in the best interests of every citizen f the state of Idaho that the administration of and effect f the probate laws be tailored to fit the needs of all ÂŁ our citizens; and WHEREAS, the Uniform Probate Code has been adopt d to become effective in 1972; and WHEREAS, continued study is necessary to insure that ie Uniform Probate Code does function properly when ilective and to consider any necessary revisions and mendments. NOW, THEREFORE, BE IT RESOLVED by the First egular Session of the Forty-first Idaho Legislature, the ouse of Representatives and the Senate concurring ierein, that the Legislative Council is hereby empowered,
March 13]
authorized and directed to undertake and complete such study of the Uniform Probate Code, and related laws, as may be necessary to insure its proper administration and to consider and study any necessary revisions and amend ments to the Code. BE IT FURTHER RESOLVED that the Legislative Council shall submit a report and any accompanying recommendations to the Second Regular Session of the Forty-first Idaho Legislature. H.J.M. 8 and H.C.R. 17 were ordered held at the desk for two legislative days. On request by Senator Kidwell, granted by unanimous consent, S.J.R. 108 and H.C.R. 12 retained their place on the Tenth Order of Business, Motions and Resolutions, for one legislative day. On motion by Senator Murphy, seconded by Senator Chase, the Senate concurred in the House amendments to 5. 1051. S. 1051, as amended in the House, was referred to the Judiciary and Rules Committee for engrossing. There being no objection, S.J.M. 110 retained its place on the Tenth Order of Business, Motions and Resolutions, for one legislative day. Introduction, First Reading and Reference of Bills 5. 1247 By STATE AFFAIRS COMMITTEE AN ACT Relating to the Department of Water Administration; repealing Section 42-1801, Idaho Code; amending Chapter 18, Title 42, Idaho Code, by the addition of a new Section 42-1801, Idaho Code, providing for a Director of Water Administration, for his appointment and tenure, for his oath of office, for bonding of the director, for vacancies, and providing for the Department of Water Administra tion; and declaring an emergency. S. 1248 By STATE AFFAIRS COMMITTEE AN ACT Relating to safety on the streets and highways in the state of Idaho, authorizing the Commissioner of Law En forcement to establish by administrative rules a driver rehabilitation program or programs, consisting of, but not limited to, class room instruction in rules of the road, driving techniques, defensive driving, driver atti tude and habits, actual on-the-road driverâ&#x20AC;&#x2122;s training and subjects which might contribute to proper driving attitudes, habits and techniques; limiting participation in such programs to those operators whose licenses are subject to either mandatory or permissive suspensions; prohibiting from participating those persons whose licenses are subject to revocation under Section 49-329, Idaho Code; requiring referral, from a driver improvement counselor, judge or magistrate of a district court of the state of Idaho or a hearing officer of the Department of Law Enforcement; requiring those persons participating in said programs to comply with requirements established for such programs; and establishing a Driver Rehabilita tion Board and prescribing its duties; and declaring an emergency. S. 1249 By FINANCE COMMITTEE AN ACT Appropriating moneys out of the funds enumerated to the Idaho State Board for Vocational Education and pre scribing a major program for the period July 1, 1971 through June 30, 1972. S. 1250 By FINANCE COMMITTEE AN ACT Appropriating moneys from the funds enumerated to
EMarch 13
SENATE JOURNAL
the Department of Finance and prescribing major pro grams and expenditure classifications of the appropriation for the period July 1, 1971 through June 30, 1972. S. 1251 By FINANCE COMMITTEE AN ACT Appropriating moneys from the fund enumerated to the Idaho State Board of Correction for the Department of Probation and Parole and prescribing major programs and expenditure classifications of the appropriation for the period July 1, 1971 through June 30, 1972. S. 1252 By FINANCE COMMITTEE AN ACT Appropriating moneys from the fund enumerated to the Idaho State Board for Vocational Education for the Man power Development and Training Act and prescribing major programs and expenditure classifications of the appropriation for the period July 1, 1971 through June 30, 1972. S. 1253 By FINANCE COMMITTEE AN ACT Appropriating moneys from the funds enumerated to the Department of Water Administration and prescribing major programs and expenditure classifications of the appropriation for the period July 1, 1971 through June 30, 1972. S. 1247, S. 1248, S. 1249, S. 1250, S. 1251, S. 1252 and S. 1253 were introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. H. 219, as amended in the Senate, by Ways and Means Committee, was read the first time at length and filed for second reading. H. 277, by Revenue and Taxation Committee, was in troduced, read the first time at length and referred to the State Affairs Committee. H. 221, by Ways and Means Committee, was introduced, read the first time at length and referred to the Re sources and Environment Committee. H. 293. H. 294, H. 295, H. 296, H. 297, H. 298, H. 299, H. 300, H. 301 and H. 302, by Appropriations Committee, were introduced, read the first time at length and referred to the Finance Committee. H. 273, by State Affairs Committee, was introduced, read the first time at length and referred to the Agricul tural Affairs Committee. H. 189, as amended, H. 303 and H. 304, by State Affairs Committee, were introduced, read the first time at length and referred to the Local Government and Taxation Com mittee. H. 151, as amended, and H. 289, as amended, by Revenue and Taxation Committee, were introduced, read the first time at length and referred to the Local Government and Taxation Committee. H. 97, as amended, by Education Committee, was intro duced, read the first time at length and referred to the Health, Education and Welfare Committee. H. 248, as amended, by Revenue and Taxation Com mittee, was introduced, read the first time at length and referred to the Local Government and Taxation Com mittee. II. 276, by Ways and Means Committee, was introduced, read the first time at length and referred to the Judiciary and Rules Committee. H. 292, by State Affairs Committee, was introduced, read the first time at length and referred to the State Affairs Committee.
21
Second Reading of Bills H. 179, by Judiciary, Rules and Administration Con mittee, was read the second time at length and filed fc third reading. S. 1239, by State Affairs Committee, was read the se ond time at length and filed for third reading. H. 270, H. 271, H. 284, H. 285 and H. 286, by Stal Affairs Committee, were read the second time at lengt and filed for third reading. H. 290, by Ways and Means Committee, was read tl second time at length and filed for third reading. S. 1203, by State Affairs Committee, was read the se ond time at length and filed for third reading. H. 216, as amended, by Revenue and Taxation Commi tee, was read the second time at length and filed for thh reading. S. 1238, by State Affairs Committee, was read the se ond time at length and filed for third reading. H. 149, as amended, as amended in the Senate, ar H. 198, as amended, as amended in the Senate, by Ri sources and Conservation Committee, were read the secos time at length and fi1ed for third reading. H. 256, as amended in the Senate, by Revenue ar Taxation Committee, was read the second time at lengi and filed for third reading. S. 1105, as amended in the House, and S. 1176, as ament ed, by Agricultural Affairs Committee, were read the se, ond time at length and filed for third reading. S. 1245, by Judiciary and Rules Committee, was read ti second time at length and filed for third reading. H. 272, by State Affairs Committee, was read the se ond time at length and filed for third reading. Third Reading of Bills On request by President Pro-Tempore Ellsworth, gran ed by unanimous consent, S. 1233 was placed at the hes of the Third Reading Calendar for consideration at th time. S. 1233 was read the third time at length, section 1 section and placed before the Senate for final consider tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brow Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ell worth (20), fllsworth (30), Evans, Fredericksen, Kh well, Klein, Manley, Manning, Miller, Mitchell, Mi: Murphy, Rigby, Solberg, Steen, Stoicheff, Summers, Swei son, Williams. Total—31. NAYS None. Absent and excused High, Peavey, Saxvik, Yarbroug Total—4. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted i the House. S. 1231 was read the third time at length, section 1 section and placed before the Senate for final consider tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brow Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, ETh worth (20), Ellsworth (30), Evans, Fredericksen, Hig Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mi Murphy, Peavey, Rigby, Solberg, Steen, Stoicheff, Sun mers, Swenson, Williams, Yarbrough. Total—34. NAYS—None. —
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SENATE JOURNAL Absent and excused—Saxvik. Total—i. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted the House. On request by Senator Kidwell, granted by unanimous onsent, S. 1232, S. 1234, S. 1235, S. 1237, S. 1240, S. 1242 nd S. 1243 were placed at the head of the Third Reading alendar for consideration at this time. S. 1232 was read the third time at length, section by ection and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, udge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells rorth (20), Ellsworth (30), Evans, Fredericksen, High, idwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Eurphy, Peavey, Rigby, Solberg, Steen, Stoicheff, Sum iers, Swenson, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Saxvik. Total—i. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted the House. S. 1234 was read the third time at length, section by ection and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, udge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells orth (20), Ellsworth (30), Evans, Fredericksen, High, idwell, Klein, Manley, Manning, Miller, Mitchell, Mix, lurphy, Peavey, Rigby, Solberg, Steen, Stoicheff, Sum iers, Swenson, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Saxvik. Total—i. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted the House. S. 1235 was read the third time at length, section by iction and placed before the Senate for final considera ton, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, udge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells rorth (20), Ellsworth (30), Evans, Fredericksen, High, Eidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Eurphy, Peavey, Rigby, Solberg, Steen, Stoicheff, Sum iers, Swenson, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Saxvik. Total—i. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted the House. S. 1237 was read the third time at length, section by ection and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens Brassey, Brown, udge, Chase, Cobbs, Crookham, CrutcIer, Eghert, Ells
March 13]
worth (20), Ellsworth (30), Evans Fredericksen, High, Kidwell, Klein, Manley, Manning, killer, Mitchell, Mix, Murphy, Peavey, Rigby, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Saxvik. Total—i. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. S. 1240 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Cobbs, Crookham, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Mix, Peavey, Righy, Solberg, Steen, Summers, Swenson, Wil liams. Total—25. NAYS—Budge, Chase, Miller, Mitchell, Murphy, Stoi cheff. Total—6. Absent and excused—Brown, Crutcher, Saxvik, Yar brough. Total—4. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. S. 1242 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Saxvik. Total—i. Total—35, Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. S. 1243 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans Fredericksen, High, Kidweil, Klein, Manley, Manning, killer, Mitchell, Mix, Murphy, Peavey, Rigby, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams, Yarbrough. Total—34, NAYS-None. Absent and excused—Saxvik. Total—i. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. 5. 1226 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?”
[March 13
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Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Saxvik. Total—i. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. The President called Senator Rigby to the Chair. S. 1101, as amended, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: Bivens, Cobbs, Crutcher, Egbert, Evans, KidAYES well, Klein, Manley, Manning, Mitchell, Mix, Murphy, Sol berg, Steen. Total—i4. Allen, Barker, Bilyeu, Brown, Budge, Chase, NAYS Crookham, Ellsworth (30), Fredericksen, Miller, Peavey, Rigby, Stoicheff, Summers, Swenson, Williams, Yar brough. Total—i7. Absent and excused Brassey, Ellsworth (20), High, Saxvik. Total—4. Total—35. Whereupon the Acting President declared the bill lost and ordered it filed in the office of the Secretary of the Senate. The Acting President called Senator Bivens to the Chair. S. 1189, as amended, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brown, Budge, Cobbs, Crookham, Ellsworth (20), Ellsworth (30), Evans, Kidwell, Klein. Manning, Miller, Mix, Stoicheff, Summers, Swenson, Williams. Total—20. NAYS Chase, Egbert, Mitchell, Murphy, Rigby. Total —
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—5.
Absent and excused Brassey, Crutcher, Fredericksen, High, Manley, Peavey, Saxvik, Solberg, Steen, Yarbrough. Total—iO. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. S. 1172, as amended, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” —
Roll call resulted as follows: AYES Allen, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Ellsworth (20), Ellsworth (30), Kidwell, Klein, Miller, Mitchell Mix, Murphy, Steen, Stoi chefi’, Summers, Swenson. Total—20. —
NAYS
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None.
Absent and excused Barker, Brassey, Crutcher, Eg bert, Evans, Fredericksen, High, Manley, Manning, Peavey, Rigby, Saxvik, Solberg, Williams, Yarbrough. Total—i5. —
2
Total—35. Whereupon the Acting President declared the 1 passed. Title was approved and the bill ordered transmitted the House. H. 235 was read the third time at length, section section and placed before the Senate for final conside] tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Brown, Chase, Crookham, Miller, Mitch Mix, Murphy, Steen, Stoicheff. Total—9. NAYS Allen, Barker, Bilyeu, Bivens, Budge, Cob Ellsworth (20), Ellsworth (30), Klein, Swenson, Williar Total—li. Absent and excused Brassey, Crutcher, Egbe Evans, Fredericksen, High, Kidwell, Manley, Mannii Peavey, Rigby, Saxvik, Solberg, Summers, Yarbrou Total—i5. Total—35. Whereupon the Acting President declared the bill 1 and ordered it returned to the House. On request by Senator Steen, granted by unanimc consent, II. 83 retained its place on the Third Readi Calendar. Senator Bilyeu, having voted on the prevailing s by which H. 235 lost in the Senate, served notice, tf he may on this or the next legislative day move reconsideration of the vote. The Acting President ordered H. 235 held at the de, The Acting President called President Pro-Temp Ellsworth to the Chair. H. 242 was read the third time at length, section section and placed before the Senate for final conside: tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Budge, Cha Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), E] worth (30), Evans, Fredericksen, Kidwell, Klein, Manl Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rig Solberg, Steen, Stoicheff, Summers, Swenson, Willia Yarbrough. Total—31. NAYS—None. Absent and excused—Brassey, Brown, High, Saxv Total—4. Total—35. Whereupon the President Pro-Tempore declared I bill passed. Title was approved and the bill ordered returned the House. On motion by Senator Bivens, seconded by Sena Mix, the Senate recessed until 12:30 o’clock p.m., of t day. RECESS Afternoon Session The Senate reconvened at 12:30 o’clock p.m., pursu to recess, President Pro-Tempore Ellsworth presiding Roll call showed all members present except Senat Crutcher and Saxvik, excused. Prior to recess the Senate was at the Thirteenth Or of Business. Third Reading of Bills S. 1071, as amended in the House, was read the th time at length, section by section and placed before I Senate for final consideration, the question being, “Sli the bill pass?” —
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March 13]
SENATE JOURNAL Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, iase, Cobbs, Crookham, Eghert, Ellsworth (20), Ells )rth (30), Fredericksen Kidwell, Klein, Manley Miller, itchell, Mix, Murphy, iligby, Solberg, Stoichek, Sum rs, Williams. Total—25, NAYS—None. Absent and excused—Brassey, Crutcher, Evans High, inning, Peavey, Saxvik, Steen, Swenson, Yai4rough. tal—lO, Total—35. Whereupon the President Pro-Tempore declared the Li passed and referred it to the Judiciary and Rules mmittee for enrolling. On request by Senator Righy, granted by unanimous nsent, H. 265 retained its place on the Third Reading tiendar for one legislative day. President Pro-Tempore called Senator Kidwell to the tair. H. 148 was read the third time at length, section by tion and placed before the Senate for final considera n, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Chase, Egbert, Ellsworth (20), Fredericksen, miners, Williams. Total—6. NAYS—Allen, Barker, Bilyeu, Bivens, Brown, Budge, bbs, Crookham, Ellsworth (30), Evans, Kidwell, Manley, her, Mitchell, Mix, Murphy, Peavey, Rigby, Solberg, een, Stoicheff, Swenson, Yarbrough. Total—23. Absent and excused—Brassey, Crutcher, High, Klein, inning, Saxvik. Tota1—6. Total—35. Whereupon the Acting President declared the bill lost d ordered the bill returned to the House. On request by President Pro-Tempore Ellsworth, grantby unanimous consent, H. 93 retained its place on the ird Reading Calendar. Motion to Suspend Rules President: move that all rules of the Senate interfering with immediate passage of H. 198, as amended in the nate, be suspended; that the portions of Section 15 •ticle 3 of the Constitution of the State of Idaho re iring all bills to be read on three several days be dis nsed with, this being a case of urgency, and that H. 198, amended in the Senate, be read the first time by title, ond time by title, and third time at length, section by tion, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Evans. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Budge, Chase, bbs, Crookham, Egbert, Ellsworth (20), Ellsworth (30), ans, Kidwell, Klein, Manley, Manning, Miller, Mitchell, x, Murphy, Peavey, Rigby, Steen, Stoicheff, Summers, renson, Williams, Yarbrough. Total—28. lAYS—None. Absent and excused—Brassey, Brown, Crutcher, Fred .cksen, High, Saxvik, Solberg. Total—f. Total—35, LVIore than two-thirds having voted in the affirmative President declared the rules suspended. EL 198, as amended in the Senate, was read the first ie by title, second time by title and the third time at .
length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass ?“ Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Budge, Chase, AYES Cobbs, Crookham, Egbert, Ellsworth (20), Ehlsworth (30), Evans, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby Steen, Stoicheff, Summers, Swenson, Williams, Yarbrougli. Total—28. NAYS None. Absent and excused Brassey, Brown, Crutcher, Fred ericksen, High, Saxvik, Solberg. Total—f. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. H. 251 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Barker, Bivens, Brown, Chase, Cobbs, Crook ham, Ellsworth (20), Kidwehl, Klein, Manning, Miller, Mit chell, Mix, Murphy, Rigby, Steen, Summers. Total—if. NAYS Allen, Bilyeu, Budge, Egbert, Ellsworth (30), Evans, Stoicheff, Swenson, Williams. Total—9. Brassey, Crutcher, Frederick Absent and excused sen, High, Manley, Peavey, Saxvik, Solberg, Yarbrough. Total—9, Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. On request by Senator Summers, granted by unanimous consent, II. 264 retained its place on the Third Reading Calendar for one legislative day. On request by Senator Manning, granted by unanimous consent, H. 258 and H. 259 retained their place on the Third Reading Calendar for one legislative day. The Acting President called Senator Evans to the Chair’. H. 26, as amended, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Budge, Chase, AYES Cobbs, Crookham, Egbert, Ellsworth (20), Ellsworth (30), Evans, Klein, Manning, Miller, Mix, Murphy, Rigby, Steen, Summers, Swenson. Total—21. NAYS Stoicheff. Total—i. Absent and excused Brassey, Brown, Crutcher, Fredericksen, High, Kidwell, Manley, Mitchell, Peavey, Saxyik, Solberg, Williams, Yarbrough. Total—i3. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House, On request by President Pro-Tempore Ellsworth, grant ed by unanimous consent, II. 260 was placed before the Senate for consideration. H. 260 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” —
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SENATE JOURNAL
[March 13
Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Budge, Chase, AYES Cobbs, Crookham, Egbert, Ellsworth (20), Ellsworth (30), Evans, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—28. NAYS None. Brassey, Brown, Crutcher, Fred Absent and excused ericksen, High, Saxvik, Solberg. Total—f. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. The President returned to the Chair. On request by President Pro-Tempore Ellsworth, grant ed by unanimous consent, H. 275 was before the Senate for consideration. H. 275 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: Allen, Bilyeu, Bivens, Brown, Budge, Chase, AYES Cobbs, Ellsworth (20), Ellsworth (30), Evans, Klein, Manning, Mitchel1, Mix, Murphy, Rigby, Steen, Swenson. Total—18. NAYS Manley, Miller, Stoicheff, Summers. Total—4. Barker, Brassey, Crookham, Absent and excused Crutcher, Egbert. Fredericksen, High, Kidwell, Peavey, Saxvik, Solberg, Williams, Yarbrough. Total—13. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 201, as amended, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES Bilyeu, Chase, Fredericksen, Miller, Mix, Murphy, Stoicheff. Total—f. Allen, Barker, Bivens, Brown, Budge, Cobbs, NAYS Crookham, Ellsworth (20), Ellsworth (30), Evans, Manley, Manning, Mitchell, Rigby, Solberg, Steen, Swenson, Wil liams. Total—18. Brassey, Crutcher, Egbert, High, Absent and excused Kidwell, Klein, Peavey, Saxvik, Summers, Yarbrough. Total—lO. Total—35. Whereupon the President declared the bill lost and ordered it returned to the House. Senator Manning, having voted on the prevailing side by which H. 201, as amended, lost in the Senate, served notice that he may on this or the next legislative day move for reconsideration of the vote. The President ordered H. 201, as amended, held at the desk. Senator Brown, having voted on the prevailing side, moved that the vote by which H. 201, as amended, lost in the Senate be now reconsidered. —
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lock the doors permitting no Senator or the President leave or enter the Senate Chamber. The Sergeant-at-An was instructed to find and present any absent memb to the Senate. Roll call showed all members present except Senatc Brassey, Crutcher, Egbert, High, Klein, Miller, PeavE Saxvik, Solberg and Yarbrough, excused. On request by Senator Evans, granted by unanime consent, the Call of the Senate was lifted. The question being, “Shall the vote by which H. 2 as amended, lost in the Senate be now reconsidered?” The President declared the motion passed and H. 201, amended, was before the Senate for consideration. Senator Chase requested unanimous consent that H. 2 as amended, be placed on the Fourteenth Order of Bu ness, General Calendar, for amendment. Senator Williams objected. On motion by Senator Chase, seconded by Senator M chell, H. 201, as amended, was placed on the Fourteer Order of Business, General Calendar, for amendment. There being no objection H. 93, H. 83 and H. 252 WE retained on the Third Reading Calendar. There being no objection, the Senate returned to I Sixth Order of Business. Reports of Standing Committees March 13, 1971 The JUDICIARY AND RULES Committee reports ti Senate amendments to S. 1222, Senate amendments S. 1225 and Senate amendments to H. 219 have been c rectly printed. KLEIN, Chairman March 13, 1971 The JUDICIARY AND RULES Committee reports U S. 1225, as amended, has been correctly engrossed. KLEIN, Chairman S. 1225, as amended, was filed for first reading. March 13, 1971 The JUDICIARY AND RULES Committee repo that S. 1246 and S.C.R. 115 have been correctly printed
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Seconded by Senator Bivens. Call of the Senate was requested by Senators Chase, Miller and Stoicheff. Whereupon the President ordered the doorkeepers to
KLEIN, Chairman S. 1246 was referred to the Labor and Economic I velopment Committee. S.C.R. 115 was referred to the Tenth Order of BusinE Motions and Resolutions, and ordered held at the desk two legislative days. March 13, 1971 The FINANCE Committee reports out H. 206, H. 2 H. 293, H. 294, H. 295, H. 296, II. 297, H. 298, H. 2 H. 300, H. 301 and H. 302 with the recommendation t] they do pass. HIGH, Chairman H. 206, H. 282, H. 293, H. 294, H. 295, H. 296, H. 2 H. 298, H. 299, H. 300, H. 301 and H. 302 were filed second reading. March 13, 1971 The STATE AFFAIRS Committee reports out H. with the recommendation that it be referred to the Lo Government and Taxation Committee. SUMMERS, Chairman
SENATE JOURNAL El. 277 was referred to the Local Government and Taxa in Committee. March 13, 1971. The JUDICIARY AND RULES Committee reports out 276 with the recommendation that it do pass. KLEIN, Chairman. II. 276 was filed for second reading. On request by Senator Kidwell, granted by unanimous nsent, the Senate advanced to the Ninth Order of Busi Messages from the House March 13, 1971. President: C transmit herewith H. 266, H. 310, H. 311, H. 312, 314, H. 280, H. 281 and H. 317 which have passed the FITZWATER, Chief Clerk. H. 266, H. 310, H. 311, H. 312, H. 314, H. 280, H. 281 d H. 317 were filed for first reading. March 13, 1971. President: transmit herewith Enrolled H. 150, H. 76, H. 190, amended, H. 218, as amended in the Senate, H. 241, amended in the Senate, and H. 200 which have been ned by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign Enrolled 150, H. 76, H. 190, as amended, H. 218, as amended the Senate, H. 241, as amended in the Senate, and 200, and, when so signed, ordered them returned to House. March 13, 1971. President: return herewith Enrolled S. 1007, as amended, as iended in the House, S. 1183, as amended in the the House, S. 1030, as amended, as amended in the use, and S. 1078, as amended, as amended in the House, ich have been signed by the Speaker. FITZWATER, Chief Clerk. E2nrolled S. 1007, as amended, as amended in the House, 1183, as amended in the House, S. 1030, as amended, amended in the House, and S. 1078, as amended, as ended in the House, were referred to the Judiciary and leg Committee for transmittal to the Governor. 3n request by Senator Kidwell, granted by unanimous isent, the Senate advanced to the Eleventh Order of siness. Introduction, First Reading and Reference of Bills S. 1254 By JUDICIARY AND RULES COMMITTEE AN ACT \mending Senate Bill No. 1212 of the First Regular sion of the Forty-first Legislature of the State of iho relating to development of water resources in uthwest Idaho by amending Section 2 to include refer e to construction of facilities for generation of power the Idaho Water Resource Board subject to the con tutional limitation requiring wholesaling of such power the site of production and permitting negotiations and cution of such contracts with private companies or ier entities, public or private and by amending Section o conform.
March 131
S. 1255 By JUDICIARY AND RULES COMMITTEE AN ACT Relating to nonresident hunters and fishermen by au thorizing the Idaho Fish and Game Commission to estab lish limits annually as to the number of each kind of nonresident licenses to be sold and the participation by nonresidents in controlled hunts; and declaring an emer gency. S. 1256 By FINANCE COMMITTEE AN ACT Appropriating moneys from the funds enumerated to the Law Enforcement Planning Commission and prescrib ing major programs and expenditure classifications of the appropriation for the period July 1, 1971 through June 30, 1972. S. 1257 By FINANCE COMMITTEE AN ACT Appropriating moneys from the funds enumerated to the Idaho School for the Deaf and Blind and prescribing major programs and expenditure classifications of the appropriation for the period July 1, 1971 through June 30, 1972. S. 1258 By FINANCE COMMITTEE AN ACT Appropriating moneys from the funds enumerated to the Department of Parks and prescribing major programs and expenditure classifications of the appropriation for the period July 1, 1971 through June 30, 1972.
S. 1259 By FINANCE COMMITTEE AN ACT Appropriating moneys from the fund enumerated to the Board of Tax Appeals and prescribing major pro grams and expenditure classifications of the appropria tion for the period July 1, 1971 through June 30, 1972. S. 1260 By FINANCE COMMITTEE AN ACT Appropriating moneys from the fund enumerated to the Multi-State Tax Compact Advisory Committee and prescribing major programs and expenditure classifica tions of the appropriation for the period July 1, 1971 through June 30, 1972. S. 1261 By FINANCE COMMITTEE AN ACT Appropriating moneys out of the fund enumerated to the Idaho Nuclear Energy Commission and prescribing major programs for the period July 1, 1971 through June 30, 1972. S. 1254, S. 1255, S. 1256, S. 1257, S. 1258, S. 1259, S. 1260 and S. 1261 were introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. S. 1225, as amended, by Judiciary and Rules Committee was read the first time at length and filed for second read ing. H. 266, by Revenue and Taxation Committee, was intro duced and read the first time at length. Moved, by Senator Kidwell, seconded by Senator Sum mers, that H. 266 be referred to the Twelfth Order of Business, Second Reading Calendar. The President announced this being a suspension of Senate Rule 14, a 2/3 majority vote was necessary.
SENATE JOURNAL
[March 15
Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brown, Budge, AYES Cobbs, Crookham, Eflsworth (20) Ellsworth (30), Evans, Kidwell, Klein, Manning, Mitchell, Mix, Murphy, Steen, Stoicheff, Summers, Swenson. Total—21. Chase, Egbert, Fredericksen, Miller, Rigby, NAYS Solberg. Total—6. Brassey, Crutcher, High, Man Absent and excused ley, Peavey, Saxvik, Williams, Yarbrough. Total—8. Total—35. More than two-thirds having voted in the affirmative the President ordered H. 266 referred to the Twelfth Order of Business, Second Reading Calendar. H. 310, H. 311, II. 312, H. 314, H. 280, II. 281 and H. 317, by Appropriations Committee were introduced, read the first time and referred to the Finance Committee. On request by Senator Bivens, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business Senator Mix arose on a point of personal privilege to introduce former Senator Harold Lough from Latah County who spoke a few words to the members and guests of the Senate. The President thanked and welcomed the former Senator to the Senate Chamber. On motion by President Pro-Tempore Ellsworth, sec onded by Senator Mix, the Senate adjourned until 10:00 o’clock a.m., Monday, March 15, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary. —
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SIXTY-FOURTH LEGISLATIVE DAY MONDAY, MARCH 15, 1971 Senate Chamber, Boise, Idaho, March 15, 1971. President Murphy called the Senate to order at 10:00 o’clock a.m. Roll call showed all members present. The following prayer was offered by Chaplain Newell Morgan: Our God and Father, and the Father of those past who helped to shape and form this nation, give us today a great understanding of all things that have contributed to the formation of our freedom and self-government. We thank Thee for the great people and their great deeds that have assured to us this freedom. Guide us to be constant in the use of and protection of our freedom. Guide this day, this week all who within this State Government seek to form laws and make decisions that protect and advance this self-government. Bless these who this week within this Chamber shall seek to make full their responsibility to those they represent across the state. Give them strength and wisdom. In Christ’s Name, Amen. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Thursday, March 11, 1971 was read and approved as corrected. KLEIN, Report adopted. Chairman.
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Reports of Standing Committees March 15, 1971. The STATE AFFAIRS Committee reports that the: have had under consideration the Gubernatorial appoint ment of J. P. Munson, M.D. of Sandpoint to a five yea term to the State Board of Education and to the Boar of Regents of the University of Idaho, commencing Marc 1, 1971 and recommends that this appointment be cor firmed by the Senate. SUMMERS, Chairman. The report was referred to the Tenth Order of Busines Motions and Resolutions, and held at the desk for on legislative day. March 15, 1971. The JUDICIARY AND RULES Committee reports ths S. 1071, as amended in the House, S. 1072, S. 1083, S. 109 S. 1109, as amended, S. 1121, S. 1122, S. 1129, S. 114( S. 1145, S. 1151, S. 1197 and S.C.R. 113 have been coi rectly enrolled. KLEIN, Chairman. The President announced he was about to sign Enrolle S. 1071, as amended in the House, S. 1072, 5. 1083, S. 109 S. 1109, as amended, S. 1121, S. 1122, S. 1129, S. 114 S. 1145, S. 1151, S. 1197 and S.C.R. 113, and, when s signed, ordered them transmitted to the House for tli signature of the Speaker. March 15, 1971. The LABOR AND ECONOMIC DEVELOPMENT Con mittee reports out H. 191 with the recommendation thi it be placed on the Fourteenth Order of Business, Generi Calendar, for amendment. ELLSWORTH (30), Chairman. II. 191 was placed on the General Calendar for amenc ment. March 15, 1971. The JUDICIARY AND RULES Committee reports thi S. 1247, S. 1248, S. 1249, S. 1250, S. 1251, S. 1252, S. 125 S. 1254, S. 1255, S. 1256, S. 1257, S. 1258, S. 1259, S. 126 and S. 1261 have been correctly printed. KLEIN, Chairman. S. 1247 was referred to the Resources and Environmer Committee. S. 124$ was referred to the Transportation Committe S. 1249, S. 1250, 5. 1251, 5. 1252 and S. 1253 wex referred to the Finance Committee. S. 1254 and S. 1255 were referred to the Resources an Environment Committee. S. 1256, S. 1257, S. 1258, S. 1259, S. 1260 and S. 126 were referred to the Finance Committee. March 15, 1971. The STATE AFFAIRS Committee reports out H. 24 with the recommendation that it do pass. SUMMERS, Chairman. H. 243 was filed for second reading. March 15, 1971. The HEALTH, EDUCATION AND WELFARE Con mittee reports out H. 97 with the recommendation thi it be referred to the Transportation Committee. BARKER, Chairman. H. 97 was referred to the Transportation Committe Motions and Resolutions On request by Senator Kidwell, granted by unanimoi
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SENATE JOURNAL
onsent, S.J.R. 108 and H.C.R. 12 retained their place on he Tenth Order of Business, Motions and Resolutions, or one legislative day. The President announced the State Affairs Committee eport relative to the Gubernatorial appointments was efore the Senate for consideration. On motion by Senator Murphy, seconded by Senator Kid tell, the Gubernatorial appointment of Mr. Clifford Rink y, to the Board of Aeronautical Directors, was confirmed. On motion by Senator Allen, seconded by Senator Crut her, the Gubernatorial appointment of Mr. Richard Bauer, the Board of Aeronautical Directors, was confirmed. On motion by Senator Barker, seconded by Senator rutcher, the Gubernatorial appointment of Mr. Warren arry, to the Board of Aeronautical Directors, was con rmed. On motion by Senator Stoicheff, seconded by Senator idwell, the Gubernatorial appointment of Mr. Archie ager, to the Board of Aeronautical Directors, was con rmed. On motion by Senator Summers, seconded by Senator lurphy, the Gubernatorial appointment of Mr. George ooke, to the Board of Aeronautical Directors, was con rmed. Moved by Senator Evans, seconded by Senator Bivens, hat the Gubernatorial appointment of Mr. Oscar Arstein s Commissioner of the Department of Agriculture be onfirmed. Roll call vote was requested by Senators Allen, Ells rorth (30) and Williams. The question being, “Shall the motion pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES hase, Cobbs, Crutcher, Egbert, Ellsworth (20), Ells rorth (30), Evans, Fredericksen, High, Kidwell, Klein, lanley, Manning, Mitchell, Mix, Murphy, Peavey, Rigby, axvik, Solberg, Steen, Stoicheff, Summers, Swenson, Villiams, Yarbrough. Total—32. Crookham. Total—i. NAYS Absent and excused Budge, Miller. Total—2. Total—35. Whereupon the President declared the motion passed and e Gubernatorial appointment of Mr. Oscar Arstein as ommissioner of the Department of Agriculture was con rmed. The President directed the Secretary of the Senate to repare a list, for his signature, of the Gubernatorial ppointment confirmations, attested to by the Secretary, to e transmitted to the Governor informing him of the ction of the Senate. On motion by Senator Fredericksen, seconded by Senator ;ivens, S.J.M. 110 was adopted, title approved and the yemorial ordered transmitted to the House.
March 16]
Manning, Miller, Mitchell, Mix, Murphy, Saxvik, Stoicheff. Total—12. NAYS Allen, Barker, Bilyeu, Bivens, Brassey, Chase, Cobbs, Egbert, Ellsworth (20), Ellsworth (30), Frederick sen, High, Klein, Peavey, Rigby, Solberg, Steen, Swenson, Williams, Yarbrough. Total—20. Absent and excused Budge, Kidwell, Summers. Total —3. Total—35. Whereupon the President declared the bill lost and ordered it returned to the House. On request by President Pro-Tempore fllsworth, grant ed by unanimous consent, S.C.R. 115 was placed before the Senate for consideration at this time. Moved by Senator Swenson, seconded by Senator Mur phy, that S.C.R. 115 be adopted. The question being, “Shall the resolution be adopted?” —
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Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brown, Cobbs, Crookham, Crutcher, Egbert. Ellsworth (20), Ellsworth (30), Evans, Fredericksen, Kidwell, Klein, Manley, Man ning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Sax vik, Solberg, Steen, Stoicheff, Summers, Swenson, Wil liams, Yarbrough. Total—31. —
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Brassey, Budge, Chase, High.
Whereupon the President declared S.C.R. 115 adopted, title was approved and the resolution ordered transmitted to the House.
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Senator Bilyeu, having previously served proper notice, ioved that the vote by which H. 235 lost in the Senate, e now reconsidered. Seconded by Senator Crookham. The question being, “Shall the motion pass?” The President declared the motion passed and H. 235 ras before the Senate for consideration. H. 235 was read the third time at length, section by action and placed before the Senate for final considera on, the question being, “Shall the bill pass ?“ Roll call resulted as follows: AYES Brown, Crookham, Crutcher, Evans, Manley, —
Introduction, First Reading aad Reference of Bills S. 1262 By FINANCE COMMITTEE AN ACT Amending Section 40-405, Idaho Code, relating to dis tribution of the State Highway Fund, by striking the provisions relating to distribution of part of the fund to cities, and providing for distribution of part of the fund to counties; amending Section 2 of Chapter 7, First Extraordinary Session, Thirty-ninth Legislature of the State of Idaho, as amended by Section 1 of Chapter 227, Laws of 1969, by striking the expiration date; amend ing Section 6 of Chapter 4, First Extraordinary Session, Thirty-ninth Legislature of the State of Idaho, as amended by Section 1 of Chapter 228, Laws of 1969, by striking the expiration date; amending Chapter 12, Title 49, Idaho Code, by adding a new Section 49-1210A, Idaho Code, to provide for partial allocation of an excise tax on motor fuels to cities; amending Chapter 12, Title 49, Idaho Code, by adding a new Section 49-1231A, Idaho Code, to provide for partial allocation of an excise tax on motor fuels to cities; amending Section 49-1241, Idaho Code, relating to disposition of funds, to provide an exception to the disposition of funds; and providing an effective date. S. 1262 was introduced. Senator Kidwell inquired, with reference to S. 1262, as to whether it was constitutional for the Senate to originate a revenue raising bill. The President announced a temporary ruling of the Judiciary and Rules Committee that since S. 1262 ap pears to be a revenue raising bifi, it is not constitutional, therefore, not acceptable, and ordered the bill held at the desk pending a further ruling from the Judiciary and Rules Committee.
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LMarch 15
S. 1263 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 67-2407, Idaho Code, relating to special qualifications required of certain officers, by pro viding that the Commissioner of Insurance may qualify by serving for five years in an executive capacity in an investments or securities business; and declaring an emer gency. S. 1263, was introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. Second Reading of Bills H. 34 and II. 247, by Revenue and Taxation Committee, were read the second time at length and filed for third reading. H. 219, as amended in the Senate, by Ways and Means Committee, was read the second time at length and filed for third reading. Senator Brassey requested unanimous consent that the rules be suspended, and that H. 219, as amended in the Senate, be placed on the Third Reading Calendar for time certain of 2:00 o’clock p.m. of this day, for con sideration. There being no objection, it was so ordered. H. 206, H. 282, H. 293, H. 294, H. 295, H. 296, H. 297, H. 298, H. 299, H. 300, H. 301 and H. 302, by Appropria tions Committee, were read the second time at length and filed for third reading. H. 276, by Ways and Means Committee, was read the second time at length and filed for third reading. S. 1225, as amended, by Judiciary and Rules Committee, was read the second time at length and filed for third reading. H. 266, by Revenue and Taxation Committee, was read the second time at length and filed for third reading. Third Reading of Bills On request by Senator Brown, granted by unanimous consent, H. 34 was placed at the head of the Third Read ing Calendar, with S. 1238 to follow for Tuesday, March 16, 1971. S. 1203 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Ellsworth (20), Evans Fred ericksen, High, Kidwell, Klein, Manley, Miller, Ifitchell, Mix, Murphy, Peavey, Saxvik, Steen, Summers. Total—24. Barker, Bilyeu, Ellsworth (30), Manning, NAYS Rigby, Solberg, Stoicheff, Swenson, Williams. Total—9. Absent and excused—Egbert, Yarbrough. Total—2. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. Senator Cobbs, having voted on the prevailing side by which S. 1203 passed in the Senate served notice that he may, on this or the next legislative day move for recon sideration of the vote. Senator Murphy, having voted on the prevailing side by which S. 1203 passed in the Senate, moved that the vote be now reconsidered. Seconded by Senator Crutcher. Roll call vote was requested by Senators Murphy, Crutcher and Evans. —
The question being, “Shall the motion pass?” Roll call resulted as follows: AYES—Barker, Bilyeu, Brassey, Brown, Cobbs, Egber Ellsworth (30), Kidwell, Manley Manning, Peavey, Rigb; Solberg, Stoicheff, Summers, wenson, Williams, Ya brough. Total—18. NAYS—Allen, Bivens, Budge, Chase, Crookham, Crutci er, Ellsworth (20), Evans, Fredericksen, High, Klei Miller, Mitchell, Mix, Murphy, Saxvik, Steen. Total—i Total—35. Whereupon the President declared the motion passe and S. 1203 was before the Senate for reconsideratiot On motion by President Pro-Tempore Ellsworth, se onded by Senator Mix, the Senate recessed until 2:C o’clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 2:00 o’clock p.m., pursuai to recess, President Murphy presiding. Roll call showed all members present. Prior to recess the Senate was at the Thirteenth Ord of Business. Third Reading of Bills The President announced that the time certain of 2:( o’clock p.m. having arrived, H. 219, as amended in tl Senate, was now before the Senate for consideration. Call of the Senate was requested by Senators Summer Bivens and Crookham. Whereupon the President ordered the doorkeepers lock the doors permitting no Senator or the President leave or enter the Senate Chamber. The Sergeant-at Am was instructed to find and present any absent members the Senate. Roll call showed Senators Bilyeu, Bivens, Crutcher, E bert, Evans, Fredericksen, Manley, Miller, Mix, Murph Saxvik and Solberg, absent. The Sergeant-at-Arms reported that all members we: now present in the Senate Chamber. On request by President Pro-Tempore, granted l unanimous consent, the Call of the Senate was lifted. H. 219, as amended in the Senate, was read the thi: time at length, section by section and placed before t] Senate for final consideration, the question being, “Sh the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Budg AYES Cobbs, Crookham, Cmtcher, Evans, High, Kidwell, Klei Manley, Manning, Miller, Mitchell, Mix, Murphy, Peave Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swe son. Total—27. NAYS Brown, Chase, Egbert, Ellsworth (20), El] worth (30), Fredericksen, Williams, Yarbrough. Total— Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to t House. On request by Senator Cobbs, granted by unanimo consent, S. 1203 was placed on the Fourteenth Order Business, General Calendar. S. 1239 was read the third time at length, section section and placed before the Senate for final consider tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brow —
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udge, Chase, Cobbs, Crookham, Crutcher, Ellsworth (30), vans, Fredericksen, High, Kidwell, Manley, Manning, itchell, Mix, Murphy, Peavey, Rigby, Steen, Stoicheff, ummers, Swenson, Williams, Yarbrough. Total—29. None. NAYS Egbert, Ellsworth (20), Klein, Absent and excused Iiller, Saxvik, Solberg. Total—6. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to he House. On request by Senator Barker, granted by unanimous onsent, H. 93 was placed following S. 1238 on the Third eading Calendar. The President called Senator High to the Chair. S. 1105, as amended in the House, was read the third ime at length, section by section and placed before the enate for final consideration, the question being, “Shall he bill pass?” —
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Roll call resulted as follows: Allen, Barker, Bilyeu, Brassey, Brown, Budge, AYES hase, Cobbs, Crookham, Crutcher, Ellsworth (30), Evans, ‘redericksen, High, Kidwell, Manley, Manning, Miller, litchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, teen, Stoicheff, Summers, Swenson, Williams, Yar rough. Total—Si. None. NAYS Bivens, Egbert, Ellsworth (20), Absent and excused ]ein. Total—4. Total—35. Whereupon the Acting President declared the bill passed nd ordered it referred to the Judiciary and Rules Corn ñttee for enrolling. S. 1176, as amended, was read the third time at length, ection by section and placed before the Senate for final Dnsideration, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: Barker, Bilyeu, Brassey, Brown, Chase, Cobbs, AYES rookham. Crutcher, Egbert, Ellsworth (30), Evans, Fred ricksen, High, Kidwell, Manley, Manning, Miller, Mithell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, teen, Stoicheff, Summers, Swenson, Williams, Yarbrough. otal—30. NAYS Allen. Total—i. Bivens, Budge, Ellsworth (20), Absent and excused Jein. Total—4. Total—35. Whereupon the Acting President declared the bill assed. Title was approved and the bill ordered transmitted to ie House. S. 1245 was read the third time at length, section by ction and placed before the Senate for final considera on, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Cobbs, gbert. High, Kidwell, Manley, Manning, Mix, Murphy, eavey, Rigby, Solberg, Steen, Stoicheff, Summers. Total —i9. NAYS Brown, Budge, Crutcher, Ellsworth (30), redericksen, Miller, Mitchell, Saxvik, Swenson, Williams, arbrough. Total—li. Absent and excused Chase, Crookham, Ellsworth (20), vans, Klein. Total—5. —
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March 151
Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. H. 83 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brown, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (30), Evans, Fredericksen, High, Kidwell, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total —29. NAYS Budge. Total—i. Absent and excused Chase, Ellsworth (20), Klein,, Solberg. Total—5. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. II. 265 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (30), Evans, Fredericksen, High, Kidwell, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby. Saxvik, Sol berg, Steen, Stoicheff, Summers, Swenson, Williams, Yar brough. Total—32. NAYS None. Absent and excused Brown, Ellsworth (20), Klein. Total—3. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. On request by Senator Kidwell, granted by unanimous consent, the Senate recessed until 4:00 o’clock p.m. of this day. —
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RECESS The Senate reconvened at 4:00 o’clock p.m., pursuant to recess, Acting President High presiding. Roll call showed all members present. Prior to recess the Senate was at the Thirteenth Order of Business. Third Reading of Bills On request by Senator Kidwell, granted by unanimous consent, H. 264 was placed at the foot of the Third Read ing Calendar. On request by Senator Kidwell, granted by unanimous consent, II. 256 was recommitted to the Transportation Committee. H. 258 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Ellsworth (30), Fredericksen, High, Klein, Manley, Manning, Miller, Mitchell, Murphy, —
SENATE JOURNAL
[March 15
Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Swen son, Williams, Yarbrough. Total—27. None. NAYS Absent and excused Allen, Brassey, Egbert, Illsworth (20), Evans, Kidwell, Mix, Summers. Total—8. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 259 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the hill pass?” —
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Roll call resulted as follows: Barker, Bilyeu, Bivens, Brown, Budge, Chase, AYES Cobbs, Crookham, Crutcher, Ellsworth (30), Fredericksen, High, Klein, Manley, Manning, Miller, Mitchell Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Swenson, Williams, Yarbrough. Total—27. None. NAYS Absent and excused Allen, Brassey, Egbert, Illsworth (20), Evans, Kidwell, Mix, Summers. Total—8. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the Rouse. H. 252 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” —
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section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Illsworth (30), Evans, High, Kidwell, Klein, Manley, Man ning, Miller, Mitchell, Mix, Murphy, Rigby, Saxvik, Sotberg, Steen, Stoicheff, Summers, Swenson, Williams. Total —30. NAYS—None. Absent and excused Brassey, Brown, Fredericksen, Peavey, Yarbrough. Total—5. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 271 was read the third time at length, section b section and placed before the Senate for final considera. tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Budge, Cobbs, Crookham, Egbert, Ellsworth (20), Ellsworth (30) Fred sricksen, High, Kidwell, Manning, Miller Mitchell, Mix, Peavey, Rigby, Saxvik, Solberg, Steen, toicheff, Swen son, Williams, Yarbrough. Total—26. NAYS—Brown, Chase, Crutcher, Klein, Manley, Mur phy. Total—6. Absent and excused—Brassey, Evans, Summers. Total —3. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 179 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Budge, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (30), Evans, High, [Cidwell, Klein, Manley, Manning, Miller, Mitchell, Mix Peavey, Rigby, Solberg, Steen, Stoicheff, Swenson. Total —25. NAYS—Brown, Saxvik, Williams, Yarbrough. Total—4. Absent and excused—Brassey, Chase, Ellsworth (20), Fredericksen, Murphy, Summers. Total—6. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 270 was read the third time at length, section by
Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Illsworth (30), Evans, High, Kidwell, Klein, Manley, Manning Miller, Mitchell, Mix, Murphy, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams. Total—SO. NAYS None. Absent and excused Brassey, Brown, Fredericksen Peavey, Yarbrough. Total—5. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to thE House. H. 284 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Budge, Cobbs, Crook ham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), High, Klein, Manley, Miller, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Wil liams. Total—25. NAYS—None. Absent and excused Allen, Brassey, Brown Chase, Evans, Fredericksen, Kidwell, Manning, Mitchell, Yar brough. Total—lO. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 285 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Budge, Cobbs, Crook ham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), High Klein, Manley, Miller, Mix, Murphy, Peavey, Rigby, Saxv;k, Solberg, Steen, Stoicheff, Summers, Swenson, Wil liams. Total—25. —
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March 16]
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Evans, Fredericksen, Kidwell, Manning, Mitchell, Yar brough. Total—lO. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 286 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Budge, Cobbs, Crook ham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), High, Klein, Manley, Miller, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Wil liams. Total—25. NAYS—None. Allen, Brassey, Brown Chase, Absent and excused Evans, Fredericksen, Kidwell, Manning, Mitchell, Yar brough. Total—lO. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. II. 290 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass ?“ —
Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crooltham, Crutcher, Ellsworth (30), Evans High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoichefi’, Summers, Swenson. Total—28. NAYS—None. Absent and excused—Allen, Brassey, Egbert, Ellsworth (20), Fredericksen, Williams, Yarbrough. Total—7. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. II. 216, as amended, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: Barker, Bilyeu, Bivens, Brassey, Brown, Chase, AYES Cobbs, Crookham, Crutcher, Egbert, Ellsworth (30), Evans, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Rigby, Solberg, Steen, Stoicheff, Summers, Williams. Total—27. None. NAYS Allen, Budge, Ellsworth (20), Absent and excused Fredericksen, Peavey, Saxvik, Swenson, Yarbrough. Total —
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Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 149, as amended, as amended in the Senate, was read the third time at length, section by section and placed be fore the Senate for final consideration, the question being, “Shall the bill pass?”
Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Manley, Man ning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Sax vik, Steen, Stoicheff, Summers, Swenson, Williams, Yar brough. Total—31. Solberg. Total—i. NAYS Budge, Kidwell, Klein. Total—3. Absent and excused Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. The President returned to the Chair. H. 272 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brown, Chase, AYES Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ells worth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Wil liams, Yarbrough. Total—32. NAYS None. Brassey, Budge, Manning. Tota] Absent and excused —3. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to thE House. II. 264 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Chase, Cobbs Crookham, Crutcher, Egbert, Ellsworth (20), Ellswortl] (30), Evans, Fredericksen, Kidwell, Klein, Manley, Man ning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Sax vik, $olberg, Steen, Stoicheff, Summers, Swenson, Wil liams. Tota1—30. NAYS Yarbrough. Total—i. Absent and excused Brassey, Brown, Budge, High Total—4. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned t the House. Senator Kidwell requested unanimous consent that H 266 be placed at the head of the Third Reading Calendai for Tuesday, March 16, 1971. Senator Egbert objected. Moved by Senator Kidwell, seconded by Senator Mitchel] that H. 266 be placed at the head of the Third Reading Calendar for Tuesday, March 16, 1971. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Cobbs, Crook ham, Ellsworth (20) Ellsworth (30), Kidwell, Klein, Manning, Miller, Mitchell, Murphy, Peavey, Saxvik, Stof cheff, Summers, Swenson, Williams, Yarbrough. Total—2i, NAYS Chase, Crutcher, Egbert, Evans, Frederick sen, Manley, Mix, Rigby, Solberg, Steen. Total—iO. —
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[March 16
Brassey, Brown, Budge, High. Absent and excused Total—4. Total—35. More than 2/3 majority having voted in the affirmative bhe President declared the motion passed and ordered H. 66 placed at the head of the Third Reading Calendar for Tuesday, March 16, 1971. Pursuant to Senate Rule 14-E. Senator Stoicheff called or H. 143 to be reported forthwith from the Resources and Environment Committee. The President directed the Resources and Environment Committee to report out H. 143 at the Sixth Order of Business, Reports of Standing Committees, Tuesday, £vtarch 16, 1971. There being no objection the Senate returned to the Sixth Order of Business. —
Reports of Standing Committees The JUDICIARY AND RULES Committee reports that Enrolled S. 1007, as amended, as amended in the House, S. 1030, as amended, as amended in the House, S. 107$, as amended, as amended in the House, and S. 1183, as amended in the House, were delivered to the Governor at 12:00 o’clock noon, on March 15, 1971. KLEIN, Chairman. The JUDICIARY AND RULES Committee reports that S.J.R. 101 was delivered to the Secretary of State at 12:00 o’clock noon, on March 15, 1971. KLEIN, Chairman. The President ordered the reports filed in the office of the Secretary of the Senate. March 15, 1971. The JUDICIARY AND RULES Committee reports that S. 1051, as amended in the House, and 5. 1222, as amend ed, have been correctly engrossed. KLEIN, Chairman. S. 1051, as amended in the House, and S. 1222, as amended, were filed for first reading. On request by Senator Crutcher, granted by unanimous onsent, S. 1222, as amended, was referred to the Tenth Order of Business, Motions and Resolutions. March 15, 1971. The RESOURCES AND ENVIRONMENT Committee reports out H. 87 with the recommendation that it do pass. WILLIAMS, Chairman. March 15, 1971. The RESOURCES AND ENVIRONMENT Committee reports out H. 69 without recommendation. WILLIAMS, Chairman. H. 87 and H. 69 were filed for second reading. March 15, 1971. The RESOURCES AND ENVIRONMENT Committee reports out H. 55 with the recommendation that it be referred to the Fourteenth Order of Business, General Ca,lendar, for amendment. WILLIAMS, Chairman. H. 55 was placed on the General Calendar for amend ment. March 15, 1971. The FINANCE Committee reports out H. 280, H. 281,
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H. 310, H. 311, H. 312, II. 314 and H. 317 with the recom mendation that they do pass. HIGH, Chairman. H. 280, H. 281, H. 310, H. 311, II. 312, H. 314 and H. 317 were filed for second reading. March 15, 1971. The LOCAL GOVERNMENT AND TAXATION Com mittee reports out H. 303 with the recommendation that it be referred to the Fourteenth Order of Business, Gem. eral Calendar, for amendment. BROWN, Chairman. H. 303 was placed on the General Calendar for amend ment. March 15, 1971. The LOCAL GOVERNMENT AND TAXATION Com. mittee reports out H. 304, II. 289 and H. 189 with the recommendation that they do pass. BROWN, Chairman. H. 304, H. 289 and H. 189 were filed for second reading, March 15, 1971. The LABOR AND ECONOMIC DEVELOPMENT Com mittee reports out 5. 1246 with the recommendation that it be referred to the State Affairs Committee. ELLSWORTH (30), Chairman. S. 1246 was referred to the State Affairs Committee. March 15, 1971. The FINANCE Committee reports out S. 1250, 5. 1251, S. 1252, S. 1253, S. 1256, S. 1257, S. 1258, S. 1259, 5. 126C and 5. 1261 with the recommendation that they do pass; HIGH, Chairman. March 15, 1971. The LOCAL GOVERNMENT AND TAXATION Com mittee reports out H. 248 without recommendation. BROWN, Chairman. March 15, 1971. The JUDICIARY AND RULES Committee reports out H. 105 without recommendation. KLEIN, Chairman. S. 1250, S. 1251, S. 1252, S. 1253, 5. 1256, 5. 1257 S. 1258, 5. 1259, 5. 1260, S. 1261, H. 248 and II. 105 were fifed for second reading. On request by Senator Bivens, granted by unanimouc consent, the Senate advanced to the Ninth Order oi Business. Messages from the House March 15, 1971. Mr. President: I transmit herewith Enrolled H. 202, II. 244, H. 181 H. 180, as amended, H. 182, II. 107, as amended, H. 24 and H. 96, as amended, as amended in the Senate, whic have been signed by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign Enrollec H. 202, H. 244, H. 181, H. 180, as amended, H. 182, H. 107 as amended, H. 242 and H. 96, as amended, as amended ir the Senate, and when so signed, ordered them returned tc the House. March 15, 1971. Mr. President: I return herewith Enrolled S. 1197, S. 1151, S. 1145
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1140, S. 1129, S. 1122, S. 1121, S. 1109, as amended, 1092, S. 1083, S.C.R. 113, S. 1072 and S. 1071, as amend d in the House, which have been signed by the Speaker. FITZWATER, Chief Clerk. Enrolled S. 1197, S. 1151, S. 1145, 5. 1140, 5. 1129, 1122, 5. 1121, S. 1109, as amended, S. 1092, 5. 1083, 1072 and S. 1071, as amended in the House, were refer ed to the Judiciary and Rules Committee for transmit bal to the Governor. Enrolled SC.R. 113 was referred to the Judiciary and Rules Committee for transmittal to the Secretary of State. On request by Senator Bivens, granted by unanimous onsent, the Senate advanced to the Eleventh Order of Business. Introduction, First Reading and Reference of Bills 5. 1264 By HEALTH, EDUCATION AND WELFARE COMMITTEE ANACT Amending Chapter 103, Laws of 1971, relating to teacher negotiations; amending Section 3 thereof by providing that trustees who serve as negotiators shall be entitled to reasonable compensation; amending Section 5 thereof by providing that all negotiations, including mediation and fact 1lnding, shall be completed by May 15 prior to the contract year; and providing an effective date. S. 1264 was introduced, read the first time at length and referred to the Judiciary and Rules Committee for print ng. S. 1051, as amended in the House, by Murphy, Crookham, Swenson, Fredericksen, Mix, Mitchell, Miller, Evans and Crutcher, was read the first time at length and filed or second reading. On request by Senator Bivens, granted by unanimous onsent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec Dnded by Senator Crutcher, the Senate adjourned until :30 o’clock a.m., Tuesday, March 16, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary. . .
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SIXTY-FIFTH LEGISLATIVE DAY TUESDAY, MARCH 16, 1971 Senate Chamber, Boise, Idaho, March 16, 1971. President Murphy called the Senate to order at 9:30 o’clock a.m. Roll call showed all members present. The following prayer was offered by Chaplain Newell tvtorgan: Our Father Who art in Heaven, hallowed be Thy Name. Thou alone knowest what lies before us this day; grant that in every hour of it we may stay close to Thee. As citizens of this State, our God, we thank Thee for the nen and women who serve this state and Thee as they onduct the business of government through this Senate Chamber. Bestow Thy grace and love upon the Presiding Officer,
March 16]
each Senator and those who serve with them. Illumine their minds and direct their thinking; may their thoughts and actions merit Thy blessing. May they find great joy and satisfaction by their accomplishments of this day. We also ask that Your hand of blessing shall be upon the family members of each of these persons, wherever they may be. We place them within Your love, care and keeping. Through Jesus Christ Our Lord, Amen. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Friday, March 12, 1971 was read and approved as corrected. KLEIN, Report adopted. Chairman. Reading of Communications On request by Senator Williams, granted by unanimous consent, the following communication was spread upon the pages of the Senate Journal: March 13, 1971. The Honorable Jack M. Murphy President of the Senate Senate Chambers Building Dear Governor Murphy: Submitted below is a statement by the Committee on Resources and Environment intended by them to be a report of the Committee to be used in construction of the amendatory language indicated: “The amending of Section 19 of House Bill 198, strik ing the words ‘exploration or’ from line 34 of page 13 of the printed bill is not intended to result in the bill being construed to apply retroactively to lands and water affected by exploration performed prior to May 31, 1971.” Very truly yours, FOR RESOURCES AND ENVIRONMENT COMMITTEE Is! J. MARSDEN WILLIAMS Chairman. Reports of Standing Committees March 16, 1971, The RESOURCES AND ENVIRONMENT Committee reports out II. 143 pursuant to Senate Rule 14-E, the bill having been called for. WILLIAMS, Chairman. H. 143 was filed for second reading. March 16, 1971. The JUDICIARY AND RULES Committee reports that S. 1105, as amended in the House, has been correctly enrolled. KLEIN, Chairman. The President announced he was about to sign Enrolled S. 1105, as amended in the House, and when so signed, ordered it transmitted to the House for the signature of the Speaker. March 15, 1971. The JUDICIARY AND RULES Committee reports out II. 137 with the recommendation that it do pass. KLEIN, Chairman. II. 137 was filed for second reading. March 16, 1971. The JUDICIARY AND RULES Committee reports that S. 1263 and S. 1264 have been correctly printed. KLEIN, Chairman.
SENATE JOURNAL
[March 16
S. 1263 was referred to the State Affairs Committee. S. 1264 was referred to the Healthâ&#x20AC;˘ Education and Wel fare Committee. On request by Senator Crutcher, granted by unanimous consent, S. 1263 was referred to the Tenth Order of Busi ness, Motions and Resolutions. March 16, 1971. The STATE AFFAIRS Committee reports that they have had under consideration the Gubernatorial appoint ment of Lester J. Petersen, M.D. to a five year term on the State Board of Hea1th commencing February 1, 1971 and recommends that this appointment be confirmed by the Senate. SUMMERS, Chairman. The Gubernatorial appointment was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the desk for one legislative day. Messages from the Governor
STATE OF IDAHO Office of the Governor BOISE
March 15, 1971 The Honorable Jack Murphy President of the Senate Senate Chambers Building Dear Mr. President: I have the honor to inform you that I have this day approved and am transmitting to the Secretary of State the following Senate Bills, to-wit: SENATE BILL 1050 SENATE BILL 1124 Sincerely, Is! CECIL D. ANDRUS Governor The message was ordered filed in the office of the Secretary of the Senate. Messages from the House March 15, 1971. Mr. President: I transmit herewith H. 335, H. 263, H. 261, II. 184, H. 315, H.C.R. 4, H. 325, H. 326, H. 327, H. 328, H. 331, H. 332, H. 333, H. 334, H. 329, H. 330, H. 309, H. 306
and H. 291 which have passed the House.
FITZWATER, Chief Clerk. H. 335, H. 263, H. 261, H. 184, H. 315, H. 325, H. 326, H. 327, H. 328, H. 331, H. 332, H. 333, II. 334, H. 329,
H. 330, H. 309, H. 306 and H. 291 were filed for first
reading.
H.C.R. 4 was referred to the Tenth Order of Business,
Motions and Resolutions. Motions and Resolutions
The following resolution was read at length by the Secretary: H.C.R. 4 By TRANSPORTATION AND DEFENSE COMMITTEE A CONCURRENT RESOLUTION
Directing the Legislative Council to conduct a thorough study of the entire field of automobile liability insurance and to report its findings, recommendations and corrective legislation to the Second Regular Session of the Fortyfirst Idaho Legislature. Be It Resolved by the Legislature of the State of Idaho:
WHEREAS, cancellation and nonrenewal of automobile
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liability insurance policies has worked distinct hardshi on many of our citizens; and WHEREAS, premium rates on automobile liability it surance policies have been increasing at an alarming rat in this state; and WHEREAS, settlements made on automobile liabilit insurance policies may not have been as expeditious an orderly as possible. NOW, THEREFORE, BE IT RESOLVED by the Hous of Representatives, the Senate of the First Regular Se sion of the Forty-first Idaho Legislature concurring therE in, that the Legislative Council is hereby authorized an directed to undertake and complete a thorough study c the entire field of automobile liability insurance, incluc ing, but not limited to, the problems connected with th cancellation and nonrenewal of automobile liability it surance policies, the problems connected with the pr miums established for automobile liability insurance poi cies, the risk factors involved in automobile liability it surance policies, and the methods and amounts of settlE ments made for automobile liability insurance policies. BE IT FURTHER RESOLVED that the Legislativ Council be directed to consult with such advisors, cot sumers and others who tend to have a major interest i automobile liability insurance; and further, that th Legislative Council conduct such hearings and meeting as are necessary to accomplish the purposes of this resc lution. BE IT FURTHER RESOLVED that the Legislativ Council shall present its findings and recommendation together with corrective legislation, to the Second Regt lar Session of the Forty-first Idaho Legislature. H.C.R. 4 was ordered held at the desk for two legislativ days. On request by Senator Bivens, granted by unanimou consent, S.J.R. 108, H.C.R. 12 and H.C.R. 17 retaine their place on the Tenth Order of Business, Motions an Resolutions. The President announced the State Affairs Committe report relative to the Gubernatorial appointment of J. I Munson, M.D. was before the Senate for consideratio at this time. On motion by Senator Stoicheff, seconded by Senate Bivens, the Gubernatorial appointment of Mr. J. P. Mitt son, M.D., to the State Board of Education and to tb Board of Regents of the University of Idaho, was cot firmed. The President directed the Secretary of the Senate t prepare a list, for his signature, of the Gubernatorli appointment confirmation, attested to by the Secretar to be transmitted to the Governor informing him of tb action of the Senate. The President announced that HJ.M. 8 was befox the Senate for final consideration. On motion by Senator Bivens, seconded by Senate Crutcher, H.J.M. 8 was adopted, title approved an the memorial ordered returned to the House. Motion to Suspend Rules
Mr. President: I move that all rules of the Senate interfering wit the immediate passage of S. 1222, as amended, be su pended; that the portions of Section 15 Article 3 of tli Constitution of the State of Idaho requiring all bills I be read on three several days be dispensed with, th being a case of urgency, and that S. 1222, as amende be read the first time by title, second time by title, an third time at length, section by section, and be put upo its final passage. Moved by Senator Bivens. Seconded by Senator Crutcher.
SENATE JOURNAL The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brown, Budge, Chase, rookham, Crutcher, Egbert, Ellsworth (20), Ellsworth 30), Fredericksen, High, Kidwell, Klein, Manley, Man ing, Miller, Mitchell, Mix, Murphy, Rigby, Saxvik, Sol erg, Steen, Stoicheff, Swenson, Williams, Yarbrough. otal—29. NAYS—None. Absent and excused—Allen, Brassey, Cobbs, Evans, eavey, Summers. Total—6. Total—35. More than two-thirds having voted in the affirmative ie President declared the rules suspended. S. 1222, as amended, was read the first time by title, econd time by title and the third time at length, section y section and placed before the Senate for final con deration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Budge, hase, Crookham, Crutcher, Egbert, Ellsworth (20), Ells orth (30), Evans, Fredericksen, High, Kidwell, Klein, [anley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, igby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen n, Williams, Yarbrough. Total—33. NAYS—None. Absent and excused—Brassey, Cobbs. Total—2. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted the House. On request by Senator Rigby, granted by unanimous )nsent, the State Affairs Committee report relative to ie Gubernatorial appointment of L. J. Petersen, M.D., the State Board of Health was now considered. On motion by Senator Rigby, seconded by Senator Sum tern, the Gubernatorial appointment of L. J. Petersen, t.D. to the State Board of Health, was confirmed. The President directed the Secretary of the Senate to tepare a list, for his signature, of the Gubernatorial ppointment confirmation attested to by the Secretary, be transmitted t0 the Governor informing him of the tion of the Senate. Introduction, First Reading and Reference of Bills S. 1265 By FINANCE COMMiTTEE AN ACT Amending Section 1, Chapter 265, Laws of 1969, to icrease the line item appropriation of salaries and wages v $2,250 and decrease the line item appropriation of ;her current expense by $2,250 for the period July 1, 369, to June 30, 1971, of the State Treasurer; and de [aring an emergency. S. 1266 By FINANCE COMMITTEE AN ACT Appropriating moneys from the funds enumerated to ie State Tax Commission and prescribing major prorams and expenditure classifications of the appropria on for the period July 1, 1971 through June 30, 1972. S. 1267 By FINANCE COMMITTEE AN ACT Appropriating moneys from the funds enumerated to ze Department of Special Services and prescribing major
March 16]
programs and expenditure classifications of the appropria tion for the period July 1, 1971 through June 30, 1972. S. 1268 By FINANCE COMMITTEE AN ACT Appropriating moneys from the funds enumerated to the Department of Public Assistance and prescribing major programs and expenditure classifications of the appropriation for the period July 1, 1971 through June 30, 1972. S. 1269 By FINANCE COMMITTEE AN ACT Appropriating moneys out of the fund enumerated to the State Board of Education for State Junior College Fund and prescribing a major program for the period July 1, 1971 through June 30, 1972. S. 1270 By FINANCE COMMITTEE AN ACT Appropriating monies from the General Fund of the State of Idaho to the State of Idaho Aeronautics Fund for the purpose of matching funds from the Special Privilege Tax levied by Section 494227A Idaho Code, for the period commencing July 1, 1969, and ending April 10, 1971, and directing the State Auditor to transfer the funds so matched; and declaring an emergency. S. 1271 By FINANCE COMMITTEE AN ACT Appropriating monies from the funds enumerated for the payment of operating costs and expenses of all pro grams of the State Board of Health for the period July 1, 1971 through June 30, 1972. S. 1272 By STATE AFFAIRS COMMITTEE AN ACT Amending Chapter 10, Title 44, Idaho Code, by adding a new section thereto to be known and designated as Section 44-1007, Idaho Code, authorizing the Governor of the State of Idaho to suspend the provisions of Section 44-1006, Idaho Code, on projects financed in part with federal funds, in cases of national emergency wherein the President of the United States suspends the provi sions of Title 40, Sections 276a to 276a-5 inclusive, United States Code; and declaring an emergency. S. 1265, S. 1266, S. 1267, S. 1268, S. 1269, S. 1270, S. 1271 and S. 1272 were introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. H. 335, H. 325, H. 326, H. 327, H. 328, H. 331, H. 332, H. 333, H. 334, H. 329 and H. 330, by Appropriations Committee, were introduced, read the first time at length and referred to the Finance Committee. H. 263, by Ways and Means Committee, was introduced, read the first time at length and referred to the State Affairs Committee. H. 261, by Ways and Means Committee, was introduced, read the first time at length and referred to the Health, Education and Welfare Committee. H. 184, by Ways and Means Committee, was introduced, read the first time at length and referred to the Finance Committee. H. 315, by State Affairs Committee, was introduced, read the first time at length and referred to the State Affairs Committee. H. 309, by Revenue and Taxation Committee, was intro duced, read the first time at length and referred to the Local Government and Taxation Committee.
[March 16
SENATE JOURNAL
H. 306, by Revenue and Taxation Committee, was intro duced, read the first time at length and referred to the Transportation Committee. H. 291, by State Affairs Committee, was introduced, read the first time at length and referred to the Finance Com mittee. Second Reading of Bills H. 243, as amended, by State Affairs Committee, was read the second time at length and filed for third reading. H. 87, by Resources and Conservation Committee, was read the second time at length and filed for third reading. H. 69, as amended, by Ravenscroft and Greenawalt, was read the second time at length and filed for third reading. H. 280, H. 281, H. 310, II. 311, II. 312, H. 314 and II. 317, by Appropriations Committee, were read the second time at length and filed for third reading. H. 304, by State Affairs Committee, was read the sec ond time at length and filed for third reading. H. 289, as amended, by Revenue and Taxation Com mittee, was read the second time at length and filed for third reading. H. 189, as amended, by State Affairs Committee, was read the second time at length and filed for third reading. S. 1250, S. 1251, S. 1252, S. 1253, S. 1256, S. 1257, S. 1258, S. 1259, S. 1260 and S. 1261, by Finance Committee, were read the second time at length and filed for third reading. H. 248, as amended, by Revenue and Taxation Commit tee, was read the second time at length and filed for third reading. H. 105, by Judiciary, Rules and Administration Com mittee, was read the second time at length and filed for third reading. S. 1051, as amended in the House, by Murphy, Crook ham, Swenson, Fredericksen, Mix, Mitchell, Chase, Miller, Evans and Crutcher, was read the second time at length and filed for third reading. Third Reading of Bills The President announced H. 266 was before the Senate for consideration. The President called President Pro-Tempore Ellsworth to the Chair. Senator Budge requested unanimous consent that H. 266 be placed on the Fourteenth Order of Business, General Calendar, for amendment. Senator Kidwell objected. Moved by Senator Budge, seconded by Senator Crutcher, that H. 266 be placed on the Fourteenth Order of Business, General Calendar, for amendment. The President returned to the Chair. Roll call vote was requested by Senators Budge, Bras sey and Yarbrough. The question being, “Shall H. 266 be placed on the Fourteenth Order of Business, General Calendar, for amendment?” Roll call resulted as follows: AYES Budge. Chase, Crutcher, Egbert, Fredericksen, Mix, Peavey, Rigby, Swenson, Williams, Yarbrough. Total —11. NAYS Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Cobbs, Crookham, Ellsworth (20), Ellsworth (30). Evans, High, Kidwell. Klein, Manley, Manning, Miller, Mitchell, Murphy, Saxvik, Solberg, Steen, Stoicheff, Summers. Total —24. Total—35. Whereupon the President declared the motion lost. —
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H. 266 was read the third time at length, section b section and placed before the Senate for final considen tion, the question being. “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Browi Chase, Cobbs, Crookham, Crutcher, Egbert, Ellswort (20), Ellsworth (30), Evans, Fredericksen, High, Kidwel Klein, Manley, Manning, Miller, Mitchell, Mix, Murph: Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summer Swenson, Williams. Total—33. NAYS Budge, Yarbrough. Total—2. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned the House. On motion by President Pro-Tempore Ellsworth, se onded by Senator Crutcher, the Senate recessed until 2: C o’clock p.m. of this day. —
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RECESS Afternoon Session The Senate reconvened at 2:00 o’clock p.m., pursuai to recess, President Murphy presiding. Roll call showed all members present. Prior to recess the Senate was at the Thirteenth Orth of Business. Third Reading of Bills H. 34 was read the third time at length, section ID section and placed before the Senate for final consider tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Barker, Bilyeu, Brown, Chase, Crookhaa Crutcher, Evans, Fredericksen, High, Manley, Mannini Miller, Mitchell, Mix, Murphy, Rigby, Saxvik, Solberi Steen, Summers. Total—20. —
Allen, Bivens, Brassey, Budge, Cobbs, Egber NAYS Ellsworth (20), Ellsworth (30), Kidwell, Klein, Peave; Stoicheff, Swenson, Williams, Yarbrough. Total—15. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned I the House. On request by Senator Stoicheff, granted by unanimot consent, S. 1238 was recommitted to the Local Goveri ment and Taxation Committee. H. 93, as amended, was read the third time at lengt section by section and placed before the Senate for fim consideration, the question being, “Shall the bill pass?” —
Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brow; AYES Budge, Chase, Cobbs, Crutcher, Egbert, Ellsworth (20 Ellsworth (30), Evans, Fredericksen, High, Klein, Mai ning, Mitchell, Mix Murphy, Peavey. Rigby, Saxvik, So berg, Swenson, Williams, Yarbrough. Total—28. NAYS Crookham, Manley, Miller, Stoicheff, Summer Total—5. Absent and excused Kidwell, Steen. Total—2. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned I the House. S. 1225, as amended, was read the third time at lengt section by section and placed before the Senate for fim consideration, the question being, “Shall the bill pass?” —
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SENATE JOURNAL Roll call resulted as follows: Allen. Bilyeu, Brassey, Brown, Budge, Chase, AYES :obbs. Crutcher, Egbert, Ellsworth (20), Ellsworth (30), vans, Fredericksen, Klein, Manning, Miller, Mitchell, Mix, lurphy, Peavey, Rigby, Sanvik, Solberg, Steen, Stoicheff, ummers, Swenson, Yarbrough. Total—28. Barker, Bivens, Crookham, Manley. Total—4. NAYS High, Kidwell, Williams. Total Absent and excused 4. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to rio House. On request by President Pro-Tempore Ellsworth, grant l by unanimous consent, H. 247 was placed at the foot f the Third Reading Calendar. H. 206 was read the third time at length, section by ction and placed before the Senate for final considera on, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES hase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth 20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, tanley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, igby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen rim, Yarbrough. Total—32. —
None. NAYS Absent and excused Budge, Klein, Williams. Total—3. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to le House. H. 282 was read the third time at length, section by ction and placed before the Senate for final considera on, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES hase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth 20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, lein, Manley, Manning, Miller, Mitchell, Mix, Murphy, eavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, wenson, Yarbrough. Total—33. NAYS None. Absent and excused Budge, Williams. Total—2. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to rie House. On request by Senator High. granted by unanimous con mt, H. 293 was placed on the Third Reading Calendar, )llowing H. 302. Call of the Senate was requested by President Pro empore Ellsworth, Senators Bivens and Peavey. Whereupon the President ordered the doorkeepers to ck the doors permitting no Senators or the President to ave or enter the Senate Chambers except the Sergeant t-Arms with the absent members. Roll call showed Senators Budge and Crookham absent. The Sergeant-at-Arms reported to the President that rie absent members were now present in the Senate hamber. On request by President Pro-Tempore Ellsworth, the all of the Senate was lifted. —
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March 16)
II. 294 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Evans Fredericksen, High, Kidwell, Klein, Manley, Man ning, fvliller, Mitchell, Mix, Peavey, Rigby, Solberg, Steen, Stoicheff, Summers. Total—27. Budge, Chase, Ellsworth (30), Murphy, Sax NAYS vik, Swenson, Williams, Yarbrough. Total—8, Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 295 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass ?“ —
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Roll call resulted as follows: AYES Barker, Bivens, Brassey, Brown, Cobbs, Crook ham, Crutcher, Egbert, Ellsworth (20), Evans, Frederick sen, High, Kidwell, Klein, Manley, Miller, Mitchell, Peavey, Saxvik, Solberg, Steen, Summers, Yarbrough. Total—23. Allen, Bilyeu, Budge, Chase, Ellsworth (30), NAYS Manning, Mix, Murphy, Rigby, Stoicheff, Swenson, Wil liams. Total—12. —
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Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 296 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20). Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough, Total—35. None. NAYS Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 297 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20). Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough, Total—35. NAYS None. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. On request by President Pro-Tempore Ellsworth, grant ed by unanimous consent, the Senate recessed for ten minutes. —
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[March 16
SENATE JOURNAL
RECESS The Senate reconvened pursuant to recess, President Murphy presiding. Roll call showed all members present. Prior to recess the Senate was at the Thirteenth Order of Business. Third Reading of Bills H. 298 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Bus worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough, Total—35. NAYS None. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 299 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Bilyeu, Bivens, Brown, Chase, Cobbs, AYES Crookham, B gbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Righy, Saxvik, Solberg, Stoicheff, Swenson, Williams, Yarbrough. Total—28. NAYS—Budge. Total—i. Absent and excused Barker, Brassey, Crutcher, Klein, Steen, Summers. Total—6. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 300 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Brown, Budge Chase, Cobbs, AYES Crookham, Crutcher, Egbert, Ellsworth 20), Ellsworth (30), Fredericksen, High, Kidwell Klein, Manley, Miller, Mitchell, Mix, Peavey, Rigby, axvik, Solberg, Steen, Stoicheff, Swenson, Williams, Yarbrough. Total—28. NAYS Bilyeu, Manning, Murphy. Total—3. Absent and excused Bivens, Brassey, Evans, Sum mers. Total—4. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 301 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll cail resulted as follows: Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, AYES Crookham, Crutcher, Egbert, Ellsworth (30), Fredericksen, High, Klein, Manley, Manning, Miller, Mitchell, Mix, Mur phy, Peavey, Rigby, Solberg, Steen, Stoicheff, Williams, Yarbrough. Total—26. —
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NAYS Allen, Barker, Ellsworth (20), Kidwell, Sa vik, Swenson. Total—6. Absent and excused Brassey, Evans, Summers. Tot —3. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to t House. H. 302 was read the third time at length, section section and placed before the Senate for final considex tion, the question being, “Shall the bill pass?” —
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Roil call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brow Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, El. worth (20), Ellsworth (30), Evans, Fredericksen, Hi Kidwell, Klein, Manley, Manning, Miller, Mitchell, M: Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoiche Summers, Swenson, Williams, Yarbrough. Total—35. None. NAYS Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to t House. H. 293 was read the third time at length, section section and placed before the Senate for final considex tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Bron AYES Budge, Cobbs, Crookham, Crutcher, Egbert, Ellswor (20), Fllsworth (30), Fredericksen, High, Kidwell, Kie Manley, Manning, Miller, Mitchell, Mix, Murphy, PeavE Rigby, Solberg, Steen, Stoicheff, Swenson, Williams. Tol —30. NAYS None. Absent and excused Chase, Evans, Saxvik, Summe: Yarbrough. Total—5. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned the House. On request by President Pro-Tempore Ellsworth, t Senate returned to the Twelfth Order of Business. —
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Second Reading of Bills Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering wi the immediate passage of S. 1250 be suspended; that t portions of Section 15 Article 3 of the Constitution the State of Idaho requiring all bills to be read on thr several days be dispensed with, this being a case urgency, and that S. 1250 be read the first time by tit second time by title, and third time at length, section 1 section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Bro’c Budge, Cobbs, Crookham, Crutcher, Egbert, Ellswor (20), Ellsworth (30), Fredericksen, High Kidwell, Ma ley, Manning, Miller, Mitchell, Mix, Murphy, Peave Rigby, Solberg, Steen, Stoicheff, Summers, Swenson, W hams. Total—SO,
SENATE JOURNAL NAYS—None. Absent and excused—Chase, Evans, Klein, Saxvik, Yar ough. Total—5. Total—35. More than two-thirds having voted in the affirmative e President declared the rules suspended. S. 1250 was read the first time by title, second time title and the third time at length, section by section td placed before the Senate for final consideration, the iestion being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, idge, Cobbs, Crookham, Crutcher, Egbert, Ellsworth 0), Ellsworth (30), Fredericksen, High, Kidwell, Man y, Manning, Miller, Mitchell, Mix, Murphy, Peavey, gby, Solberg, Steen, Stoicheff, Summers, Swenson, Wil trns. Total—30. NAYS—None. Absent and excused—Chase, Evans, Klein, Saxvik, Yar ough. Total—5. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted the House. Motion to Suspend Rules r. President: I move that all rules of the Senate interfering with e immediate passage of S. 1251 be suspended; that the rtions of Section 15 Article 3 of the Constitution of e State of Idaho requiring all bills to be read on three veral days be dispensed with, this being a case of ‘gency, and that S. 1251 be read the first time by title, cond time by title, and third time at length, section by ction, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, idge, Cobbs, Crookham, Crutcher, Egbert, Ellsworth 0), Ellsworth (30), Fredericksen, High, Kidwell, Man y, Manning, Miller, Mitchell, Mix, Murphy, Peavey, gby, Solberg, Steen, Stoicheff, Summers, Swenson, Wil ,ms. Total—30. NAYS—None. Absent and excused—Chase, Evans, Klein, Saxvik, Yar ough. Total—S. Total—35, More than two-thirds having voted in the affirmative e President declared the rules suspended. S. 1251 was read the first time by title, second time by ;lo and the third time at length, section by section rd placed before the Senate for final consideration, the estion being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Bilyeu, Bivens, Brassey, Brown, Chase, )bbs, Crookham, Crutcher, Egbert, Ellsworth (30), Fred icksen, High, Kidwell, Klein, Manley, Manning, Miller, itchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, ;een, Stoicheff, Williams. Total—28. NAYS None. Absent and excused Barker, Budge, Ellsworth (20), ians, Summers, Swenson, Yarbrough. Total—7, Total—35. —
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March 16]
Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1252 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that S. 1252 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. S. 1252 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough, Total—35. NAYS—None. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1253 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that S. 1253 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage, Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcfier, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None, Total—35.
[March 10
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More than two-thirds having voted in the affirmative the President declared the rules suspended. S. 1253 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solherg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1256 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that S. 1256 be read the first time by title, second time by title, and third time at length, section by section, and he put upon its final passage. Moved by Senator Bivens. Seconded by Senator Mix. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS None. Total—35. More than two-thirds having voted in the affirmative t1e President declared the rules suspended. S. 1256 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: AYES-Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS None. Tótal—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. —
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Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1257 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requinng all bills to be read on three several days be dispensed with, this being a case of
23
urgency, and that S. 1257 be read the first time by titi second time by title, and third time at length, section b section, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended? Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brow: Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, ETh worth (20), Ellsworth (30), Evans, Fredericksen, Rig] Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mi: Murphy, Peavey, Righy, Saxvik, Solberg, Steen, Stoichef Summers, Swenson, Williams, Yarbrough. Total—35. NAYS None. Total—35. More than two-thirds having voted in the affirmative ti President declared the rules suspended. S. 1257 was read the first time by title, second time 1 title and the third time at length, section by section as placed before the Senate for final consideration, the que: tion being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Browi Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Fib worth (20), fllsworth (30), Evans, Fredericksen, Rig] Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mb Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoichef Summers, Swenson, Williams, Yarbrough. Total—35. NAYS None. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted i the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering wit the immediate passage of S. 1259 be suspended; that th portions of Section 15 Article 3 of the Constitution c the State of Idaho requiring all bills to be read on thre several days be dispensed with, this being a case o urgency, and that S. 1259 be read the first time by tith second time by title, and third time at length, section b section, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended? Roll call resulted as follows: AYES-Allen, Barker, Bilyeu, Bivens, Brassey, Browr Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Elli worth (20), Ellsworth (30), Evans, Fredericksen, Higi Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mb Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoichefi Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. More than two-thirds having voted in the affirmativ the President declared the rules suspended. S. 1259 was read the first time by title, second tim by title and the third time at length, section by sectio: and placed before the Senate for final consideration, tb question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Browr Budge, Chase, Cobbs. Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High —
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idwell, Klein, Manley, Manning, Miller, Mitchell, Mix, [urphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, ummers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted the House. Motion to Suspend Rules Er. President: I move that all rules of the Senate interfering with e immediate passage of S. 1260 be suspended; that the ortions of Section 15 Article 3 of the Constitution of ie State of Idaho requiring all bills to be read on three sveral days be dispensed with, this being a case of rgency, and that S. 1260 be read the first time by title, econd time by title, and third time at length, section by sction, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, udge, Chase, Cobbs, Crookham, Crutcher, fgbert, Ells rorth (20), Ellsworth (30), Evans, Fredericksen, High, idwell, Klein, Manley, Manning, Miller, Mitchell, Mix, lurphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, ummers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. More than two-thirds having voted in the affirmative he President declared the rules suspended. S. 1260 was read the first time by title, second time y title and the third time at length, section by section nd placed before the Senate for final consideration, the uestion being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Chase, Cobbs, rookham, Crutcher, Eghert, Ellsworth (20), Ellsworth 30), Evans, Fredericksen, High, Kidwell, Klein, Manley, fanning, Mitchell, Mix, Murphy, Peavey, Rigby, Solberg, teen, Stoicheff, Williams, Yarbrough. Total—28. NAYS—Budge, Swenson. Total—2. Absent and excused—Brassey, Brown, Miller, Saxvik, ummers. Total—5. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to he House. Motion to Suspend Rules fIr, President: I move that all rules of the Senate interfering with he immediate passage of S. 1261 be suspended; that the ortions of Section 15 Article 3 of the Constitution of he State of Idaho requiring all bills to be read on three everal days be dispensed with, this being a case of irgency, and that S. 1261 be read the first time by title, econd time by title, and third time at length, section by ection, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, udge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells
March 161
worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough, Total—35. NAYS None. Total—35. More than two-third having voted in the affirmative the President declared the rules suspended. S. 1261 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brown, Chase, AYES Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Fred ericksen, High, Kidwell, Manley, Manning, Miller, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Swenson, Williams, Yarbrough. Total—28. NAYS Budge. Total—i. Brassey, Ellsworth (30), Evans, Absent and excused Klein, Mitchell, Summers. Total—6. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House, On request by Senator Kidwell, granted by unanimous consent, the Senate returned to the Fifth Order of Busi ness. S,J.R. 110 Presentation of Petitions, Resolutions and Memorials By STATE AFFAIRS COMMITTEE A JOINT RESOLUTION Proposing an amendment to Section 23 of Article III of the Constitution of the State of Idaho, relating to com pensation and mileage of members of the legislature, by removing therefrom the per diem allowance of ten dollars, and the aggregate limit of six hundred dollars for any session, and providing that members of the legislature shall each receive as a salary the sum of two thousand four hundred dollars per annum, providing that members of the legislature shall each receive the sum of ten cents per mile for traveling to or returning from each regular or extra session, and providing that officers of the legisla ture shall each receive an additional compensation as provided by law; stating the question to be submitted to the electors; directing the Attorney General to prepare the statement as required by law; and directing the Sec retary of State to give legal notice thereof. S.J.R. 110 was introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. Reports of Standing Committees March 16, 1971. The JUDICIARY AND RULES Committee reports that S. 1071, as amended in the House, S. 1072, S. 1083, S. 1092, S. 1109, as amended, S. 1121, S. 1122, S. 1129, S. 1140, S. 1145, S. 1151 and S. 1197 were delivered to the Gover nor at 10:40 o’clock n.m., on March 16, 1971. KLEIN, Chairman. March 16, 1971. The JUDICIARY AND RULES Committee reports that S.C.R. 113 was delivered to the Secretary of State at 10:45 o’clock a.m., on March 16, 1971. KLEIN, Chairman. The President ordered the reports filed in the office of the Secretary of the Senate. —
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yarch 16
SENATE JOURNAL
March 16, 1971. The STATE AFFAIRS Committee reports out H. 292 rithout recommendation. SUMMERS, Chairman. March 16, 1971. The HEALTH, EDUCATION AND WELFARE Corn nittee reports out S. 1264 with the recommendation that t do pass. BARKER, Chairman. March 16, 1971. The RESOURCES AND ENVIRONMENT Committee eports out S. 1247, S. 1254, S. 1255 and H. 221 with the ecommendation that they do pass. WILLIAMS, Chairman. H. 292, S. 1264, S. 1247, S. 1254, S. 1255 and H. 221 vere filed for second reading. March 16, 1971. The STATE AFFAIRS Committee reports out S. 1246 rnd H. 315 with the recommendation that they be referred ;o the Tenth Order of Business. SUMMERS, Chairman. S. 1246 and H. 315 were referred to the Tenth Order f Business, Motions and Resolutions. March 16, 1971. The AGRICULTURAL AFFAIRS Committee reports ut H. 273 with the recommendation that it do pass. SWENSON, Chairman. March 16, 1971. The HEALTH, EDUCATION AND WELFARE Corn nittee reports out H. 261 with the recommendation that t do pass. BARKER, Chairman. March 16, 1971. The FINANCE Committee reports out II. 325, II. 326, 1. 327, H. 328, H. 329, II. 330, H. 331, II. 332, H. 333, 1. 334 and II. 335 with the recommendation that they to pass. HIGH, Chairman. H. 273, H. 261, H. 325, H. 326, H. 327, H. 328, II. 329, 1. 330, H. 331, H. 332, H. 333, II. 334 and II. 335 were Lied for second reading. The following report was read by the Secretary: PRESIDENT PRO-TEMPORE Capitol Building BOISE March 16, 1971 lonorable Jack M. Murphy >resident of the Senate enate Chambers uilding )ear Mr. President: The Interim Fire Committee was formed by action of he First Extraordinary Session of the Thirty-ninth egislature by S.C.R. 6 for the purpose of studying orest and range fire prevention and of all contracts elating thereto. The committee was expanded in the Second Extra rdinary Session of the Thirty-ninth Legislature f S.C.R. to include four additional members, two from the louse and two from the Senate and its scope and duties
239
broadened to include the study of all problems relating to forest and range fires. The First Regular Session of the Fortieth Legislature through S,C.R. 109 continued the committee and the Sec ond Regular Session directed that the committee be con tinued, maintained and extended until the study was complete. In addition, the committee was to review and study all existing statutes and laws relating to fire and fire prevention. The committee was divided into two sub-committees; one chaired by Speaker Lanting to review contracts with the Federal Agencies, and one chaired by the President Pro-Tempore to consider changes in the Code relating to fire laws. Several exploratory rough drafts have been submitted for consideration. Region 1 and 4 of the Forest Service have come to a basic agreement as to the Forest Service position on contracts. They advise they agree with the Interim Fire Committee efforts and, as a matter of fact suggest, because of the problems evidenced in Idaho, all contracts in the western states are being standardized. The rough draft contract submitted by the Forest Service is on file with the Department of Lands. It was agreed by the interim committee and the nego tiating team, perhaps the wisest course would be to defer any final decision until the negotiating team had filed its final report. It was believed by all concerned the many and various problems in the contracts would all then be recognized and itemized when the negotiating team filed its final report March 11, 1971. It is now anticipated, the interim committee, with the assistance of the negotiating team, will be able to address themselves to the various problems of negotiating contracts in view of the experience gained by all. The Land Commissioner suggested the committee thoroughly review the existing Fire Code with the thought of possibly updating and modernizing it, giving to Idaho the most modern set of fire laws possible. Presently, there are overlapping duplications and areas needing clarification. There are also questions involving liability, assessments, etc Here again, the committee did not com plete its study pending final settlement of the fire bills. For the same reason, no formal meetings except when the Legislature was in session were held during the interim of calendar year 1970. The Interim Fire Committee is now in a position to finally sit as a committee jointly and with the aid of the negotiating team, study and finalize the contracts and the Code revision. This report should be completed and submitted to the Second Session of the Forty-first Legislature unless unforeseen circumstances should pre vent negotiation of the new contracts with the federal government. It should be remembered, at this point, the Commissioner of Lands must, each year, enter into con tracts for fire suppression on an annual basis. The Interim Fire Committee has been used as a sounding board on these temporary contracts. The Land Commissioner briefed the committee on the effects of the limitation of liability for fire protection costs which sets the limit at 18c per acre in the northern part of the state, and lOc per acre in the southern por tion. He pointed out the requirements of a modern-day fire organization in many instances demand a greater expenditure than the monies produced by assessment of forest land owners within the lSc or lOc limit and asked for direction from the committee as to how he should fund the additional requirement. The committee directed the Commissioner to use budgeted fire suppression funds of the department to supplement the assessments in order to adequately protect the lands of this state. Of the four formal committee meetings held during the calendar year 1969, one was a field tour and review of the Priest Lake Timber Protective Association at Coolin, Idaho. Headquarters, shops and equipment of the Association were examined and a portion of the Sun dance burn was viewed from an on-the-ground tour. Fol
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lowing the tour, a joint meeting took place between the directors of the association and the committee. The directors of the association stated they were asking the Department of Public Lands to assume complete fire control responsibility on association lands under a con tract agreement between the association and the depart ment. They further pointed out the limitation of liability, which limits assessments to members at 18c per acre, prohibits the collection of sufficient monies for equipment replacement and the maintenance of an effective modern fire suppression organization. The department, on the other hand, could not use appropriated funds for equip ment purchases unless the department had complete control of the operation. In the light of these conditions, it was unanimously agreed by the association and the department, this course of action was the responsible solution. The Interim Fire Committee concurred. This action was prompted by virtue of the fact the state owned 92% of the land involved and the association only 8%. In effect, the Department of Lands is contracting to fight all fires in the Priest Lake Timber Association lands and the Board of Directors of the Association serve in an advisory capacity only. As a result of the second $200,000 appropriation to the Department of Public Lands, a total of $400,000 has been expended to upgrade fire equipment in State Fire Protective Districts. This committee has recommended fire equipment be upgraded for an eventual total of $600,000. Depreciation of this equipment will be covered by dedicated fire funds collected from forest land owners. Consequently, future replacement costs will not be requested from appropriated funds; providing appropria tions for the protection of state owned lands are adequate to meet district costs. The Chairman and Vice Chairman, representing the Fire Committee, appeared before the Joint Appropriations Committee to support the Depart ment of Public Lands proposed 1971-1972 fire budget of $654,147 and a deficiency fire appropriation of $116,784 for the 1969-71 biennium. The unexpended balance of the appropriation for the Interim Fire Committee is $5,267 which is sufficient to engage legal services to assist the committee in review ing and studying the fire code and recommend to the legislature amendments or additions to the laws and statutes; also, to continue committee work on the revamp ing of fire protection contracts to more clearly define areas of responsibility. The committee wishes to express appreciation to the Executive Branch and the Legislature, not only for their indulgence, but also the support and cooperation the com mittee has enjoyed during its time of existence. Respectfully submitted Is! JAMES ELLSWORTH President Pro-Tempore The report from the Interim Fire Committee was ordered filed in the office of the Secretary of the Senate. Messages from the House March 16, 1971. Mr. President: I transmit herewith H.C.R. 21, H.C.R. 23, H.C.R. 24, H.C.R. 27, H.C.R. 28, H.C.R. 29, H.C,R. 30 and H.C.R. 31 which have passed the House. FITZWATER, Chief Clerk. H.C.R. 21, H.C.R. 23, H.C.R. 24, H.C.R. 27, H.C,R, 28, H,C.R. 29 H.C.R. 30 and H.C.R. 31 were referred to the Tenth Order of Business, Motions and Resolutions. March 16, 1971, Mr. President: I return herewith Enrolled S. 1105, as amended in the House, which has been signed by the Speaker. FITZWATER, Chief Clerk.
March 16]
Enrolled 5. 1105, as amended in the House, was referrec to the Judiciary and Rules Committee for transmittal tc the Governor. March 16, 1971. Mr. President: I transmit herewith H.C.R. 7, H.C.R. 26, H. 336 anc return herewith S.C.R. 111, S.C.R. 114 and S.C.R. ill which have passed the House. FITZWATER, Chief Clerk. H.C.R. 7 and H.C.R. 26 were referred to the Tenth Orde of Business, Motions and Resolutions. H. 336 was filed for first reading. S.C.R. 111, S.C.R. 114 and S.C.R. 115 were referred tc the Judiciary and Rules Committee for enrolling. March 16, 1971. Mr. President: I transmit herewith Enrolled H. 251, H. 26, as amended H. 260 and H. 275 which have been signed by the Speaker FITZWATER, Chief Clerk. The President announced he was about to sign Enrollec H. 251, II. 26, as amended, H. 260 and H. 275 and when s signed, ordered them returned to the House. Motions and Resolutions The following resolutions were read at length by th Secretary: R.C.R. 21 By WAYS AND MEANS COMMITTEE A CONCURRENT RESOLUTION Authorizing and directing the Legislative Council t assist the members of the Legislature in conducting suc] hearings and meetings as will allow and encourage ever citizen to submit proposed changes in the Revised Consti tution submitted to the people in the General Electioi 1970 and to report recommendations to the Second Regu lar Session of the Forty-first Idaho Legislature. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, the Fortieth Idaho Legislature recognizet the need for constitutional revision and submitted a pro posed revised constitution to the people of the state o Idaho, which was not approved by the electorate; and WHEREAS, the proposed revision was the product o the efforts of the Constitutional Revision Commission the Legislature of the state of Idaho, and many of th citizens of the state of Idaho who continue to have grea concern for the welfare of the state of Idaho; and WHEREAS, many citizens have indicated interest in re submission of a proposed revised constitution, containin changes as indicated by the will of the people. NOW, THEREFORE, BE IT RESOLVED by the Firs Regular Session of the Forty-first Idaho Legislature, th House of Representatives and the Senate concurrin therein, that the Legislative Council is hereby authorize and directed to appoint a committee to assist the member of the Legislature in conducting such hearings and meet ings within their respective areas throughout the state o Idaho as will allow and encourage every citizen to submi proposed changes in the revised constitution submitted i: the election of 1970, if he found that document unsatisfac tory. The committee is directed to submit recommends tions to the Second Regular Session of the Forty-firs Idaho Legislature. H.C.R. 23 By STATE AFFAIRS COMMITTEE A CONCURRENT RESOLUTION Stating legislative findings and conclusions; directin the Legislative Council to conduct a study of the laws o elections, including but not limited to recall elections, vote
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registration, age of electors and selection of delegates to the state and national conventions. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, the need has been recognized to review the laws of elections in the state of Idaho; and WHEREAS, problems have or may arise in the areas of recall elections, voter registration, age of electors, and selection of delegates to state and national conventions; and WHEREAS, court decisions have cast doubt on the validity of some of the election laws of the state of Idaho; and WHEREAS, the franchise of the electorate should al ways be preserved and protected. NOW, THEREFORE, BE IT RESOLVED by the First Regular Session of the Forty-first Idaho Legislature, the Rouse of Representatives and the Senate concurring therein, that the Legislative Council be and is hereby authorized and directed to conduct a study and review of the election laws of the state of Idaho including, but not limited to, recall elections, voter registration, age of electors and selection of delegates to state and national conventions. â&#x20AC;˘ BE IT FURTHER RESOLVED that legislation be pre pared to implement recommendations made by the Legisla tive Council for introduction at the Second Regular Ses sion of the Forty-first Idaho Legislature. H.C.R. 24 By APPROPRIATIONS COMMITTEE A CONCURRENT RESOLUTION Authorizing the expenditure of $6,500 from the Legis lative Fund and directing that the Lieutenant Governor distribute such moneys by payment as agent and estab lishing an effective date. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, the legislature of the state of Idaho rec ognizes that certain long standing obligations remain unattended and unpaid; and WHEREAS, it is in the best interest that these obliga tions be met and the dignity of the state of Idaho be maintained and enhanced. NOW, THEREFORE, BE IT RESOLVED by the First Regular Session of the Forty-first Idaho Legislature, the Senate and the House of Representatives concurring therein, that the Lieutenant Governor is hereby authorized to meet the obligations set forth above by distribution of $6,500 from the legislative fund by payment as agent. BE IT FURTHER RESOLVED that this resolution shall be in full force and effect immediately upon approval of both houses of the legislature. H.C.R. 27 By WAYS AND MEANS COMMITTEE A CONCURRENT RESOLUTION DirectiTig the Legislative Council to undertake and complete a study of the procedures that may be taken to further the modernization of the legislative processes. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, the people of the state of Idaho have directed that the legislature meet in annual sessions; and WHEREAS, the organization of the legislature has been based on the concept of a biennial legislative ses sion; and WHEREAS, in order to fully effect the intent of provid ing annual legislative sessions it may be necessary for changes to be made in certain legislative processes and services available to the legislature. NOW, THEREFORE, BE IT RESOLVED by the First
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Regular Session of the Forty-first Idaho Legislature, the House of Representatives and the Senate concurring, thai the Legislative Council is hereby directed to undertake and complete a study and review of the procedures thai may be taken to further the modernization of the legisla tive processes, including but not limited to the serviceE provided by the legislative service agencies now existing the function and use of standing committees, and the pro vision of a professional staff for committees. BE IT FURTHER RESOLVED that the Legislative Council shall report its findings and recommendations tc the Second Regular Session of the Forty-first Idahe Legislature. H.C.R. 28 By REVENUE AND TAXATION COMMITTEE A CONCURRENT RESOLUTION Stating legislative observations and findings relative to the state educational funding concept of House Bil. 249, First Regular Session of the Forty-first Idaho Legis. lature; authorizing and directing the Legislative Counci. to appoint a committee to study the funding plan of saic House Bill 249 to the end that the Legislature may be informed as to whether any modification or change ir such program is desirable or necessary in order to provide a fair, equal, and basic program of public education in this state. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, the legislature of the state of Idaho rec ognizes that there is a critical need for an updating oi the present plan for state funding of public education tc the end that all children in this state are afforded ar opportunity for an equal basic education; and WHEREAS, the conceptual approach taken by Hous Bill 249 is aimed at achieving this goal; and WHEREAS, there is a need for a legislative committee to make a continuing study of the approach taken b3 House Bill 249, to facilitate the implementation of th educational funding plan provided therein, and to serv as a forum for the solution of any problems attendani therewith, if any there be. NOW, THEREFORE, BE IT RESOLVED by the Firsi Regular Session of the Forty-first Idaho Legislature the House of Representatives and the Senate concurrin therein, that the Legislative Council is hereby directed t appoint a committee consisting of four members of thf House of Representatives and four members of the Senat to conduct a continuing study of the educational funding plan of House Bill 249 and such other and further matter that are incident thereto, and said committee shall reporl to the Second Session of the Forty-first Idaho Legiskt. ture so that the legislature will be informed as tc whether any change or modification in the funding plai of House Bill 249 is desirable or necessary in order t assure a fair, equal, and basic program of public educa tion in this state. H.C.R. 29 By STATE AFFAIRS COMMITTEE A CONCURRENT RESOLUTION Stating legislative findings and conclusions, and au thorizing the Legislative Council to undertake a stud3 on the feasibility of establishing a Department of Ecolog3 to include all matters which have a bearing on the ecolog3 of the State of Idaho. Be It Resolved by the Legislature of the State of Idaho WHEREAS, the responsibility for administering statutes rules and regulations which pertain to the environmeni and ecology of the state of Idaho is vested in man different state boards and agencies otherwise not related and WHEREAS, it is in the best interests of the stat of Idaho to consolidate and coordinate these efforts t protect the environment and ecology of the state; ant
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WHEREAS, it is possible that one state agency could best perform the duties now performed by various agen cies. NOW, THEREFORE, BE IT RESOLVED by the First Regular Session of the Forty-first Idaho Legislature, the House of Representatives and the Senate concurring therein, that the Legislative Council of the state of Idaho is hereby authorized and directed to exercise such au thority as it shall deem proper, necessary and desirable to undertake and complete a study of the feasibility of consolidating state functions which deal with protection of the environment and ecology under one state agency. BE IT FURTHER RESOLVED that if the Legislative Council recommends that these functions be consolidated under one state agency, that legislation be drafted to implement such recommendations for introduction at the Second Regular Session of the Forty-first Idaho Legis lature. H.C.R. 30 By WAYS AND MEANS COMMITTEE A CONCURRENT RESOLUTION Expressing appreciation to the Mountain States Tele phone Company and to the General Telephone Company of the Northwest, for providing the telephone equipment and service personnel for the personal use and benefit of members of the First Regular Session of the Fortyfirst Idaho Legislature. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, throughout the First Regular Session of the Forty-first Idaho Legislature, the Mountain States Telephone Company has provided for the personal use and benefit of the members of the legislature, to supplement the NETCOM lines rented by the state during the session of the legislature, complete telephone equipment, includ ing a PBX switchboard and a number of private tele phone booths in both houses of the legislature and in the rotunda of the third floor of the Statehouse; and WHEREAS, the Mountain States Telephone Company has further provided for the exclusive use and benefit of the First Regular Session of the Forty-first Idaho Legislature complete telephone service and personnel consisting of a supervisory chief operator and a full force of expertly trained operators, together with the full time services of a public affairs man and a public relations nmn; and WHEREAS, the General Telephone Company of the Northwest, which provides telephone service to the pan handle district of Idaho, has provided for said legisla ture a full time public relations man, and has cooperated with the Mountain States Telephone Company in the compilation, printing and delivery to each member of the legislature and attaches and offices connected therewith a copy of the Legislative Telephone Directory for 1971. NOW, THEREFORE, BE IT RESOLVED by the First Regular Session of the Forty-first Idaho Legislature, the House of Representatives and the Senate concurring therein, that we express our sincere appreciation to the Mountain States Telephone Company and to the General Telephone Company of the Northwest for their generous and splendid contribution to the convenience and function of this legislature. BE IT FURTHER RESOLVED that we express our appreciation and commendation to Dick Moon of the Mountain States Telephone Company, to Roy Lewis of the General Telephone Company of the Northwest, and to the personnel responsible for the operation of the facilities, for their faithful performance and the scrupu lous acquittal of their responsibilities. BE IT FURTHER RESOLVED that the Chief Clerk of the House of Representatives be, and she hereby is, directed to transmit suitable copies of this resolution to the Mountain States Telephone Company headquarters at Denver, Colorado, to the Mountain States Telephone Corn-
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pany District Office at Boise, Idaho, and to the Genera Telephone Company of the Northwest at Coeur dâ&#x20AC;&#x2122;Alene Idaho. H.C.R. 31 By WAYS AND MEANS COMMITTEE A CONCURRENT RESOLUTION Expressing appreciation to the Idaho Medical Associa bion and to Doctor John A. Edwards for furnishrn medical dispensary services to the state legislature. Be It Resolved by the Legislature of the State of Idaho WHEREAS, the Idaho Medical Association has estab lished and provided for the members of the House o Representatives and Senate a medical dispensary in th House Chamber of the Idaho Statehouse to provide medi cal care and attendance for all members and attache of the legislature; and WHEREAS, the Idaho Medical Association has pro. vided all necessary medical supplies and made all ar rarigements to provide the necessary medical equipment: and WHEREAS, Doctor John A. Edwards, practicing physi. clan of the city of Council, Idaho, and member of th House of Representatives of the First Regular Sessior of the Forty-first Idaho Legislature, has gratuitousl3 given his services to care for those persons requesting medical dispensary attention; and WHEREAS, it is our desire to express our appreciatior and gratitude to the Idaho Medical Association and tc Doctor John A. Edwards. NOW, THEREFORE, BE IT RESOLVED by the Firsi Regular Session of the Forty-first Idaho Legislature the House of Representatives and Senate concurrin therein, that we express our sincere appreciation anc gratitude to the Idaho Medical Association and to Docto John A. Edwards for making this highly beneficial serVicE available to us. BE IT FURTHER RESOLVED that this resolution bE spread upon the Journal of the House of Representative and the Journal of the Senate, and that the Chief Cleri of the House of Representatives be, and she is hereb3 instructed to forward a copy of this resolution to thE Idaho Medical Association, 407 East Bannock Street, Boise Idaho, and to Doctor John A. Edwards, Council, Idaho. H.C.R. 7 By LOCAL GOVERNMENT COMMITTEE A CONCURRENT RESOLUTION Directing the Legislative Council to conduct a stud3 of the feasibility of units of local government sharin existing and future facilities and functions and of othei alternative solutions to the problems of providing efficient economical and responsible services at the local level o government. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, It is in the best interests of the peoplE of the state of Idaho that local governmental services bE provided in the most efficient, effective, responsible ant economical manner; and WHEREAS, the continued growth of Idaho necessitate constant study and exploration of the best means ol providing governmental services, at all levels; and WHEREAS, much of Idaho is becoming urbanized suburban fringe areas are being formed and areas oi overlapping jurisdiction are developing; and WHEREAS, continued urban and suburban growth hai contributed to a proliferation of governmental problem at the local level including the following: the lack ol needed services, particularly in unincorporated areas; lose of tax base of central cities to suburban fringe areas uneven distribution of tax resources; duplication of costly facilities; lack of governmental units with the ability t.
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ope with area-wide problems such as air pollution, trans. ortation, and general environmental control; and the cost and confusion of numerous overlapping governmental urisdictions; and WHEREAS, local governmental units are finding it increasingly difficult to cope with these problems and rovide services in urban and suburban areas. NOW, THEREFORE, BE IT RESOLVED by the First Eegular Session of the Forty-first Idaho Legislature, the Rouse of Representatives, and the Senate concurring :herein, that the Legislative Council is hereby authorized and directed to study the feasibility of interlocal coopera bive arrangements for the sharing of existing and future unctions and facilities including but not limited to the study of the following functions: fire protection; law nforcement; health, ambulance and welfare services; sewer and water; planning, development and subdivision control; cooperative aviation facilities; recreation and culture; libraries; streets and public ways; garbage and c-efuse disposI; pollution control; cooperative purchasing and other administrative functions. BE IT FURTHER RESOLVED that the Legislative Council is also authorized and directed to study other alternative solutions to the problems of overlapping juris lictions and duplications of functions and facilities in cluding but not limited to such proposed solutions as the rollowing: parallel action and the creation of joint agen cies; compacts; transfer of functions from one unit to another; city-county separation; geographic and/or func bional consolidation; and BE IT FURTHER RESOLVED that the results and recommendations of this study and the proposals in such rorm as may be introduced as legislation shall be re ported to the Second Regular Session of the Forty-first [daho Legislature. H.C.R. 26 By WAYS AND MEANS COMMITTEE A CONCURRENT RESOLUTION Authorizing the Speaker of the House and the Presi lent of the Senate to complete necessary work after the adjournment of the Legislature. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, it is necessary that certain legislative matters must be completed upon the adjournment of the [egislature; and WHEREAS, it is the responsibility of the presiding ifficers of the House of Representatives and Senate to see bhat these legislative matters are properly and expedi biously carried on. NOW, THEREFORE, BE IT RESOLVED by the First Regular Session of the Forty-first Idaho Legislature, the Rouse of Representatives and the Senate concurring bherein, that the Speaker of the House and the President if the Senate be, and they are hereby, empowered and clirected to retain the Chief Clerk of the House and the secretary of the Senate and a sufficient number of the mployees of both houses for the period of time after adjournment of the legislature necessary to complete, correct, index, transcribe, arrange, compare and file the tecords and papers of the House of Representatives and bhe Senate and to make final and lawful disposition of such records and papers, and to do all acts necessary to conclude and complete the affairs of each house following all adjournments; that the compensation for the Chief Clerk and the Secretary and the employees retained by he Speaker and the President shall be at the rate per clay now received by said Chief Clerk, Secretary or em ployees, and the Speaker and the President are hereby authorizd to certify the same to the State Auditor for payment. BE IT FURTHER RESOLVED that during the time aecessary to make final disposition of the records and papers of the House and the Senate, the Chief Clerk and
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the Secretary and other employees as the Speaker and the President may require shall perform such duties as may
be directed by the Speaker or the President. BE IT FURTHER RESOLVED that the Speaker be, and he is hereby instructed to have prepared under his direc tion an index to the House Journal to be printed in the Journal. BE IT FURTHER RESOLVED that the President be, and he is hereby instructed to have prepared under his
direction an index to the Senate Journal to be printed in
the Journal. BE IT FURTHER RESOLVED that the Speaker and the President are authorized to provide for the meetings and payment of expenses of standing committees found necessary prior to the convening of the Second Regular Session of the Forty-first Idaho Legislature, and are hereby authorized to certify the same to the State Auditor for payment. BE IT FURTHER RESOLVED that the Speaker and the President are authorized to prepare for the organiza tional session of the Forty-second Legislature in 1973 and are authorized to retain the necessary personnel for such purposes and to certify their compensation to the State Auditor for payment. BE IT FURTHER RESOLVED that the Speaker is hereby authorized to maintain a staff in the office of the Speaker during the time when the House is not in session and to certify their compensation to the State Auditor for payment. BE IT FURTHER RESOLVED that the Speaker and the President are authorized to direct and supervise the post adjournment work and activities of the legislature as herein provided and for such shall receive as expenses the same amount of total remuneration as they receive as Speaker of the House and President of the Senate while the legislature is in session. H.C.R. 21, H.C.R. 23, ll.C.R. 24, H.C.R. 27, H.C.R. 28, H.C.R. 29, H.C.R. 30, H.C.R. 31, H.C.R. 7 and II.C.R. 26 were ordered held at the desk for two legislative days. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1263 be suspended; that the portions of Section 15 Article 3 •f the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that S. 1263 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Evans. Seconded by Senator Kidwell. The question being, “Shall the rules be suspended?”
Roll call resulted as follows Allen, Barker, Bilyeu, Bivens, Brown, Chase AYES Cobbs, Crookham, Crutcher, Ellsworth (20), Ellswortli (30), Evans, Kidwell, Klein, Manning, Miller, Mix, Murphy Rigby, Solberg, Steen, Stoicheff, Summers, Swenson. Total —24. NAYS None. —
—
Absent and excused
—
Brassey, Budge, Egbert, Fred.
ericksen, High, Manley, Mitchell, Peavey, Saxvik, Wil liams, Yarbrough. Total—il.
Total—35. More than two-thirds having voted in the affirmative the
President declared the rules suspended.
5. 1263 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?”
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Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brown, Chase, AYES Cobbs, Crookham, Crutcher, Ellsworth (20), Ellsworth (30), Evans, Klein, Manning Miller, Mitchell, Mix, Mur phy, Rigby, Saxvik, Steen, toicheff, Summers, Swenson. Total—24. Kidwell. Total—i. NAYS Brassey, Budge, Egbert, Fred Absent and excused ericksen, High, Manley, Peavey, Solberg, Williams, Yar brough. Total—lO. Total—35. Whereupon the President declared the bill passed. Title was approved as corrected and the bill ordered transmitted to the House. Introduction, First Reading and Reference of Bills S. 1273 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 40-137, Idaho Code, relating to the policy of the legislature on expenditures of highway funds, by providing for certification of funds from the Highway User’s Fund to the State Auditor as dedicated funds, providing the date of certification, providing for publication, providing for penalties, providing for filing the certification; and providing an effective date.
Motions and Resolutions Motion to Suspend Rules
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5. 1274 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 37-1915, Idaho Code, as amended by Section. 1, Chapter 101, Laws of 1971, by providing that holding coolers need not be separate units for inspected and non-inspected meat products when one holding cooler is large enough to be properly partitioned to separate such inspected and non-inspected meat products. S. 1275 By FINANCE COMMITTEE AN ACT Appropriating monies out of the fund enumerated to the Board of Regents of the University of Idaho for short term applied research and prescribing a major program for the period July 1, 1971 through June 30, 1972. S. 1276 By FINANCE COMMITTEE AN ACT Amending Section 67-3602, Idaho Code, relating to payment of salaries and wages, by providing that appro priations made to classifications other than salaries and wage classification may be expended for salaries and wages only with the consent of the State Board of Exam iners; and providing an effective date. S. 1273, S. 1274, 5. 1275 and S. 1276 were introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. H. 336, by Education Committee, was introduced, read the first time at length and referred to the Health, Educa tion and Welfare Committee. Senator Kidwell requested unanimous consent, that the Senate advance to the Twelfth Order of Business, Second Reading Calendar. Senator Evans objected. On request by Senator Evans, granted by unanimous consent, the Senate returned to the Tenth Order of Busi ness.
Mr. President: I move that all rules of the Senate interfering wit] the immediate passage of S. 1246 be suspended; that th portions of Section 15 Article 3 of the Constitution o: the State of Idaho requiring all bills to be read on thre several days be dispensed with, this being a case 0: urgency, and that S. 1246 be read the first time by title second time by title, and third time at length, section b section, and be put upon its final passage. Moved by Senator Evans. Seconded by Senator Kidwell. The question being, “Shall the rules be peV Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoichefi Summers, Swenson, Williams, Yarbrough. Total—35. NAYS None. Total—35. —
More than two-thirds having voted in the affirmativ the President declared the rules suspended. The President called Senator Mix to the Chair. S. 1246 was read the first time by title, second time b title and the third time at length, section by section an’ placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: Allen, Bilyeu, Bivens, Chase, Cobbs, Crookhair AYES Crutcher, Evans, Kidwell, Klein, Manning, Miller, Mitchel] Mix, Murphy, Rigby, Saxvik, Steen, Stoicheff, Summer Potal—20. —
Barker, Brown, Ellsworth (20), Ellswort] NAYS (30), Swenson. Total—S. —
Absent and excused Brassey, Budge, Egbert, Fred ericksen, High, Manley, Peavey, Solberg, Williams, Yar brough. Total—lO. —
Total—35. Whereupon the passed.
Acting
President
declared the
bi]
Title was approved and the bill ordered transmitted t the House, On request by Senator Evans, granted by unanimou consent, the Senate advanced to the Twelfth Order o Business. Second Reading of Bills Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering wit] the immediate passage of S. 1254 be suspended; that th portions of Section 15 Article 3 of the Constitution 0: the State of Idaho requiring all bills to be read on thre several days be dispensed with, this being a case o: urgency, and that S. 1254 be read the first time by title second time by title, and third time at length, section b3 section, and be put upon its final passage. Moved by Senator Evans. Seconded by Senator Bivens. The question being, “Shall the rules be suspended?’
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Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, udge, Chase, Cobbs, Crookham, tDlmtcher, Egbert, Ells vorth (20), Ellsworth (30), Evans, Fredericksen, High, Udwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Iurphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, ummers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. More than two-thirds having voted in the affirmative he Acting President declared the rules suspended. On request by President Pro-Tempore Ellsworth, grant d by unanimous consent, S. 1254 was referred to the enth Order of Business, Motions and Resolutions, for vlarch 17, 1971. Motion to Suspend Rules dr. President: I move that all rules of the Senate interfering with he immediate passage of S. 1264 be suspended; that the ortions of Section 15 Article 3 of the Constitution of he State of Idaho requiring all bills to be read on three everal days be dispensed with, this being a case of irgency, and that S. 1264 be read the first time by title, econd time by title, and third time at length, section by ection, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Rigby. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, judge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells orth (20), Ellsworth (30), Evans, Fredericksen, High, idwell, Klein, Manley, Manning, Miller, Mitchell, Mix, ‘Iurphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, ummers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. More than two-thirds having voted in the affirmative he Acting President declared the rules suspended. S. 1264 was read the first time by title, second time y title and the third time at length, section by section md placed before the Senate for final consideration, he question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bivens, Brown, Ellsworth (20), llsworth (30), Klein, Miller, Peavey, Rigby, Saxvik, steen. Total—12. NAYS—Bilyeu, Cobbs, Crutcher, Evans, Kidwell, Man iing, Mitchell, Mix, Murphy, Stoicheff. Total—lO. Absent and excused—Brassey, Budge, Chase, Crookham, gbert, Fredericksen, High, Manley, Solberg, Summers, swenson, Williams, Yarbrough. Total—13. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted bothe House. On request by Senator Kidwell, granted by unanimous :onsent, the Senate advanced to the Thirteenth Order f Business. Third Reading of Bills H. 276 was read the third time at length, section by section and placed before the Senate for final considera bion, the question being, “Shall the bill pass?”
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Roll call resulted as follows: AYES Allen Barker, Bilyeu, Bivens, Brown, Cobbs, Crookham, Crutcber, Ellsworth (20), Ellsworth (30), Evans, Kidwell, Klein, Manning, Miller, Mitchell, Mix, Murphy, Righy, Steen. Total—20. NAYS Stoicheff. Total—i. Absent and excused Brassey, Budge, Chase, Egbert, Fredericksen, High, Manley, Peavey, Saxvik, Solberg, Sum mers, Swenson, Williams, Yarbrough. Total—14. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 247 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brown, Cobbs, Crookham, Crutcher, Ellsworth (20), Ellsworth (30), Evans, Kidwell, Klein, Miller, Mitchell, Mix, Murphy, Rigby, Saxvik, Steen, Stoicheff. Total—2i. NAYS None. Absent and excused Brassey, Budge, Chase, Egbert, Fredericksen, High, Manley, Manning, Peavey, Solberg, Summers, Swenson, Williams, Yarbrough. Total—it. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Rigby, seconded by Senator Bivens, the Senate adjourned until 9:00 o’clock a.m., Wed nesday, March 17, 1971. JOHN MIX, Acting President. Attest: ARTHUR WILSON, Secretary: —
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SIXTY-SIXTH LEGISLATIVE DAY
WEDNESDAY, MARCH 17, 1971 Senate Chamber, Boise, Idaho, March 17, 1971. President Murphy called the Senate to order at 9:00 o’clock a.m. Roll call showed all members present. The following prayer was offered by Chaplain Newel] Morgan: Grant, our God, that this assembly of free people, selected by the people of this great State to help form our laws, shall have wisdom and guidance as they debate and consider the bills before them. We thank Thee for the processes o self-government, laws based on truth, facts, debate. As a heritage, costly in obtaining, may we cherish, maintain and most fully use the democratic form of self-government. Help us that the true fruits of democracy shall be
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fully realized by all within our Nation. May we who stand in this generation, be the means of taking the best from the past and help implant all that is good into the lives of those who follow us. May these who serve our State, standing now before Thee be tools in Thy hands, instruments for the good of all. In Christâ&#x20AC;&#x2122;s Name, Amen. Presentation of Petitions, Resolutions and Memorials The following resolutions were read at length by the Secretary: S.C.R. 116 By STATE AFFAIRS COMMITTEE A CONCURRENT RESOLUTION Expressing appreciation to the Lewiston Tribune, the Post-Register the Twin Falls Times-News, the Idaho State Journaâ&#x20AC;&#x2122;, Air West, and Black & White Cab Com pany for providing and delivering complimentary issues of newspapers for the use and benefit of the members of the Forty-first Idaho Legislature. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, the Lewiston Tribune, the Post-Register, the Twin Falls Times-News and the Idaho State Journal have gratuitously provided copies of their respective newspapers for the use and benefit of the members of the First Regular Session of the Forty-first Idaho Legislature; and WHEREAS, Air West and the Black & White Cab Com pany of Boise, Idaho, have gratuitously provided services for the prompt delivery of said newspapers to the mem bers of the First Regular Session of the Forty-first Idaho Legislature; and WHEREAS, the availability of said newspapers shortly after publication has been of great assistance to the members of the First Regular Session of the Forty-first Idaho Legislature in keeping them properly advised of news and opinions in the various parts of the state of Idaho. NOW, THEREFORE, BE IT RESOLVED by the First Regular Session of the Forty-first Idaho Legislature, the House of Representatives and the Senate concurring therein; that we express our sincere appreciation to the Lewiston Tribune, the Post-Register, the Twin Falls Times-News, the Idaho State Journal, Air West, and the Black & White Cab Company for their generous contribu tion to the effective operation of this legislature, BE IT FURTHER RESOLVED that the Secretary of the Senate be, and he hereby is, directed to transmit suitable copies of this resolution to the Lewiston Tribune, the PostRegister, the Twin Falls Times-News, the Idaho State Journal, Air West, and the Black & White Cab Company, S.C.R. 117 By STATE AFFAIRS COMMITTEE A CONCURRENT RESOLUTION Expressing appreciation to the Mayor, the Chief of Police and the Police Department of the city of Boise for providing free automobile parking privileges to each member and attache of the First Regular Session of the Forty-first Legislature of the state of Idaho, Be It Resolved by the Legislature of the State of Idaho: WHEREAS, the police department of the city of Boise has graciously provided free parking privileges for the automobiles of all the members and attaches throughout the First Regular Session of the Forty-first Idaho Legis lature. NOW, THEREFORE, BE IT RESOLVED by the First Regular Session of the Forty-first Idaho Legislature, the
March 17]
House of Representatives and the Senate concurring therein, that we express our sincere appreciation to Ja3 Amyx, Mayor; to John Church, Chief of Police; and th police department of the city of Boise, for their kindnesi and hospitality in making free parking privileges avail able to the members and attaches throughout the Firsi Regular Session of the Forty-first Idaho Legislature. BE IT FURTHER RESOLVED that the Secretary o the Senate be, and he is hereby authorized and directec to forward copies of this resolution to Jay Amyx, Mayor to John Church, Chief of Police; and to the police depart ment of the city of Boise, Idaho. S.C.R. 118 By STATE AFFAIRS COMMITTEE A CONCURRENT RESOLUTION Expressing appreciation to Associated Industries ol Idaho for furnishing the Legislative Digest to the Statc Legislature. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, the Associated Industries of Idaho hai prepared and distributed to the members of the HousE of Representatives and the Senate, each day of the Firsi Regular Session of the Forty-first Session of the Idahc Legislature, a legislative digest of bills introduced is each chamber, together with an attractive personalized binder for same; and WHEREAS, the objective analyses of the bills digested therein have been of considerable assistance and a real benefit to the members of the legislature; and WHEREAS, it is our desire to express our gratituth to Associated Industries of Idaho for this fine service. NOW, THEREFORE, BE IT RESOLVED by the Firsi Regular Session of the Forty-first Idaho Legislature, thE House of Representatives and the Senate concurring therein, that we express our sincere appreciation to th members of the Associated Industries of Idaho and tc Frank Shields, as executive secretary, for making thu highly beneficial service available to us. BE IT FURTHER RESOLVED that this resolution bE spread upon the Journal of the House of Representativei and the Journal of the Senate, and that the Secretary of the Senate be, and he hereby is, instructed to forward a copy thereof to Frank Shields, Executive Secretary Associated Industries of Idaho, 306 Simplot Building, Boise, Idaho. S.C.R. 116, S.C.R. 117 and S.C.R. 118 were referred to the Judiciary and Rules Committee for printing. Reports of Standing Committees March 17, 1971. The JUDICIARY AND RULES Committee reports thai 5. 1265, S. 1267, S. 1268, S. 1269, S. 1271, S. 1272, S. 1273, S. 1274, 5. 1275, 5. 1276 and S.J.R. 110 have been cor rectly printed. KLEIN, Chairman. S. 1265, S. 1267, S. 1268, S. 1269, S. 1271, S. 1275 and S. 1276 were referred to the Finance Committee. S. 1272, 5. 1273, S. 1274 and S.J.R. 110 were referred to the State Affairs Committee. March 17, 1971. The STATE AFFAIRS Committee reports out S. 1272, S. 1273, S. 1274 and S.J.R. 110 with the recommendation that they be referred to the Tenth Order of Business Motions and Resolutions. SUMMERS, Chairman. S. 1272, S. 1273, S. 1274 and S.J.R. 110 were referred to the Tenth Order of Business, Motions and Resolutions,
March17
Messages from the Governor STATE OF IDAHO Office of the Governor BOISE March 16, 1971 he Honorable Jack Murphy ‘resident of the Senate enate Chambers uilding )ear Mr. President: I have the honor to inform you that I have this day pproved and am transmitting to the Secretary of State he following Senate Bills, to-wit: SENATE BILL 1175 SENATE BILL 1111 SENATE BILL 1139 SENATE BILL 1186 SENATE BILL 1187 SENATE BILL 1188 Sincerely, Is! CECIL D. ANDRUS Governor The message was ordered filed in the office of the ecretary of the Senate. Messages from the House March 16, 1971. {r. President: I return herewith S. 1136, as amended in the House, vhich has passed the House. FITZWATER, Chief Clerk. 5. 1136, as amended in the House, was referred to the tenth Order of Business, Motions and Resolutions. March 16, 1971. vIr. President: I return herewith S. 1059 which has passed the House. FITZWATER, Chief Clerk. S. 1059 was referred to the Judiciary and Rules Com nittee for enrolling. March 16, 1971. fv. President: I return herewith S. 1144, S. 1179, S. 1214, 5, 1215, 1216, S. 1217, S. 1224, S. 1228, 5. 1229, S. 1231, S. 1232, 1233, S. 1234, 5. 1235, S. 1240, S. 1242, S. 1243, S. 1196 rnd S. 1209 which have passed the House. FITZWATER, Chief Clerk. S. 1144, S. 1179, S. 1214, S. 1215, S. 1216, S. 1217, 5. 1224, 1228, S. 1229, 5. 1231, S. 1232, S. 1233, S. 1234, 5. 1235, 1240, S. 1242, S. 1243, S. 1196 and S. 1209 were referred ;o the Judiciary and Rules Committee for enrolling. Motions and Resolutions On request by Senator Kidwell, granted by unanimous :onsent, S.J.R. 108, H.C.R. 12 and H.C.R. 17 retained their place on the Tenth Order of Business. The President announced, the rules having been sus ended on March 16, 1971, 5. 1254 was now before the senate for consideration. S. 1254 was read the first time by title, second time by itle and the third time at length, section by section and placed before the Senate for final consideration, the ques bion being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Budge, AYES Dhase, Cobbs, Crookham, Crutcher, Ellsworth (20), Ells worth (30), Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, . .
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Saxvik, Solberg, Steen, Summers, Swenson, Williams. Total—SO. NAYS Stoicheff. Total—i. Brown, Egbert, Evans, Yar Absent and excused brough. Total—4. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. On motion by Senator Murphy, seconded by Senator Kidwell, the Senate concurred in the House amendments to S. 1136. S. 1136, as amended in the House, was referred to the Judiciary and Rules Committee for engrossing. On request by Senator Bivens, granted by unanimous consent, H. 315 was placed on the Fourteenth Order of Business, General Calendar, for amendment. —
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Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1273 be suspended; that the por tions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgen cy, and that S. 1273 be read the first time by title, second time by title, and third time at length, section by sec tion, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?” Roll call resulted as follows: Allen, Barker. Bilyeu, Bivens, Brown, Budge, AYES Cobbs, Crookham, Crutcher, Ellsworth (20), Ellsworth (30), Fredericksen, High, Kidwell, Klein, Manley, Man ning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Sax vik, Solberg, Steen, Stoicheff, Swenson, Williams. Total —29. NAYS Chase. Total—i. Brassey, Egbert, Evans, Sum Absent and excused mers, Yarbrough. Total—5. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. S. 1273 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass ?“ Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Budge, Chase, Cobbs, Crutcher. Egbert, Ellsworth (20) Ellsworth (30), Fredericksen, Kidwell Klein, Manley Manning, Miller, Mitchell, Mix, Murpfiy, Peavey, Rigf,y, Saxvik, Solberg. Stoicheff, Summers, Swenson, Williams. Total—29. NAYS Brown. Total—i. Crookham, Evans, High, Steen Absent and excused Yarbrough. Total—S. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with thE —
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SENATE JOURNAL immediate passage of S. 1274 be suspended; that the por tions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three sev eral days be dispensed with, this being a case of urgency, and that S. 1274 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Budge, AYES Chase, Cobbs, Crutcher, Egbert, Ellsworth (20) Ellsworth (30), Fredericksen, Kidwell, Klein, Manley Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigly, Saxvik, Solberg, Stoicheff, Summers, Swenson, Williams. Total—29. Brown. Total—i. NAYS Crookham, Evans, High, Steen, Absent and excused Yarbrough. Total—S. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. S. 1274 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Fredericksen, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Solberg, Stoicheff, Summers, Swenson, Williams. Total —29. NAYS—None. Absent and excused—Crookham, Evans, High, Saxvik, Steen, Yarbrough. Total—6. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1272 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that S. 1272 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bivens, Brassey, Brown, Chase, Cobbs, Egbert, Ellsworth (20), Ellsworth (30), Kidwell, Klein, Peavey, Summers, Swenson, Williams. Total—16. NAYS—Bilyeu, Budge, Crutcher, Fredericksen, Man [ey, Manning, Miller, Mitchell, Mix, Murphy, Rigby, Sol berg, Stoicheff. Total—13. Absent and excused—Crookham, Evans, High, Saxvik, Steen, Yarbrough. Total—6. Potal—35. Less than two-thirds having voted in the affirmative he President declared the rules were not suspended and —
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March 17]
S. 1272 retained its place on the Tenth Order of Business Motions and Resolutions. Introduction, First Reading and Reference of Bills S. 1277 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 72-212, Idaho Code, relating tc exemptions from coverage of Workmen’s Compensation by providing that airmen engaged in application of pesti cides are exempt; and providing an effective date. S. 1277 was introduced, read the first time at lengt1 and referred to the Judiciary and Rules Committee foi printing. Second Reading of Bills H. 143, by Resources and Conservation Committee, wa read the second time at length and filed for third reading, II. 137, as amended, by Judiciary, Rules and Adminis tration Committee, was read the second time at length and filed for third reading. H. 292, by •State Affairs Committee, was read the second time at length and filed for third reading. H. 221, by Ways and Means Committee, was read the second time at length and filed for third reading. S. 1247, by State Affairs Committee, was read the second time at length and filed for third reading. S. 1255, by Judiciary and Rules Committee, was read the second time at length and filed for third reading. H. 273, by State Affairs Committee, was read the second time at length and filed for third reading. H. 261, by Ways and Means Committee, was read the second time at length and filed for third reading. H. 325, H. 326, H. 327, H. 328, H. 329, H. 330, H. 331, H. 332, H. 333, H. 334 and H. 335, by Appropriations Committee, were read the second time at length and filed for third reading. Third Reading of Bills Pursuant to Rule 14-E, Senator Cobbs requested unani mous consent, that H. 249 be reported forthwith from the Health, Education and Welfare Committee. Senator Barker objected. Senator Cobbs, yielded to Senator Manning. Pursuant to Rule 14-E, Senator Manning called for H. 249 demand ing that the same be brought forthwith to the Desk. Moved by Senator Barker, seconded by Senator Sol berg, that the Health, Education and Welfare Committee be excused from reporting out H. 249. The President called Senator High to the Chair. Roll call vote was requested by Senators Manning, Sol berg and Brassey. Call of the Senate was requested by Senators Bilyeu, Manning and Murphy. Whereupon the Acting President ordered the doorkeep ers to lock the doors permitting no Senators or the Presi dent to leave or enter the Senate Chambers except the Sergeant-at-Arms with absent members. Roll call showed all members present. On request by Senator Bivens, the Call of the Senate was lifted. The question being, “Shall the Health, Education and Welfare Committee be excused from reporting out H. 249?” Roll call resulted as follows: AYES—Allen, Budge, Chase, Crutcher, Egbert, Ells worth (30), Evans, Fredericksen, Miller, Mitchell, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Swenson, Wil liams, Yarbrough. Total—i9,
March 17
249
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NAYS—Barker, Bilyeu, Bivens, Brassey, Brown Cobbs, rookham, Ellsworth (20), High, Kidwell, Klein, Ian1ey, fanning, Mix, Murphy, Summers. Total—16. Total—35. Whereupon the Acting President declared the motion assed and the committee excused from reporting out L 249. On motion by President Pro-Tempore Ellsworth, see nded by Senator Mix, the Senate recessed until 1:30 ‘clock p.m. of this day. RECESS Afternoon Session •The Senate reconvened at 1:30 o’clock p.m., pursuant o recess, President Murphy presiding. Roll call showed all members present. Prior to recess the Senate was at the Thirteenth Order f Business. Third Reading of Bills The President announced S. 1258 was before the Senate or consideration. Moved by Senator Chase, seconded by Senator Stoicheff, hat S. 1258 be recommitted to the Finance Committee. Roll call vote was requested by Senators Evans, Mix nd Murphy. A substitute motion was made by Senator Evans, see )nded by Senator Crutcher, to place S. 1258 on the E’ourteenth Order of Business, General Calendar, for imendment. Roll call vote was requested by Senators Evans, Mur phy and Crutcher. On request by President Pro-Tempore Ellsworth, grant d by unanimous consent, S. 1258 retained its place on bhe Third Reading Calendar. S. 1051, as amended in the House, was read the third bime at length, section by section and placed before the senate for final consideration, the question being, “Shall bhe bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens. Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Mitchell, Mix, Murphy, Peavey, Saxvik, Steen, Stoicheff, Summers, Williams, Yar brough. Total—31. NAYS—None. Absent and excused—Miller, Rigby, Solberg, Swenson. Total—4. Total—35. Whereupon the President declared the bill passed and ordered it referred to the Judiciary and Rules Committee for enrolling. II. 243, as amended, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu Bivens, Brassey, Brown, Budge, Crookham, Crutcher, Egfert, Ellsworth (20), Ells worth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Mitchell, Mix, Murphy, Saxvik, Summers, Swen son, Williams, Yarbrough. Total—26. NAYS—Chase, Cobbs, Manning, Peavey, Steen, Stoi cheff. Total—6. Absent and excused—Miller, Rigby, Solberg. Total—3. Total—35. Whereupon the President declared the bill passed.
Title was approved and the bill ordered returned to the House. H. 87 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Mitchell, Mix, Murphy, Peavey, Saxvik, Steen, Stoicheff, Summers, Williams, Yarbrough. Total—31. NAYS—None. Absent and excused—Miller, Rigby, Solberg, Swenson. Total—4. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 69, as amended, was read the third time at length2 section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcber, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Klein, Manley, Manning, Mitchell, Mix, Murphy, Peavey, Saxvik, Steen, Stoicheff, Swenson, Williams, Yarbrough. Total—30. NAYS-None. Absent and excused—Kithvell, Miller, Rigby, Solberg, Summers. Total—5. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 280 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Mitchell, Mix, Murphy, Peavey, Saxvik Steen, Stoicheff, Summers, Willlams Yarbrough. Tota—31. NAYS—None. Absent and excused—Miller, Rigby, Solberg, Swenson Total—4. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned tc the House. H. 281 was read the third time at length, section b section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker,.Bilyeu, Bivens, Brassey, Brown AYES Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High Kidwell, Klein. Manley, Manning, Mitchell, Mix, Murphy Peavey, Saxvik, Steen, Stoicheff, Summers, Williams, Yar brough. Total—31. NAYS None. —
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Absent and excused Miller, Rigby, Solberg, Swenson. Total—4. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. On request by Senator Bivens, H. 310 retained its place on the Third Reading Calendar. H. 311 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Elfsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Mitchell, Mix, Murphy, Peavey, Saxvik, Steen, Stoicheff, Summers, Williams, Yar brough. Total—31. NAYS None. Absent and excused Miller, Rigby, Solberg, Swenson. Total—4. Total—35. Whereupon the President declared the bill passed, Title was approved and the bill ordered returned to the House. H. 312 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Mitchell, Mix, Murphy, Peavey, Saxvik, Steen, Stoicheff, Summers, Williams, Yar brough. Total—31. NAYS None. Absent and excused Miller, Rigby, Solberg, Swenson. Total—4. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 314 was read the third time at length, section by 3ection and placed before the Senate for final considera lion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Lidwell, Klein, Manley, Manning, Mitchell, Mix, Murphy, Peavey, Saxvik, Steen, Stoicheff, Summers, Williams, Yar Drough. Total—31. NAYS None. —
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Absent and excused Total—4.
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Miller, Rigby, Solberg, Swenson.
Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the Elouse.
March 17:
Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High Kidwell, Klein, Manley, Manning, Mitchell, Mix, Murphy Peavey, Saxvik, Steen, $toicheff, Summers, Williams, Yar brough. Total—31. NAYS None. Absent and excused Miller, Rigby, Solberg, Swenson Total—4. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to th House. The President called Senator Kidwell to the Chair. II. 304 was read the third time at length, section b section and placed before the Senate for final considera tion, the question being, “Shall the bill pass ?“ Roll call resulted as follows: AYES Allen, Barker, Bivens, Brassey, Chase, Cobbs Crooltham, Crutcher, Ellsworth (30), Evans, Fredericksen High, Kidwell, Klein, Manley. Manning, Mitchell, Mix. Murphy, Peavey, Saxvik, Steen, Stoicheff, Swenson, Wil• hams, Yarbrough. Total—26. NAYS Bilyeu, Budge, Summers. Total—3. Absent and excused Brown, Egbert, Ellsworth (20) Miller, Rigby, Solberg. Total—6. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 189, as amended, was read the third time at length section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs. Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Mitchell, Mix, Murphy, Peavey, Saxvik, Steen, Stoicheff, Summers, Williams, Yarbrough. Total—31. NAYS None. Absent and excused Miller, Rigby, Solberg, Swenson. Total—4. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. II. 289, as amended, was read the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass ?“ Roll call resulted as follows: AYES Allen, Barker, Bivens, Budge, Cobbs, Crook ham, Crutcher, Ellsworth (20), Ellsworth (30), Fred ericksen, High, Kidwell, Klein, Manley, Mitchell, Mix, Murphy, Peavey, Saxvik, Solberg, Steen, Stoicheff, Swen son, Williams, Yarbrough. Total—25. NAYS None. Absent and excused Bilyeu, Brassey, Brown, Chase, Egbert, Evans, Manning, Miller, Rigby, Summers. Total —10. Total—35. —
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H. 317 was read the third time at length, section by ;ection and placed before the Senate for final considera ;ion, the question being, “Shall the bill pass?”
March 17
SENATE JOURNAL
Whereupon the Acting President declared the bill rnssed. Title was approved and the bill ordered returned to the louse. H. 248, as amended, was rend the third time at length, ection by section and placed before the Senate for final :onsideration, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bivens, Budge, Cobbs, Crook AYES mm, Crutcher, Ellsworth (30), Fredericksen, High, Klein, Ianley, Mitchell, Mix, Peavey, Saxvik, Solberg, Steen, swenson, Williams. Total—20. NAYS Kidwell, Stoicheff. Total—2. Bilyeu, Brassey, Brown, Chase, Absent and excused gbert, Ellsworth (20), Evans Manning, Miller, Murphy, R.igby, Summers, Yarbrough. Total—13. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to bhe House. H. 105 was read the third time at length, section by section and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bivens, Budge, Cobbs, Crook AYES ham, Crutcher, Eilsworth (20), Ellsworth (30), High, Manley, Steen, Stoicheff, Swenson, Williams, Yarbrough. Total—16. Egbert, Evans, Kidwell, Mitchell, Mix, Mur NAYS phy, Peavey, Saxvik, Solberg. Total—9. Bilyeu. Brassey, Brown, Chase, Absent and excused Fredericksen, Klein, Manning, Miller, Rigby, Summers. Total—lO. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. On request by Senator Bivens, granted by unanimous consent, the Senate recessed for ten minutes. —
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RECESS The Senate reconvened, pursuant to recess, Acting President Kidwell presiding. Roll call showed all members present except Senator Rigby, excused. Prior to recess the Senate was at the Thirteenth Order of Business. Third Reading of Bills II. 310 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Miller, Mit chell, Mix, Murphy, Peavey, Solberg, Steen, Stoicheff, Summers, Swenson, Williams. Total—27. NAYS—None. Absent and excused—Barker, Brassey, Crutcher, Egbert, Manning, Rigby, Saxvik, Yarbrough. Total—8. Total—35. Whereupon the Acting President declared the bill passed.
261
Title was approved and the bill ordered returned to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1247 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that S. 1247 be read the first time title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Mix. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Bilyeu, Bivens Brown, Budge, Chase, Cobbs, Crookham, Ellsworth (20 Ellsworth (30), Evans, Fredericksen High, Kidwell, Klein, Manley, Miller, Mit chell, Mix, urphy, Peavey, Solberg, Steen, Stoicheff, Summers, Swenson, Williams. Total—27. NAYS—None. Absent and excused—Barker, Brassey, Crutcher, Egbert, Manning, Rigby, Saxvik, Yarbrough. Total—S. Total—35. More than two-thirds having voted in the affirmative the Acting President declared the rules suspended. S. 1247 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Budge Chase, Cobbs, Crookham, Ellsworth (20), Ellsworth (30) Fredericksen, Klein, Manley, Miller, Mitchell, Mix, Mur phy, Saxvik, Steen, Stoicheff, Swenson, Williams. Tota] —23. NAYS—Kidwell. Total—i. Absent and excused—Brown, Crutcher, Egbert, Evans High, Manning, Peavey, Rigby, Solberg, Summers, Yar. brough. Total—li. Total—35. Whereupon the Acting President declared the bil: passed. Title was approved and the bill ordered transmittec to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering witi the immediate passage of S. 1255 be suspended; tha the portions of Section 15 Article 3 of the Constitutioi of the State of Idaho requiring all bills to be read oi three several days be dispensed with, this being a cas of urgency, and that S. 1255 be read the first time b3 title, second time by title, and third time at length section by section and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Bilyeu, Bivens, Brown, Budge, Chase Cobbs, Crookham, Ellsworth (20), Ellsworth (30), Evans Fredericksen, High, Kidwell, Klein, Manley, Miller, Mit chell, Mix, Murphy, Peavey, Solberg, Steen, Stoicheff Summers, Swenson, Williams. Total—27. NAYS—None.
SENATE JOURNAL Absent and excused—Barker, Brassey, Crutcher, Egbert, Manning, Rigby, Saxvik, Yarbrough. Total—8. Total—35. More than two-thirds having voted in the affirmative the Aéting President declared the rules suspended. S. 1255 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Egbert, Ellsworth (20), Ellsworth (30), Fredericksen, Kidwell, Klein, Manley, Miller, Mitchell, Mix, Murphy, Solberg, Steen, Stoicheff, Summers, Swenson, Williams. Total—27. NAYS None. Absent and excused Crutcher, Evans, High, Manning, Peavey, Rigby, Saxvik, Yarbrough. Total—8. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. —
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Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 143 be suspended; that the por ions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that H. 143 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?” Roll call resulted as follows: Barker, Bilyeu, Bivens, Brassey, Budge, Chase, AYES Cobbs, Crookham, Egbert, Ellsworth (20), Ellsworth (30), Fredericksen, Kidwell, Klein, Manley, Miller, Mix, Mur phy, Solberg, Steen, Stoicheff, Summers, Swenson, Wil Liams. Total—24. NAYS Allen. Total—i. Absent and excused Brown, Crutcher, Evans, High, ‘Ianning, Mitchell, Peavey, Rigby, Saxvik, Yarbrough. Total—lO. Total—35. More than two-thirds having voted in the affirmative the Acting President declared the rules suspended, H. 143 was read the first time by title, second time by ;itle and the third time at length, section by section and 1aced before the Senate for final consideration, the ques ;ion being. “Shall the bill pass?” —
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Roll call resulted as follows: AYES Bilyeu, Bivens, Brassey, Budge, Chase, Cobbs, ]rookham, Egbert, Ellsworth (20), Ellsworth (30), Fred ricksen, Kidwell, Manley, Miller, Mitchell, Mix, Murphy, axvik, Solberg, Steen, Stoicheff, Summers, Swenson, Wil iams, Yarbrough. Total—25. NAYS Allen, Barker. Total—2. Absent and excused Brown, Crutcher, Evans, High, Clein, Manning, Peavey, Rigby. Total—8. Total—35. —
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March i7]
Whereupon the Acting President declared the bil] passed. Title was approved and the bill ordered returned to thc House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with thc immediate passage of H. 137, as amended, be suspended that the portions of Section 15 Article 3 of the Constitu tion of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that H. 317, as amended, be read th first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Allen, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High. Kidwell, Klein, Manley, Miller, Mit chell, Mix, Murphy, Peavey, Solberg, Steen, Stoicheff, Summers, Swenson, Williams. Total—27. NAYS None. Absent and excused Barker, Brassey, Crutcher, Eg bert, Manning, Rigby, Saxvik, Yarbrough. Total—$. Total—35. More than two-thirds having voted in the affirmative the Acting President declared the rules suspended. H. 137, as amended, was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final con sideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ells worth (30), Evans, Fredericksen, Kidwell, Klein, Manley, Miller, Mitchell, Mix, Murphy, Peavey, Saxvik, Solberg, Steen, Stoicheff, Swenson, Williams, Yarbrough. Total—29. NAYS—None. Absent and excused—Brassey, Brown, High, Manning, Rigby, Summers, Total—6, Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 292 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that H. 292 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ells worth (30), Evans, Fredericksen, Kidwell, Klein, Manley, —
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[March 17
‘1iller, Mitchell, Mix, Murphy, Peavey, Saxvik, Solberg, steen, Stoicheff, Swenson, Williams, Yarbrough. Total—29. NAYS—None. Absent and excused—Brassey, Brown, High, Manning, Rigby, Summers. Total—6. Total—35. More than two-thirds having voted in the affirmative bhe Acting President declared the rules suspended. H. 292 was read the first time by title, second time ly title and the third time at length, section by section nd placed before the Senate for final consideration, the luestion being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Budge, Chase, Dobbs, Crooltham, Crutcher, Egbert, Ellsworth (20) Ells vorth (30), Evans, Fredericksen, Kidwell Klein, lVfanley, Vliller, Mitchell, Mix, Murphy, Peavey, axvik, Solberg, steen, Stoicheff, Swenson, Williams, Yarbrough. Total—29. NAYS—None. Absent and excused—Brassey, Brown, High, Manning, Rigby, Summers. Total—6. Total—-35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 221 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that H. 221 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert Ellsworth (20), Ells worth (30), Evans, Fredericksen, Jidwell Klein, Manley, Miller, Mitchell, Mix, Murphy, Peavey, axvik, Solberg, Steen, Stoicheff, Swenson, Williams, Yarbrough. Total—29. NAYS—None. Absent and excused—Brassey, Brown, High, Manning, Rigby, Summers. Total—6. Total—35. More than two-thirds having voted in the affirmative the Acting President declared the rules suspended. H. 221 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: Allen, Bilyeu, Bivens, Crutcher, Ellsworth AYES (30), Fredericksen, Kidwell, Manley, Manning, Mitchell, Mix, Steen, Stoicheff, Williams. Total—14. NAYS—Brown, Budge, Egbert, Miller, Murphy, Peavey, Saxvik, Solberg, Swenson. Total—9. Barker, Brassey, Chase, Cobbs, Absent and excused Crookham, Ellsworth (20), Evans, High, Klein, Rigby, Summers, Yarbrough. Total—12. —
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Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of II. 273 be suspended; that the por. tions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that H. 273 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ells worth (30), Evans, Fredericksen, Kidwell, Klein, Manley Miller, Mitchell, Mix, Murphy, Peavey, Saxvik, Solberg, Steen, Stocheff, Swenson, Williams, Yarbrough. Total—29, NAYS — None. Brassey, Brown, High, Manning Absent and excused Rigby, Summers. Total—6. Total—35. More than two-thirds having voted in the affirmative the Acting President declared the rules suspended. The President returned to the Chair. H. 273 was read the first time by title, second time b title and third time at length, section by section anc placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Budge, Chase Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworti (30), Evans, Fredericksen, Kidwell, Manley, Manning Miller, Mitchell, Mix, Murphy, Peavey, Saxvik, Solberg Steen, Stoicheff, Summers, Swenson, Williams. Total—2$ NAYS None. Brassey, Brown, Cobbs, High Absent and excused Klein, Rigby, Yarbrough. Total—7. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned tc the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with tin immediate passage of H. 261 be suspended; that the por tions of Section 15 Article 3 of the Constitution of th State of Idaho requiring all bills to be read on thre several days be dispensed with, this being a case o urgency, and that H. 261 be read the first time by title second time by title, and third time at length, section b3 section and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Budge, Chase AYES Crookham, Crutcher, Egbert, Ellsworth (20), Ellswortl —
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(30), Evans, Fredericksen, Kidwell, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams. Total—2$. None. NAYS Absent and excused Brassey, Brown, Cobbs, High, Klein, Rigby, Yarbrough. Total—7. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. H. 261 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), fileworth (30), Evans, Fredericksen, Kidwell, Klein, Manley, Miller, Mitchell, Mix, Murphy, Peavey, Saxvik, Solberg, Steen, Stoicheff, Swenson, Williams, Yarbrough. Total—29. NAYS—None. Absent and excused—Brassey, Brown, High, Manning, Rigby, Summers. Total—6. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 325 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that H. 325 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ells worth (30), Evans, Fredericksen, Kidwell, Klein, Manley, Miller, Mitchell, Mix, Murphy, Peavey, Saxvik, Solberg, Steen, Stoicheff, Swenson, Williams, Yarbrough. Total—29. NAYS—None. Absent and excused—Brassey, Brown, High, Manning, Rigby, Summers. Total—6. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. II. 325 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—33. NAYS—None. Absent and excused—Egbert, Rigby. Total—2. Total—35. —
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March 17
Whereupon the President declared the bill passed. Title was approved and the bill ordered returned t4 the House. Call of the Senate was requested by Senators Biven and Mix and President Pro-Tempore Ellsworth. Whereupon the President ordered the doorkeepers t lock the doors permitting no Senator or the Presiden to leave or enter the Senate Chamber. The Sergeant-at Arms was instructed to find and present any absen members to the Senate. Roll call showed Senator Egbert, absent, and Senato: Rigby absent and excused. On request by President Pro-Tempore Ellsworth, grant ed by unanimous consent, the Call of the Senate wa lifted. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering witi the immediate passage of H. 326 be suspended; that thi portions of Section 15 Article 3 of the Constitution o the State of Idaho requiring all bills to be read on thre several days be dispensed with, this being a case oj urgency, and that H. 326 be read the first time by title second time by title, and third time at length, section bi section, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?’ Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), fllsworth (30), Evans Fredericksen, High Kidwell, Klein, Manley, Manning, killer, Mitchell, Mix Murphy, Peavey, Saxvik, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Rigby. Total—i. Total—35. More than two-thirds having voted in the amrmativ the President declared the rules suspended. H. 326 was read the first time by title, second time b3 title and the third time at length, section by section ant placed before the Senate for final consideration, tlu question being, “Shall the bill pass?” Roll call resulted as follows; AYES Allen, Barker, Bivens, Brassey, Brown, Cobbs Crookham, Egbert, fllsworth (30), Fredericksen, High Kidwell, Klein, Manley, Mitchell, Mix, Steen, Williams Yarbrough. Total—i9. NAYS Bilyeu, Budge, Chase, Manning, Miller, Mur. phy, Saxvik, Solberg, Stoicheff, Summers, Swenson. Tots —ii. Absent and excused Crutcher, Ellsworth (20), Evans Peavey, Rigby, Total—S. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to tin House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering witi the immediate passage of H. 327 be suspended; that tin portions of Section 15 Article 3 of the Constitution ol the State of Idaho requiring all bills to be read on thre several days be dispensed with, this being a case ol urgency, and that H. 327 be read the first time by title —
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March 17
SENATE JOURN-AL
econd time by title, and third time at length, section by ection, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES udge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells vorth (20), Ellsworth (30), Evans, Fredericksen, High, idwell, Klein, Manley, Manning, Miller, Mitchell, Mix, [urphy, Peavey, Saxvik, Solberg, Steen, Stoicheff, Sum ners, Swenson, Williams, Yarbrough. Total—34. NAYS None. Absent and excused Rigby. Total—i. Total—35. More than two-thirds having voted in the affirmative he President declared the rules suspended. H. 327 was read the first time by title, second time by itle and the third time at length, section by section and ilaced before the Senate for final consideration, the ques ion being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Cobbs, gbert, Ellsworth (20), Ellsworth (30), Evans, Fredericken, High, Klein, Manley, Manning, Miller, Mitchell, Mix, thirphy, Saxvik, Steen, Stoicheff, Summers, Swenson, williams, Yarbrough. Total—26. NAYS Budge. Total—i. Brown, Chase, Crookham, Crut Absent and excused her, Kidwell, Peavey, Rigby, Solberg. Total—8. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the ‘ouse. Motion to Suspend Rules 1r. President: I move that all rules of the Senate interfering with the mmediate passage of H. 328 be suspended; that the por ions of Section i5 Article 3 of the Constitution of the tate of Idaho requiring all bills to be read on three everal days be dispensed with, this being a case of irgency, and that H. 328 be read the first time by title, econd time by title, and third time at length, section by ection, and be put upon its final passage, Moved by Senator Bivens. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, 3udge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells vorth (20), Ellsworth (30), Evans, Fredericksen, High, Udwell, Klein, Manley, Manning, Miller, Mitchell, Mix, ‘Iurphy, Peavey, Saxvik, Solberg, Steen, Stoicheff, Sum ners, Swenson, Williams, Yarbrough. Total—34. NAYS None. Absent and excused Rigby. Total—i, Total—35. More than two-thirds having voted in the affirmative the Eresident declared the rules suspended. II. 328 was read the first time by title, second time by ;itle, and the third time at length, section by section and laced before the Senate for final consideration, the ques ion being, “Shall the bill pass?” —
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255
Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Cobbs, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, Klein, Manley, Manning, Miller Mit chell, Mix, Murphy, Peavey, Saxvik, Solberg, teen, Stoicheff, Swenson, Williams, Yarbrough. Total—28. NAYS Budge. Total—i. Absent and excused Chase, Crookham, High, Kidwell, Rigby, Summers. Total—6. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House, Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 329 be suspended; that the por tions of Section i5 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that H. 329 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Saxvik, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams, Yarbrough. Total—34. NAYS None. Absent and excused Rigby. Total—i. Total—-35. More than two-thirds having voted in the affirmative the President declared the rules suspended. H. 329 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Saxvik, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams, Yarbrough. Total—34. NAYS None. Absent and excused Rigby. Total—i. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. On request by Senator Bivens, granted by unanimous consent, the Senate advanced to the Fourteenth Order of Business. General Calendar The President declared the Senate recessed and called Senator Murphy to the Chair to preside during the sitting of the Committee of the Whole. Following the adjournment of the Committee of the Whole, the President called the Senate to order, —
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Report of the Committee of the Whole Senator Murphy, Chairman of the Committee of the Whole, reported out H. 191, as amended, H. 159, H. 303, H. 55, as amended, and H. 315, without recommendation, amended as follows: SENATE AMENDMENT TO H. 191, AS AMENDED AMENDMENT TO SECTION 1 On page 1 of the engrossed bill, in line 17, following the word “or”, delete the words “any resident citizen”, and insert in lieu thereof the following words: “the board of architectural examiners”. SENATE AMENDMENTS TO H. 159 AMENDMENTS TO SECTION 1 On page 1 of the printed bill, in line 31, delete the words “for taxation”. On page 1 of the printed bill, in line 32, delete the word “purpnses”. On page 2 of the printed bill, in line 6, delete the word “for”. On page 2 of the printed bill, in line 7, delete the words “taxation purposes”. CORRECTION TO TITLE On page 1 of the printed bill, in line 8, delete the words “FOR TAXATION PURPOSES”. SENATE AMENDMENT TO H. 303 AMENDMENT TO SECTION 2 On page 1 of the printed bill, in line 22, after the word “Bonner”, delete the figure “$10,000”, and insert in lieu thereof the figure “$9,000”. SENATE AMENDMENTS TO H. 55, AS AMENDED AMENDMENTS TO SECTION 1 On page 2 of the engrossed bill, in line 27, following the word “against”, insert the word “unreasonable”. On page 2 of the engrossed bill, in line 27, following the words “waters for”, insert the words “diversion to”. On page 2 of the engrossed bill, in line 28, following the word “beneficial”, delete the words “and public”. AMENDMENTS TO SECTION 4 On page 3 of the engrossed bill, in line 25, following the words and character, “said ground water,”, delete the word “and”. On page 3 of the engrossed bill, in line 26, following the word “health” and before the “.“, insert the follow ing: “and the effect upon public benefits derived there from, if any”. AMENDMENTS TO SECTION 6 On page 4 of the engrossed bill, in line 4, following the word “causing”, insert the word “unreasonable”. On page 4 of the engrossed bill, in line 11, at the beginning of the line, insert the word “unreasonable”. On page 4 of the engrossed bill, in line 16, following the word “causing”, insert the word “unreasonable”. AMENDMENTS TO SECTION 7 On page 4 of the engrossed bill, in line 29, following the word “beneficial”, delete the word “or”. On page 4 of the engrossed bill, in line 30, at the beginning of the line, delete the word “public”. AMENDMENTS TO SECTION 8 On page 4 of the engrossed bill, in line 40, following the word “beneficial”, delete the words “or public”. On page 5 of the engrossed bill, in line 15, following the word “beneficial”, delete the word “and”. On page 5 of the engrossed bill, in line 16, at the beginning of the line, delete the word “public”. On page 5 of the engrossed bill, in line 17, following
March 17
the word “denied” and before the “,“, insert the follow ing: “and the department finds there are no overridin needs existing to justify the use of the waste thsposa and injection well”. AMENDMENTS TO SECTION 10 On page 6 of the engrossed bill, in line 3, followin the word “beneficial”, delete the words “and public”. On page 6 of the engrossed bill, in line 4, followin the word “causing”, insert the word “unreasonable”. AMENDMENT TO SECTION 11 On page 6 of the engrossed bill, in line 39, followin the word “misdemeanor”, but before the “.“, insert th following: “; provided, that no misdemeanor shall occu where an owner applied for a permit before January 7 1974, and the department of water administration ha not approved or rejected said application”. AMENDMENT TO SECTION 13 On page 7 of the engrossed bill, in line 15, followin the words “waste and” insert the word “unreasonable’ AMENDMENT TO THE BILL On page 7 of the engrossed bill, in line 21, add a nec section to read as follows: “SECTION 14. The provisions of this act shall no prevent the present or future use of any existing 0: proposed waste disposal and injection well which is use exclusively for disposal of irrigation waste water or o surface runoff water where such disposal does not ad versely affect domestic water sources. The department of health and water administration shall establish criteri and standards for disposal of irrigation waste water: under the provisions of this act which shall not becom valid and enforceable until adopted under provisions o: the administrative procedures act, chapter 52, title 6’ Idaho Code.”. AMENDMENT TO SECTION 14 On page 7 of the engrossed bill, in line 22, following the word “SECTION”, delete the number “14” and inser the number “15”. CORRECTIONS TO TITLE On page 1 of the engrossed bill, in line 30, following the word “BENEFICIAL”, delete the words “AND PUB LIC”. On page 2 of the engrossed bill, in line 22, following the word and character “STANDARDS;”, insert the fol lowing: “PROVIDING THAT THE PROVISIONS 01 THIS BILL SHALL NOT PREVENT THE PRESEN’ OR FUTURE USE OF ANY EXISTING OR PROPOSEI WASTE DISPOSAL AND INJECTION WELL WHICI IS USED EXCLUSIVELY FOR DISPOSAL OF IRRI GATION WASTE WATER OR OF SURFACE RUN OFF WATER WHERE SUCH DISPOSAL DOES NO’i ADVERSELY AFFECT DOMESTIC WATEI SOURCES;”. SENATE AMENDMENT TO H. 315 AMENDMENT TO SECTION 1 On page 2 of the printed bill, delete all of lines 1 and 17, and in line 18 delete the words “treatment wen employed”, and insert in lieu thereof: “, providing tha neither he nor his dependents shall be entitled to incom benefits of any kind beyond those reasonably expectei to have been paid had he undergone medical or surgica treatment”. The Committee also has S. 1132, S. 1113, S. 1173 S. 1203 and H. 201 under consideration, report progres: and beg leave to sit again. MURPHY, Chairman. On motion by Senator Murphy, seconded by Senato: Peavey, the report was adopted. H. 191, as amended, as amended in the Senate, H. 15
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,s amended in the Senate, II. 303, as amended in the enate, H. 55, as amended, as amended in the Senate, nd II. 315, as amended in the Senate, were filed for trst reading. Senate amendments to H. 191, as amended, H. 159, 1. 303, H. 55, as amended, and H. 315 were referred to he Judiciary and Rules Committee for printing. There being no objection, the Senate returned to the ifth Order of Business. Presentation of Petitions. Resolutions and Memorials S.J.R. 111 By STATE AFFAIRS COMMITTEE A JOINT RESOLUTION Proposing an amendment to Section 23 of Article III f the Constitution of the State of Idaho, relating to ompensation and mileage of members of the Legislature, â&#x20AC;&#x2DC;y removing therefrom the per diem allowance of ten .ollars, and the aggregate limit of six hundred dollars or any session, and providing that members of the legisla ure shall each receive as a salary the sum of one thousand wo hundred dollars per annum, providing that members f the legislature shall each receive the sum of ten cents er mile for traveling to or returning from each regular r extra session, and providing that officers of the legisla ure shall each receive an additional compensation as pro ided by law; stating the question to be submitted to he electors; directing the Attorney General to prepare he statement as required by law; and directing the Sec etary of State to give legal notice thereof. S.J.R. 111 was introduced, read the first time at length nd referred to the Judiciary and Rules Committee for rinting. Reports of Standing Committees March 17, 1971. The JUDICIARY AND RULES Committee reports that LC.R. 111, S.C.R. 114 and S.C.R. 115 have been correctly nrolled. KLEIN, Chairman. The President announced he was about to sign Enrolled i.C.R. 111, S.C.R. 114 and S.C.R. 115, and, when so signed, rdered them transmitted to the House for signature of the peaker. March 17, 1971. The JUDICIARY AND RULES Committee reports that 1136, as amended in the House, has been correctly ngrossed. KLEIN, Chairman. S. 1136, as amended in the House, was filed for first ending. March 17, 1971. The HEALTH, EDUCATION and WELFARE Com nittee reports out H. 336 with the recommendation that t do pass. BARKER, Chairman. March 17, 1971. The TRANSPORTATION Committee reports out S. 1248 vith the recommendation that it do pass. BUDGE, Chairman. March 17, 1971. The COMMERCE AND BANKING Committee reports ut H. 192 with the recommendation that it do pass. BRASSEY, Chairman. H. 336, S. 1248 and H. 192 were filed for second reading. .
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The JUDICIARY AND RULES Committee reports out
S.C.R. 116, S.C.R. 117 and S.C.R 118 with the recommen dation that they be placed on the Tenth Order of Business, Motions and Resolutions. KLEIN, Chairman. S.C.R. 116, S.C.R. 117 and S.C.R. 118 were referred to the Tenth Order of Business, Motions and Resolutions. On request by Senator Mix, granted by unanimous consent, S. 1248 was referred to the Tenth Order of Busi ness, Motions and Resolutions. March 17, 1971. The LOCAL GOVERNMENT AND TAXATION Com mittee reports out H. 274 with the recommendation that it do pass. BROWN, Chairman. March 17, 1971. The FINANCE Committee reports out S. 1265, S. 1267, S. 1269, S. 1271, S. 1275, H. 184 and H. 291 with. the rec ommendation that they do pass. HIGH, Chairman. March 17, 1971. The LOCAL GOVERNMENT AND TAXATION Com mittee reports out H. 277 without recommendation. BROWN, Chairman. H. 274, S. 1265, S. 1267, S. 1269, S. 1271, S. 1275, H. 184, H. 291 and H. 277 were filed for second reading. March 17, 1971. The STATE AFFAIRS Committee reports out H. 263 with the recommendation that it be referred to the Tenth Order of Business, Motions and Resolutions. SUMMERS, Chairman. H. 263 was referred to the Tenth Order of Business, Motions and Resolutions. March 17, 1971. The JUDICIARY AND RULES Committee reports that Senate amendments to H. 55, as amended, Senate amend ments to H. 303, Senate amendments to H. 315, Senate amendments to H. 191, as amended, and Senate amend ments to H. 159 have been correctly printed. KLEIN, Chairman. March 17, 1971. The JUDICIARY AND RULES Committee reports that S. 1277 has been correctly printed. KLEIN, Chairman. S. 1277 was referred to the Labor and Economic Development Committee. On request by Senator Kidwell, granted by unanimous consent, S. 1277 was referred to the Tenth Order of Business, Motions and Resolutions. Messages from the House March 17, 1971. Mr. President: I return herewith S. 1089 which has failed to pass the House. FITZWATER, Chief Clerk. 8. 1089 was ordered filed in the office of the Secretary ofthe Senate.
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March 17, 1971. Mr. President: I transmit herewith H.C.R. 19 which has passed the House. FITZWATER, Chief Clerk. March 17, 1971. Mr. President: I return herewith S. 1195, S. 1193, as amended, S. 1207, S. 1165, S.J.M. 109, S. 1146, 5. 1213, S. 1227, S. 1230, S. 1182, S. 1211, S. 1064, as amended, S. 1223 and S. 1054, as amended in the House, which have passed the House. FITZWATER, Chief Clerk. H.C.R. 19 was referred to the Tenth Order of Business, Motions and Resolutions. 5. 1195, S. 1193, as amended, S. 1207, S. 1165, S.J.M. 109, S. 1146, S. 1213, S. 1227, S. 1230, 5. 1182, S. 1211, S. 1064, as amended, and S. 1223 were referred to the Judiciary and Rules Committee for enrolling. S. 1054, as amended in the House, was referred to the Tenth Order of Business. March 17, 1971. Mr. President: I transmit herewith Enrolled H. 302, H.J.M. $ and H. 170, as amended in the Senate, which have been signed by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign Enrolled II. 302, ll.J.M. 8 and H. 170, as amended in the Senate, and, when so signed, ordered them returned to the House. March 17, 1971. Mr. President: I transmit herewith Enrolled H. 34, H. $3, H. 93, as amended, H. 179, H. 206, II. 216, as amended, H. 252, H. 258, H. 259, H. 264, H. 265, H. 266, H. 270, H. 271, H. 272, H. 282, II. 284, II. 285, H. 286, H. 290, H. 293, H. 294, H. 295, H. 296, H. 297, H. 298, H. 299, H. 300 and II. 301 which have been signed by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign, II. 34, II. 83, H. 93, as amended II. 179, H. 206, H. 216, as amended, II. 252, H. 258, ii. 259, II. 264, H. 265, H. 266, II. 270, H. 271, H. 272, H. 282, II. 284, H. 285, H. 286, H. 290, H. 293, II. 294, H. 295, II. 296, H. 297, H. 298, II. 299, H. 300 and H. 301, and, when so signed, ordered them returned to the House. Motions and Resolutions The following resolution was read at length by the Secretary: H.C.R. 19 By WAYS AND MEANS COMMITTEE A CONCURRENT RESOLUTION Authorizing and directing the Speaker of the House of Representatives and the President of the Senate to expend moneys to purchase certain equipment for the Legislative Magnetic Tape Center out of funds appropriated gen erally for legislative expenses. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, the legislature has adopted a system for machine processing of legislative instruments; and WHEREAS, it is the sense of the legislature that it is more advantageous to the state of Idaho to purchase the machines necessary to perfect the system. NOW, THEREFORE, BE IT RESOLVED by the First Regular Session of the Forty-first Idaho Legislature,
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the House of Representatives and the Senate concurrini therein, that the Speaker of the House of Representa tives and the President of the Senate, be, and they ar hereby authorized and directed to purchase the belov described equipment and services in order to perfect th system out of funds generally appropriated for legislativ expenses, in the following amounts: A.—M multilith 2650 Offset $8,691.05 A—M Electrostatic Copier 5,434.42 Annual preventive maintenance 1,470.96 15,596.4 P—B Rotogather Collator 7,362.00 Annual preventive maintenance 320.00 7,682.0( Varityper Waxing Machine 422.75 422.V Total including one year’s maintenance $23,701.fl H.C.R. 19 was ordered held at the desk for two legis lative days. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with th immediate passage of S. 1248 be suspended; that the por tions of Section 15 Article 3 of the Constitution of th State of Idaho requiring all bills be read on three sev eral days be dispensed with, this being a case of urgency and that 5. 1248 be read the first time by title, seconc time by title, and third time at length, section by sec tion, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Mix. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix Murphy, Peavey, Saxvik, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams, Yarbrough. Total—34, NAYS None. Absent and excused Rigby. Total—i. Total—35. More than two-thirds having voted in the affirmative th President declared the rules suspended. S. 1248 was read the first time by title, second time b3 title and the third time at length, section by section ant placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Chase, Crook ham, Crutcher, Egbert, Ellsworth (20), Evans, Frederick. sen, High, Kidwell, Klein, Manley, Manning, Mitchell, Mix Murphy, Solberg, Summers. Total—2i. NAYS Brown, Cobbs, Ellsworth (30), Peavey, Sax vik, Steen, Stoicheff, Swenson, Williams. Total—9. Absent and excused Brassey, Budge, Miller, Rigby Yarbrough. Total—5. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted tc the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with thE ..
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imediate passage of S. 1277 be suspended; that the por ions of Section 15 Article 3 of the Constitution of the tate of Idaho requiring all bills to be read on three sev ral days be dispensed with, this being a case of urgency, nd that S. 1277 be read the first time by title, second [me by title, and third time at length, section by section, nd be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, udge. Chase, Cobbs, Crookham, Crutcher, Egbert, Ells rorth (20), Ellsworth (30), Evans, Fredericksen, High, idwell, Klein, Manley, Manning, Miller, Mitchell, Mix, urphy, Peavey, Saxvik, Solberg, Steen, Stoicheff, Sum aers, Swenson, Williams, Yarbrough. Total—34. NAYS None. Rigby. Total—i. Absent and excused Total—35. More than two-thirds having voted in the affirmative the ‘resident declared the rules suspended. S. 1277 was read the first time by title, second time by itle and the third time at length, section by section and laced before the Senate for final consideration, the ques ion being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Bro*n, AYES udge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells rorth (20), Ellsworth (30), Evans, Fredericksen, High, idwell, Klein, Manley, Manning, Miller, Mitchell, Mix, furphy, Peavey, Saxvik, Solberg, Steen, Stoicheff Sum lers, Swenson, Williams, Yarbrough. Total—34. NAYS None. Rigby. Total—i. Absent and excused Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to he House. On request by Senator Kidwell, granted by unanimous onsent, the Senate advanced to the Eleventh Order of usiness. Introduction, First Reading and Reference of Bills Motion to Suspend Rules 4r, President: I move that all rules of the Senate interfering with the mmediate passage of H. 315, as amended in the Senate, e suspended; that the portions of Section 15 Article 3 f the Constitution of the State of Idaho requiring all ills to be read on three several days be dispensed with, his being a case of urgency, and that H. 315, as amended o the Senate, be read the first time by title, second time y title, and third time at length, section by section, and e put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES ludge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells orth (20), Ellsworth (30), Evans, Fredericksen, High, idwell, Klein, Manley, Manning, Miller, Mitchell, Mix, turphy, Peavey, Saxvik. Solberg, Steen, Stoicheff, Sum cers, Swenson, Williams, Yarbrough. Total—34. None. NAYS —
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Rigby. Total—i. Absent and excused Total—35, More than two-thirds having voted in the affirmative the President declared the rules suspended. H. 315, as amended in the Senate, was read the first time by title, second time by title and third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Saxvik, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams, Yarbrough. Total—34. NAYS None. Absent and excused Rigby. Total—i. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. Motimi to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 55, as amended, as amended in the Senate, be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho re quiring all bills to be read on three several days be dis pensed with, this being a case of urgency, and that H. 55, as amended, as amended in the Senate, be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final pass age. Moved by Senator Kidwell. Seconded by Senator Crutcher, The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge. Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Saxvik, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams, Yarbrough. Total—34. NAYS None. Absent and excused Rigby. Total—i. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. H. 55, as amended, as amended in the Senate, was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brown, Chase, AYES Cobbs, Ellsworth (20), Ellsworth (30), Fredericksen, High, Kidwell, Manley, Manning, Miller, Peavey, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—23. NAYS Brassey, Crutcher, Egbert, Mix. Total—il. Absent and excused Budge, Crooltham, Evans, Klein, Mitchell, Murphy, Rigby, Saxvik. Total—8. Total—35. Whereupon the President declared the bill passed. —
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Title was approved and the bill ordered returned to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 159, as amended, be suspended; that the portions of Section 15 Article 3 of the Constitu tion of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that H. 159, as amended, be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final pass age. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES Budge Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Saxvik, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams, Yarbrough. Total—34. NAYS None. Rigby. Total—i. Absent and excused Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. H. 159, as amended, was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES Chase, Cobbs, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, Kidwell, Manley, Miller, Mix, Peavey, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—26. Manning. Total—i. NAYS Budge, Crookham, High, Klein, Absent and excused Mitchell, Murphy, Rigby, Saxvik. Total—8. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 303, as amended in the Senate, be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that H. 303, as amended in the Senate, be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: —
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AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellaworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, —
Murphy, Peavey, Saxvik, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams, Yarbrough. Total—34. NAYS None. Rigby. Total—i. Absent and excused Total—35. More than two-thirds having voted in the affirmative th President declared the rules suspended. H. 303, as amended in the Senate, was read the firs time by title, second time by title and the third tim at length, section by section and placed before the Senat for final consideration, the question being, “Shall th bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bivens, Brassey, Brown, Cobbs Crookham, Crutcher, Egbert, Ellsworth (20) Ellswortl (30), Evans, Fredericksen, Kidwell, Manley, l,Uller, Mix Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson Williams, Yarbrough. Total—25. NAYS—Bilyeu, Chase, Manning. Total—3. Budge, High, Klein, Mitchell Absent and excused Murphy, Peavey, Rigby. Total—7. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned t the House. S. 1278 By JUDICIARY AND RULES COMMITTEE AN ACT Repealing Article I, Part 5, Section 3.501 of Hous4 Bill 219, First Regular Session of the Forty-first Idah Legislature; amending Article I, Part 5, House Bill 219 First Regular Session of the Forty-first Idaho Legisla ture, by the addition of a new Section 3.501 to defim regulated loan, regulated 1ender supervised loan an supervised lender; amending Article I, Part 1, Sectioz i.i08 of House Bill 219, First Regular Session of th Forty-first Idaho Legislature, to provide that supervise financial organizations shall comply with all provisiom of this act and House Bill 219 as a condition preceden to receiving deposits from state or public depositing units and providing an effective date. S. 1278 was introduced, read the first time at lengtf and referred to the Judiciary and Rules Committee fo printing. On request by Senator Bivens, granted by unanimou consent, the Senate advanced to the Twelfth Order oi Business. Second Reading of Bills H. 336, by Education Committee, was read the seconc time at length and filed for third reading. H. 192, by Business Committee, was read the seconc time at length and filed for third reading. H. 274, by State Affairs Committee, was read the sec ond time at length and filed for third reading. S. 1265, S. 1267, S. 1269, S. 1271 and S. 1275, by Fi nance Committee, were read the second time at lengtl and filed for third reading. H. 184, by Ways and Means Committee, was read thc second time at length and filed for third reading. H. 291, by State Affairs Committee, was read thE second time at length and filed for third reading. H. 277, by. Revenue and Taxation Committee, was reac the second time at length and filed for third reading. On request by Senator Kidwell, granted by unanimoui consent, the Senate advanced to the Fifteenth Ordei of Business. —
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Miscellaneous Business On motion by Senator Kidwell, seconded by Senator fix, the Senate adjourned until 8:45 o’clock a.m., Thurs .ay, March 18, 1971. JACK MURPHY, President. ttest: ARTHUR WILSON, Secretary.
SIXTY-SEVENTH LEGISLATIVE DAY THURSDAY, MARCH 18, 1971 Senate Chamber, Boise, Idaho, March 18, 1971. to order at 8:45 Senate President Murphy called the ‘clock a.m. Roll call showed all members present. The following prayer was offered by Chaplain Newell Iorgan: Our Father, God, we thank Thee for great men and omen of the past who by their skill, dedication and aithful serving have achieved for us the goodness and reedoms of our American way of life. We thank Thee for the men and women who for ast weeks have done their part in the continued on oing of our State. Help us all to have the old fashioned ove of country that seeks to give rather than to get. We seek not tasks more suited to our strength, but or strength more suited to our tasks. As these who tand before Thee, face the finishing hours of this legis ative session may they be blessed by Thy Presence and he guiding of Thy Spirit in their decisive hours. Repay hem richly for the many hours they have spent seeking o serve their fellowman. Do bless each individual Senator, Lt. Governor, each ecretary, recorder, page and helper. In Jesus’ Name, Amen. Reports of Standing Committees March 17, 1971. The JUDICIARY AND RULES Committee reports that inrolled S. 1105, as amended in the House, was delivered o the Governor at 11:00 o’clock a.m. on March 17, 1971. KLEIN, Chairman. The President ordered the report filed in the office of he Secretary of the Senate. March 18, 1971. The JUDICIARY AND RULES Committee reports that 1051, as amended in the House, S. 1059, S. 1144, S. 1179, 1196, S. 1209, S. 1214, S. 1215, S. 1216, S. 1217, S. 1224, 1228, S. 1229, 5. 1231, S. 1232, S. 1233, S. 1234, S. 1235, 1240, S. 1242 and S. 1243 have been correctly enrolled. KLEIN, Chairman. The President announced he was about to sign Enrolled 5. 1051, as amended in the House, S. 1059, S. 1144, S. 1179, 5. 1196, S. 1209, S. 1214, S. 1215, S. 1216, S. 1217, S. 1224, 5. 1228, S. 1229, S. 1231, S. 1232, S. 1233, S. 1234, S. 1235, 5. 1240, S. 1242 and S. 1243, and when so signed, ordered hem transmitted to the House for the signature of the Speaker. Messages from the House March 17, 1971. fr. President: I return herewith 5. 1011 which has failed to pass the Rouse. FITZ WATER, Chief Clerk. . .
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S. 1011 was ordered filed in the office of the Secretary of the Senate. March 17, 1971. Mr. President: I transmit herewith H.C.R. 20 and return herewith S. 1254, S. 1226, S. 1212, S. 1204, S. 1177, as amended, and S. 1189, as amended, which have passed the House. FITZWATER, Chief Clerk. H.C.R. 20 was referred to the Tenth Order of Business, Motions and Resolutions. S. 1254, S. 1226, S. 1212, S. 1204, S. 1177, as amended, and S. 1189, as amended, were referred to the Judiciary and Rules Committee for enrolling. Motions and Resolutions The following resolution was read at length by the Secretary:
H.C.R. 20 By WAYS AND MEANS COMMITTEE A CONCURRENT RESOLUTION Establishing an interim committee to review contract negotiations relating to construction of a water project in the Grandview-Guffey reach of the Snake River in southwest Idaho. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, the Senate Resources and Environment Committee has directed the Idaho Water Resource Board to explore the potential for state construction of a water project in the Grandview-Guffey reach of the Snake River; and WHEREAS, the benefits to the purchaser of such a project would not seem to be materially decreased by application of a formula similar to the joint venture proposed for construction of the facilities exclusive of the power facilities; and WHEREAS, the water resources of the state of Idaho are a substantial asset belonging to all the people of this state and the proper management and control of water and relating land resources and the income there from are of paramount importance to the prosperity of this state. NOW, THEREFORE, BE IT RESOLVED that a com mittee is hereby constituted, composed of the chairman and six members of the Senate Resources and Environ ment Committee to he appointed by the President of the Senate; and the chairman and six members of the Re sources and Conservation Committee of the House of Representatives to be appointed by the Speaker of the House of Representatives, such appointments to include an equal number of members of each political party pro vided, however, that the membership from each house need not necessarily include such equal representation. This committee shall review and affirm or reject by majority vote any contract negotiated and presented to it for approval by the Idaho Water Resource Board. BE IT FURTHER RESOLVED that the committee shall meet at least twice a year to receive status reports on the Water Resource Board’s state water planning and development program. BE IT FURTHER RESOLVED that the committee appointed be empowered to appoint advisors to aid in their deliberation. BE IT FURTHER RESOLVED that the President of the Senate or the Speaker of the House of Represents. tives may pay from legislative funds to individual mem hers of the committee and advisors the cost of travel food, lodging and twenty-five dollars a day as expenses for efforts incurred in furtherance of committee business and he is hereby authorized to pay such amounts. H.C.R. 20 was ordered held at the desk for two legis. lative days.
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The President announced S.J.R. 108 was before the Sen ate for consideration. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S.J.R. 108 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that S.J.R. 108 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Crutcher. The question being “Shall the rules be suspended?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES Chase, Cobbs, Crookham, Crutcher, Ellsworth (20), Fred ericksen, High, Kidwell, Manley, Manning, Miller, Mit chell, Murphy, Peavey, Solberg, Steen, Stoicheff, Summers, Swenson, Williams. Total—26. NAYS None. Absent and excused Budge, Egbert, Ellsworth (30), Evans, Klein, Mix, Rigby, Saxvik, Yarbrough. Total—9. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. There being no objection, the Senate returned to the Sixth Order of Business. Reports of Standing Committees March 18, 1971. The JUDICIARY AND RULES Committee reports that 5. 1278 and S.J.R. 111 have been correctly printed. KLEIN, Chairman. 5. 1278 was referred to the Judiciary and Rules Com mittee. On request by Senator Bivens, granted by unanimous consent, S.J.R. 111 was referred to the Tenth Order of Business, Motions and Resolutions. March 18, 1971. The STATE AFFAIRS Committee reports out S.J.R. 109 with the recommendation that it do pass. SUMMERS, Chairman. On request by Senator Kidwell, granted by unanimous consent, S.J.R. 109 was referred to the Tenth Order of Business, Motions and Resolutions. On request by Senator Bivens, granted by unanimous consent, the Senate advanced to the Tenth Order of Busi ness. Motions and Resolutions Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S.J.R. 109 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three sev eral days be dispensed with, this being a case of urgency, and that S.J.R. 109 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” —
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March 18
Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Browi AYES Chase, Cobbs, Crookham, Crutcher, Ellsworth (20), Frec ericksen, High, Kidwell, Manley, Manning, Miller, Mitehel Murphy, Peavey, Solberg, Steen, Stoicheff, Summer Swenson, Williams. Total—26. NAYS None. Absent and excused Budge, Egbert, Ellsworth (30 Evans, Klein, Mix, Rigby, Saxvik, Yarbrough. Total—9. Total—35. More than two-thirds having voted in the affirmative th President declared the rules suspended. Call of the Senate was requested by Senators Crutchei Kidwell and Murphy. Whereupon the President ordered the doorkeepers t lock the doors permitting no Senators or the Presiden to leave or enter the Senate Chambers except the Ser geant-at-Arms with the absent members. Roll call showed all members present. On request by Senator Kidwell, the Call of the Senat was lifted. The President announced that S.J.R. 109 was befor the Senate for consideration. S.J.R. 109 was read the first time by title, second tim by title and the third time at length, section by sectioi and placed before the Senate for final consideration, th question being, “Shall the resolution be adopted?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brows AYES Budge, Chase, Cobbs, Crookham, Crutcher, Ellsworth (30) Evans, Fredericksen, High, Kidwell, Klein, Manley, Man fling, Miller, Mitchell, Mix, Murphy, Rigby, Saxvik, Sol berg, Steen, Stoicheff, Summers, Swenson, Williams, Yar brough. Total—32. NAYS Egbert, Ellsworth (20), Peavey. Total—3. Total—35. More than two-thirds having voted in the affirmative th President declared S.J.R. 109 adopted, title was approve and the resolution ordered transmitted to the House. On request by Senator Bivens, granted by unanimou consent, S.J.R. 108, and S.J.R. 110 retained their place oi the Tenth Order of Business. The President announced that H.C.R, 12 was before th Senate for consideration. Moved by Senator Ellsworth (30), seconded by Senato: Crutcher, that H.C.R. 12 be adopted. The question being, “Shall the resolution be adopted?’ Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Chase, Crookham Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans Fredericksen, High, Klein, Manley, Manning, Miller, Mit chell, Mix, Murphy, Rigby, Steen, Stoicheff, Williams Total—23. NAYS—Bivens, Brown, Budge, Cobbs, Kidwell, Peavey Solberg, Summers, Swenson, Yarbrough. Total—lO. Absent and excused—Brassey, Saxvik. Total—2. Total—35. Whereupon the President declared H.C.R. 12 adopted Title was approved and the resolution ordered returnec to the House. The President announced that H.C.R. 17 was befor the Senate for consideration. Moved by Senator Klein, seconded by Senator Crutche that H.C.R. 17 be adopted. —
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The question being, “Shall the resolution be adopted?” Roll call resulted as follows: AYES—Barker, Cobbs, Crutcher, Ellsworth (20), Evans, Righ, Klein, Peavey, Steen, Williams and Yarbrough. total—li. NAYS—Allen, Bilyeu, Bivens, Brown, Budge, Chase, Drookham, Ellsworth (30), Fredericksen, Kidwell, Manley, ‘1anning, Miller, Mitchell, Mix, Murphy, Rigby, Saxvik, olberg, Stoicheff, Summers, Swenson. Total—22. Absent and excused—Brassey, Egbert. Total—2. Total—35. Whereupon the President declared H.C.R. 17 lost and )rdered the resolution returned to the House. Senator Kidwell requested unanimous consent, that FLC.R. 4 retain its place on the Tenth Order of Business. Senator Chase objected. The President announced that H.C.R. 4 was before the 3enate for consideration. Moved by Senator Chase, seconded by Senator Evans bhat H.C.R. 4 be adopted. The question being, “Shall the resolution be adopted?” Roll call resulted as follows: AYES—Chase, Crutcher, Egbert, Ellsworth (303, Evans, ‘redericksen, Klein, Manley, Miller, Mitchell, Mix, Mur phy, Peavey, Rigby, Saxvik, Steen, Stoicheff. Total—17. NAYS—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Cobbs, Ellsworth (20), High, Kidwell, Manning Solberg, Summers, Swenson, Williams, Yarbrough. Total —17. Absent and excused—Crookham. Total—i. Total—35. A tie vote having resulted from the roll call, the Presi dent voted AYE and declared H.C.R. 4 adopted, title was approved and the resolution ordered returned to the House. Senator Kidwell, having voted on the prevailing side by which H.C.R. 17 lost in the Senate, served notice that he may, on this or the next legislative day move for reconsideration of the vote. The President ordered H.C.R. 17 held at the desk. The President announced that H.C.R. 21 was before the Senate for consideration. Moved by Senator Barker, seconded by Senator Crutcher that H.C.R. 21 be adopted. The question being, “Shall the resolution be adopted?” Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Crutcher, Ellsworth (20), Ellsworth (30), Evans, High, Manley, Manning, Mitchell, Mix, Murphy, Peavey. Total—14. NAYS—Allen, Brassey, Brown, Budge, Chase, Cobbs, Kidwell, Miller, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—17. Absent and excused—Crookham, Egbert, Fredericksen, Klein. Total—4. Total—35. Whereupon the President declared H.C.R. 21 lost and the resolution ordered returned to the House. The President called Senator Righy to the Chair. The Acting President announced that H.C.R. 23 was before the Senate for consideration. Moved by Senator Mix, seconded by Senator Bivens, that H.C.R. 23 be adopted. The question being, “Shall the resolution be adopted?”
Roll call resulted as follows: AYES—Bilyeu, Manley, Murphy, Stoicheff. Total—4. NAYS—Allen, Barker, Bivens, Brown, Budge, Cobbs, Crutcher, Egbert, Ellsworth (20), Ellsworth (30) Evans, Fredericksen, High, Kidwell, Miller, Mitchell, Mix, Pea vey, Rigby, Saxvik, Solberg, Steen, Summers, Swenson, Williams, Yarbrough. Total—26. Absent and excused—Brassey, Chase, Crookham, Klein, Manning. Total—5. Total—35. Whereupon the Acting President declared H.C.R. 23 lost and ordered it returned to the House. The Acting President announced that H.C.R. 24 was be fore the Senate for consideration. Moved by Senator Kidwell, seconded by senator Mix, that H.C.R. 24 be adopted. The question being, “Shall the resolution be adopted?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brown, Budge, AYES Cobbs, Egbert, Ellsworth (20), Ellsworth (30), Evans, Frederjcksen, Kidwell, Manley, Manning, Mitchell, Mix, Rigby, Solberg, Steen, Stoicheff, Summers, Swenson, Wil liams, Yarbrough. Total—25. NAYS Murphy, Saxvik. Total—2. Brassey, Chase, Crookham, Crut. Absent and excused cher, High, Klein, Miller, Peavey. Total—8. Total—35. Whereupon the Acting President declared H.C.R. 24 adopted, title was approved and the resolution ordered returned to the House. The Acting President announced R.C.R. 27 was beforE the Senate for consideration. Moved by Senator Kidwell, seconded by Senator Evans: that H.C.R. 27 be adopted. The question being, “Shall the resolution be adopted?” —
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Roll call resulted as follows: AYES Allen, BarkerS Bivens, Brassey, Brown, Cobbs Crookham, Ellsworth (20), Ellsworth (30), Evans, High Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix Rigby, Saxvik, Stoicheff, Summers, Swenson, Williams Total—24. Bilyeu, Budge, Chase, Crutcher, Egbert, Fred NAYS ericksen, Murphy, Peavey, Steen, Yarbrough. Total—lO. Solberg. Total—i. Absent and excused Total—35. Whereupon the Acting President declared H.C.R. 2 adopted, title was approved and the resolution orderec returned to the House. On request by Senator Klein, granted by unanimou consent, S. 1278 was recommitted to the Commerce am Banking Committee. The Acting President announced H.C.R. 28 was befori the Senate for consideration. Moved by Senator Barker, seconded by Senator Crut cher, that H.C.R. 28 be adopted. The question being, “Shall the resolution be adopted?” —
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Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brown, Budge Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20) Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein Manley, Manning, Mitchell, Mix, Murphy, Peavey, Rigby Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson Williams, Yarbrough. Total—33. —
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NAYS None. Absent and excused Brassey, Miller. Total—2. Total—35. Whereupon the Acting President declared n.C.R. 28 adopted, title was approved and the resolution ordered returned to the House. Senator Kidwell, having previously served proper notice, moved that the vote by which H.C.R. 17 lost in the Senate, be now reconsidered. Seconded by Senator Manning. Roll call vote was requested by Senators Murphy, Crut cher and Manning. The question being, “Shall the motion pass?” —
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Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Chase, Cobbs, Crookham, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Mitchell, Rigby, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams, Yarbrough. Total—28. NAYS Budge, Crutcher, Mix, Murphy, Peavey, Sax vik. Total—6. Absent and excused Miller, Total—i. Total—35, -
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March 1W
Total—35. Whereupon the Acting President declared H.C.R. 26 adopted, title was approved and the resolution orderec returned to the House. Moved by Senator Bivens, seconded by Senator Crutcher that all rules of the Senate interfering with the immediatc consideration of S.C.R. 116 be suspended. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES—Allen, Barker, Bivens, Budge, Cobbs, Crook ham, Crutcher, Eghert, Ellsworth (20), Ellsworth (30) Evans, Fredericksen, High, Kidwell, Manley, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Swenson. Total—24. NAYS—None. Absent and excused—Bilyeu, Brassey, Brown, Chase, Klein, Manning, Miller, Mitchell, Summers, Williams, Yarbrough. Total—il. Total—35. More than two-thirds having voted in the affirmative, the Acting President declared the rules suspended and S.C.R. 116 was before the Senate for consideration.
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Whereupon the President declared the motion passed and H.C.R. 17 was before the Senate for consideration. On request by Senator Kidwell, granted by unanimous onsent, H.C.R. 17 retained its place on the Tenth Order of Business, Motions and Resolutions. Senator Mix, having voted on the prevailing side by which H.C.R. 23 lost in the Senate, served notice that he may on this or the next legislative day move for re Donsideration of the vote. The Acting President ordered H.C.R. 23 held at the desk. On request by Senator Kidwell, granted by unanimous onsent, H.C.R. 29 retained its place on the Tenth Order rf Business, Motions and Resolutions. The Acting President announced H.C.R. 30 was before :he Senate for consideration. On motion by Senator Bivens, seconded by Senator Crutcher, H.C.R. 30 was adopted, title approved and the esolution ordered returned to the House. The Acting President announced H.C.R. 31 was before ;he Senate for consideration. On motion by Senator Bivens, seconded by Senator Drutcher, H.C.R. 31 was adopted, title approved and the esolution ordered returned to the House. On request by Senator Bivens, granted by unanimous monsent, H.C.R. 7 retained its place on the Tenth Order )f Business, Motions and Resolutions. The Acting President announced H.C.R. 26 was before the Senate for consideration. Moved by Senator Bivens, seconded by Senator Crutcher, hat H.C.R. 26 be adopted. The question being, “Shall the resolution be adopted?” -
Roll call resulted as follows: AYES Allen, Barker, Bivens, Budge, Crookham, rutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, vlanley, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, steen, Stoicheff, Swenson. Total—20. NAYS—None. Absent and excused—Bilyeu, Brassey, Brown, Chase, obbs, Fredericksen, High, Kidwell, Klein, Manning, vliller, Mitchell, Summers, Williams, Yarbrough. Total—i5. —
On motion by Senator Bivens, seconded by Senator Crutcher, S.C.R. 116 was adopted, title approved and the resolution ordered transmitted to the House. Moved by Senator Kidwell, seconded by Senator Crutcher, that all rules of the Senate interfering with the immediate consideration of S.C.R. 117 be suspended. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES—Allen, Barker, Bivens, Budge, Cobbs, Crook ham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Manley, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Swenson. Total—24. NAYS—None. Absent and excused—Bilyeu, Brassey, Brown, Chase, Klein, Manning, Miller, Mitchell, Summers, Williams, Yarbrough. Total—li. Total—35. More than two-thirds having voted in the affirmative, the Acting President declared the rules suspended and S.C..R. 117 was before the Senate for consideration. On motion by Senator Kidwell, seconded by Senator Crutcher, S.C.R. 117 was adopted, title approved and the resolution ordered transmitted to the House. Moved by Senator Bivens, seconded by Senator Crutcher, that all rules of the Senate interfering with the immediate consideration of $.C.R. 118 be suspended. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES—Allen, Barker, Bivens, Budge, Cobbs, Crook ham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Manley, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Swenson. Total—24. NAYS—None. Absent and excused—Bilyeu, Brassey, Brown, Chase, Klein, Manning, Miller, Mitchell, Summers, Williams, Yarbrough. Total—il. Total—35. More than two-thirds having voted in the affirmative the Acting President declared the rules suspended and S.C.R. 118 was before the Senate for consideration,
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:March 18
On motion by Senator Bivens, seconded by Senator )rutcher, S.C.R. 118 was adopted, title approved and he resolution ordered transmitted to the House. On motion by President Pro-Tempore Ellsworth, sec.. nded by Senator Evans, the Senate recessed until 1:00 ‘clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 1:00 o’clock p.m., pursuant ;o recess, President Murphy presiding. Roll call showed all members present. Prior to recess the Senate was at the Tenth Order )f Business. Motions and Resolutions On request by Senator Bivens, granted by unanimous onsent, H.C.R. 29 was placed before the Senate for con ;ideration. Moved by Senator Kidwell, seconded by Senator Crut •her, that all rules of the Senate interfering with the mmediate consideration of H.C.R. 29 be suspended. The question being, “Shall the motion pass ?“ Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Budge, Chase, Dobbs, Crutcher, Egbert, Ellsworth (20). Evans, Fred ?ricksen, High, Kidwell, Manley, Manning, Mitchell, Mix, 1furphy, Peavey, Rigby, Solberg, Steen, Swenson, Wil iams, Yarbrough. Total—26. NAYS None. Absent and excused Brassey, Brown, Crookham, Ells worth (30), Klein, Miller, Saxvik, Stoicheff, Summers. Total—9. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended and H.C.R. 29 was before the Senate for consideration. Moved by Senator Mitchell, seconded by Senator Bivens bhat H.C.R. 29 be adopted. The question being, “Shall the resolution be adopted?” Roll call resulted as follows: AYES Barker, Bilyeu, Bivens, Brown, Chase, Cobbs, Crutcher, Egbert, Evans, Fredericksen, High, Manley, [‘Ianning, Mitchell, Mix, Rigby, Saxvik, Solberg, Stoicheff. rotal—19. NAYS Allen, Budge, Crookham, Ellsworth (20), Ells worth (30), Klein, Murphy, Peavey, Steen, Swenson, Wil Liams, Yarbrough. Total—12. Absent and excused Brassey, Kidwell, Miller, Sum mers. Total—4. Total—35. Whereupon the President declared H.C.R. 29 adopted, bitle was approved and the resolution ordered returned to he House. Motion to Suspend Rules Mv. President: I move that all rules of the Senate interfering with the immediate passage of H. 263 be suspended; that the por bions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three sev eral days be dispensed with, this being a case of urgency, and that H. 263 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” —
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Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Budge, Chase, Cobbs, Crutcher, Egbert, Ellsworth (20), Evans, Fred ericksen, High, Kidwell, Manley, Manning, Mitchell, Mix, Murphy, Peavey, Rigby, Solberg, Steen, Swenson, Wil liams, Yarbrough. Total—26. NAYS None. Absent and excused Brassey, Brown, Crookham, Ells worth (30), Klein, Miller, Saxvik, Stoicheff, Summers. Total—9. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. H. 263 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Klein, Manley, Manning, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—31. NAYS Solberg. Total—i. Absent and excused Brassey, Kidwell, Miller. Total —3. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. On motion by Senator Summers, seconded by Senator Crutcher, the Senate concurred in the House amend ments to S. 1054. The President announced that S. 1054, as amended in the House, had been properly engrossed, and was before the Senate for consideration. —
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Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1054, as amended in the House, be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requir ing all bills to be read on three several days be dispensed with, this being a case of urgency, and that S. 1054, ac amended in the House, be read the first time by title, sec ond time by title, and third time at length, section by sec tion, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Budge, Chase Cobbs, Crutcher, Egbert, Ellsworth (20), Evans, Fred ericksen, High, Kidwell, Manley, Manning, Mitchell, Mix Murphy, Peavey, Rigby, Solberg, Steen, Swenson, Wil liams, Yarbrough. Total—26. NAYS None. Absent and excused Brassey, Brown, Crookham, Ells worth (30), Klein, Miller, Saxvik, Stoicheff, Summers Total—9. Potal—35. More than two-thirds having voted in the affirmativ the President declared the rules suspended. —
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S. 1054, as amended in the House, was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brown, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fred ericksen, Kidwell, Klein, Manley, Manning, Mitchell, Mix, Peavey, Rigby, Saxvik, Solberg, Steen Stoicheff, Sum mers, Swenson, Williams, Yarbrough. iotal—27. NAYS—None. Absent and excused—Brassey, Budge, Chase, Cobbs, Crookham, High, Miller, Murphy. Total—8. Total—35. Whereupon the President declared the bill passed and ordered it referred to the Judiciary and Rules Committee for enrolling. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1272 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be rend on three several days be dispensed with, this being a case of urgency, and that S. 1272 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Bivens, The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bivens, Brown, Budge, Cobbs, Ellsworth (20), Ellsworth (30), High, Kidwell, Klein, Peavey, Saxvik, Steen, Summers, Swenson, Williams, Yarbrough. Total—iS. NAYS—Bilyeu, Chase, Crutcher, Egbert, Evans, Fred ericksen, Manley, Manning, Mitchell, Mix, Rigby, Solberg, Stoicheff. Total—13. Absent and excused—Brassey, Crookham, Miller, Mur phy. Total—4. Total—35, Less than two-thirds having voted in the affirmative the President declared the rules were not suspended. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. Introduction, First Reading and Reference of Bills S. 1279 By FINANCE COMMITTEE AN ACT Appropriating moneys from the General Fund of the State of Idaho to the State of Idaho Aeronautics Fund for the purpose of matching funds from the Special Privilege Tax levied by Section 49-1227A, Idaho Code, for the period commencing July 1, 1969, and ending April 10, 1971, and directing the State Auditor to transfer the funds so matched; prescribing limitations on the use of such funds; and declaring an emergency. S. 1280 By FINANCE COMMITTEE AN ACT Appropriating moneys from the funds enumerated to the State Tax Commission and prescribing major pro grams and expenditure classifications of the appropriation for the period July 1, 1971 through June 30, 1972.
March
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S. 1281 By FINANCE COMMITTEE AN ACT Amending Section 1 of Chapter 216, Laws of 1970 relating to the appropriation from the funds enumerate to the Department of Agriculture, by increasing th amount of the appropriation by $200,000; and declarm an emergency. S. 1282 By FINANCE COMMITTEE AN ACT Appropriating moneys out of the fund enumerate( to the Department of Public Assistance and prescribin major programs for the period July 1, 1911 througl June 30, 1972. S. 1283 By FINANCE COMMITTEE AN ACT Appropriating $4,600,729 from the Permanent Buildin Fund to the Permanent Building Fund Advisory Counci and the Department of Public Works for the purpose specified; expressing legislative intent concerning use o such funds; exempting the appropriation from the provi. sions of Chapter 36, Title 67, Idaho Code and from thE provisions of Section 67-3516, Idaho Code; authorizing the use of tax anticipation notes; and declaring an emer gency. S. 1284 By FINANCE COMMITTEE AN ACT Appropriating moneys from the funds enumerated tc the Department of Law Enforcement and prescribing major programs and expenditure classifications of thE appropriation for the period July 1, 1971 through JunE 30, 1972. S. 1285 By FINANCE COMMITTEE AN ACT Appropriating moneys out of the General Fund, federal funds and receipts to appropriation to the Board ol Regents of the University of Idaho for agricultural exten. sion programs, for the purpose of paying operating costs and expenses of the programs enumerated for the perioc July 1, 1971 through June 30, 1972; appropriating moneys from the General Fund, federal funds and receipts tc appropriation to the Board of Regents of the University of Idaho for agricultural research for the purpose ol paying operating costs and expenses of the programs enumerated for the period July 1, 1971 through Jun€ 30, 1972. S. 1286 By FINANCE COMMITTEE AN ACT Amending Section 2, Chapter 209, Laws of 1970, re lating to an appropriation, by providing that the unex pended balance of moneys appropriated may be used foi payment of any expense of compiling session laws anc advertising constitutional amendments of the Fortietl and Forty-first Idaho Legislatures; and declaring an emergency. S. 1287 By FINANCE COMMITTEE AN ACT Appropriating moneys out of the fund enumerated to the Department of Agriculture for the pure seed labora tory and prescribing a major program for the period July 1, 1971 though June 30, 1972. S. 1288 By FINANCE COMMITTEE AN ACT Amending Section 67-3602, Idaho Code, relating to pay-
SENATE JOURNAL
[March 18
rnent of salaries and wages, by providing that appropria Liions made to classifications other than salaries and wage ilassification may be expended for salaries and wages, vith exceptions, only with the consent of the State Board )f Examiners and the Division of the Budget; and pro viding an effective date. S. 1279, 5. 1280, S. 1281, S. 1282 S. 1283, S. 1284, S. 1285, 5. 1286, 5. 1287 and S. 128$ were introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. There being no objection, the Senate returned to the Sixth Order of Business. Reports of Standing Committees March 18, 1971. The JUDICIARY AND RULES Committee reports that S. 1279, S. 1280, S. 1281, S. 1282, 5. 1283, S. 1284, 5. 1285, S. 1286, S. 1287 and S. 1288 have been correctly printed. KLEIN, Chairman. S. 1279, S. 1280, S. 1281, S. 1282, 5. 1283, S. 1284, S. 1285, 5. 1286, 5. 1287 and 5. 1288 were fled for second reading. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. Introduction, First Reading and Reference of Bills H. 191, as amended, as amended in the Senate, by State Affairs Committee, was read the first time at length and filed for second reading. 5. 1136, as amended in the House, by Health, Education and Welfare Committee, was read the first time at length and filed for second reading. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Thirteenth Order of Business. Third Reading of Bills Moved by Senator Evans, seconded by Senator Crut cher, that S. 1258 be placed on the Fourteenth Order of Business, General Calendar, for amendment. Call of the Senate was requested by Senators Kidwell, Bivens and Peavey. Whereupon the President ordered the doorkeepers to lock the doors permitting no Senators or the President to leave or enter the Senate Chambers except the Sergeantat-Arms with the absent members. Roll call showed all members present except Senator Klein, excused. On request by Senator Kidwell, the Call of the Senate was lifted. Roll call vote was requested by Senators Manning, Evans and Chase. The question being, “Shall S. 1258 be placed on the Fourteenth Order of Business, for amendment?” Roll call resulted as follows: Bilyeu, Budge, Chase, Crutcher, Egbert, Evans, AYES Fredericksen, Manley, Manning, Miller, Mitchell, Mix, Murphy, Rigby, Saxvik, Steen, Stoicheff. Total—17. Allen, Barker, Bivens, Brassey, Brown, Cobbs, NAYS Crookham, Ellsworth (20), Ellsworth (30) High, Kidwell, Peavey, Solberg, Summers, Swenson, Wilhams, Yar brough. Total—17. Klein. Total—i. Absent and excused Total—35. A tie vote having resulted from the roll call, the Presi dent voted NAY and declared the motion lost and an nounced S. 1258 was before the Senate for consideration. *
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S. 1258 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Sha1l the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bivens, Brassey, Brown, Cobbs, Crookham, Egbert, Ellsworth (20), Ellsworth (30), Fred ericksen, High, Kidwell Mitchell, Mix, Peavey, Rigby, Sax vik, Solberg, Steen, Williams, Yarbrough. Total—22. —
NAYS Bilyeu, Budge, Chase, Crutcher, Evans Manley, Manning, Miller, Murphy, Stoicheff, Summers Swenson. Total—12. Absent and excused Klein. Total—i. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted t the House. Call of the Senate was requested by Senators Kidwell Bivens and Mix. Whereupon the President ordered the doorkeepers tc lock the doors permitting no Senators or the Presideni to leave or enter the Senate Chambers except the Ser geant-at-Arms with absent members. Roll call showed Senators Saxvik and Klein absent. The Sergeant-at-Arms reported to the President thai the absent members were now present in the SenatE Chamber, except Senator Klein, excused. On request by Senator Kidwell, the Call of the SenatE was lifted. S. 1265 was read the third time at length, section b section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brows Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High Kidwell, Manley, Manning, Miller, Mitchell, Mix, Murphy Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Klein. Total—i. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted t the House. S. 1267 was read the third time at length, section b; section and placed before the Senate for final considers tion, the question being, “Shall the bi1l pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Browr Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, Higi Kidwell, Manley, Manning, Miller, Mitchell, Mix, Murph3 Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Klein. Total—i. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitte to the House. 5. 1269 was read the third time at length, section b section and placed before the Senate for final considers tion, the question being, “Shall the bill pass?”
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Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kithvell, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Klein. Total—i. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. S. 1271 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bivens, Brassey, Cobbs, Crook ham, Eghert, Ellsworth (30), Fredericksen, High, Kidwell, [‘if anley, Manning, Murphy, Peavey, Rigby, Solberg, Steen, Williams, Yarbrough. Total—20. NAYS—Bilyeu, Brown, Budge, Crutcher, Miller, Mit hel1, Mix, Saxvik, Stoicheff, Swenson. Total—lO. Absent and excused—Chase, Ellsworth (20), Evans, Klein, Summers, Total—5. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted bo the House. S. 1275 was read the third time at length, section by ;ection and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bivens, Brassey, Chase, Crook am, Crutcher, Egbert, Ellsworth (30), Fredericksen, Righ, Kidwell, Manley, Miller, Mitchell, Mix, Peavey, Eigby, Saxvik, Solberg, Steen, Stoicheff, Swenson, Wil iams, Yarbrough. Total—25. NAYS—Bilyeu, Budge, Cobbs, Manning, Murphy, Sum ners. Total—6. Absent and excused—Brown, Ellsworth (20), Evans, EClein. Total—4. Total—35, Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted ;o the House. H. 330 was read the third time at length, section by ection and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bivens, Brassey, Budge, Cobbs, lrookham, Egbert, Ellsworth (30), High, Kidwell, Manley, vlanning, Mix, Murphy, Peavey, Rigby, Solberg, Steen, toicheff, Swenson, Williams, Yarbrough. Total—23. NAYS—Bilyeu, Chase, Crutcher, Mitchell. Total—4, Absent and excused—Brown, Ellsworth (20), Evans, “redericksen, Klein, Miller, Saxvik, Summers. Total—S. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to he House. H. 331 was read the third time at length, section by ection and placed before the Senate for final considera ion, the question being, “Shall the bill pass?”
March 18]
Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown Budge, Cobbs, Crookham, Crutcher, Egbert, Ellswortl (20), Ellsworth (30), Evans, Fredericksen High, Kidwell Manley, Manning, Miller, Mitchell, Mix, Ithirphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Wil liams, Yarbrough. Total—32. NAYS None. Absent and excused Chase, Klein, Swenson. Total—3. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 332 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Fredericksen, High, Kidwell, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—33. NAYS None. Absent and excused Evans, Klein. Total—2. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 333 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Fredericksen, High, Kidwell, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—33. NAYS None. Absent and excused Evans, Klein. Total—2. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. II. 334 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Fredericksen, High, Kidwell, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—33. NAYS None. Absent and excused Evans, Klein. Total—2. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 335 was read the third time at length, section by —
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ection and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bivens, Brown, Crookham, Eg AYES bert, Ellsworth (20), Fllsworth (30), Evans, Fredericken, High, Miller, Mix, Peavey, Rigby, Saxvik, Solberg, teen, Swenson, Williams. Total—20. Bilyeu, Budge, Chase, Cobbs, Crutcher, Kid NAYS yell, Manley, Manning, Murphy, Stoicheff, Summers. rotal—li. Brassey, Klein, Mitchell, Yar Absent and excused )rough. Total—4. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to ;he House. The President called Senator Brown to the Chair. H. 336 was read the third time at length, section by ection and placed before the Senate for final considera ion, the question being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES 3udge, Chase, Cobbs, Crookham, Crutcher, Fgbert, Ells vorth (20), Ellsworth (30), Fredericksen, High, Kidwell, Vianley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, igby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen ;on, Williams, Yarbrough. Total—33. None. NAYS Evans, Klein. Total—2. Absent and excused —
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Total—35. Whereupon the Acting President declared the bill assed. Title was approved and the bill ordered returned to :he House. II. 192 was read the third time at length, section by ;ection and placed before the Senate for final considera ;ion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Dobbs, Crookham, Egbert, Ellsworth (20), Ellsworth (30), lvans, Fredericksen, High, Kidwell, Klein, Manley, Man ting, Miller, Mix, Murphy, Righy, Saxvik, Solberg, Steen, Bummers, Swenson, Williams. Total—28. Budge, Chase, Crutcher, Peavey, Stoicheff. NAYS Total—5. Absent and excused—Mitchell, Yarbrough. Total—2. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to bhe House. H. 274 was read the third time at length, section by iection and placed before the Senate for final considera bion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Cruteher, Egbert, Ells rorth (20), Ellsworth (30), Fredericksen, Kidwell, Klein, fanley, Manning, Miller, Mitchell, Mix, Murphy, Rigby, Baxvik, Solberg, Stoicheff, Summers, Swenson, Williams. Total—SO. NAYS—Peavey, Steen. Total—2. Absent and excused—Evans, High, Yarbrough. Total —
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Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. II. 184 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—33. NAYS—None. Absent and excused—Cobbs, High. Total—2. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. H. 291 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES-Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—33. NAYS—None. Absent and excused—Cobbs, High. Total—2. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. II. 277 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Brassey, Brown, Cobbs, Crookham, Crutcher, Egbert, Evans, Kidwell, Manning, Mitchell, Mix, Murphy, Solberg, Steen. Total—14. NAYS—Allen, Barker, Bilyeu, Budge, Chase, Ellsworth (20), Ellsworth (30), Fredericksen, High, Manley, Miller, Peavey, Rigby, Saxvik, Stoicheff, Swenson, Williams, Yar brough. Total—iS. Absent and excused—Bivens, Klein, Summers. Total—3. Total—35. Whereupon the Acting President declared the bill lost and ordered it returned to the House. The President returned to the Chair. There being no objection, the Senate returned to the Fifth Order of Business. Presentation of Petitions, Resolutions and Memorials The following resolution was read at length by the Secretary: S.C.R. 119
By STATE AFFAIRS COMMITTEE A CONCURRENT RESOLUTION Authorizing and directing the Legislative Council to
SENATE JOURNAL undertake and complete a study of dedicated funds, their administration, collection of moneys for the funds, and expenditures from the funds. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, the state of Idaho has established a num ber of funds that are dedicated to particular purposesâ&#x20AC;˘ and, WHEREAS, the state has a continuing interest in the administration of these funds, in the collection of moneys for the funds, and in the expenditure of moneys from the funds. NOW, THEREFORE, BE IT RESOLVED by the Senate, the House of Representatives concurring therein, that the Legislative Council is directed to undertake and com plete a study of dedicated funds, including the adminis tration of such funds, the collection of moneys for the funds, and the expenditure of moneys from the funds. BE IT FURTHER RESOLVED that the Legislative Council shall report its findings and recommendations to the Second Regular Session of the Forty-first Idaho Legislature. S.C.R. 119 was referred to the Judiciary and Rules Committee for printing. Reports of Standing Committees March 18, 1971. The JUDICIARY AND RULES Committee reports that S.C.R. 119 has been correctly printed. KLEIN, Chairman. S.C.R. 119 was referred to the Tenth Order of Busi ness, and ordered held at the desk for two legislative days. March 18, 1971. The RESOURCES AND ENVIRONMENT Committee reports out H. 215 with the recommendation that it do pass. WILLIAMS, Chairman. March 18, 1971. The TRANSPORTATION Committee reports out II. 97, as amended, without recommendation. BUDGE, Chairman. March 18, 1971. The COMMERCE AND BANKING Committee reports out S. 1278 with the recommendation that it do pass. BRASSEY, Chairman. H. 215, H. 97, as amended, and S. 1278 were filed for second reading. March 18, 1971. The LOCAL GOVERNMENT AND TAXATION Com tnittee reports out H. 309 with the recommendation that it be placed on the Fourteenth Order of Business for amendment. BROWN, Chairman. H. 309 was placed on the General Calendar for amend rnent. Messages from the House March 18, 1971. lâ&#x20AC;&#x2122;Ir. President: I transmit herewith H. 360, H. 337, H. 338, H. 340, H. 320, II. 316, II. 339, H. 324, H. 342, H. 343, H. 345, H. 346, W 347, II. 348, H. 349, H. 350 and H. 341 which have passed the House. FITZWATER, Chief Clerk.
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H. 360, H. 337, H. 338, H. 340, H. 320, H. 316, H. 339, H. 324, II. 342, H. 343, H. 345, H. 346, H. 347, H. 348, H 349, H. 350 and H. 341 were filed for first reading. March 18, 1971. Mr. President: I transmit herewith Enrolled H. 198, as amended in thE Senate, which has been signed by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign H. 198 as amended in the Senate, and, when so signed, ordered it returned to the House. March 18, 1971. Mr. President: I return herewith Enrolled S. 1059, S. 1051, as amended in the House, S. 1144, S. 1179, S. 1196, S. 1209, S. 1214, S. 1215, S. 1216, S. 1217, S. 1224, S. 1228, S. 1229, S. 1231, S. 1232, S. 1233, S. 1234, S. 1235, 5. 1240, S. 1242 and S. 1243 which have been signed by the Speaker. FITZWATER, Chief Clerk. Enrolled S. 1059, S. 1051, as amended in the House, S. 1144 5. 1179, S. 1196, S. 1209, S. 1214, S. 1215, S. 1216, S. 1217, S. 1224, S. 1228, S. 1229, S. 1231, S. 1232, S. 1233, S. 1234, S. 1235, 5. 1240, S. 1242 and 5. 1243 were referred to the Judiciary and Rules Committee for transmittal to the Governor. March 18, 1971. Mr. President: I return herewith Enrolled S.C.R. 111, S.C.R. 114 and S.C.R. 115 which have been signed by the Speaker. FITZWATER, Chief Clerk. S.C.R. 111, S.C.R. 114 and S.C.R. 115 were referred to the Judiciary and Rules Committee for transmittal to the Sec retary of State. March 18, 1971. Mr. President: I transmit herewith Enrolled II. 69, as amended, II. 87, H. 105, H. 137, as amended, II. 143, II. 189, as amended, H. 221, H. 243, as amended, H. 247, H. 248, as amended, H. 261, H. 273, H. 276, H. 280, H. 281, H. 289, as amended, H. 292, H. 304, H. 310, II. 311, H. 312, H. 314, H. 317, H. 325, H. 326, H. 327, H. 328 and H. 329 which have been signed by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign Enrolled H, 69, as amended, II. 87, H. 105, H. 137, as amended, H. 143, H. 189, as amended, H. 221, H. 243, as amended, H. 247, H. 248, as amended, H. 261, H. 273, H. 276, II. 280, II. 281, H. 289, as amended, H. 292, H. 304, H. 310, II. 311, II. 312, H. 314, H. 317. H. 325, II. 326, H. 327, H. 328 and H. 329 and, when so signed, ordered them returned to the House. Introduction, first Reading and Reference of Bills S. 1289 By FINANCE COMMITTEE AN ACT Appropriating moneys out of the fund enumerated to the Department of Finance and prescribing a major pro gram for the period July 1, 1971 through June 30, 1972. S. 1290 By FINANCE COMMITTEE AN ACT Appropriating $40,000 from the Permanent Building Fund to the Permanent Building Fund Advisory Council and the Department of Public Works for the purpose specified; expressing legislative intent concerning use of such funds; exempting the appropriation from the provi
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ions of Chapter 36, Title 67, Idaho Code, and from the rovisions of Section 67-3516, Idaho Code; authorizing the se of tax anticipation notes; and declaring an emer ency. S. 1291 By FINANCE COMMITTEE ANACT Appropriating moneys from the funds enumerated to e State Board of Education for the State Department of ducation and prescribing a major program and expenth ire classifications on the appropriation for the period uly 1, 1971 through June 30, 1972. S. 1292 By FINANCE COMMITTEE AN ACT Appropriating moneys from the fund enumerated to he Department of Agriculture for the payment of oper ting costs and expenses for the regulation of sprayers nd dusters for the period July 1, 1971 through June 30, 972. S. 1289, S. 1290, S. 1291 and S. 1292 were introduced, sad the first time at length and referred to the Judiciary nd Rules Committee for printing. H. 360, by Ways and Means Committee, was introduced, sad the first time at length and referred to the State tif airs Committee. II. 320, by Ways and Means Committee, was introduced nd read the first time at length. H. 337, H. 338, H. 340, H. 316, H. 339, H. 324, H. 342, 1. 343, H. 345, H. 346, H. 347, H. 348, H. 349, H. 350 ad H. 341, by Appropriations Committee, were intro uced and read the first time at length. On request by Senator Kidwell, granted by unanimous onsent, the above named bills were filed for second read ig. There being no objection, the Senate returned to the ixth Order of Business. Reports of Standing Committees March 18, 1971. The JUDICIARY AND RULES Committee reports that 1289, S. 1290, S. 1291 and S. 1292 have been correctly rinted. KLEIN, Chairman. On request by Senator Kidwell, granted by unanimous onsent, S. 1289, S. 1290, S. 1291 and S. 1292 were filed for econd reading. On request by Senator Kidwell, granted by unanimous onsent, the Senate advanced to the Tenth Order of Busi ess. Motions and Resolutions On request by Senator Kidwell, granted by unanimous onsent, H.C.R. 7 was before the Senate for considera ion at this time. Moved by Senator Brassey, seconded by Senator Crut her, that H.C.R. 7 be adopted. The question being, “Shall H.C.R. 7 be adopted?” Roll call resulted as follows: Allen, Bilyeu, Bivens, Brassey, Cobbs, Crut AYES her, Egbert, Ellsworth (20), Evans, High, Kidwell, Klein, lanley, Manning, Mitchell, Mix, Murphy. Total—17. NAYS Barker, Brown, Budge, Chase, Crookham, ]llsworth (30), Miller, Peavey, Rigby, Saxvik, Solberg, teen, Stoicheff, Summers, Swenson, Williams, Yarbrough. ‘otal—17. Fredericksen. Total—i. Absent and excused —
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Total—35. Tie vote having resulted from the roll call, the President voted AYE and declared the resolution adopted, title approved and ordered H.C.R. 7 returned to the House. Moved by Senator Kidwell, seconded by Senator Crut cher, that all rules of the Senate interfering with the immediate consideration of S.C.R. 119 be suspended. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher Egbert, Ells worth (20), Ellsworth (30), Evans, High kidwell Klein, Manley, Manning, Miller, Mitchel1, Mix, lturphy, i’eavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Wiffiams, Yarbrough. Total—34. NAYS—None. Absent and excused—Fredericksen. Total—i. Total—35. More than two-thirds having voted in the affirmative, the President declared the rules suspended and S.C.R. 119 was before the Senate for consideration. Moved by Senator High, seconded by Senator Crut cher, that S.C.R. 119 be adopted. The question being, “Shall the resolution be adopted?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES Budge, Chase, Cobbs Crookham, Crutcher, Egbert, Ells worth (20), Ellswortii (30), Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mix, Peavey, Rigby, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—31. Evans. Total—i. NAYS Absent and excused Mitchell, Murphy, Saxvik. Total —3. Total—35. Whereupon the President declared S.C.R. 119 adopted, title was approved and the resolution ordered transmitted to the House. The motion to reconsider H.C.R. 17 having previously passed? Senator Kidwell requested that H.C.R. 11 be reconsidered at this time. Moved by Senator Kidwell, seconded by Senator Bivens, that H.C.R. 17 be adopted. The question being, “Shall the resolution be adopted?” —
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Roll call resulted as follows: AYES Allen, Barker, Bivens, Brown, Chase, Cobbs, Crookham, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Miller, Mix, Peavey, Rigby, Solberg, Steen, Summers, Williams, Yar brough. Total—25. NAYS Bilyeu, Budge, Crutcher, Murphy, Saxvik, Stoicheff, Swenson. Total—7. Absent and excused Brassey, Manning, Mitchell. Total—3. Total—35. Whereupon the President declared H.C.R. 17 adopted, title was approved and the resolution ordered returned to the House. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Twelfth Order of Business. —
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Second Reading of Bills On request by Senator Stoicheff, granted by unanimous
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consent, II. 191, as amended, as amended in the Senate, was recommitted to the Labor and Economic Develop ment Committee. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1283 be suspended; that the por tions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three sev eral days be dispensed with, this being a case of urgency, and that S. 1283 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidweli. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, High, Kidwell, Klein, Manley, Manning, Miller Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, teen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Fredericksen. Total—i. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. The President called Senator Manning to the Chair. On request by Senator Mitchell, granted by unanimous consent, pursuant to Rule 9-E, relating to correction of typographical errors the following correction was made: On page two of the bill, item 5, insert the word “State” after the word Clark and before the word College. 5. 1283 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass ?“ Roll call resulted as follows: AYES Allen, Barker, Bivens, Brassey, Brown, Budge, Chase, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Manley, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Swenson, Williams, Yarbrough. Total—27. NAYS Bilyeu, Cobbs, Crookham, Kidwell, Klein, Man ning, Stoicheff, Summers. Total—8, Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of 5. 1286 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three sev eral days be dispensed with, this being a case of urgency, and that S. 1286 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Crutcher, The question being, “Shall the rules be suspended?” Roll call resulted as follows: —
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AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, High, Kidwell Klein Manley, Manning, Miller, Mitchell, Mix, Murphy, feavey Rigby, Saxvik, Solberg, Steen, Stoichefi’, Summers, Swen son, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Fredericksen. Total—i. Total—35. More than two-thirds having voted in the affirmativ the Acting President declared the rules suspended. S. 1286 was read the first time by title, second time b title and the third time at length, section by section am placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Biveus, Brown, Budge Crookham, Crutcher, Egbert, Ellsworth (30), Evans Fredericksen, High, Manley, Manning, Miller, Mitchell Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff Summers, Williams. Total—26. NAYS None. Absent and excused Brassey, Chase, Cobbs, Ellswortl (20), Kidwell, Klein, Mix, Swenson, Yarbrough. Total—9 Total—35. Whereupon the Acting President declared the bil passed. Title was approved and the bill ordered transmitted t the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with thf immediate passage of 5. 1287 be suspended; that thc portions of Section 15 Article 3 of the Constitutior of the State of Idaho requiring all bills to be read or three several days be dispensed with, this being a casc of urgency, and that S. 1287 be read the first time b title, second time by title, and third time at length, sec tion by section, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?’ Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, High, Kidwell, Klein Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Fredericksen. Total—i. Total—35. More than two-thirds having voted in the afflrmativ the Acting President declared the rules suspended. S. 1287 was read the first time by title, second timE by title and the third time at length, section by sectior and placed before the Senate for final consideration, thE question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher Egbert, Ells worth (20), Ellsworth (30), Evans, High, kidwell, Klein Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—34. NAYS—None, —
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Absent and excused—Fredericksen. Total—i. Total—35. Whereupon the Acting President declared the bill gassed. Title was approved and the bill ordered transmitted :o the House. Motion to Suspend Rules 6r. President: I move that all rules of the Senate interfering with ;he immediate passage of S. 1280 be suspended; that the ortions of Section 15 Article 3 of the Constitution of bhe State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of Lirgency, and that S. 1280 be read the first time by title, econd time by title, and third time at length, section y section, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, B gbert, BUs vorth (20), Ellsworth (30), Evans, High, Kidwell, Klein, if anley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen 3on, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Fredericksen. Total—i. Total—35. More than two-thirds having voted in the affirmative bhe Acting President declared the rules suspended. S. 1280 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (30), Evans, Fred ericksen, High, Kidwell, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Solberg, Steen, Summers, Swenson, Williams. Total—27. NAYS—Budge, Stoicheff. Total—2. Absent and excused—Brown, Chase, Ellsworth (20), Klein, Saxvik, Yarbrough. Total—6. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. Call of the Senate was requested by Senators Evans, Crutcher and Mix. Whereupon the President ordered the doorkeepers to lock the doors permitting no Senator or the President to leave or enter the Senate Chamber. The Sergeant-atArms was instructed to find and present any absent members to the Senate. Roll call showed all members present. On request by Senator Evans, granted by unanimous consent, the Call of the Senate was lifted. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1278 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on
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three several days be dispensed with, this being a case of urgency, and that S. 1278 be read the first time by title, second time by title, and third time at length, sec tion by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Mix. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Budge, Cobbs, Crookham, Egbert, Ellsworth (30), Evans High, Kidwell, Klein, Manley, Manning, Mitchell, Mix, ,iurphy, Peavey, Rigby, Saxvik, Solberg, Steen, Summers, Swen son, Williams. Total—27. NAYS—Chase, Crutcher, Fredericksen, Miller, Stoicheff. Total—5. Absent and excused—Brown, Ellsworth (20), Yar brough. Total—3. Total—35. More than two-thirds having voted in the affirmative the Acting President declared the rules suspended. S. 1278 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutciier, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Summers, Swenson, Wil liams. Yarbrough. Total—32, NAYS—Manning, Miller, Stoicheff. Total—3. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering witl the immediate passage of S. 1279 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a cas of urgency, and that S. 1279 be read the first time by title, second time by title, and third time at length, sec tion by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?’ -
Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens Brassey, Brown Budge, Chase, Cobbs, Crookham, Crutcfier, Egbert, Ells worth (20), Ellsworth (30), Evans, High, Kidwell, Klein Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Fredericksen. Total—i. Total—35. More than two-thirds having voted in the affirmativ the Acting President declared the rules suspended. S. 1279 was read the first time by title, second thm by title and the third time at length, section by seetioi
SENATE JOURNAL and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, 3rown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, High, Kidwell, Klein, VIanley, Manning, Miller Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, teen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Fredericksen. Total—i. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted bo the House. Motion to Suspend Rules ldr. President: I move that all rules of the Senate interfering with the tmmediate passage of S. 1284 be suspended; that the por ions of Section 15 Article 3 of the Constitution of the state of Idaho requiring all bills to be read on three sev ral days be dispensed with, this being a case of urgency, and that S. 1284 be read the first time by title, second ime by title, and third time at length, section by section, nd be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, 3udge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells vorth (20), Ellsworth (30), Evans, High, Kidwell, Klein, 4anley, Manning, Miller Mitchell, Mix, Murphy, Peavey, EUgby, Saxvik, Solberg, teen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Fredericksen. Total—i. Total—35. More than two-thirds having voted in the affirmative the cting President declared the rules suspended. S. 1284 was read the first time by title, second time by ;itle and the third time at length, section by section and )laced before the Senate for final consideration, the ques ;ion being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, judge, Chase, Cobbs, Crookham, Crutcher Egbert, Ells vorth (20), Ellsworth (30), Evans, High, kidwell, Klein, vlanley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, igby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen on, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Fredericksen. Total—i. Total—35. Whereupon the Acting President declared the bill )assed. Title was approved and the bill ordered transmitted to ho House. Motion to Suspend Rules Tr. President: I move that all rules of the Senate interfering with the mmediate passage of S. 1285 be suspended; that the por ions of Section 15 Article 3 of the Constitution of the ftate of Idaho requiring all bills to be read on three sev
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eral days be dispensed with, this being a case of urgency, and that S. 1285 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, High, Kidwell Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, t’eavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Fredericksen. Total—i. Total—35. More than two-thirds having voted in the affirmative the Acting President declared the rules suspended. S. 1285 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: AYES Barker. Bilyeu, Bivens, Brown, Budge, Crook ham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Manley, Manning, Miller, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Swenson, Williams, Yarbrough. Total—28. NAYS Cobbs, Summers. Total—2. Absent and excused Allen, Brassey, Chase, Klein, Mitchell. Total—5. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1281 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that S. 1281 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, High, Kidwell, Klein, Manley, Manrnng, Miller Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, teen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Fredericksen. Total—i. Total—35. More than two-thirds having voted in the affirmative the Acting President declared the rules suspended. S. 1281 was read the first time by title, second time by title and the third time at length, section by section —
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md placed before the Senate for final consideration, the juestion being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells vorth (20), Ellsworth (30), Evans, High, Kidwell, Klein, vIanley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen mon, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Fredericksen. Total—L Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1282 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that S. 1282 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher Eghert, Ells worth (20), Ellsworth (30) Evans, High, kidweu, Klein, Manley, Manning, Miller, lViitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Fredericksen. Total—i. Total—35. More than two-thirds having voted in the affirmative the Acting President declared the rules suspended. S. 1282 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutciier Egbert, Ells worth (20), fllsworth (30), Evans, High, kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Fredericksen. Total—i. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1288 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three sev
eral days be dispensed with, this being a case of urgency, and that S. 1288 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens Brassey, Brown, Budge, Chase, Cobbs Crookham, Crutciier, Egbert, Ells worth (20), Ellsworth (30) Evans, High, Kidwell Klein, Manley, Manning, Miller, l’vtitchell, Mix, Murphy, t’eavey, Righy, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Fredericksen. Total—i. Total—35. More than two-thirds having voted in the affirmative thc Acting President declared the rules suspended. S. 1288 was read the first time by title, second time b title and the third time at length, section by section am placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: Allen, Braker, Bilyeu, Bivens, Brassey, Brown AYES Chase, Crookham, Crutcher, Egbert, Ellsworth (20), Ells worth (30), Evans, Fredericksen, High, Kidwell, Manley Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby Saxvik, Solberg, Steen, Summers, Williams, Yarbrough Total—30. NAYS Budge, Stoicheff, Swenson. Total—3. Cobbs, Klein. Total—2. Absent and excused Total—35. Whereupon the Acting President declared the bil passed. Title was approved and the bill ordered transmitted tc the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with th immediate passage of S. 1289 be suspended; that the por tions of Section 15 Article 3 of the Constitution of th State of Idaho requiring all bills to be read on three sev eral days be dispensed with, this being a case of urgency and that S. 1289 be read the first time by title, seconc time by title, and third time at length, section by section and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, High, Kidwell Klein Manley, Manning, Miller Mitchell, Mix, Murphy, I’eavey Rigby, Saxvik, Solberg, teen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Fredericksen. Total—i. Total—35. More than two-thirds having voted in the affirmative th Acting President declared the rules suspended. S. 1289 was read the first time by title, second time b: title and the third time at length, section by section am —
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SENATE JOURNAL placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcfier, Egbert, Ells worth (20), Ellsworth (30), Evans, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Fredericksen. Total—i. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of 5. 1291 be suspended; that the portions of Section i5 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that 5. 1291 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Fredericksen. Total—i. Total—35. More than two-thirds having voted in the affirmative the Acting President declared the rules suspended. 5. 1291 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass ?“ Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, High, Kidwell, Klein, ‘1anley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen 3ofl, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Fredericksen. Total—i. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to ;he House. Motion to Suspend Rules ,Ir. President: I move that all rules of the Senate interfering with ;he immediate passage of S. 1290 be suspended; that ;he portions of Section 15 Article 3 of the Constitution of ;he State of Idaho requiring all bills to be read on three
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several days be dispensed with, this being a case ol urgency, and that S. 1290 be read the first time by title second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?’ Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Fredericksen. Total—i. Totai—35. More than two-thirds having voted in the affirmative the Acting President declared the rules suspended. S. 1290 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, chase, Cobbs, Crookham, Crutcher, Eghert, Ells. worth (20), Ellsworth (30), Evans, High, Kidwell, Klein, Manley, Manning, Miller Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solherg, teen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Fredericksen. Total—i. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered transmitted to the House. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Fifteenth Order o:t Business. Miscellaneous Business On motion by Senator Crutcher, seconded by President Pro-Tempore Ellsworth, the Senate adjourned until 9:00 o’clock a.m., Friday, March 19, 1971. DARRELL MANNING, Acting President. Attest: ARTHUR WILSON, Secretary.
SIXTY-EIGHTH LEGISLATIVE DAY FRIDAY, MARCH 19, 1971 Senate Chamber, Boise, Idaho, March 19, i971. President Murphy called the Senate to order at 9:00 o’clock a.m. Roll call showed all members present. The following prayer was offered by Chaplain Newell Morgan: Our Father in Heaven, as we unite in prayer for Thy blessings upon the Members of this body, we know that Thou art lovingly concerned about the way we live and
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ow we wear ourselves out. Give these before Thee today thysical strength and mental alertness. Help us today to commit life to Thee that no weight )f anxiety and worry shall keep us from doing our best. May these before Thee having accepted the privilege md responsibility to help conduct the government of free people, stand tall in statesmanship. Help them when pressure and criticism singles them out. Help them to mlways understand each other. May they be firm and air in convictions. Grant that through the crucible of lebate, on the anvil of reason there shall be formed this lay decisions adequate and sufficient. In Our Lord’s Name, Amen. Reports of Standing Committees March 18, 1971. reports Committee The JUDICIARY AND RULES :hat 5. 1064, as amended, S. 1146, S. 1165, S. 1177, as imended, S. 1182, S. 1189, as amended, S. 1193, as amend d, S. 1195, S. 1204, S. 1207, S. 1211, 5. 1212, S. 1213, S. 1226, S. 1227, S. 1230, S. 1223 and S. 1254 have been cor ectly enrolled. KLEIN, Chairman. The President announced he was about to sign Enrolled 5. 1064, as amended, S. 1146, S. 1165, S. 1177, as amended, 5. 1182, S. 1189, as amended, S. 1193, as amended, S. 1195, 5. 1204, S. 1207, S. 1211, S. 1212, S. 1213, S. 1226, 5. 1227, 5. 1230, S. 1223 and S. 1254, and when so signed, ordered bhem transmitted to the House for the signature of the Speaker. Messages from the Governor STATE OF IDAHO Office of the Governor BOISE March 18, 1971 The Honorable Jack Murphy President of the Senate Senate Chambers Building Dear Mr. President: I have the honor to inform you that I have this day approved and am transmitting to the Secretary of State the following Senate Bills, to-wit: SENATE BILL 1183 as amended in the House SENATE BILL 1030 as amended as amended in the House SENATE BILL 1007 as amended as amended in the House Sincerely, Is! CECIL D. ANDRUS Governor The message from the Governor was ordered filed in the office of the Secretary of the Senate. Messages from the House March 18, 1971. Mr. President: I transmit herewith H. 344, H. 321, H. 351, H. 352, H. 353 and return herewith S.J.M. 110 which have passed the House. FITZWATER, Chief Clerk. H. 344, H. 321, H. 351, H. 352 and H. 353 were filed for first reading. S.J.M. 110 was referred to the Judiciary and Rules Com mittee for enrolling. March 18, 1971. Mr. President: I return herewith S. 1172, S. 1239, S. 1184, 8. 1245, 5.
1250, S. 1142, as amended, S. 1251 and S. 1252 which have passed the House. FITZWATER, Chief Clerk. S. 1142, as 1250, 1245, S. S. 1172, S. 1239, 5. 1184, 5. amended, S. 1251 and S. 1252 were referred t0 the Judi ciary and Rules Committee for enrolling. March 18, 1971. Mr. President: I transmit herewith Enrolled H. 149, as amended, as amended in the Senate, H. 263, H.C.R. 4, H.C.R. 12, H.C.R. 24, ll.C.R. 27, H.C.R. 28, H.C.R. 29, H.C.R. 30 and H.C.R. 31 which have been signed by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign Enrolled H. 149, as amended, as amended in the Senate, H. 263, H.C.R. 4, H.C.R. 12, H.C.R. 24, H.C.R. 27, H.C.R. 28, H.C.R. 29, H.C.R. 30 and H.C.R. 31, and when so signed, ordered them returned to the House. Motions and Resolutions On request by Senator Kidwell, granted by unanimous consent, S.J.R. 108, S.J.R. 111, H.C.R. 23, SJ.R. 110 and H.C.R. 19 were recommitted to the State Affairs Com mittee. Moved by Senator Bivens, seconded by Senator Rigby, that all rules of the Senate interfering with the immediate consideration of H.C.R. 20 be suspended. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES—Allen, Barker, Bivens, Brown, Chase, Crookham, Ellsworth (20), Ellsworth (30) Evans, Fredericksen, High, Kidwell, Manley, Miller, Mitciiell, Mix, Murphy, Peavey1 Rigby, Saxvik, Steen, Swenson, Williams, Yarbrough. Total —24. NAYS—Bilyeu Budge, Cobbs, Crutcher, Manning, Sol berg, Stoicheff, S’ummers. Total—S. Absent and excused—Brassey, Egbert, Klein. Total—3. Total—35. More than two-thirds having voted in the affirmative, the President declared the rules suspended and H.C.R. 20 was before the Senate for consideration. Moved by Senator Bivens, seconded by Senator Kidwell, that H.C.R. 20 be adopted. The question being, “Shall the resolution be adopted?” Roll call resulted as follows: AYES—Allen, Barker, Bivens, Brassey, Brown, Chase, Crookham Ellsworth (20), Ellsworth (30), Evans, Fred ericksen, Iigh, Manley, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Williams, Yar. brough. Total—24. NAYS—Bilyeu, Budge, Manning, Stoicheff, Summers, Swenson. Total—6. Absent and excused—Cobbs, Crutcher, Egbert, Kidwell. Klein. Total—5. Total—35. Whereupon the President declared H.C.R. 20 adopted, title was approved and the resolution ordered returned tc the House. Introduction, First Reading and Reference of Bills S. 1293 By FINANCE COMMITTEE
AN Aol’ Appropriating moneys from the funds enumerated tc the State Highway Board of Directors and prescribin
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major programs and expenditure classifications of the ap propriation for the period July 1, 1971 through June 30, 1972. S. 1293 was introduced, read the first time at length nd referred to the Judiciary and Rules Committee for printing. H. 344, H. 351, 11. 352 and H. 353, by Appropriations Committee, were introduced, read the first time at length. 11.321, by Ways and Means Committee, was introduced, read the first time at length. On request by Senator Bivens, granted by unanimous consent, 11. 344, H. 351, H. 352, H. 353 and H. 321 were filed for second reading. There being no objection, the Senate returned to the Sixth Order of Business. Reports of Standing Committees March 19, 1971. The JUDICIARY AND RULES Committee reports that S. 1293 has been correctly printed. KLEIN, Chairman. On request by Senator Bivens, granted by unanimous onsent, S. 1293 was filed for second reading. On request by Senator Bivens, granted by unanimous onsent, the Senate advanced to the Twelfth Order of Business. Second Reading of Bills Call of the Senate was requested by Senators Mix, urphy and Bivens. Whereupon the President ordered the doorkeepers to Lock the doors permitting no Senators or the President :o leave or enter the Senate Chambers except the Ser geant-at-Arms with the absent members. Roll call showed Senators Barker, High and Steen ab sent. The Sergeant-at-Arms reported to the President that he absent members were now present in the Senate Chamber. On request by Senator Bivens, the Call of the Senate
was lifted.
Motion to Suspend Rules Ir. President: I move that all rules of the Senate interfering with Lhe immediate passage of S. 1136, as amended in the Iouse, be suspended; that the portions of Section 15 article 3 of the Constitution of the State of Idaho, re uiring all bills to be read on three several days be dis sensed with, this being a case of urgency, and that 1136, as amended in the House, be read the first time ) title, second time by title, and third time at length, ;ection by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, 3udge, Chase, Cobbs, Crookham, Crutcher, Eghert, Ells vorth (20) Ellsworth (30), Evans, Fredericksen, High, Gdwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Iurphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, ummers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. More than two-thirds having voted in the affirmative he President declared the rules suspended. .
March 19)
S. 1136, as amended in the House, was read the first time by title, second time by title and third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bivens, Brassey, Brown, Budge Chase, Cobbs, Ellsworth (20), Fredericksen, High, Klein, Manley, Murphy, Solberg, Steen. Total—16. —
NAYS Bilyeu, Crutcher, Egbert, Ellsworth (30), Evans, Kidwell, Manning, Miller, Mitchell, Mix, Peavey, Rigby, Saxvik, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—iS. Absent and excused Crookham. Total—i. Total—35. Whereupon the President declared the bill lost and ordered it filed in the office of the Secretary of the Senate. —
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Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 344 be suspended; that the por tions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three sev eral days be dispensed with, this being a case of urgency, and that 11. 344 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended ?“ Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase. Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35, NAYS None. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. Moved by Senator Evans, seconded by Senator Man ning, that H. 344 be placed on the Fourteenth Order of Business, General Calendar, for amendment. Roll call vote was requested by Senators Crutcher, Mix and Chase. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES Bilyeu, Chase, Crutcher, Egbert, Evans, Man ley, Manning, Miller, Mitchell, Mix, Murphy, Rigby, Saxvik, Stoicheff. Total—it. —
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NAYS Allen, Barker, Bivens, Brassey, Brown, Budge, Cobbs, Crookham, Ellsworth (20), Ellsworth (30), Fred ericksen, High, Kidwell, Klein, Peavey, Solberg, Steen, Summers, Swenson, Williams, Yarbrough. Total—21. Total—35. Whereupon the President declared the motion lost and announced that 11. 344 was before the Senate for con sideration. 11. 344 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” —
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[March 19
Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellaworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, RIgby, Saxvik, Solberg, Steen, Sum mers, Swenson, Williams, Yarbrough. Total—34. Stoicheff. Total—I. NAYS Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. —
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Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 341 be suspended; that the por tions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three sev eral days be dispensed with, this being a case of urgency, and that H. 341 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: Allen, Barker, Bilyeu, Brassey, Brown, Budge, AYES Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Fllsworth (30). Evans, Fredericksen, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—33. NAYS None. Bivens, High. Total—2. Absent and excused Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. The President called Senator Yarbrough to the Chair. Moved by Senator Evans, seconded by Senator Manning, that H. 341 be placed on the Fourteenth Order of Busi ness, General Calendar, for amendment. Roll call vote was requested by Senators Evans, Mix and Manning. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES Bilyeu, Crutcher, Evans, Manley, Manning, Miller, Mix, Murphy, Saxvik, Stoicheff. Total—lO. Allen, Barker, Bivens, Brassey, Brown, Budge, NAYS Chase, Cobbs, Crookham, Egbert, Ellsworth (20), Ells worth (30), Fredericksen, High, Kidwell, Klein, Mitchell, Peavey, Rigby, Solberg. Steen, Summers, Swenson, Wil liams, Yarbrough. Total—25. Total—35. Whereupon the Acting President declared the motion lost and announced that H. 341 was before the Senate for consideration. H. 341 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kid—
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well, Klein, Manley, Manning, Miller, Mitchell, Mix Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff Summers, Swenson, Williams, Yarbrough. Total—34. NAYS Budge. Total—i. Total—35. Whereupon the Acting President declared the bit passed. Title was approved and the bill ordered returned to thE House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with thc immediate passage of S. 1292 be suspended; that the por tions of Section 15 Article 3 of the Constitution of thE State of Idaho requiring all bills to be read on three sev eral days be dispensed with, this being a case of urgency and that S. 1292 be read the first time by title, second timE by title, and third time at length, section by section, anc be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Bivens. The question being, “Shall the rules be suspended?” Roll call resulted as follows: Allen, Barker, Bilyeu, Brassey, Brown, Budge AYES Chase, Cobbs, Crookham, Crutcher, Egbert, Ellswortl (20), Ellsworth (30), Evans, Fredericksen, Kidwell, Klein Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen. son, Williams, Yarbrough. Total—33. NAYS None. Absent and excused Bivens, High. Total—2. Total—35. More than two-thirds having voted in the affirmativ the President declared the rules suspended. S. 1292 was read the first time by title, second timE by title and the third time at length, section by seetior and placed before the Senate for final consideration, thE question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Brassey, Brown, Budge Chase, Oobbs, Crookham, Crutcher, Egbert, Ellsworth (20) Bllsworth (30), Evans, Fredericksen, Kidwell, Klein, Man ley, Manning, Miller, Mitchell, Mix, Murphy, Peavey Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen. son, Williams, Yarbrough. Total—33. NAYS—None. Absent and excused—Bivens, High. Total—2. —
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Total—35. Whereupon the Acting President declared the bill passed Title was approved and the bill ordered transmittec to the House. On motion by Senator Kidwell, seconded by Senate Crutcher, the Senate recessed until 12:30 o’clock p.m of this day. RECESS Afternoon Session The Senate reconvened at 12 :30 o’clock p.m., pursuan to recess, President Murphy presiding. Roll call showed all members present. Prior to recess, the Senate was at the Twelfth Orde: of Business.
Second Reading of Bills
Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering wit]
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the immediate passage of S. 1293 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that S. 1293 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—33. NAYS—None. Absent and excused—Bilyeu, Miller. Total—2. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. S. 1293 was read the first time by title, second time y title and the third time at length, section by section snd placed before the Senate for final consideration, the luestion being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bivens, Brassey, Brown, Budge, Dhase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), $llsworth (30), Evans, Fredericksen, High, Kidwell, FClein, Manley, Manning, Mitchell, Mix, Murphy, Peavey, Eigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen ;on, Williams, Yarbrough. Total—33. NAYS—None. Absent and excused—Bilyeu, Miller. Total—2. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted ;o the House. Senator Rigby, having voted on the prevailing side by vhich S. 1136, as amended in the House, lost in the Senate, ;erved notice that he may on this or the next legislative lay move for reconsideration of the vote. The President ordered S. 1136, as amended in the House, ield at the desk. On request by Senator Kidwell, granted by unanimous onsent, the Senate advanced to the Fourteenth Order of 3ushiess. General Calendar Sehator Manning requested, pursuant to Rule 14-E, that 1. 306 having been in the Transportation Committee for fore than three days, be reported out forthwith to the [esk. Senator Budge requested unanimous consent that the rransportation Committee be excused from reporting out 1. 306. Senator Manning objected. Moved by Senator Budge, seconded by Senator Bivens, hat the Transportation Committee be excused from re sorting out H. 306. Roll call vote was requested by Senators Kidwell, Bilyeu tnd Bivens. The question being, “Shall the motion pass?” Roll call resulted as follows:
March 19)
AYES—Allen, Bivens, Brassey, Brown, Budge, Chase, Eghert, Ellsworth (20), Ellsworth (30), Fredericksen, Kidwell, Manley, Miller, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Swenson, Williams, Yarbrough. Total—22. NAYS—Barker Bilyeu, Cobbs, Crutcher, Evans, High, Klein, Manning, kitchell, Mix, Murphy, Summers. Total —12. Absent and excused—Crookham. Total—i. Total—35. Whereupon the President declared the motion passed and the Transportation Committee excused from report ing out H. 306. The President declared the Senate recessed and called Senator Bivens to the Chair to preside during the sitting of the Committee of the Whole. Following the adjournment of the Committee of the Whole, the President called the Senate to order. Report of the Committee of the Whole Senator Bivens, Chairman of the Committee of the Whole, reported out H. 309, without recommendation, amended as follows: SENATE AMENDMENTS TO H. 309 AMENDMENTS TO SECTION 2 On Page 3 of the printed bill, in line 16, following the numeral “151” delete the words and characters “(b) and Ce)”. AMENDMENTS TO SECTION 4 On Page 5 of the printed bill, starting with line 22, delete the remainder of the lines on page 5. On Page 6 of the printed bill, delete all of lines 1 through 15, AMENDMENTS TO SECTION 5 On Page 6 of the printed bill, in line 16, following the word “SECTION” delete the numeral “5” and insert in lieu thereof the numeral “4”. AMENDMENTS TO SECTION 6 On page 7 of the printed bill, in line 15, following the word “SECTION” delete the numeral “6” and insert in lieu thereof the numeral “5”. CORRECTIONS TO THE TITLE On Page 1 of the printed bill in line 15, following the numeral 151 delete the word and characters “(b) AND (e)”. On Page 1 of the printed bill, in line 22, following the word and character “RESIDENCE;” delete the remainder of line 22 and all of lines 23 through 29. On Page 1 of the printed bill in line 30 delete the words and character “SIXTY DAYS;”. The Committee also has S. 1132, 5. 1113, S. 1173, S. 1203 and H. 201, report progress and beg leave to sit again. BWENS, Chairman. On motion by Senator Bivens, seconded by Senator Murphy, the report was adopted. H. 309, as amended in the Senate, was filed for first reading. Senate amendments to H. 309 were referred to the Judiciary and Rules Committee for printing. There being no objection, the Senate returned to the Sixth Order of Business.
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The
Reports of Standing Committees March 19, 1971. JUDICIARY AND RULES Committee reports
March 19
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hat Senate amendments to H. 309 have been correctly rinted. KLEIN, Chairman. March 19, 1971. The STATE AFFAIRS Committee reports out H.C.R. .9 without recommendation. SUMMERS, Chairman. H.C.R. 19 was referred to the Tenth Order of Busi tess and held at the desk for one legislative day. On request by Senator Bivens, granted by unanimous onsent, the Senate advanced to the Ninth Order of usiness. Messages from the House March 19, 1971. vIi. President: I return herewith S. 1210, as amended in the House, 1185, as amended in the House, which have passed the iouse. FITZWATER, Chief Clerk. and 1210, in the House, amended S. 1185, as S. as tmended in the House, were referred to the Tenth Order )f Business, Motions and Resolutions. March 19, 1971. ‘Ir. President: I return herewith S. 1253, S. 1256, S. 1257, S. 1259, S. t260, S. 1261, S. 1222, as amended, and S. 1176, as amend td, which have passed the House. FITZWATER, Chief Clerk. S. 1253, 5. 1256, S. 1257, S. 1259, S. 1260, S. 1261, S. [222, as amended, and S. 1176, as amended, were referred :0 the Judiciary and Rules Committee for enrolling. March 19, 1971. llr. President: I transmit herewith Enrolled H. 184, II. 192, H. 274, II. 291, H. 330, H. 331, H. 332, H. 333, II. 334, H. 335 md H. 336 which have been signed by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign Enrolled El. 184, H. 192, H. 274, H. 291, H. 330, H. 331, H. 332, El. 333, H. 334, H. 335 and H. 336 and, when so signed, )rdered them returned to the House. Motions and Resolutions On motion by Senator Murphy, seconded by Senator Bivens, the Senate concurred in the House amendments to S. 1185. S. 1185, as amended in the House, was referred to the Judiciary and Rules Committee for engrossing. On motion by Senator Bivens, seconded by Senator Murphy, the Senate concurred in the House amendments to S. 1210. S. 1210, as amended in the House, was referred to the Judiciary and Rules Committee for engrossing. There being no objection, the Senate returned to the Sixth Order of Business. .
Reports of Standing Committees March 19, 1971. The JUDICIARY AND RULES Committee reports that S. 1210, as amended in the House, and S. 1185, as amend ed in the House have been correctly engrossed. KLEIN, Chairman.
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5. 1210, as amended in the House, and S. 1185, as amended in the House, were filed for first reading. Introduction, First Reading and Reference of Bills S. 1185, as amended in the House, by Agricultural Affairs Committee, was read the first time at length and filed for second reading. S. 1210, as amended in the House, by Finance Commit tee, was read the first time at length and filed for second reading. H. 309, as amended in the Senate, by Revenue and Taxa tion Committee, was read the first time at length and filed for second reading. Second Reading of Bills
Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 309, as amended in the Sen ate, be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that H. 309, as amended in the Senate, be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?” Roll call resulted as fo1lows: Allen, Barker, Bilyeu, Brassey, Brown, Budge, AYES Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30). Evans, Fredericksen, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams, Yarbrough. Total—33. NAYS None. Bivens, High. Total—2. Absent and excused Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. Call of the Senate was requested by Senators Mix, Kidwell and Bivens. Whereupon the President ordered the doorkeepers to lock the doors permitting no senators or the President to leave or enter the Senate Chambers except the Ser geant-at-Arms with the absent members. Roll call showed Senators Brassey, Chase, Crutchem and Williams absent. The Sergeant-at-Arms reported to the President that the absent members were now present in the Senat€ Chamber. On request by Senator Mix, the Call of the Senate waE lifted. —
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H. 309, as amended in the Senate. was read the first
time by title, second time by title and the third time at length, section by section and placed before the SenatE for final consideration, the question being, “Shall the bil pass?” Roll call resulted as follows: AYES Allen. Barker, Bilyeu, Bivens, Brassey, Brown Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20). Ellsworth (30), Evans, Fredericksen, High Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix Murphy, Peavey, Rigby, Saxvik, Solberg. Steen, Stoicheff Summers, Swenson, Williams, Yarbrough. Total—35. NAYS None. —
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Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 337 be suspended; that the por tions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three sev eral days be dispensed with, this being a case of urgency, and that H. 337 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase. Cobbs. Crookham, Crutcher, Egbert, Fillsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson. Williams, Yarbrough. Total—35. NAYS None. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. H. 337 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase. Cobbs, Crookham, Crutcher, Egbert, Ells worth (20). Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS None. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with Lhe immediate passage of H. 215, as amended, be sus pended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that H. 215, as amended, be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase Cobbs, Crookham, Crutcher, Eghert, Ells vorth (20) Ellsworth (30), Evans, Fredericksen, High, [Cidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Ifurphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. —
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March 19
NAYS—None. Total—35. More than two-thirds having voted in the affirmativ the President declared the rules suspended. The President called Senator Bivens to the Chair. H. 215, as amended, was read the first time by title second time by title and the third time at length, sectioi by section and placed before the Senate for final con sideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix
Murphy, Peavey, Rigby, Saxvik, $olberg, Steen, Stoicheff Summers, Swenson, Williams, Yarbrough. Total—35. NAYS-None. Total—35.
Whereupon the Acting President declared the bil
passed. Title was approved and the bill ordered returned t the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering witl the immediate passage of H. 97, as amended, be sus pended; that the portions of Section 15 Article 3 of th Constitution of the State of Idaho requiring all bills t be read on three several days be dispensed with, thi being a case of urgency, and that H. 97, as amended, b read the first time by title, second time by title, and thirc time at length, section by section, and be put upon iti final passage. Moved by Senator Kidwell. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?’ Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Bus worth (20) Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough, Total—35.
NAYS—None. Total—35. More than two-thirds having voted in the affirmative
the Acting President declared the rules suspended. II. 97, as amended, was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final con sideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brassey, Brown, Cobbs, Egbert, Manning, Mix, Peavey, Summers. Total—li. NAYS—Allen Budge, Chase, Crutcher, Ellsworth (30), Evans, Fredericfcsen, High, Kidwell, Klein, Manley, Miller, Murphy, Rigby, Saxvik, Solberg, Steen, Stoicheff, Wil liams, Yarbrough. Total—20.
Absent and excused—Crookham, Ellsworth (20), Mit
chell, Swenson. Total—4.
Total—35. Whereupon the Acting President declared the bill
lost.
Title was appToved and the bill ordered returned to the House.
SENATE JOURNAL
March 19
Senator Rigby, having served proper notice, moved hat the vote by which S. 1136, as amended in the House, ost in the Senate be now reconsidered. Seconded by Senator Murphy. Call of the Senate was requested by Senators Allen, obbs and Ellsworth (30). Whereupon the President ordered the doorkeepers to Dck the doors permitting no Senator or the President o leave or enter the Senate Chamber. The Sergeant-at Lrms was instructed to find and present any absent nembers to the Senate. Roll call showed all members present. On request by Senator Allen, granted by unanimous onsent, the Call of the Senate was lifted. The question being, “Shall the vote by which S. 1136, ts amended in the House, lost in the Senate be recon idered?” Roll call vote was requested by Senators Allen, Crook iam and Peavey. Roll call resulted as follows: Allen, Barker, Bivens, Brassey, Brown, Budge, AYES hase, Cobbs, Crookham, Egbert, Ellsworth (20), Ells rorth (30), Evans, Fredericksen, High, Klein, Manley, Iiller, Mitchell, Mix, Murphy, Peavey, Rigby, Solberg, steen, Stoicheff, Summers, Swenson, Williams, Yar rough. Total—30. Bilyeu, Crutcher, Kidwell, Manning, Saxvik. NAYS rotal—5. Total—35. Whereupon the Acting President declared the motion assed and 5. 1136, as amended in the House, was before he Senate for consideration. S. 1136, as amended in the House, was read the third ;ime at length, section by section and placed before the Senate for final consideration, the question being, “Shall bhe bill pass?” Roll call resulted as follows; Allen Barker, Bivens, Brassey, Brown, Budge, AYES Chase, Cobbs, Crookham, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Klein, Manley, Murphy, Sol berg, Steen, Yarbrough. Total—20. —
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Bilyeu, Crutcher, Egbert, Kidwell, Manning, NAYS Miller, Mitchell, Mix, Peavey, Rigby, Saxvik, Stoicheff, Summers, Swenson, Williams. Total—15. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and S. 1136, as amended in the House, was referred to the Judiciary and Rules Committee for enrolling. Senator Stoicheff, having voted on the prevailing side by which H. 309, as amended in the Senate, passed in the Senate, served notice that he may on this or the next legislative day move for reconsideration of the vote. —
The President ordered II. 309, as amended in the Senate, held at the desk. Senator Stoicheff, having served proper notice, moved that the vote by which H. 309, as amended in the Senate, passed in the Senate be now reconsidered. Seconded by Senator Barker. The question being, “Shall the motion pass?” The Acting President declared the motion lost and ordered H. 309, as amended in the Senate, returned to the House.
288
Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 338 be suspended; that the por
tions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three sev eral days be dispensed with, this being a case of urgency, and that H. 338 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen High, Kidwell, Klein, Manley, Manning, Miller, Mitcheñ, Mix, Murphy, Peavey, Rigby, $axvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. None. NAYS Total—35. More than two-thirds having voted in the affirmative the Acting President declared the rules suspended. H. 338 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu. Bivens, Brassey, Brown AYES Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells —
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worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS None. Total—35. Whereupon the Acting President declared the bill —
passed. Title was approved and the bill ordered returned to thc House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering witI the immediate passage of H. 340 be suspended; thai the portions of Section 15 Article 3 of the Constitutior of the State of Idaho requiring all bills to be read or three several days be dispensed with, this being a cas of urgency, and that H. 340 be read the first time by title second time by title, and third time at length, section b section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?’ Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown Budge, Chase, Cobbs, Crookham, Crutcher, Egoert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High Kidwell, Klein, Manley, Manning Miller, Mitchell, Mix Murphy, Peavey, Rigby, Saxvik, olberg, Steen, Stoicheff Summers, Swenson. Williams, Yarbrough. Total—35. NAYS—None. Total—35. More than two-thirds having voted in the afflrmativ the Acting President declared the rules suspended.
284
SENATE JOURNAL
H. 340 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase Cobbs, Crookham, Crutcher, Eghert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None, Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 320 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that H. 320 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), 1lsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. More than two—thirds having voted in the affirmative the Acting President declared the rules suspended. H. 320 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase Cobbs, Crookham, Crutcher, Egbert, Ells ivorth (20), llsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Rurphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to :1w House. Motion to Suspend Rules ‘Ir. President: I move that all rules of the Senate interfering with the mrnediate passage of H. 316 be suspended; that the por ;ions of Section 15 Article 3 of the Constitution of the itate of Idaho requiring all bills to be read on three sev ral days be dispensed with, this being a case of urgency, md that H. 316 be read the first time by title, second time
March ‘9
by title, and third time at length, section by section, an be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff Summers, Swenson, Williams, Yarbrough. Total—35. NAYS None. Total—35, More than two-thirds having voted in the affirmative tin Acting President declared the rules suspended. H. 316 was read the first time by title, second time bJ title and the third time at length, section by section an( placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff Summers, Swenson, Williams, Yarbrough. Total—35. NAYS None. Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned tc the House. Motion to Suspend Rules Mi’. President: I move that all rules of the Senate interfering with the immediate passage of H. 339 be suspended; that the por tions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three sev eral days be dispensed with, this being a case of urgency, and that II. 339 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Eghert, Ells worth (20). Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS None. Total—35. More than two-thirds having voted in the affirmative the Acting President declared the rules suspended. II. 339 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, —
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March 19
SENATE JOURNAL
udge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells rortli (20), Ellsworth (30), Evans, Fredericksen, High, idwell, Klein, Manley, Manning, Miller, Mitchell, Mix, lurphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, ummers, Swenson, Williams, Yarbrough. Total—35. NAYS None. Total—35. Whereupon the Acting President declared the bill assed. Title was approved and the bill ordered returned to he House. Motion to Suspend Rules 4r. President: I move that all rules of the Senate interfering with the inmediate passage of H. 324 be suspended; that the por ions of Section 15 Article 3 of the Constitution of the tate of Idaho requiring all bills to be read on three 5evral days be dispensed with, this being a case of urgency, nd that H. 324 be read the first time by title, second time y title, and third time at length, section by section, and e put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” —
Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES udge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells vorth (20), Ellsworth (30), Evans, Fredericksen, High, idwell, Klein, Manley, Manning, Miller, Mitchell, Mix, 4urphy, Peavey, Rigby. Saxvik, Solberg, Steen, Stoicheff, ummers, Swenson, Williams, Yarbrough. Total—35. None. NAYS Total—35. —
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More than two-thirds having voted in the affirmative he Acting President declared the rules suspended. H. 324 was read the first time by title, second time y title and the third time at length, section by section Lud placed before the Senate for final consideration, the [uestiou being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, 3udge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells vorth (20), Ellsworth (30), Evans, Fredericksen, High, Cidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, durphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, ummers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. Whereupon the Acting President declared the bill assed. Title was approved and the bill ordered returned to ;he House. Motion to Suspend Rules 4r. President: I move that all rules of the Senate interfering with he immediate passage of H. 342 be suspended; that he portions of Section 15 Article 3 of the Constitution f the State of Idaho requiring all bills to be read on ;hree several days be dispensed with, this being a case f urgency, and that H. 342 be read the first time by title, ;econd time by title, and third time at length, section by ection, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?”
286
Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. More than two-thirds having voted in the affirmative the Acting President declared the rules suspended. H. 342 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Bilyeu Brassey, Cobbs, Crookham, Crutcher, Evans, High, Kdwell, Manning, Mitchell, Mix, Saxvik, Summers. Total—13. NAYS—Allen, Barker, Bivens, Brown, Budge, Chase, Egbert, Ellsworth (20), Ellsworth (30), Fredericksen, Klein, Manley, Murphy, Peavey, Rigby, Solberg, Steen, Stoicheff, Swenson, Williams, Yarbrough. Total—21. Absent and excused—Miller. Total—i. Total—35. Whereupon the Acting President declared the bill lost and ordered it returned to the House. Senator Murphy, having voted on the prevailing side by which H. 342 lost in the Senate, served notice that he may on this or the next legislative day move for recon sideration of the vote. The Acting President ordered H. 342 held at the desk. The President returned to the Chair. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 343 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that H. 343 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Fgbert, Illsworth (20) Ellsworth (30), Evans, Fredericksen, High, Kidwell, Kfein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS-None. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. H. 343 was read the first time by title, second time by title and third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES Budge, Chase, Cobbs, CroOkham, Crutcher, Egbert, Ells —
286
SENATE JOURNAL
worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. None. NAYS Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 345 be suspended; that the por tions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three sev eral days be dispensed with, this being a case of urgency, and that H. 345 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYE S Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS None. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. H. 345 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brown, Budge, Cobbs, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Man ning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Sax vik, Solberg, Steen, Summers, Swenson, Williams, Yar brough, Total—31. NAYS Chase, Stoicheff. Total—2. Absent and excused Brassey, Crookham. Total—2. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. Senator Yarbrough, having previously served notice, moved that the vote by which II. 342 lost in the Senate, be now reconsidered. Seconded by Senator Peavey. Call of the Senate was requested by Senators Summers, Kidwell and Mix. Whereupon the President ordered the doorkeepers to lock the doors permitting no Senators or the President to leave or enter the Senate Chambers except the Sergeantat-Arms with the absent members. Roll call showed Senators’ Brassey, Klein and Manley, absent. On request by Senator Kidwell, the Call of the Senate was lifted. —
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March 19.
On request by Senator Kidwell, granted by unanimou consent, the Sergeant-at-Arms was directed to locat Senator Brassey and escort him to the Senate Chamber On request by Senator Kidwell, granted by unanimou consent, Senator Yarbrough, with the consent of hi second, withdrew his motion. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with th immediate passage of H. 346 be suspended; that the por tions of Section 15 Article 3 of the Constitution of th State of Idaho requiring, all bills to be read on three sev eral days be dispensed with, this being a case of urgency and that H. 346 be read the first time by title, second tim by title, and third time at length, section by section, ani be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Elisworth (30), Evans Fredericksen, High Kidwell, Klein, Manley, Manning, Willer, Mitchell, Mhc Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoichefi Summers, Swenson, Williams, Yarbrough. Total—35. NAYS None. Total—35. More than two-thirds having voted in the affirmativi the President declared the rules suspended. H. 346 was read the first time by title, second tim by title and the third time at length, section by sectioi and placed before the Senate for final consideration, th question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Mien, Barker, Bilyeu, Bivens, Brassey, Brown Budge, Chase, Cobbs, Crookham, Crutcher, Eghert, Ells worth (20), Ellsworth (30), Evans. Fredericksen, High Kidwell, Klein, Manley,’ Manning, Miller, Mitchell, Mix Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff Summers, Swenson, Williams, Yarbrough. Totai—85. NAYS—None. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned tc the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering witi the immediate passage of H. 347 be suspended; that th portions of Section 15 Article 3 of the Constitution ol the State of Idaho requiring all bills to be read on thre several days be dispensed with, this being a case oi urgency, and that H. 347 be read the first time by title, second time by title, and third time at length, section b3 section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcler, Egbert, Ells worth (2.0) Ellsworth (30), Evans, Fredericksen, High Kidwell, Kfein, Manley, Manning, Miller, Mitchell, Mix Murphy, Peavey, Rigby, Saxvik Solberg, Steen, Stoicheff Summers, Swenson, Williams, ‘Yarbrough. Total—35, —
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Iarch 19
SENATE JOURNAL
NAYS—None. Total—S5. More than two-thirds having voted in the affirmative e President declared the rules suspended. H. 347 was read the first time by title, second time title and the third time at length, section by section id placed before the Senate for final consideration, the iestion being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker Bilyeu, Bivens Brassey, Brown, udge, Chase, Cobbs, drookham, Crutcher, Eghert, Ells orth (20) Ellsworth (30), Evans Fredericksen, High, idwell, Kfein, Manley, Manning, v1iller, Mitchell, Mix, urphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, ummers, Swenson, Williams, Yarbrough. Total—35. NAYS-None. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to e House. Motion to Suspend Rules [r. President: I move that all rules of the Senate interfering with ie immediate passage of H. 348 be suspended; that ie portions of Section 15 Article 3 of the Constitution the State of Idaho requiring all bills to be read on iree several days be dispensed with, this being a case f urgency, and that II. 348 be read the first time by title. cond time by title, and third time at length, section by ction, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES-Allen, Barker Bilyeu, Bivens, Brassey, Brown, udge, Chase, Cobbs, drookham, Crutcher, Egbert, Ells orth (20) Ellsworth (30), Evans, Fredericksen, High, :idwell, Kfein, Manley, Manning, Miller, Mitchell, Mix, [urphy, Peavey, Rigby, Saxvik Solberg, Steen, Stoicheff, ummers, Swenson, Williams, Zyarbrough. Total—35. NAYS—None. Total—35. More than two-thirds having voted in the affirmative ie President declared the rules suspended. II. 348 was read the first time by title, second time by tle and the third time at length, section by section and laced before the Senate for final consideration, the uestion being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, udge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells orth (20) Ellsworth (30), Evans, Fredericksen High, idwell, Klein, Manley, Manning, Miller, Mitchell, Mix, [urphy, Peavey, Rigby Saxvik, Solberg, Steen, Stoicheff, ummers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to ie House. Motion to Suspend Rules Ir. President: I move that all rules of the Senate interfering with the nmediate passage of II. 349 be suspended; that the For-
287
tions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three sev eral days be dispensed with, this being a case of urgency, and that H. 349 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Crutcher. The question beingS “Shall the rules be suspended?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS None. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. H. 349 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brown, Cobbs, Egbert, Ellsworth (20), Ellsworth (30), Evans, Frederick sen, High, Kidwell, Manley, Manning, Mitchell, Mix, Peavey, Rigby, Solberg, Steen Yarbrough. Total—22. NAYS Budge, Chase, Crutcher, Miller, Murphy, Stoicheff, Summers, Swenson. Total—8. Absent and excused Brassey, Crookham, Klein, Sax vik,, Williams. Total—S. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the hmnediate passage of H. 321 be suspended; that the por tions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three sev eral days be dispensed with, this being a case of urgency, and that H. 321 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” —
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Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheft, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS None. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. H. 321 was read the first time by title, second time by title and the third time at length, section by section and —
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placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS None. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 350 be suspended; that the por tions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three sev eral days be dispensed with, this being a case of urgency, and that H. 350 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES Budge, Chase, Cobbs, Crookham, Crtucher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson. Williams, Yarbrough. Total—35. NAYS None. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. H. 350 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resu1ted as follows: AYES—Allen, Barker Bilyeu, Bivens, Brassey, Brown, Budge, Chase Cobbs, drookham, Crutcher, Egbert, Ells worth (20) llsworth (30), Evans, Fredericksen, High, Kidwell, Kl’ein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. Senator Yarbrough, having previously served notice, moved that the vote by which H. 342 lost in the Senate, be now reconsidered. Seconded by Senator Peavey. Roll call vote was requested by Senators Evans, Man ning and Mix. Call of the Senate was requested by Senators Budge, Bivens and Yarbrough. Whereupon the President ordered the doorkeepers to lock the doors permitting no Senators or the President —
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to leave or enter the Senate Chambers except the Ser geant-at-Arms with the absent members. Roll call showed all members present. On request by Senator Yarbrough, the Call of th Senate was lifted. The question being, “Shall the Senate reconsider th vote by which H. 342 failed to pass?” Roll call resulted as follows: AYES—Bilyeu, Brassey, Cobbs, Crookham, Crutcher Egbert, Evans, Fredericksen7 Kidwell, Manning, Millei Mitchell, Mix, Murphy, Saxvik, Summers. Total—16. NAYS—Allen, Barker, Bivens, Brown, Budge, Chase Ellsworth (20), Ellsworth (30), High, Manley, Peavey Rigby, Solberg, Steen, Stoicheff, Swenson, Williams, Yar brough. Total—18. Absent and excused—Klein. Total—i. Total—35. Whereupon the President declared the motion lost am ordered the bill returned to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering witi the immediate passage of H. 351 be suspended; tha the portions of Section 15 Article 3 of the Consitutio: of the State of Idaho requiring all bills to be read oi three several days be dispensed with, this being a can of urgency, and that H. 351 be read the first time by title second time by title, and third time at length, section 5; section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?’ Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown Budge, Chase, Cohbs, Crookham, Crutcher, Egbert, Ells worth (20) Ellsworth (30), Evans, Fredericksen, High Kidwell, Kfein, Manley, Manning, Miller, Mitchell, Mix Murphy, Peavey, Rigby, Saxvik, Solberg, Steen. Stoicheff Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. More than two-thirds having voted in the affirmativi thern President declared the rules suspended. II. 351 was read the first time by title, second timE by title and the third time at length, section by sectioi and placed before the Senate for final consideration, thE question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown Budge, Chase, Cohbs, Crookham, Crutcher, Egbert, Ells worth (20) Eflsworth (30), Evans, Fredericksen, High Kidwell, Kfein, Manley, Manning, Miller, Mitchell, Mix Murphy, Peavey, Rigby, Saxvik Solberg, Steen, Stoicheff Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned tc the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with thE immediate passage of H. 352 be suspended; that the por tions of Section 15 Article 3 of the Constitution of thE State of Idaho requiring all bills to be read on three sev
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[March 19
ral days be dispensed with, this being a case of urgency, and that H. 352 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being. “Shall the rules be suspended?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20). Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. None. NAYS Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. H. 352 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” —
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Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. None. NAYS Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 353 be suspended; that the por tions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three sev eral days be dispensed with, this being a case of urgency, and that H. 353 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, olberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. None. NAYS Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. H. 353 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: —
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Barker, Bivens, Brassey, Brown, Cobbs, Eg AYES bert, Fredericksen, Kidwell, Rigby, Solberg, Steen, Sum mers, Swenson. Total—13. NAYS Allen, Bilyeu, Budge, Chase, Crookham, Crut cher, Ellsworth (20), Ellsworth (30), Evans, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Saxvik Stoicheff, Williams. Total—19. Absent and excused—High, Klein, Yarbrough. Total—3 Total—35. Whereupon the President declared the bill lost an ordered it returned to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with thc immediate passage of S. 1210, as amended in the House be suspended; that the portions of Section 15 Article 3 ol the Constitution of the State of Idaho requiring all billi to be read on three several days be dispensed with, thh being a case of urgency, and that S. 1210, as amended it the House, be read the first time by title, second time b3 title, and third time at length, section by section, and bE put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff Summers, Swenson, Williams, Yarbrough. Total—35. NAYS None. Total—35. More than two-thirds having voted in the affirmativ the President declared the rules suspended. S. 1210, as amended in the House, was read the firs time by title, second time by title and the third time al length, section by section and placed before the Senat for final consideration, the question being, “Shall th bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20) Ellsworth (30), Evans, Fredericksen High Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix Murphy, Peavey, Rigby, Saxvik Solberg, Steen, Stoicheff Summers, Swenson, Williams, ‘Yarbrough. Total—35. NAYS—None. Total—35. Whereupon the President declared the bill passed an ordered the bill referred to the Judiciary and Rules Com mittee for enrolling. Motion to Suspend Rules —
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Mr. President: I move that all rules of the Senate interfering wit] the immediate passage of S. 1185, as amended in th House, be suspended; that the portions of Section b Article 8 of the Constitution of the State of Idaho re quiring all bills to be read on three several days be dis pensed with, this being a case of urgency, and that S. 1181 as amended in the House, be read the first time by titlE second time by title, and third time at length, section b: section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher.
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The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwefi, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. S. 1185, as amended in the House, was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), llsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. Whereupon the President declared the bill passed and ordered the bill referred to the Judiciary and Rules Com mittee for enrolling. On request by Senator Kidwell, granted by unanimous consent, the Senate returned to the Eleventh Order of Business. Introduction, First Reading and Reference of Bills 5. 1294 By FINANCE COMMITTEE AN ACT Appropriating moneys from the funds enumerated to the Department of Education and prescribing major pro grams and expenditure classifications of the appropriation for the period July 1, 1971 through June 30, 1972. S. 1295 By FINANCE COMMITTEE AN ACT Appropriating moneys out of the fund enumerated to the Idaho Agricultural Labor Board and prescribing a major program for the appropriation for the period July 1, 1971 through June 30, 1972. S. 1294 and S. 1295 were introduced, read the first time at length and referred to the Judiciary and Rules Com mittee for printing. Senator Kidwell requested unanimous consent, the Sen ate return to the Sixth Order of Business. Senator Brown objected. Senator Kidwell moved, that the Senate return to the Sixth Order of Business. Seconded by Senator Bivens. The question being, “Shall the Senate return to the Sixth Order of Business?” Roll call resulted as follows: AYES—Allen, Barker, Bivens, Budge, Chase, Cobbs, Crookham, Crutcher, Ellsworth (20), Ellsworth (30), Evans Fredericksen, High, Kidwell, Manning, Mitchell, Mix, kurphy, Peavey, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—27, NAYS—Brassey, Brown, Manley. Total—3.
March 19
Absent and excused Bilyeu, Egbert, Klein, Miller Rigby. Total—5. Total—35. More than two-thirds having voted in the affirmative the President declared the motion passed and the Senat returned to the Sixth Order of Business. Reports of Standing Committees March 19, 1971. The JUDICIARY AND RULES Committee reports tha S. 1294 and S. 1295 have been correctly printed. KLEIN, Chairman. On request by Senator Kidwell, S. 1294 and S. 1295 wer filed for second reading. On request by Senator Kidwell, granted by unanimou consent, the Senate returned to the Fourth Order 0: Business. Reading of Communications HOUSE OF REPRESENTATIVES State of Idaho Capitol Building BOISE March 19, 1971 The Honorable Jack M. Murphy Lt. Governor Senate Building Mail Dear Lt. Governor Murphy: I have the honor to advise you that the House of Rep. resentatives has refused to concur in the Senate amend ments to H. B. 309. Pursuant to Joint Rule 10, the Hous requests that the Senate appoint a conference committe of three members to meet with a similar committee fron the House of Representatives. The members of the con ference committee from the House of Representatives are Representative Allan F. Larsen, Representative Jame H. Elgin, and Representative Karl F. Koch. Sincerely, Is! WM. J. LANTING Speaker Pursuant to Joint Rule 10, the President appointed conference committee, consisting of Senators Brown Stoicheff and Summers, to meet with the similar com mittee from the House for consideration of the Senat amendments to H. 309, in which the House failed tc concur. The President announced that formal notice of th Senate’s conference committee would be served upon th House of Representatives. On request by Senator Kidwell, granted by unanimou consent, the Senate advanced to the Ninth Order of Busi ness. Messages from the House March 19, 1971. Mr. President: I transmit herewith H. 82, as amended, and return here with 5. 1273, S. 1274, S. 1246, S. 1255 and S. 1119, a amended, which have passed the House. FITZWATER, Chief Clerk. H. 82, as amended, was filed for first reading. S. 1273, S. 1274, S. 1246, S. 1255 and S. 1119, as amend ed, were referred to the Judiciary and Rules Committee for enrolling. March 19, 1971. Mr. President: I transmit herewith H. 313, H. 354, H. 355, H. 357, —
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[. 359, H. 356, H. 358, H. 361, H.J.R. 34, ll.C.R. 32 and [.362 which have passed the House. FITZWATER, Chief Clerk. H. 313. H. 354, H. 355, H. 357, H. 358, H. 359, H. 356, 1. 361, H.J.R. 34 and H. 362 were filed for first reading. H.C.R. 32 was referred to the Tenth Order of Business, lotions and Resolutions. March 19, 1971. Er. President: I return herewith S. 1090 which has failed to pass the rouse. FITZWATER, Chief Clerk. S. 1090 was ordered filed in the office of the Secretary f the Senate. March 19, 1971. fr. President: I transmit herewith Enrolled H.C.R. 7, H.C.R. 17 and I.C.R. 26 which have been signed by the the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign Enrolled I.C.R. 7, H.C.R. 17 and H.C.R. 26, and when so signed rdered them returned to the House. March 19, 1971. fr. President: I return herewith Enrolled S. 1064, as amended, S. 1146, L 1177, as amended, S. 1182, S. 1189, as amended, S. 1193, s amended, S. 1195, S. 1204, S. 1207, S. 1211, S. 1165, L 1212, S. 1213, S. 1226, S. 1227, S. 1230, S. 1223 and L 1254 which have been signed by the Speaker. FITZWATER, Chief Clerk. nrolled S. 1064, as amended, S. 1146, 5. 1177, as amend d, S. 1182, S. 1189, as amended, S. 1193, as amended, L 1195, S. 1204, S. 1207, S. 1211, S. 1165, S. 1212, S. 1213, L 1226, 5. 1227, S. 1230, S. 1223 and S. 1254 were refer ed to the Judiciary and Rules Committee for transmittal o the Governor. On request by Senator Kidwell, granted by unanimous, onsent, the Senate advanced to the Eleventh Order of usiness. Introductkm, First Reading and Reference of Bills H. 82, as amended, by Onweiler, was introduced and ead the first time at length. Senator Brown requested unanimous consent that H. 82, s amended, be referred to the Local Government and axation Committee. Senator Kidwell objected. On motion by Senator Brown, seconded by Senator ‘redericksen, H. 82, as amended, was referred to the ocal Government and Taxation Committee. H. 313, H. 354, H. 355, H. 357, H. 358, H. 359. II. 356, 1. 361 and H. 362, by Appropriations Committee, were ntroduced and read the first time. H.J.R. 34, by Ways and Means Committee, was intro Luced and read the first time. On request by Senator Kidwell, granted by unanimous onsent, H. 313, H. 354, H. 355, II. 357, H. 35$, H. 359, 1. 356, H. 361, H. 362 and H.J.R. 34 were referred to the [‘welfth Order of Business, Second Reading of Bills. Motions and Resolutions The following resolution was read at length by the ecretary:
H.C.R. 32 By WAYS AND MEANS COMMITEE A CONCURRENT RESOLUTION Directing the Legislative Council to conduct a study and review of the laws of the state of Idaho and the policies of the state executive departments relating to game management.
Be It Resolved by the Legislature of the State of Idaho: WHEREAS, the Legislative Council is the research arm of the Idaho Legislature; and WHEREAS, the wild game of the state of Idaho con stitutes a substantial asset of all the people of this state; and WHEREAS, the proper management and control there of is of paramount importance to this state. NOW, THEREFORE, BE IT RESOLVED by the First Regular Session of the Forty-first Idaho Legislature, the House of Representatives and the Senate concurring there in, that the Legislative Council is hereby directed to con duct a study and review of the laws of the state of Idaho and the policies of the executive departments of the state of Idaho relating to game management. BE IT FURTHER RESOLVED that the study directed hereby shall fully disclose all matters relating to the subject matter of such study so that the legislature may be fully informed as to present laws and policies relating to game management, and to further determine whether such policies and laws protect the legitimate interest of all people of this state. BE IT FURTHER RESOLVED that such study and report shall contain such recommendations of the Legisla tive Council as shall best promote the welfare of the peo pie of this state. The study and report directed herein shall be submitted to the members of the Forty-second Idaho Legislature not later than December 1, 1972 in order that the recommendations contained therein may be the subject of appropriate legislative action by the First Regular Session of the Forty-second Legislature. H.C.R. 32 was ordered held at the desk for two legis lative days. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Twelfth Order of Business.
Second Reading of Bills Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 362 be suspended; that the por tions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three sev eral days be dispensed with, this being a case of urgency, and that H. 362 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, olberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS None. Total—35. —
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More than two-thirds having voted in the affirmative the President declared the rules suspended. 11. 362 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bivens, Chase, Crutcher, Eg AYES bert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Peavey, Rigby, Steen, Williams, Yarbrough. Total —16. Bilyeu, Brassey, Budge, Crookham, Kidwell, NAYS Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Saxvik, Solberg, Swenson. Total—15. Brown, Cobbs, Stoicheff, Sum Absent and excused mers. Total—4. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. Motiou to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1294 be suspended; that the por tions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three sev eral days be dispensed with, this being a case of urgency, and that S. 1294 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS None. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. S. 1294 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. None. NAYS Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 313 be suspended; that the —
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portions of Section 15 Article 3 of the Constitution of ti State of Idaho requiring all bills to be read on three se eral days be dispensed with, this being a case of urgenc and that H. 313 be read the first time by title, second tis by title, and third time at length, section by section, xi be put upon its final passage, Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brow Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ell worth (20), Ellsworth (30), Evans, Fredericksen, Rig Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mi Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoiche Summers, Swenson, Williams, Yarbrough. Total—35. NAYS None. Total—35. More than two-thirds having voted in the affirmati the President declared the rules suspended. H. 313 was read the first time by title, second time 1 title and the third time at length, section by section xi placed before the Senate for final consideration, the que tion being, “Shall the bill pass?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brow Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, ElI worth (20), Ellsworth (30), Evans, Fredericksen, Rig Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mi Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoiche: Summers, Swenson, Williams, Yarbrough. Total—35. NAYS None, Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with t] immediate passage of H. 354 be suspended; that the po tions of Section 15 Article 3 of the Constitution of ti State of Idaho requiring all bills to be read on three se eral days be dispensed with, this being a case of urgenc and that H. 354 be read the first time by title, second tin by title, and third time at length, section by section, ar be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brow: Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, ElI worth (20), Ellsworth (30), Evans, Fredericksen, Rig Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mi Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoich& Summers, Swenson, Williams, Yarbrough. Total—35. NAYS None. Total—35. More than two-thirds having voted in the affirmative ti President declared the rules suspended. The President called Senator Bivens to the Chair. II. 354 was read the first time by title, second tini by title and the third time at length, section by sectio and placed before the Senate for final consideration, ti question being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES—Allen, Barker, Bivens, Brassey, Budge, Chase, bbs, Crooltham, Crutcher, Eghert, Ellsworth (30), vans, Fredericksen, High, Kidwell, Klein Manley, liller, Mitchell, Mix, Murphy, Peavey, Rigby, Sax k, Solberg, Steen, Swenson, Williams, Yarbrough. Total -29. NAYS—Bilyeu. Total—i. Absent and excused—Brown, Ellsworth (20), Manning, :oicheff, Summers. Total—5. Total—35. Whereupon the Acting President declared the bill ssed. Title was approved and the bill ordered returned to ie House. Motion to Suspend Rules :r. President: I move that all rules of the Senate interfering with .e immediate passage of H. 355 be suspended; that e portions of Section 15 Article 3 of the Constitution of e State of Idaho requiring all bills to be read on three :veral days be dispensed with, this being a case of gency, and that H. 355 be read the first time by title, cond time by title, and third time at length, section by etion, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, udge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells orth (20) Ellsworth (30), Evans, Fredericksen, High, idwell, Klein, Manley, Manning, Miller, Mitchell, Mix, :urphy, Peavey, Righy, Saxvik, Solberg, Steen, Stoicheff, immers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. More than two-thirds having voted in the affirmative ie Acting President declared the rules suspended. H. 355 was read the first time by title, second time title and the third time at length, section by section id placed before the Senate for final consideration, the iestion being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, udge, Chase, Cobbs, Crookham, Crutcher, Eghert, Ells orth (20) Ellsworth (30), Evans, Fredericksen, High, .idwell, Kfein, Manley, Manning, Miller, Mitchell, Mix, :urphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, ummers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. Whereupon the Acting President declared the bill assed. Title was approved and the bill ordered returned to ie House. Motion to Suspend Rules Er. President: I move that all rules of the Senate interfering with ie immediate passage of H. 357 be suspended; that ie portions of Section 15 Article 3 of the Constitution of ie State of Idaho requiring all bills to be read on three weral days be dispensed with, this being a case of rgency, and that H. 357 be read the first time by title, cond time by title, and third time at length, section by action, and be put upon its final passage.
Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown. Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. More than two-thirds having voted in the affirmative the Acting President declared the rules suspended. H. 357 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass ?“ Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik. Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. None. NAYS Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 358 be suspended; that the por tions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three sev eral days be dispensed with, this being a case of urgency, and that H. 358 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, fgbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik. Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS None. Total—35. More than two-thirds having voted in the affirmative the Acting President declared the rules suspended. H. 358 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” —
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Roll call resulted as follows: Allen, Barker, Bilyeu, Bivens, Brassey, Brown, AYES Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, —
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Murphy, Peavey, Rigby, Saxvik. Solberg, Steen, Stoicheff, Summers, Swenson, Williams, YarbTough. Total—35. None. NAYS Total—35. Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. Moved by Senator Manning, seconded by Senator Bilyeu, that Rule 14-F and any other rules preventing the report ing out immediately of H. 82, as amended, to the Twelfth Order of Business, Second Reading of Bills, be suspended. Roll call vote was requested by Senators Kidwell, Evans and Bivens. Call of the Senate was requested by Senators Fred ericksen, Mix and Evans. Whereupon the President ordered the doorkeepers to lock the doors permitting no Senator or the President to leave or enter the Senate Chamber. The Sergeant-at-Arms was instructed to find and present any absent members to the Senate. Roll call showed Senators Brown, Chase, Peavey, Stol cheff and Summers absent. The Sergeant-at-Arms reported that all members were now present in the Senate Chamber. On request by President Pro-Tempore Fllsworth, grant ed by unanimous consent, the Call of the Senate was lifted. The question being, “Shall Rule 14-E and any other rules preventing the reporting out limnediately of H. 82, as amended, to the Twelfth Order of Business, Second Read ing of Bills, be suspended?” “Shall the motion pass?” —
Roll call resulted as follows: AYES Bilyeu, Brassey, Cobbs, Crookham, High, Kidwell, Klein, Manning, Miller, Mitchell, Mix, Murphy, Sax vik, Stoicheff, Summers. Total—15. NAYS Allen, Barker, Bivens, Brown, Budge, Chase, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, Manley, Peavey, Rigby, Solberg, Steen, Swenson, Williams, Yarbrough. Total—20. Total—35. Less than two-thirds having voted in the affirmative, the Acting President declared the motion lost. —
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Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 359 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that U. 359 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None.
March 19
Total—35. More than two-thirds having voted in the affirmativ the Acting President declared the rules suspended. II. 359 was read the first time by title, second time 5 title and the third time at length, section by section an placed before the Senate for final consideration, the quei tion being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Browr Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, Rig) Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mb Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoichell Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. Whereupon the Acting President declared the bi] passed. Title was approved and the bill ordered returned t the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering wit the immediate passage of H. 356 be suspended; tha the portions of Section 15 Article 3 of the Constitutio of the State of Idaho requiring all bills to be read o three several days be dispensed with, this being a cas of urgency, and that H. 356 be read the first time by tith second time by title, and third time at length, section b. section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended? Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Browr Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Elli worth (20), Ellsworth (30), Evans, Fredericksen, Rig) Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mb Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoichefi Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. More than two-thirds having voted in the affirmativ the Acting President declared the rules suspended. H. 356 was read the first time by title, second tim by title and the third time at length, section by sectio and placed before the Senate for final consideration, th question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Browr Budge, Chase, Cohbs, Crookham, Crutcher, Eghert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, Rig) Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mb Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoichefi Summers, Swenson, Williams, Yarbrough. Total—35. NAYS-None. Total—35. Whereupon the Acting President declared the bi] passed. Title was approved and the bill ordered returned t the Rouse. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering wit; the immediate passage of II. 361 be suspended; tha
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March 20
he portions of Section 15 Article 3 of the Constitution f the State of Idaho requiring all bills to be read on hree several days be dispensed with, this being a case f urgency, and that H. 361 be read the first time by title, econd time by title, and third time at length, section by ection, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Allen, Barker, Bilyeu, Bivens, Brassey, Brown, udge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ells vorth (20) Ellsworth (30), Evans, Fredericksen, High, Cidwell, Kiein, Manley, Manning, Miller, Mitchell, Mix, thirphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, ;ummers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. More than two-thirds having voted in the affirmative he Acting President declared the rules suspended. H. 361 was read the first time by title, second time by itle and the third time at length, section by section and )laced before the Senate for final consideration, the ques ion being, “Shall the bill pass?” Roll call resulted as follows: AYES Barker, Bilyeu, Bivens, Brassey, Chase, Cobbs, rookham, Crutcher, Ellsworth (20), Evans. Frederickten, High, Kidwell, Manley. Manning, Mitchell, Mix, Sax rik, Summers, Yarbrough. Total—20. Allen, Brown, Budge. Egbert, Ellsworth (30), NAYS ‘Iiller, Murphy, Rigby, Steen, Stoicheff, Swenson, Wil jams. Total—12. Klein, Peavey, Solberg. Total—3. Absent and excused Total—35. Whereupon the Acting President dec1ared the bill )assed. Title was approved and the bill ordered returned to he House. On request by Senator Kidwell, granted by unanimous onsent, the Senate advanced to the Fifteenth Order of 3usiness. Miscellaneous Business On motion by Senator Kidwell, seconded by Senator vans, the Senate adjourned until 9:30 o’clock n.m., saturday, March 20, 1971. DAVID BIVENS, Acting President. ttest: ARTHUR WILSON, Secretary. —
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places. We thank Thee even for days of work and deci sion. As the toiling hours of another day are upon us, we come with bowed and reverent hearts, asking that our attitudes toward each other and toward all men may become avenues of purity, goodness, brotherhood and peace. Forgive our foolish, feverish ways, our petulant im patience, our lack of perspective. May we listen not to what the hour, with all its din and clamor, is saying, but to the more potent voice of the long years. We pray great wisdom, enduring strength for the ac tivities of today. Do bless each person involved in the government of our State and Nation. Watch over our President, our Governor, these Senators, the Lt. Governor and their families. In Christ’s Name, Amen. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Saturday March 13, Monday, March 15, Tuesday, March 16, Wednesday, March 17, Thursday, March 18 and Friday, March 19, 1971 was read and approved as corrected, KLEIN, Chairman. Report adopted. Reports of Standing Committees March 19, 1971. The JUDICIARY AND RULES Committee reports that
S.C.R. 111, S.C.R. 114 and S.C.R. 115 were delivered to the Secretary of State at 10:45 o’clock n.m., on March 19, 1971. KLEIN,
Chairman. The report was ordered filed in the office of the Secre tary of the Senate.
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SIXTY-NINTH LEGISLATIVE DAY SATURDAY, MARCH 20, 1971 Senate Chamber, Boise, Idaho, March 20, 1971. President Murphy called the Senate to order at 9:30 )‘clock n.m. Roll call showed all members present except Senator &llen, excused. The following prayer was offered by Chaplain Newell torgan: Our Lord and God, Thou hast cast our lot in pleasant
March 19, 1971.
The JUDICIARY AND RULES Committee reports that Enrolled S. 1051, as amended in the House, S. 1059, S. 1144, S. 1179, S. 1196, S. 1209, S. 1214, S. 1215, S. 1216,
S. 1217, S. 1224, S. 1228, S. 1229, S. 1231, S. 1232, S. 1233, 5. 1234, S. 1235, S. 1240, S. 1242 and S. 1243 were de livered to the Governor at 10:42 o’clock a.m,, on March
19, 1971.
KLEIN, Chairman. The report was ordered filed in the office of the Secre tary of the Senate. March 19, 1971.
The JUDICIARY AND RULES Committee reports that S. 1054, as amended in the House, S. 1142, as amended, S. 1172, S. 1184, S. 1239, S. 1245, S. 1250, S. 1251, S. 1252 and S.J.M. 110 have been correctly enrolled. KLEIN, Chairman. The President announced he was about to sign Enrolled S. 1054, as amended in the House, S. 1142, as amended, S. 1172, 8. 1184, 5. 1239, S. 1245, S. 1250, S. 1251, S. 1252 and S.J.M. 110, and, when so signed, ordered them trans mitted to the House for the signature of the Speaker. Messages from the Governor
STATE OF IDAHO Office of the Governor BOISE
March 20, 1971 The Honorable Jack Murphy President of the Senate Senate Chambers BUILDING
Dear Mr. President: I have the honor to inform you that I have this day
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approved and am transmitting to the Secretary of State the following Senate Bill, to-wit: SENATE BILL 1078 as amended, as amended in the House. Sincerely, Is! CECIL D. ANDRUS Governor The message was ordered filed in the office of the Sec retary of the Senate. Messages
from the House
March 19, 1971. Mr. President: I transmit herewith: H.C.R. 33 and H.C.R. 34 which have passed the House. FITZWATER, Chief Clerk. H.C.R. 33 and H.C,R. 34 were referred to the Tenth Order of Business, Motions and Resolutions. March 19, 1971. Mr. President: I transmit herewith Enrolled H. 303, as amended in the Senate, which has been signed by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign En rolled II. 303, as amended in the Senate, and, when so signed, ordered it returned to the House. March 19, 1971. Mr. President: I return herewith: S. 1269, S. 1267, S. 1265, S.C.R. 118, S.C.R. 117, S.C.R. 116, S. 1282, S. 1271, S. 1291, S. 1290, S. 1283, S 1275, S. 1286, 5. 1287, S. 1280, S. 1284, 5. 1285 and S. 1281, which have passed the House. FITZWATER, Chief Clerk. S. 1269, S. 1267, S. 1265, S.C.R. 118, S.C.R. 117, S.C.R. 116, 5. 1282, S. 1271, S. 1291, S. 1290, S. 1283, S. 1275, S. 1286, S. 1287, S. 1280, S. 1284, S. 1285 and S. 1281 were referred to the Judiciary and Rules Committee for inrolling. Motions and Resolutions The following resolutions were read at length by the Secretary: H.C.R. 33 By APPROPRIATIONS COMMITTEE A CONCURRENT RESOLUTION Authorizing the Speaker of the House of Representa lives and the President of the Senate to allocate moneys or the use of the Legislative Council out of the Legis Lative Fund. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, the legislature has authorized and directed Ihat the Legislative Council shall undertake and com plete various studies during the interim between sessions rf the legislature; and WHEREAS, the appropriations made by law to the Legislative Council do not include moneys for the payment f legislators’ allowances and travel expenses or con sultant fees or expenses. NOW, THEREFORE, BE IT RESOLVED by the First Regular Session of the Forty-first Idaho Legislature, the Rouse of Representatives and the Senate concurring ;herein, that the Speaker of the Rouse and the President f the Senate be and they are hereby authorized to illocate $34,275 to the Legislative Council out of the Legislative fundS
March 20]
n.C.R. 34 By APPROPRIATIONS COMMITTEE A CONCURRENT RESOLUTION Stating legislative findings and conclusions and au thorizing and directing the Department of Public Works and Permanent Building Fund Advisory Council to adver tise for bids and construct the addition to the Agriculture Science Building at the University of Idaho within the current project funding authorization of $1,967,000. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, the University of Idaho has stated that they have the capability of furnishing the addition to the agriculture science building within their own resources necessary to make it a usable facility within the amount appropriated for the purpose of construction of said facility. NOW, THEREFORE, BE IT RESOLVED by the First Regular Session of the Forty-first Idaho Legislature, the House of Representative and the Senate concurring therein, that the Department of Public Works and the Permanent Building Fund Advisory Council are author ized and directed to advertise for bids and construct the agricultural science building addition authorized and for which $1,967,000 is appropriated; provided, however, that the Permanent Building Fund Advisory Council receives, in writing, assurance from the president of the University of Idaho that the university is capable of making the addition to the agriculture science building a usable facility. H.C.R. 33 and H.C.R. 34 were ordered held at the desk for two legislative days. Moved by Senator Kidwell, seconded by Senator Mix, that all rules of the Senate interfering with the im mediate consideration of n.C.R. 32 be suspended. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brassey Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—33 NAYS—None. Absent and excused—Allen, Solberg. Total—2. Total—35. More than two-thirds having voted in the affirmative, the President declared the rules suspended and n.C.R. 32 was before the Senate for consideration. Moved by Senator Kidwell, seconded by Senator Mix, that H.C.R. 32 be adopted. The question being, “Shall the resolution be adopted?” Roll call resulted as follows: AYES—Barker, Bivens, Chase, Crookham, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Klein, Peavey, Steen, Williams, Yarbrough. Total—15. NAYS—Bilyeu, Brown, Budge, Cobbs, Crutcher, Kidwell, Manley, Manning, Miller, Mitchell, Mix, Murphy, Rigby, Saxvik, Solberg, Stoicheff, Summers, Swenson. Total—18. Absent and excused—Allen, Brassey. Total—2. Total—35. Whereupon the President declared H.C.R. 32 lost and ordered it returned to the House. Moved by Senator Kidwell, seconded by Senator Mur phy, that all rules of the Senate interfering with the immediate consideration of H.C,R. 33 be suspended. The question being, “Shall the motion pass?”
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Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brown, Budge Chase, obbs, Crookham, Crutcher, Egbert, Ellsworth (2ô), Ells vorth (30), Evans, Fredericksen High, Kidwell, Klein, Vlanley, Manning, Miller, Mitchell, Mix, Murphy, Saxvik, olberg, Steen, Stoicheff, Summers, Swenson, Williams, (arbrough. Total—31. NAYS—None. Absent and excused—Allen, Brassey, Peavey, Rigby. Cotal—4. Total—35. More than two-thirds having voted in the affirmative, ;he President declared the rules suspended and H.C.R. 33 vas before the Senate for consideration. Moved by President Pro-Tempore Ellsworth, seconded y Senator Crutcher, that H.C.R. 33 be adopted. The question being, “Shall the resolution be adopted?” Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brown, Budge, Chase, obbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ells vorth (30), Evans, Fredericksen, High, Kidwell, Klein, Ianley, Manning, Miller, Mitchell, Mix, Murphy, Saxvik, olberg, Steen, Stoicheff, Summers, Swenson, Williams, arbrough. Total—31. NAYS—None. Absent and excused—Allen, Brassey, Peavey, Rigby. Total—4. Total—35. Whereupon the President declared H.C.R. 33 adopted, itle was approved and the resolution ordered returned o the House. Moved by Senator Kidwell, seconded by Senator Crutch er, that all rules of the Senate interfering with the im mediate consideration of H.C.R. 34 be suspended. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ells worth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—31. NAYS—None. Absent and excused—Allen, Brassey, Peavey, Rigby. Total—4. Total—35. More than two-thirds having voted in the affirmative, the President declared the rules suspended and H.C.R. 34 was before the Senate for consideration. Moved by Senator Mix, seconded by Senator Bivens, that H.C.R., 34 be adopted. The question being, “Shall the resolution be adopted?” Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ells worth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—33. NAYS—None. Absent and excused—Allen, Brassey. Total—2. Total—35. Whereupon the President declared H.C.R. 34 adopted,
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title was approved and the resolution ordered returned to the House. On request by Senator Kidwell, granted by unanimous consent, H.C.R. 19 was before the Senate for considera tion. Moved by Senator Barker, seconded by Senator Crutch er, that H.C.R. 19 be adopted. The question being, “Shall the resolution be adopted?” Roll call resulted as follows: AYES—Barker, Crutcher, Ellsworth (20), Ellsworth (30), Fredericksen, High, Manley, Righy, Solberg, Wil liams. Total—lO. NAYS—Bilyeu, Bivens Brassey, Brown, Budge, Chase, Cobbs, Evans, Kidwell, 4lanning, Miller, Mitchell, Mix, Murphy, Peavey, Saxvik, Steen, Stoicheff, Summers, Swen son, Yarbrough. Total—21. Absent and excused—Allen, Crookham, Egbert, Klein. Total—4. Total—35. Whereupon the President declared H.C.R. 19 lost and ordered the resolution returned to the House. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. Introduction, First Reading and Reference of Bills S. 1296 By FINANCE COMMITTEE AN ACT Appropriating moneys from the fund enumerated to the Public Employees’ Retirement Board and prescribing a major program and expenditure classifications of the appropriation for the period July 1, 1971 through June 30, 1972; and prescribing limitations on the use and source of the appropriation. S. 1297 By FINANCE COMMITTEE AN ACT Appropriating moneys from the fund enumerated tc the Department of Agriculture and prescribing maim programs and expenditure classifications of the appropria. tion for the period July 1, 1971 through June 30, 1972. S. 1296 and S. 1297 were introduced, read the first timE at length and referred to the Judiciary and Rules Com. mittee for printing. There being no objection, the Senate returned to thE Sixth Order of Business. Reports of Standing Committees March 20, 1971. The JUDICIARY AND RULES Committee reports thai S. 1296 and S. 1297 have been correctly printed. KLEIN, Chairman. On request by Senator Kidwell, granted by unanimow consent, S. 1296 and S. 1297 were filed for second reading Reports of Special Committees IDAHO STATE SENATE Capitol Building BOISE March 20. 1971. The Honorable Jack M. Murphy President of the Senate State House Boise, Idaho 83702 Dear Mr. President: Report of the Conference Committee Regarding 11.3. 309 This Committee has met and conferred relative to H.F
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309, upon the House rejection of the Senate amendments to said bill. It was determined that H.B. 309 will be amended by restricting the amount of the refund for persons sixtyfive and older to $10.00 per each exemption permitted by section 151 of the Internal Revenue Code. It was also determined that no other amendments to R.B. 309 will be made and that the amendments made by the Senate to this bill will go for naught. Respectfully submitted, Is! WARREN H. BROWN, Chairman Senate Conference Committee Is! ALLAN F. LARSEN, Chairman House Conference Committee The report of the Committee and U. 309 were referred to the Tenth Order of Business, Motions and Resolu tions. On request by Senator Kidwell, granted by unanimous onsent, the Senate advanced to the Tenth Order of Business. Motions and Resolutimis The President announced the report of the Senate Con erence Committee was before the Senate for consider tion. Moved by Senator Kidwell, seconded by Senator Evans, ;he Senate concurred in the Conference Committee report ertaining to the amendments to II. 309. H. 309 was filed for first reading. Introduction, First Reading and Reference of Bills H. 309, by the Revenue and Taxation Committee, was ead the first time at length. On request by Senator Kidwell, granted by unanimous :onsent. H. 309 was placed on the Fourteenth Order of Business. General Calendar, for amendment. Second Reading of Bills Motion to Suspend Rules Vir. President: I move that all rules of the Senate interfering with the mmediate passage of S. 1296 be suspended; that the )ortions of Section 15, Article 3, of the Constitution of he State of Idaho requiring all bills to be read on three everal days be dispensed with, this being a case of ur ency, and that S. 1296 be read the first time by title, econd time by title, and third time at length, section by ection, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brown, Budge, Chase, 3obbs, Crookham, Crutcher, Egbert, Ellsworth (20), Glsworth (30), Evans, Fredricksen, High, Kidwell, Klein, vlanley, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, ;aik, Solberg, Steen. Stoicheeff, Summers, Swenson, Villiams, Yarbrough. Total—32. NAYS—None. Absent and Excused—Allen, Brassey, Manning. ‘otal—3. Total 35. More than two-thirds having voted in the affirmative he President declared the rules suspended. S. 1296 was read the first time by title, second time y title and the third time at length, section by section nd placed before the Senate for final consideration, the uestion being, “Shall the bill pass?” Roll call resulted as follows: AYES—Barker, Bivens, Brown Budge. Chase, Cobbs,
March 20]
Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans Fredricksen, High, Klein, Manley, Mix, Peavey, Rigby. Steen, Stoicheff, Williams, Yarbrough. Total—22. NAYS—Bilyeu, Crookham, Kidwell, Miller. Murphy, Saxvik, Solberg, Summers, Swenson. Total—9. Absent and Excused Allen, Brassey, Manning, Mitchell. Total 4. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1297 be suspended; that the por tions of Section 15, Article 3, of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that S. 1297 be read the first time by title, the second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredricksen, High, Kidwell, Klein, Manley, Miller. Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—32. NAYS—None. Absent and Excused—Allen, Brassey, Manning. Total—3. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. S. 1297 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredricksen, High, Kidwell, Klein, Manley, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Wil liams, Yarbrough. Total—32. NAYS—None Absent and excused Allen, Brassey, Manning. Total -3. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1295 be suspended; that the portions of Section 15, Article 3, of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that S. 1295 be read the first time by title, second time by title, and third time at length, section by section. and be put upon its final passaage. Moved by Senator Kidwell. Seconded by Senator Mix. —
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[March 20
29
SENATE JOURNAL
The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brown, Budge Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Wil hams, Yarbrough. Total—32. NAYS—None. Absent and excused—Allen, Brassey, Manning. Total
-3. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. S. 1295 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Barker, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Miller, Mitchell, Mix, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Swenson, Williams, Yarbrough. Total—29. NAYS—Bilyeu, Manning, Murphy, Summers. Total—4. Absent and excused—Allen, Brassey. Total—2. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H.J.R. 34 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all hills to be read on three several days be dispensed with, this being a case of urgency, and that H.J.R. 34 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ells worth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—32. NAYS—None. Absent and excused—Allen, Brassey, Manning. Total—S. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. H.J.R. 34 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the resolution be adopted?” Roll call resulted as follows: AYES—Crookham, High. Total—2. NAYS—Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, Kidwell, Klein, Manley, Man-
fling, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Sax vik, Solberg, Steen, Stoicheff, Summers, Swenson, Wil hams, Yarbrough. Total—32. Absent and excused—Allen. Total—i. Total—35. Whereupon the President declared H.J.R. 34 lost am ordered it returned to the House. President Pro-Tempore Ellsworth, having voted on thi prevailing side by which H.J.R. 34 lost in the Senate served notice that he may on this or the next legislativi day move for reconsideration of the vote. The President ordered H.J.R 34 held at the desk, On request by Senator Kidwell, granted by unanimou consent, the Senate advanced to the Fourteenth Orde: of Business.
General Calendar The President declared the Senate recessed and calle Senator Murphy to the Chair to preside during the sittin of the Committee of the Whole. Following the adjournment of the Committee of th Whole, the President called the Senate to order. Report of the Committee of the Whole Senator Murphy, Chairman of the Committee of th Whole, reported out H. 309, without recommendatiox amended as follows: SENATE AMENDMENTS TO H. 309 AMENDMENTS TO SECTION 2 On page 3 of the printed bill, in line 26, following th word “year” strike the following words: “and has bee allowed none, or less than all, of the credit provided by’ On page 3 of the printed bill, in line 27, strike th following words and character: ‘this subsection shall,’ and insert in lieu thereof the following: “shall be er titled to a refund equal to the amount of ten dollar ($10) for each personal exemption for which a deductio is permitted by Section 151 of the Internal Revenue Coda as that section appeared on December 31, 1964, and”. On page 3 of the printed bill, in line 29, following 1± word “fund”, strike the remainder of the line and i line 30, strike the following: “portion of the credit, nc otherwise allowed by this section”.
CORRECTION TO TITLE On page 1 of the printed bill, in line 15, followin the word “CODE” and before the semicolon, insert tI following words: “AND ALLOWING A REFUND P PERSONS 65 AND OLDER IN AN AMOUNT EQUA TO TEN DOLLARS PER EXEMPTION PERMITTE: BY SECTION 151 OF THE INTERNAL REVENU:
CODE”.
The Committee also has S. 1132, S. 1113, S. 1173, S. 12t and H. 201, under consideration, report progress and bc leave to sit again.
MURPHY,
Chairman. On motion by Senator Murphy, seconded by Senat Bivens, the report was adopted. H. 309, as amended in the Senate, was filed for fir reading. Senate amendments to H. 309 were referred to ti Judiciary and Rules Committee for printing. There being no objection, the Senate returned to tI Eleventh Order of Business.
Introduction, First Reading and Reference of Bills H. 309, as amended in the Senate. by Revenue ai Taxation Committee, was read the first time at leng and filed for second reading. There being no objection, the Senate returned to ti Sixth Order of Business.
SENATE JOURNAL Reports of Standing Committees March 20, 1971. The JUDICIARY AND RULES Committee reports that enate amendments to H. 309 have been correctly printed. KLEIN, Chairman. March 20, 1971. The STATE AFFAIRS Committee reports out S.J.R. 10 with the recommendation that it do pass. SUMMERS, Chairman. On request by Senator Kidwell, granted by unanimous onsent, S.J.R. 110 was filed for second reading. On request by Senator Kidwell, granted by unanimous onsent, the Senate advanced to the Twelfth Order of usiness. Second Reading of Bills Motion to Suspend Rules
March 20)
immediate passage of S.J.R. 110 be suspended; that the portions of Section 15, Article 3, of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that S.J.R. 110 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredricksen, High, Kidwell, Klein, Manley, Miller, Mitchell, Mix. Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Wil liams, Yarbrough. Total—32. NAYS—None. Absent and excused—Allen, Brassey, Manning. Total—3. Total—35. More than two-thirds having voted in the affirmative the president declared the rules suspended. S.J.R. 110 was read the first time by title, second time by title and third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the resolution be adopted?”
Er. President: I move that all rules of the Senate interferring with the nmediate passage of H. 309, as amended in the Senate, suspended; that the portions of Section 15, Article 3 the Constitution of the State of Idaho requiring all ills to be read on three several days be dispensed with, is being a case of urgency, and that H, 309, as amended i the Senate, be read the first time by title, second time ,r title, and third time at length, section by section, and e put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being. “Shall the rules be suspended?” Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brown, Budge, Chase, obbs, Crookham, Crutcher, Egbert, Ellsworth (20), llsworth (30), Evans, Fredericksen, High, Kidwell, Klein, [anley, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, axvik. Solberg. Steen, Stoicheff, Summers. Swenson, Wil ams, Yarbrough. Total—32. NAYS—None. Absent and excused—Allen, Brassey, Manning. Total—3. Total—35. More than two-thirds having voted in the affirmative e President declared the rules suspended. H. 309, as amended in the Senate, was read the first me by title, second time by title and the third time at ngth, section by section and placed before the Senate r final consideration, the question being, “Shall the 11 pass?”
Roll call resulted as follows: AYES—Barker, Bivens, Crookham, Crutcher, Ells worth (20), Evans, Kidwell, Mix, Murphy, Peavey, Steen, Yarbrough. Total—12. NAYS Bilyeu, Brassey, Brown, Budge, Chase, Cobbs, Egbert, Ellsworth (30), Fredericksen, High, Klein, Manley, Manning, Miller, Mitchell, Rigby, Saxvik, Solberg, Stoicheff, Summers, Swenson, Williams. Total—22. Absent and excused—Allen. Total—i. Total—35. Whereupon the President declared S.J.R. 110 lost and ordered the resolution filed in the office of the Secretary of the Senate. Senator Summers having voted on the prevailing side by which S.J.R. 110 lost in the Senate served notice that he may on this or the next legislative day move for recon sideration of the vote. The President ordered S.J.R. 110 held at the desk. On request by Senator Kidwell, granted by unanimous consent, the Senate returned to the Fifth Order of Business. Presentation of Petitions, Resolutions and Memorials
Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brown, Budge, Chase, jbbs, Crookham, Crutcher, Egbert, Ellsworth (20), Ilsworth (30), Evans, Fredricksen, High, Kidwell, Klein, anley. Miller, Mitchell, Mix. Murphy, Peavey, Rigby, xvik, Solberg, Steen, Stoicheff, Summers, Swenson, Wil ms, Yarbrough. Total—32. NAYS—None. Absent and excused—Allen, Brassey, Manning. Total—3. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to o House. Motion to Suspend Rules r. President: I move that all rules of the Senate interfering with the
S.J.R. 112 By STATE AFFAIRS COMMITTEE A JOINT RESOLUTION Proposing an amendment to Section 23 of Article III of the Constitution of the State of Idaho relating to compensation and mileage of members of the Legislature, by removing therefrom the power of the Legislature to set its own compensation and mileage, and providing that members of the Legislature shall receive said sums as salary and compensation as set by a Citizens’ Committee on Legislative Compensation, and providing that the Governor shall appoint the Citizens’ Committee, that the qualifications of the Committee shall be set by law, pro viding that any elected officials shall not sit as members on said Committee; stating the question to be submitted to the electors; directing the Attorney General to prepare the statement as required by law; and directing the Secretary of State to give legal notice thereof. Be It Resolved by the Legislature of the State of Idaho:
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[March 20
SENATE JOURNAL
SECTION 1. That Section 23, Article III, of the Con stitution of the State of Idaho be amended to read as follows: SECTION 23. •Eaeh mcmbcr of the lcgulaturc shall receive far h4s ccrviec a si±m of *Oi dollarc per day frea the cpmmcnccmcnt of the scricion; bu4 wiieh pay shall aet e*eee€I for each membcr, except the precithng offiecro, ia the aggregate, $OO for per diea allowancc for aay oae ceeion; aad shall receive each the sa of tea coats per ia%e each way by the usual traveled routc. The legislature shall not be empowered to set its own salary or compensation. The Citizens Committee on Legislative Compensation shall consist of 9 members appointed by the Governor, the qualifications shall be as provided by law. Provided, however, that any elected official shall not be eligible to serve on the committee. The committee shall establish all compensation for the legislature, which compensation may be submitted by the committee to the people as provided by law, provided that no change in compensation may be made for the legislature then in office. SECTION 2. The question to be submitted to the electors of the state of Idaho at the next general election shall be as follows: “Shall Section 23, Article III, of the Constitution of the State of Idaho, relating to compensation and mileage of members of the legislature, be amended to provide that the legislature shall not be empowered to set its own compensation, to provide for a Citizens Committee on Legislative Compensation consisting of 9 members appointed by the Governor whose duty it shall be to set all compensation for the legislature and providing that the Citizens Committee may submit the compensation to the people. The right of initiative and referendum by the people shall remain inviolate. Providing further that no change in compensation may be made for the legisla ture then in session?” SECTION 3. The Attorney General is directed to pre pare the statement required by Section 67-507a, Idaho Code, and file the same. SECTION 4. The Secretary of State is hereby di rected to publish this proposed constitutional amendment for six consecutive weeks prior to the next general elec tion, in one newspaper of general circulation published in each county of the State of Idaho. S.J.R. 112 was introduced, read the first time at length and referred to the Judiciary and Rules Committee for printing. Reports of Standing Committees March 20, 1971. The JUDICIARY AND RULES Committee reports that S.J.R. 112 has been correctly printed. KLEIN, Chairman. S.J.R. 112 was referred to the State Affairs CommitteeS March 20, 1971. The STATE AFFAIRS Committee reports out S.J.R. 112 with the recommendation that it do pass. SUMMERS, Chairman. On request by Senator Kidwell, granted by unanimous consent, S.J.R. 112 was referred to the Twelfth Order of Business, Second Reading of Bills. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Twelfth Order of Business.
30: Second Reading of Bills Motion to Suspend Rules
Mr. President: I move that all rules of the Senate interfering wit the immediate passage of S.J.R. 112 be suspended; tha
the portions of Section 15 Article 3 of the Constitutio: of the State of Idaho requiring all bills to be read o: three several days be dispensed with, this being a cas of urgency, and that S.J.R. 112 be read the first tim by title, second time by title, and third time at lengtl section by section, and be put upon its final passage. Moved by Senator Kidwell.
Seconded by Senator Evans. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brown, Budge, Cobb Crookham, Crutcher, Ellsworth (20), Evans, Frederickser High, Kidwell, Klein, Manley, Manning, Miller, Mitchel Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steex Stoicheff, Summers, Swenson, Williams, Yarbrough. Toti —30. NAYS—Brassey. Total—i. Absent and excused—Allen, Chase, Egbert, Ellswort (30). Total—4. Total—35. More than two-thirds having voted in the affirmativ the President declared the rules suspended. On request by Senator Kidwell, granted by unanimov consent, the Secretary of the Senate was instructed I
make a typographical correction to S.J.R. 112, on pag 2, line 5, the last word “providing” be changed to rea “provided”. S.J.R. 112 was read the first time by title, second tim by title and the third time at length, section by sectio and placed before the Senate for final consideration, tli question being, “Shall the resolution be adopted?”
Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brassey, Brown, Budg
Cobbs, Crookham, Crutcher, Ellsworth (20), Evans, Frec ericksen, High, Kidwell, Klein, Manley, Manning, Mille: Mitchell, Mix, Murphy, Rigby, Saxvik, Solberg, Steei Stoicheff, Summers, Swenson, Williams, Yarbrough. Tot —30. NAYS—Peavey. Total—i.
Absent and excused—Allen, Chase, Egbert, Ellswort (30). Total—4 Total—35. Whereupon the President declared SJ.R. 112 adopte
title was approved as corrected and the resolution ordere transmitted to the House. On request by Senator Kidwell, granted by unanimot consent, the Senate returned to the Fifth Order of Bus ness. Presentation of Petitions, Resolutions and Memorials SJ.R. 113 By STATE AFFAIRS COMMITTEE A JOINT RESOLUTION Proposing an amendment to Section 23 of Article I] of the Constitution of the State of Idaho, relating
compensation and mileage of members of the legislatur by removing therefrom the per them allowance of te dollars, and the aggregate limit of six hundred dollai for any session, and providing that members of the legi lature shall each receive as a salary the sum of thrc thousand six hundred dollars per annum, providing th
members of the legislature shall each receive the sw
of ten cents per mile for traveling to or returning froi
302
SENATE JOURNAL
each regular or extra session, and providing that officers ,f the legislature shall each receive an additional com pensation as provided by law; stating the question to be mbmitted to the electors; directing the Attorney General ho prepare the statement as required by law; and directing ;he Secretary of State to give legal notice thereof. Be It Resolved by the Legislature of the State of Idaho: SECTION 1. That Section 23, Article III, of the Con titution of the state of Idaho be amended to read as rollows: SECTION 23. COMPENSATION SALARY AND vHLEAGE OF MEMBERS.—Each member of the legis ature shall receive as a salary for his services a sum
f te dollar-u pee 4ay feee the commcnccmcnt e hhe sesuie- Js*t uuth pay eli-all ro4 eeee4 foe eaeli ae*bee eeept the pees44ig offieees 4 the aggrc ate $600 foe pee €lie-a a41ewanees foe a-uy oee senion
)f $3,600 per annum; and shall receive each the sum of ;en cents per mile each way by the usual traveled route or traveling to and returning from each regular or extra ession of the legislature. When convened in extra session by the governor, they hall eaeh rcccivc te 4ollaro pee 4uy bir4 no extra 3ession shall continue for a longer period than twenty lays. They shall receive such mileage as is allowed for eguar sessions, The pees44i officers of the legislature ;hall each, in virtue of his office, receive an additional ompensation eqita-I te ee-half his pee 4ieu± allow ee as a eemzMu as provided by law; provided, that vhenever any member of the legislature shall travel on free pass in coming to or returning from a session of the legislature, the number of miles actually traveled on mch pass shall be deducted from the mileage of such nember. SECTION 2. The question to be submitted to the ilectors of the state of Idaho at the next general elec ;ion shall be as follows: “Shall Section 23, Article III, of the Constitution of the state of Idaho, relating to compensation and mileage )f members of the legislature, be amended to provide that each member of the legislature shall receive a ;alary of $3,600 per annum, to provide that members )f the legislature shall each receive the sum of ten :ents per mile for traveling to or returning from each egular or extra session, and to provide that the officers )f the legislature shall each receive an additional com ,ensation as provided by law?” SECTION 3. The Attorney General is directed to pre are the statement required by Section 67-507a, Idaho ode, and file the same, SECTION 4, The Secretary of State is hereby directed ;o publish this proposed constitutional amendment for ix consecutive weeks prior to the next general election, n one newspaper of general circulation published in each ounty of the state of Idaho. S,I.R. 113 was introduced, read the first time at length ned referred to the Judiciary and Rules Committee for )rinting. Reports of Standing Committees March 20, 1971. The JUDICIARY AND RULES Committee reports that .J.R. 113 has been correctly printed. KLEIN, Chairman, S.J,R. 113 was referred to the State Affairs Committee. March 20, 1971. The STATE AFFAIRS Committee reports out S.J.R. 113 with the recommendation that it do pass. SUMMERS, Chairman,
March 20J
On request by Senator Kidwell, granted by unanimous consent, S,J.R. 113 was referred to the Twelfth Order of Business, Second Reading of Bills. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Twelfth Order of Business. Second Reading of Bills
Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S.J.R. 113 be suspended; that the portions of Section 16 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that 5.311. 113 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell, Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brown, Budge, Cobbs, Crookham, Crutcher, Ellsworth (20), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Miller, Mitchell, Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total
—30.
NAYS—Brassey. Total—i. Absent and excused—Allen, Chase, Egbert, Ellsworth (30). Total—4. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. The President called the President Pro-Tempore to the Chair. S.J.R. 113 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the resolution be adopted ?“ Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Cobbs, Crookham. Crutcher, Ellsworth (20), Evans, Fredericksen, High, Kidwell, Klein, Manning, Mitchell, Mix, Murphy, Saxvik, Steen, Stoicheff, Summers, Swen son, Williams. Yarbrough, Total—26. NAYS—Miller, Peavey, Rigby, Solberg. Total—4, Absent and Excused—Allen, Chase, Egbert, Ellsworth (30), Manley, Total—5, Total—35. Whereupon the President Pro-Tempore declared S.J.R, 113 adopted, title was approved and the resolution ordered transmittted to the House. On request by Senator Kidwell, granted by unanimous consent, the Senate returned to the Sixth Order of Business. Reports of Standing Committees March 20, 1971. The JUDICIARY AND RULES Committee reports that S. 1119, as amended, 5. 1246, S. 1255, S. 1265, S. 1267, S. 1269, S. 1271, S. 1273, S. 1274, S. 1275, S. 1280, S.1281, S. 1282, S. 1283, S. 1284, S. 1285, 5. 1286, S. 1287, S. 1290 and S. 1291 have been correctly enrolled. KLEIN, Chairman. The President announced he was about to sign Enrolled 5, 1119, as amended, S. 1246, S. 1255, S. 1265, S. 1267,
March 20
SENATE JOURNAL
S. 1274, 5. 1275, 5. 1280, S. 1281, 5. 1285, S. 1286, S. 1287, S. 1290 so signed, ordered them trans the signature of the Speaker. March 20, 1971. The JUDICIARY AND RULES Committee reports that L 1136, as amended in the House, S. 1176, as amended, L 1222, as amended, S. 1253, S. 1256, S. 1257, S. 1259, L 1260, S. 1261 and S.J.M. 109 have been correctly nrolled. KLEIN, Chairman. sign Enrolled was about to announced he The President 1136, as amended in the House, 5. 1176, as amended, 1222, as amended, S. 1253, S. 1256, 5. 1257, 5. 1259, 1260, 5. 1261 and S.J.M. 109, and, when so signed, rdered them transmitted to the House for the signature f the Speaker. March 20, 1971. The JUDICIARY AND RULES Committee reports that nrolled 5. 1064, as amended, S. 1146, S. 1165, S. 1177, ts amended, S. 1182, S. 1189, as amended, S. 1193, as Lmended, S. 1195, 5. 1204, S. 1207, S. 1211, 5. 1212, 1213, S. 1223, S. 1226, S. 1227, S. 1230 and S. 1254 were Lelivered to the Governor at 11:25 oâ&#x20AC;&#x2122;clock a.m., on March 0, 1971. KLEIN, Chairman. The report was ordered filed in the office of the Secre ;ary of the Senate. Messages from the Governor STATE OF IDAHO Office of the Governor BOISE March 20, 1971. [â&#x20AC;&#x2DC;he Honorable Jack Murphy resident of the Senate enate Chambers 3uilding )ear Mr. President: I have the honor to inform you that I have this day tpproved and am transmitting to the Secretary of State the following Senate Bills, to-wit: SENATE BILL 1071 as amended in the House SENATE BILL 1072 SENATE BILL 1083 SENATE BILL 1092 SENATE BILL 1109 as amended SENATE BILL 1121 SENATE BILL 1122 SENATE BILL 1129 SENATE BILL 1140 SENATE BILL 1146 SENATE BILL 1151 SENATE BILL 1197 SENATE BILL 1105 as amended in the House. Sincerely, Is! CECIL D. ANDRUS Governor
L 1269, S. 1271, S. 1273, 1282, S. 1283, S. 1284, nd S. 1291, and, when rutted to the House for .
.
.
.
.
The message was ordered filed in the office of the secretary of the Senate. Messages from the House March 20, 1971. v1r. President: I transmit herewith Enrolled H. 159, as amended in the senate, H. 215, as amended, H. 315, as amended in the 3enate, H. 316, H. 320, H. 321, II. 324, H. 337, H. 338, Fl. 339, H. 340, H. 341, H. 343. H. 344, H. 345. H. 346, Fl. 347, H. 348, H. 349, H. 350, H. 351, H. 352 and H.C.R. 0 which have been signed by the Speaker. FITZWATER, Chief Clerk.
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The President announced he was about to sign En rolled H. 159, as amended in the Senate, H. 215, as amend ed, H. 315. as amended in the Senate, H. 316, H. 320, H. 321, H. 324, H. 337, H. 338, H. 339, H. 340, H. 341, H. 343, H. 344, H. 345, H. 346, H. 347, H. 348. H. 349, H. 350, H. 351, H. 352 and H.C.R. 20, and, when so signed ordered them returned to the House. March 20, 1971. Mr. President: I transmit herewith Enrolled H. 313, H. 354, H. 355, H. 356, H. 357, H. 358, H. 359. H. 361 and H. 362 which have been signed by the Speaker. FITZWATER, Chief Clerk. The President announced he was about the sign Enrolled H. 313, H. 354, H. 355, H. 356, H. 357, H. 358, H. 359, II. 361 and H. 362, and, when so signed, ordered them returned to the House. March 20, 1971. Mr. President: I return herewith: S. 1292, S. 1293, S. 1294, S. 1086, S. 1248, S. 1258, 5. 1279, 5. 1289, S. 1278, 5. 1295, S. 1178, S. 1297, S.J.R. 112 and S.J.R. 113 which have passed the House. FITZWATER, Chief Clerk. S. 1292, S. 1293, S. 1294. S. 1086, S. 1248, 5. 1258, S. 1279, 5. 1289, S. 1278, S. 1295, S. 1178, S. 1297, S.J.R. 112 and S.J.R. 113 were referred to the Judiciary and Rules Committee for enrolling. March 20, 1971. Mr. President: I return herewith Enrolled S. 1054, as amended in the House, S. 1142, as amended, 5. 1172, 5. 1184, S. 1239, S. 1245, S. 1250, S. 1251, S. 1252 and S.J.M. 110 which have been signed by the Speaker. FITZWATER, Chief Clerk. Enrolled S. 1054, as amended in the House, S. 1142, as amended, S. 1172, 5. 1184, 5. 1239, 5. 1245, S. 1250, 5. 1251 and S. 1252 were referred to the Judiciary and Rules Committee for transmittal to the Governor. Enrolled S.J.M. 110 was referred to the Judiciary and Rules Committee for transmittal to the Secretary of State. March 20, 1971. Mr. President: I return herewith: 5. 1263 which has failed to pass the House. FITZWATER, Chief Clerk. S. 1263 was ordered filed in the office of the Secretary of the Senate. On request by Senator Kidwell, granted by unanimous consent, the Senate returned to the Eighth Order of Business. Messages from the Governor EXECUTIVE DEPARTMENT STATE OF IDAHO Boise PROCLAMATION WHEREAS, an extraordinary occasion requiring emergency attention has arisen in the State of Idaho which makes it appropriate and desirable to convene the 41st Idaho Legislature in Extraordinary Session; NOW, THEREFORE, I CECIL D. ANDRUS, Governor of the State of Idaho, by virtue of the authority vested in me by the Constitution and laws of this State, do by this Proclamation, call the 41st Idaho Legislature together in Extraordinary Session in the Legislative
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Chambers at the Capitol in Boise City, Ada County, Idaho, at the hour of 12 noon on Monday, March 22, 1971, for the following purposes, to wit, and for none other: 1. To consider and enact legislation redefining the boundaries of the two existing districts from which Representatives from Idaho to the Rouse of Representatives of the Congress of the United States are elected in accordance with the constitu tional provisions and laws in such case made and provided; 2. To consider and enact, legislation reapportioning the membership of the Idaho State Senate and the membership of the Idaho State Rouse of Represen tatives among the several counties in conformance with the Constitution of the United States as pro nounced in the decisions of the Supreme Court; 3. To consider and enact legislation which will bring county and state assemblies of Idaho’s Political Parties into conformance with the “one-man-onevote” principle. This consideration should also in clude language to clarify the procedure for the selection of delegates to the Parties’ National Con ventions. AND I HEREBY DIRECT AND REQUIRE that a copy of this Proclamation be caused to be delivered to the Lieutenant Governor, and to each of the members of the 41st Idaho Legislature and to the Constitutional Officers of the State Government at the earliest practicable time. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Idaho at Boise, the Capital, at the hour of 11 a.m., the 20th day of March, in the year of our Lord nineteen hundred and seventy one and of the Independence of the United States of America the one hundred ninety-fifth. By the Governor:
Is! CECIL D. ANDRUS,
Governor of the State of Idaho
Is! PETE T. CENARRUSA Secretary of State
The Proclamation was ordered filed in the office of the Secretary of the Senate. Messages from the House March 20. 1971. Mr. President: I transmit herewith: H.C.R. 35 which has passed the House. FITZWATER, Chief Clerk. H.C.R. 35 was referred to the Tenth Order of Business, Motions and Resolutions. Motions and Resolutions The following resolution was read at length by the Secretary: H.C.R. 35 BY WAYS AND MEANS COMMITTEE A CONCURRENT RESOLUTION PROVIDING FOR THE ADJOURNMENT OF THE FIRST REGULAR SESSION OF THE FORTY-FIRST IDAHO LEGISLATURE AND FIXING THE TIME FOR ADJOURNMENT SINE DIE Be it Resolved by the Legislature of the State of Idaho: BE IT RESOLVED by the House of Representatives and the Senate concurring therein, that at the hour of 5:30 on March 20, 1971, the House of Representatives and the Senate of the First Regular Session of the Forty-first Idaho Legislature adjourn Sine Die. H.C.R. 35 was ordered held at the desk for two legis lative days.
March 20
Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with th immediate passage of H.C.R. 35 be suspended; that th portions of Section 15, Article 3, of the Constitution o the State of Idaho requiring all bills to be read on thre several days be dispensed with, this being a case o urgency, and that H.C.R. 35 be read the first time b, title, second time by title, and third time at length, sectio by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Evans. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brassey, Brown, Budg Cobbs, Crookham, Crutcher, Ellsworth (20), Evans, Fred ricksen, High, Kidwell, Manley, Manning. Miller, Mitchel Mix, Murphy, Peavey, Rigby, Saxvik, Solberg, Steei Stoicheff, Summers, Swenson, Williams, Yarbrough. Tots —30. NAYS—None. Absent and Excused—Allen, Chase, Egbert, Ellswort (30), Klein. Total—5. Total—35. More than two-thirds having voted in the affirmativ the President Pro-Tempore declared the rules suspendec On motion by Senator Kidwell, seconded by Senato Evans, H.C.R. 35 was adopted, title approved and th resolution ordered returned to the House. On request by Senalor Kidwell, granted by unanimou consent, the Senate advanced to the Fifteenth Order o Business. Miscellaneous Business On request by Senator Kidwell, granted by unanimou consent, President Pro-Tempore Ellsworth appointed committee, consisting of Senators Bivens, Barker, Mi: and Murphy to notify the Governor that the Senate ha completed its business and was ready to adjourn Sine DiE The President Pio-Tempore excused the committee. At this time, a committee from the House of Repre sentatives, consisting of Representatives Keithly, Cam mack and Hammond, informed the President Pro-Tempor that the House had completed its business and was read to adjourn Sine Die. The President Pro-Tempore thanked the committee an requested that it convey the best wishes and congratula tions of the Senate to the Speaker and the members of h House of Representatives. On request by Senator Kidwell, granted by unanimou consent, the President Pro-Tempore appointed a com mittee, consisting of Senators High, Brown, Crutcher am Rigby, to notify the House of Represenatives that th Senate had completed its business and was ready b adjourn Sine Die. The President Pro-Tempore excused the committee. The committee, appointed to wait upon the Governrn returned and reported that it had delivered the Senate’ message. The Governor requested the committee to con vey his best wishes and congratulations for a job wel done and God Speed to the President and the members o the Senate. The President Pro-Tempore thanked and excused th committee. The committee, appointed to wait upon the House, re turned and reported that it had delivered the Senate’ message; that the Speaker had requested it to conve: the congratulations of the House of Representatives t the President and members of the Senate.
tMarch 20
SENATE JOURNAL
The President Pro-Tempore thanked and excused the :ommittee. On motion by Senator Kidwell, seconded by Senator lvans, the hour of 5:30 o’clock p.m., March 20, 1971 laying arrived, this being the day and the hour fixed oy H.C.R. 35 for adjournment Sine Die, the Senate of the ‘irst Regular Session of the Forty-first Legislature of the State of Idaho adjourned Sine Die• JAMES ELLSWORTh, President Pro-Tempore. A.ttest: ARTHUR WILSON, Secretary. March 22, 1971. Enrolled 5. 1119, as amended, 5. 1246, S. 1255, 5. 1265, S. 1267, 5. 1269, S. 1271, 5. 1273, 5. 1274, S. 1275, S. 1280, 5. 1281, 5. 1282, S. 1283, S. 1284, S. 1285, S. 1286, 5. 1287, 5. 1290, 5. 1291, S. 1136, as amended in the House, S. 1176, as amended, S. 1222, as amended, S. 1253, S. 1256, S. 1257, 5. 1259, S. 1260 and S. 1261. The above named enrolled bills were returned from the House, signed by the Speaker and transmitted to the Governor for his consideration. March 22, 1971. Enrolled S.J.M. 109 was returned from the House, signed by the Speaker and transmitted to the Secretary of State. March 22, 1971. Enrolled H. 55, as amended, as amended in the Senate, ELC.R. 33, H.C.R. 34 and H.C.R. 35 which have been signed by the Speaker were received from the House, signed by the President and returned to the House March 22, 1971. The following enrolled Senate bills were delivered to the Governor at 11:15 o’clock a.m. on March 22, 1971: S. 1054, as amended in the House, S. 1142, as amended, S. 1172, S. 1184, S. 1239, S. 1245, S. 1250, 5. 1251 and S. 1252. March 23, 1971. The following enrolled Senate bills were delivered to the Governor at 10:55 o’clock a.m. on March 23, 1971: S. 1119, as amended, S. 1136, as amended in the House, S. 1176, as amended, 5. 1222, as amended, S. 1246, S. 1253, S. 1255, 5. 1256, S. 1257, S. 1259, S. 1260, S. 1261, S. 1265, 5. 1267, 5. 1269, S. 1271, S. 1273, S. 1274, 5. 1275, 5. 1280, S. 1281, 5. 1282, S. 1283, S. 1284, 5. 1285, S. 1286, S. 1287, S. 1290 and S. 1291. March 23, 1971. The following named bills were reported correctly en rolled; signed by the President and transmitted to the House for the signature of the Speaker: S. 1086, S. 1178, S. 1185, as amended in the House, S. 1210, as amended in the House, S. 1248, S. 1258, S. 1278, 5. 1279, 5. 1289, S. 1292, S. 1293, 5. 1294, S. 1295 and S. 1297. March 23, 1971. Enrolled S.J.M. 109 and S.J.M. 110 were delivered to the Secretary of State at 11:00 o’clock am., on March 23, 1971. March 24, 1971. Enrolled S. 1086, S. 1178, S. 1185, as amended in the House, S. 1210, as amended in the House, 5. 1248, 5. 1258, S. 1279, S. 1292, 5. 1293, S. 1294, S. 1295 and 5. 1297 were returned from the House, signed by the Speaker, and delivered to the Governor on March 24, 1971 at the hour of 3:25 o’clock p.m. March 24, 1971. Enrolled H. 309, as amended in the Senate, which has
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been signed by the Speaker was received from the House; signed by the President and returned to the House. March 24, 1971. The following resolutions were reported correctly en rolled; signed by the President and transmitted to the House for the signature of the Speaker: S.J.R. 112, S.J.R. 113, S.C.R. 116, S.C.R. 117 and S.C.R. 118. March 25, 1971. Enrolled S.J.R. 112, S.J.R. 113, S.C.R. 116, S.C.R. 117 and S.C.R. 118 were returned from the House, signed by the Speaker and delivered to the Secretary of State, at 11:15 o’clock a.m. on March 25, 1971. March 25, 1971. Enrolled H. 219, as amended in the Senate. which ha been signed by the Speaker was received from the House; signed by the President and returned to the House. March 25, 1971. Enrolled 5. 1278 and S. 1289 were returned from thc House, signed by the Speaker and transmitteed to thE Governor for his consideration. STATE OF IDAHO Office of the Governor BOISE March 25, 1971 The Honorable Jack Murphy President of the Senate Senate Chambers BUILDING Dear Mr. President: I have the honor to inform you that I have this da3 approved and am transmitting to the Secretary of StatE the following Senate Bills, to wit: SENATE BILL 1064 as amended SENATE BILL 1146 SENATE BILL 1165 SENATE BILL 1177 as amended SENATE BILL 1182 SENATE BILL 1189 as amended SENATE BILL 1193 as amended SENATE BILL 1195 SENATE BILL 1204 SENATE BILL 1207 SENATE BILL 1211 SENATE BILL 1212 SENATE BILL 1213 SENATE BILL 1226 SENATE BILL 1227 SENATE BILL 1230 SENATE BILL 1254 Sincerely, /5/ CECIL D. ANDRUS Governor STATE OF IDAHO Office of the Governor BOISE March 25, 1971 The Honorable Jack Murphy President of the Senate Senate Chambers BUILDING Dear Mr. President: I have the honor to inform you that I have this da: approved and am transmitting to the Secretary of Stat the following Senate Bills, to-wit: SENATE BILL 1243 SENATE BILL 1242 SENATE BILL 1240 SENATE BILL 1235 SENATE BILL 1234 SENATE BILL 1233
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SENATE JOURNAL SENATE SENATE SENATE SENATE SENATE SENATE SENATE SENATE SENATE SENATE SENATE SENATE SENATE SENATE SENATE
BILL BILL BILL BILL BILL BILL BILL BILL BILL BILL BILL BILL BILL BILL BILL
1232 1231 1229 1228 1224 1217 1216 1215 1214 1209 1196 1179 1144 1059 1051 as amended in the House Sincerely, Is! CECIL D. ANDRUS Governor
March 26, 1971. Enrolled S. 1278 and S. 1289 were delivered to the Gov rnor at 11:50 o’clock a.m. on March 26, 1971. STATE OF IDAHO Office of the Governor BOISE March 26, 1971. The Honorable Jack Murhpy President of the Senate 3enate Chambers BUILDING Dear Mr. President: I have the honor to advise that I have transmitted to the Secretary of State without my approval, disapproved nd vetoed SENATE BILL NO. 1223 tvithin the time limited by law, the same having been de ivered to the office of the Governor at 11:25 a.m., on Vlarch 20, 1971, and the Legislature by adjournment sine lie having prevented the return of the bill for reconsider tion to the Senate in which it originated. I veto, disapprove and withhold my approval from enate Bill No. 1223 for the following reasons. Article IX, Section 2, of the Idaho Constitution, provides hat: “The state superintendent of public instruction shall )e ex-officio member of said board” (State Board of Edo :ation), Since it is the Constitution which creates the ex )fficio member status to the State Board, it would appear hat only the Constitution can limit the superintendent’s )articipation on the Board. The superintendent is a con titutional member of a constitutional board with all the ‘owers, duties and participatory authority possessed by he appointed members of the Board as described in Title 3, Idaho Code. The necessary conclusion to be reached, then, is that he Legislature cannot interfere with the constitutional owers and authority of constitutional officers. Wright vs. )allahan is such a ruling. To limit the status of the uperintendent’s membership on the State Board to one of non-voting member would limit the constitutional duties mposed on that office. The question pertaining to Senate Bill No. 1223 is not ne of whether the superintendent of public instruction hould be a voting member of the Board of Education or tot but one of does the Legislature have the authority o alter the wishes of the people, as set forth in the Con titution of the State of Idaho, without the approval of he people. This office must, as we have been sworn to do, phold the Constitution of the State of Idaho. Therefore, for the foregoing reasons, I have vetoed isapproved and withheld my approval from Senate Bill o. 1223. Sincerely, Is! CECIL D. ANDRUS Governor
March 20]
STATE OF IDAHO Office of the Governor BOISE March 26, 1971 The Honorable Jack M. Murphy President of the Senate Senate Chambers Building Dear Mr. President: I have the honor to advise that I have transmitted to the Secretary of State without my approval, disapproved and vetoed SENATE BILL No, 1271 within the time limited by law, the same having been delivered to the Office of the Governor at 10:55 a.m. on March 23, 1971, and the Legislature by adjournment sine die having prevented the return of the bill for recon sideration to the Senate in which it originated. I veto, disapprove and withhold my approval from Senate Bill No. 1271 for the following reasons. The 1970-71 actual General Fund expenditures by the Department of Health were $9,299,810. The 1971-72 FY appropriation from the General Fund by the Legislature is only $9,120,055, a $179,755 cut over the previous year. In addition, there are expanded services that need to be funded that were not in existence during the last fiscal year. The funding problem is further compounded by the fact that “Receipts to Appropriation” is artificially in flated by $526,331 which reflects a further discrepancy in total funding. I have been advised by the Board of Health that this appropriation will cause serious reductions in Mental Retardation and Child Development, Idaho State School and Hospital, discontinuing drug laboratory and mercury studies, cutting back the Environmental Improvement Division, cutting back mental health centers and services at State hospitals, and reducing State participation in local health districts. The local health districts, created by the Legislature to better serve local community health needs were also not a factor in the 1970-71 FY budget. According to Idaho Session Laws, 1970, Chapter 90, Section 18, Sub section (1), this much-needed program must be funded at the State level for at least 35 percent of the total cost of the program. In addition, the 1970-71 FY figure did not include the $557,514 necessary to meet the standards established by the Legislative Auditor for the Idaho State School and Hospital. If I may draw your attention to that Legisla tive Auditor’s report, referring to the Idaho State School and Hospital administration which states: through a commendable effort, has made admir able progress in spite of the severe difficulties and problems created primarily by budget limitations. (A Review of the Idaho Division of Mental Retardation on Child Development with Primary Emphasis on the Idaho State School and Hospital, P. 99. Reports of the Legislative Auditor, James A. Defenbach, C.P.A., Octo ber, 1970. Finally, we must turn our attention to environmental improvement in our great State. Not included for con sideration in the appropriation before us is needed $299,514 for environmental improvement. These monies would have been used to purify our air and clean our waters. We must be aware of the age, a new consensus and awareness that says we must orient our lives and our economy to protect the environment and natural resources which sustain contemporary life and civilization itself. This Administration will not allow a suspension of our ecological duties. Our resources are limited and there is an indisputable need to control the factors causing pollu tion and degradation of our environment. The environ mental improvement program is designed to bring under
March 20
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ontrol those conditions that are an immediate threat o our health, and failure to do so now will result in .ncontrollable conditions five or ten years hence. We are f the opinion human health must be protected now so hat a future calamity may be averted. To summarize our differences with the FY 1971-72 ‘udget as it is now before us, we find a total allocation f $9,120,055 from General Fund sources. Taking into ccount the previous year’s actual expenditure of $9,299,10, and considering the aforementioned areas of reducion, we find a disparity so great that our conscience will ot allow our merely turning our backs and pretending hat it just does not exist. The health of the citizens of Idaho is one of the most trgent tasks before us now. We must be willing to ccept its challenge and not shirk our responsibility. All vidence indicates that the people of Idaho are aware 1 the threat to the quality of life, and they are in reasingly determined to safeguard and enhance that uality. I would be derelict in my duties as Chief Execuive, elected by the people of this great State, if I let his appropriation pass without dissent. Therefore, for the foregoing reasons, and because in Luman terms it is a tragic failure, I have vetoed, dis pproved and withheld my approval from Senate Bill .271. Sincerely, Is? CECIL D. ANDRUS Governor STATE OF IDAHO Office of the Governor BOISE March 30, 1971 he Honorable Jack Murphy ‘resident of the Senate enate Chambers uilding )ear Mr. President: I have the honor to inform you that I have this day Lpproved and am transmitting to the Secretary of State he following Senate Bills, to-wit: SENATE BILL 1289 SENATE BILL 1278 SENATE BILL 1086 SENATE BILL 1178 SENATE BILL 1248 SENATE BILL 1258 SENATE BILL 1279 SENATE BILL 1292 SENATE BILL 1293 SENATE BILL 1294 SENATE BILL 1295 SENATE BILL 1297 SENATE BILL 1246 SENATE BILL 1172 SENATE BILL 1184 SENATE BILL 1239 SENATE BILL 1245 SENATE BILL 1250 SENATE BILL 1251 SENATE BILL 1252 SENATE BILL 1253 SENATE BILL 1255 SENATE BILL 1119 as amended SENATE BILL1136 as amended in the House SENATE BILL 1176 as amended SENATE BILL 1222 as amended SENATE BILL 1054 as amended in the House SENATE BILL 1210 as amended in the House SENATE BILL 1185 as amended in the House SENATE BILL 1256 SENATE BILL 1257 SENATE BILL 1259 SENATE BILL 1260
SENATE SENATE SENATE SENATE SENATE SENATE SN± SENATE ENATE SENATE ATE SENATE SENATE SENATE SENATE SENATE SENATE
BILL BILL BILL BILL BILL BILL
1261 1265 1267 1269 1273 1274
BILL BILL BILL BILL BILL BILL BILL BILL BILL BILL
1281 1282 1283 1284 1285 1286 1287 1290 1291 1142 as amended Sincerely,
Is! CECIL D ANDRUS Governor SENATE INVENTORY ROOM 326 1 steno desk 1 steno chair 3 upholstered highbacked arm chairs 1 3x6 steel table 1 4-drawer steil filing cabinet ROOM 327 1 executive type desk and typing stand 1 steno chair 1 4-drawer filing cabinet ROOM 327B 1 executive type desk 2 upholstered highbacked arm chairs ROOM 339 1 large executive type desk 1 large swivel chair 4 upholstered arm chairs 2 wooden arm chairs 1 steel costumer 2 pair drapes 1 book rack 1 set Idaho Code No. 39 1 wastebasket ROOM 340 1 4-drawer steel filing cabinet 1 steno desk and typing return 1 credenza 1 IBM Selectric typewriter 1 steno chair 2 wastebaskets 2 black steel chairs 1 wooden arm chair 1 pair drapes ROOM 342 1 executive type desk 1 large executive type swivel chair 1 metal costumer 4 wooden arm chairs 1 book rack for Code 1 set Idaho Code No. 47 1 picture of the Bill of Rights 1 pair of drapes ROOM 343 2 steno desks 2 steno chairs 1 typing stand 1 small utility table 2 wooden arm chairs 2 4-drawer filing cabinets 1 costumer
SENATE JOURNAL 2 wastebaskets 1 pair of drapes ROOM 344 4 large wooden arm chairs 2 large executive swivel chairs 2 large executive type desks 1 steel costumer 1 pair drapes ROOM 345 1 4-drawer steel filing cabinet 1 steno desk 1 steno chair 1 executive type desk 1 large executive swivel chair 1 set Idaho Code No. 2 1 Idaho Code book rack Session Laws 1939-1970 2 small steel tables 1 large metal roll top desk 1 3x5 refinished table 1 steel costumer 1 electric wall clock 3 pair drapes 3 wastebaskets 1 vinyl upholstered steel arm chair 1 Wollensak tape recorder with microphone ROOM 346 2 steno desks 4 steno chairs 1 3x6 refinished table 1 3x5 table 4 wastebaskets 2 4-drawer steel filing cabinets 1 costumer 1 vinyl upholstered arm chair 1 General Electric refrigerator 1 pair drapes 1 IBM typewriter ROOM 350 2 4x10 Conference tables 1 3x6 Conference table 44 large wooden high back arm chairs ROOM 351—Lieutenant Governor’s Office 1 steno desk with typing return 1 steno chair 1 credenza 3 side chairs with arms 1 commode 1 smoking stand 1 pair drapes 1 each, framed pictures of Bill of Rights and Declaration of Independence 1 costumer 1 large executive type desk 1 bookcase credenza 1 executive chair 1 United States flag and stand 1 Idaho flag and stand 4 pair drapes 4 side chairs with arms 1 conference table 12 upholstered steel chairs 1 3-cushion black vinyl sofa 1 lamp table 1 coffee table 1 set Idaho Code No. 1 ROOM 354 2 4-drawer steel filing cabinets 1 metal steno desk with typing return 1 IBM Selectric typewriter 1 small utility table 1 large upholstered arm chair 1 pair drapes ROOM 355 1 6-drawer wooden filing cabinet
March 20
1 executive type desk 2 4-drawer steel filing cabinets 3 steno chairs 5 fiberglass chairs 2 3x6 refinished tables 2 costumers ROOM 356 1 steno desk 1 steno chair 1 large double executive type desk 2 executive type swivel chairs 1 typing stand 4 wooden arm chairs 2 4-drawer filing cabinets 1 costumer 2 wastebaskets ROOM 357 1 large roll top metal desk 1 executive swivel chair 1 21-drawer filing cabinet 1 wooden arm chair 2 wastebaskets 1 pair drapes miscellaneous supplies ROOM 359—Kitchen 1 built-in stove, refrigerator and sink miscellaneous kitchen ware FOYER 1 executive type desk 3 large upholstered highbacked arm chairs SENATE CHAMBERS 35 large upholstered black chairs 8 wooden straight back chairs 1 President’s chair 1 built-in President’s desk 6 steno chairs 1 United States flag and stand 1 Idaho flag and stand 1 electric clock 38 built-in Senator’s desks 2 built-in news desks 1 built-in secretary’s desk and podium 140 gallery seats 41 microphones with cords and connectors Public address system 25 desk telephones ROOM 426 1 matched set of 4 random length tables 17 black upholstered office chairs 22 folding chairs 3 pair floral window drapes 1 each, framed pictures of Declaration of Independ ence, and Constitution ROOM 427 1 executive desk 1 steno desk 3 swivel chairs 1 4-drawer steel filing cabinet ROOM 428 4 steno desks 4 steno chairs 3 wooden arm chairs 1 3x6 refinished table 1 6-drawer wooden filing cabinet 1 4-drawer steel filing cabinet 1 costumer ROOM 430 2 3’,%xlO Conference tables 9 refinished swivel chairs 6 wooden arm chairs 11 folding chairs 1 costumer
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lOOM 431 3 steno desks 3 steno chairs 2 4-drawer steel filing cabinets 1 3x6 refinished table 3 wastebaskets 1 costumer 7 folding chairs lOOM 432 3 steno desks 1 3x6 refinished table 3 steno chairs 1 4-drawer steel filing cabinet 1 4-drawer wooden filing cabinet 3 wooden arm chairs 1 costumer lOOM 433 2 3x10 Conference tables 13 refinished swivel chairs 3 wooden arm chairs 2 4-drawer steel filing cabinets lOOM 436 3 gray steel steno desks with console (new) 3 gray and green steno chairs (new) 2 4-drawer steel filing cabinets 1 3’,x10 refinished table 7 wooden arm chairs 5 folding chairs 4 wastebaskets 1 costumer lOOM 436 1 steno desk 1 steno chair 2 4-drawer steel filing cabinets 2 small utility tables 1 2x4 bulletin board lOOM 437 23 desks and executive chairs 1 3x4% table 1 portable podium 8 folding chairs 4 pair floral window drapes 5 wastebaskets lOOM 438 1 steno desk 1 steno chair 1 costumer 1 wastebasket 2 wooden arm chairs CERTIFICATE TATE OF IDAHO ) ss. ENATE CHAM3ER, BOISE, IDAHO) We, JACK MURPHY, President of the Senate, and LRTHUR WILSON, Secretary of the Senate, do hereby ertify and attest as follows: That the Senate proceedings of the daily journal of f arch 20, 1971 has been read and approved as corrected. And, that we have carefully compiled in the Senate ournal of the First Regular Session of the Forty-first ‘egislature, all of the proceedings of the Sixty-ninth ‘egislative Day, and that the said Journal contains a ull, true and correct record of all of the proceedings of aid Senate for said day and final actions upon all legis ation. IN WITNESS WHEREOF, we have hereunto set our Lands this 2nd day of April, 1971. JACK MURPHY, President. ttest: ARTHUR WILSON, Secretary.
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SENATE JOURNAL OF THE
IDAHO LEGISLATURE FIRST EXTRAORDINARY SESSION FORTY-FIRST LEGISLATURE
FIRST LEGISLATIVE DAY MONDAY, MARCH 22, 1971 Senate Chamber, Boise, Idaho, March 22, 1971. At the hour of 12:00 o’clock noon, Monday, March 22, 1971, being the day and the hour fixed by a proclamation of the Governor of the State of Idaho, for the convening of the First Extraordinary Session of the Forty-first Leg islature, the members of the Senate convened in the Senate Chamber in the Capitol Building in the City of Boise, with President Jack Murphy presiding. Secretary of the Senate, Arthur Wilson, read the proclamation call ing the Legislature to meet in Extraordinary Session as follows: STATE OF IDAHO DEPARTMENT OF STATE I, PETE T. CENARRUSA, Secretary of State of the State of Idaho do hereby certify that I am the legal custodian of the Governors’ Proclamation, and that on the Twentieth day of March, Nineteen Hundred and Seventy-one, at eleven o’clock A.M,, the Honorable Cecil D, Andrus, Governor of the State of Idaho, executed and caused to be deposited in my office, a Proclamation, which said Proclamation was received, filed and admitted to the records of the State of Idaho; and I FURTHER CERTIFY that the attached is a true, full and complete copy of said Proclamation, calling the First Extraordinary Session of the Forty-first Session of the Idaho Legislature, as placed on file in the records of this office as of the day and hour first above written. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State. Done at Boise City, the Capital of Idaho, this Twenty-second day of March, Nineteen Hundred and Seventy-one and of the In dependence of the United States of America, the One Hundred and Ninety-fifth. SEAL Is! PETE T, CENARRUSA Secretary of State EXECUTIVE DEPARTMENT STATE OF IDAHO BOISE PROCLAMATION WHEREAS, an extraordinary occasion requiring emer gency attention has arisen in the State of Idaho which makes it appropriate and desirable to convene the 41st Idaho Legislature in Extraordinary Session; NOW, THEREFORE, I CECIL D. ANDRUS, Governor of the State of Idaho, by virtue of the authority vested in me by the Constitution and laws of this State, do by this Proclamation, call the 41st Idaho Legislature together in Extraordinary Session in the Legislative Chambers at the Capitol in Boise City, Ada County, Idaho, at the hour of 12 noon on Monday, March 22, 1971, for the following purposes, to wit, and for none other:
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March 22:
To consider and enact legislation redefining th boundaries of the two existing districts from whici Representatives from Idaho to the House of Repre sentatives of the Congress of the United States ar elected in accordance with the constitutional provi sions and laws in such case made and provided; 2. To consider and enact, legislation reapportionin the membership of the Idaho State Senate and th membership of the Idaho State House of Repre senatives among the several counties in conform ance with the Constitution of the United States a pronounced in the decisions of the Supreme Court 3. To consider and enact legislation which will brin county and state assemblies of Idaho’s Politica Parties into conformance with the “one-man-one vote” principle. This consideration should also in dude language to clarify the procedures for the se lection of delegates to the Parties’ National Con ventions. AND I HEREBY DIRECT AND REQUIRE that a cop of this Proclamation be caused to be delivered to th Lieutenant Governor, and to each of the members of th 41st Idaho Legislature and to the Constitutional Officers 0: the State Government at the earliest practicable time. IN WITNESS WHEREOF, I have hereunto set m hand and caused to be affixed the Great Seal of the Stat of Idaho at Boise, the Capital, at the hour of 11:00 A.M, the 20th day of March, in the year of our Lord nineteei hundred and seventy-one and of the Independence of th United States of America the one hundred ninety-fifth. SEAL Is! CECIL D. ANDRUS Governor of the State of Idah By the Governor: Is! PETE T. CENARRUSA Secretary of State The Proclamation was ordered filed in the office of thi Secretary of the Senate. STATE OF IDAHO Office of the Governor BOISE March 22, 1971 The Honorable Jack Murphy President of the Senate Senate Chamber Building Dear Mr. President: I have the honor to inform you that I have appointe Mr. W. Dean Abrahams of Caldwell, Idaho, to be actinl State Senator for Legislative District 11. This appoint ment was effective March 22, 1971, and will continm until which time Senator William Crookham is able t reassume his duties. This appointment was made pursuant to the nomina tion of Senator Crookham. Sincerely, Is! CECIL D. ANDRUS Governor The original of the appointment was ordered filed ii the office of the Secretary of the Senate. The following Certificate of Election and Appointmen was read at length by the Secretary: STATE OF IDAHO DEPARTMENT OF STATE I, PETE T. CENARRUSA, Secretary of State of thi State of Idaho and legal custodian of the record of elec tions held in the State of Idaho, do hereby certify tha the following is a full, true and complete list of thon elected on November 3, 1970, or appointed to serve a: members of the Senate of the Forty-first Session of th Idaho Legislature, as shown by the official records on fiL in my office:
[March 22 DISTRICT 1 2 3 4 5 6
SENATE JOURNAL NAME James F. Stoicheff Margaret Manley C. C. (Cy) Chase Arthur P. Murphy JohuMix Mike P. Mitchell
William G. Grutcher Nels L. Solberg Warren H. Brown David W. Bivens W. Dean Abrahams Leon H. Swenson Walter Yarbrough Vernon K. Brassey Edith Miller Klein Lyle R. Cobbs H. Dean Summers Wayne L. Kidwell J. Wilson Steen James Ellsworth John T. Peavey Don G. Fredericksen Richard S. High John M. Barker Robert (Bob) Saxvik Joe F. Allen Neil J. Miller Ray W. Rigby J. Marsden Williams W. Fisher Ellsworth Richard A. Egbert Reed Budge John V. Evans Darrell V. Manning Chas. E. “Chick” Bilyeu IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State. Done at Boise City, the Capital of Idaho, this Twenty-second day Df March, Nineteen Hundred and Seventy-one, and of the Independence of the United States of America, the One Elundred and Ninety-fifth. 1sf PETE T. CENARRUSA Secretary of State The Certificate of Election was ordered filed in the office of the Secretary of the Senate. The President appointed Senator Steen to escort Senator Abrahams to the Rostrum to receive the oath of office. The oath of office was administered to Senator Abra hams and he was escorted back to his seat. Roll call showed all members present except Senator Miller, excused. A quorum being present, the Senate of the First Extra Drdinary Session of the Forty-first Session of the Legis lature of the state of Idaho was called to order by Presi dent Murphy. The following prayer was offered by Chaplain Newell Morgan: Our Sovereign Lord, God, Father of Mankind, we would today confess our deepest gratitude that among the na tions of the world we have been born, raised and lived as citizens of this great land, where freedom is the part cf every life. May this realization be kept alive in the hearts of each as a burning desire that all peoples in all lands shall know the joy of freedom, and self-govern ment. We are also most thankful for our form of government, which we believe to be the highest form known among the nations of the world. We ask of Thee, that just as Thy Spirit guided the men and women of the past to form, safeguard and enrich our democracy, do be present in the days ahead as our State’s Legislature and all who work with them shall seek ways to upgrade with greater 7 8 9 tO [1 12 13 t4 t5 16 17 18 19 10 ii 12 13 34 15 36 37 38 19 30 31 32 33 34 35
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equity our government that which is so basic to free dom and democracy. Give to all who labor within the Chamber clarity oi thought, unfaulty reasoning, effective debate, and un selfish attitudes that the results shall outlast ever the stone structure wherein we stand. In Christ’s Name, Amen. On motion by President Pro-Tempore Ellsworth, sec onded by Senator Evans, the Senate proceeded with the organization of the First Extraordinary Session of the Forty-first Legislature of the State of Idaho, pursuant to and in accordance with the Governor’s proclamation. Moved by Senator Kidwell, seconded by Senator Mix, that the rules of the Senate, and the Joint Rules, as adopted by the First Regular Session of the Forty-first Legislature be adopted as the Rules of this First Extra ordinary Session. —
The question being, “Shall the Motion pass?” Roll call resulted as follows: AYES Abrahams, Barker, Bilyeu, Bivens, Brassey, Brown, Budge Chase, Cobbs, Crookham, Crutcher, Eg bert, Ellswortii (20), Ellsworth (30), Evans, Frederick. sen, High, Kidwell, Klein, Manley, Manning, Mitchell, Mix, Murphy, Peavey Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—32. NAYS—None. Absent and excused—Allen, Miller, Rigby. Total—3. Total—35. Whereupon the President declared the motion passed. On request by Senator Kidwell, granted by unanimous consent, Senator Abrahams was assigned the same com mittees on which Senator Crookham had served. On request by President Pro-Tempore Ellsworth, grant ed by unanimous consent, the Senators occupied the samE seats assigned to them during the First Regular Session. Moved by Senator Bivens, seconded by Senator Crutcher, that the following attaches be elected to fill the offices provided for by the Constitution of the State of Idaho, and by statute, salaries to be fixed by Concurrent Resolution Arthur Wilson Secretary of the Senate Pat Harper Assistant Secretary of the Senate Dorothea Baxter, Ruby Stone Journal Clerks Connie Anderson Docket Clerk Mildred King Secretary to the Secretary of the Senate. Virginia Seibert Assistant to the President Hazel Keefet Receptionist to the President Marie Pond Assistant to President Pro-Tempore Tina Prophet Secretary to Minority Leader Secretaries flene Schmelzer, Annamarie Goller, Bert Bays, Barbara Gwartney Sergeant-at-Arms Reed Christenson Assistant Sergeant-at-Arms Mike Franklin Doorkeeper Owen Lovejoy Virgina Smith, Sally Bunting Hostesses Ruby Hasseibring Mailing Clerk Chaplain Rev. Newell Morgan Page Randy Kaufman The question being, “Shall the attaches, as named, bc elected?” Roll call resulted as follows: Abrahams, Barker, Bilyeu, Bivens, Brassey, AYES Brown, Budge, Chase, Cobbs, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen High. Kidwell, Klein, Manley, Manning, Mitchell, Mix, ?urphy. Peavey, Saxvik, Solberg, Steen, Stoicheff, Summers, Swen son, Williams, Yarbrough. Total—32. NAYS—None. Absent and Excused—Allen, Miller, Rigby. Total—3. —
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Total—35. Whereupon the President declared the attaches, as earned, elected. The Sergeant-at-Arms was instructed to escort the fol towing attaches to the Rostrum where the oath of office was adminstered by the President: Arthur Wilson, Pat Harper, Dorothea Baxter Ruby Stone, Connie Anderson, Mildred King, Virginia eibert, Razel Keefer, Marie Pond, Tina Prophet, Ilene Schmelzer, Annamarie Goller, Bert Bays, Barbara Gwartney, Reed Christenson, Mike Franklin, Owen Lovejoy, Virginia Smith, Sally Bunting, Ruby Hasselbring, Rev. Newell Morgan and Randy Kaufman. At this time a committee from the House of Represen atives consisting of Representatives Condie, Cammack and Fogg reported that the House of Representatives vas organized and ready to transact business. The President thanked the, committee and extended est wishes to the House of Representatives from the Senate. Upon request by Senator Kidwell, granted by unanimous onsent, the President appointed Senators Bivens, Barker, and Mix as the committee to inform the House of Rep esentatives that the Senate is organized and ready to transact business. Upon request by Senator Kidwell, granted by unani rnous consent, the President appointed Senators Yar irough, High and Crutcher as the committee to notify bhe Governor that the Senate is now organized and ready o receive any communications he desires to transmit. The President excused the committees. The committee appointed to wait upon the House of Representatives returned and reported that the Speaker f the House sent congratulations to the Senate. The Committee appointed to wait upon the Governor eturned and reported that the Governor extended con ratulations to the Senate and God speed on its delibera bions. The President thanked and discharged the committees. On motion by President Pro-Tempore Eilsworth, sec )nded by Senator Evans, the Senate recessed until 2:00 )‘clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 2:00 o’clock p.m., pursuant ;o recess, President Murphy presiding. Roll call showed all members present except Senator vIiller, excused. On request by Senator Kidwell, granted by unanimous onsent, the Senate advanced to the Eighth Order of Business. Messages from the Governor STATE OF IDAHO Office of the Governor BOISE March 22, 1971 E{onorable Jack Murphy President of the Senate 3enate Chamber 3uilding Dear Mr. President: This: letter is to inform you that I have authorized he continuance of’ Senator Margaret Manley’s appoint nent until such time as Senator Art Manley can resume us duties as State Senator from Legislative District 2. This action is taken pursuant to Section 59-917, Idaho ode. Respectfully, Is! CECIL D. ANDRUS Governor
March 23]
The message was ordered filed in the office of the Sec retary of the Senate. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On Motion by Senator Kidwell, seconded by Senator Crutcher, the Senate adjourned until 9:00 o’clock n.m., Tuesday, March23, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
SECOND LEGISLATIVE DAY TUESDAY, MARCH 23, 1971 Senate Chamber, Boise, Idaho, March 23, 1971. President Murphy called the Senate to order at 9:00 o’clock n.m. Roll call showed all members present. The following prayer was offered by Chaplain Newell Morgan: Our Father, for the refreshment of a nights rest we thank Thee. Do restore body and mind frayed with care and concern. Supply each of us the strength and vigor we need to face the responsbilities of this day. Help us with courage and honesty face even the vexing problems. When human wisdom fails grant us a full measure of Thy wisdom and guidance. Our God, Whose love meet our every need be con stantly with these men and women who seek to serve the people of this State, making full their responsbility of statecraft. Make them worthy of these demanding times, the times which try men’s souls and cry aloud for wisdom and character. In our Redeemer’s name, Amen. Messages from the House March 22, 1971, Mr. President: I transmit herewith H.C.R. 1 which has passed the House. FITZWATER, Chief Clerk. H.C.R. 1 was referred to the Tenth Order of Business. Motions and Resolutions The following resolution was read at length by the Secretary: H.C.R. 1 By WAYS AND MEANS COMMITTEE A CONCURRENT RESOLUTION Directing the Speaker of the House of Representatives and the President of the Senate to appoint a committee of five members from each body to conduct a study of the measures necessary to bring county and state as semblies into conformance with the “one-man-one-vote” principle and to clarify the procedures for the selection of delegates to political party national conventions; and to report their recommendation to the First Extraordinary Session of the Forty-first Idaho Legislature. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, the Governor of the State of Idaho in his proclamation calling the Forty-first Idaho Legislature into Extraordinary Session stated that one purpose be:
March 24
“To consider and enact legislation which will bring county and state assemblies of Idaho’s political parties into conformance with the ‘one-man-one-vote’ principle. This consideration should also include language to clarify the procedure for the selection of delegates to the Parties’ National Conventions.” NOW, THEREFORE, BE IT RESOLVED by the House f Representatives, the Senate of the First Extraordinary ession of the Forty-first Idaho Legislature concurring herein, that the Speaker of the House of Representatives nd the President of the Senate are hereby directed to .ppoint a committee of five members from each House for he purpose of studying those measures necessary to meet he requirements of the proclamation of the Governor in ailing this extraordinary session concerning the matter et forth in this resolution and to present recommenda ions in such form as may be introduced as legislation. H.C.R. 1 was ordered held at the desk for two legisla lye days. Moved by Senator Kidwell, seconded by Senator rutcher, that all rules of the Senate interfering with he immediate consideration of H.C.R. 1 be suspended. Roll call resulted as follows: AYE 5—Abrahams. Allen, Barker, Bilyeu, Bivens, Bras ey, Brown, Budge, Chase, Cobbs, Crutcher, Ellsworth :20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Ianiey, Manning, Miller, Mitchell, Mix, Murphy, Peavey, igby, Saxyik, $olberg, Steen, Stoicheff, Swenson, Wil iams, Yarbrough. Total—32. NAYS—None. Absent and excused—Egbert, Klein, Summers. Total—3. Total—35. More than two-thirds having voted in the affirmative ;he President declared the rules were suspended and i.C.R. 1 was before the Senate for consideration. Moved by Senator Kidwell, seconded by Senator Drutcher, that H.C.R, 1 be adopted, Roll call vote was requested by Senators Evans, Crutch r and Manning. The question being, “Shall the resolution be adopted?” Roll call resulted as follows: AYES Abrahams, Allen, Barker, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crutcher, Eilsworth (20), llllsworth (30), Evans, Fredericksen, Kidwell, Klein, Man ey, Miller, Mitchell, Mix, Peavey, Rigby, Solberg, Steen, toicheff, Summers, Swenson, Williams, Yarbrough. Total —29. NAYS—Bilyeu, Manning, Murphy. Total—3. Absent and excused—Egbert, High, Saxvik. Total—3. Total—35. Whereupon the President declared ll.C.R. 1 adopted title .vas approved and the resolution ordered returned to the [louse. Miscellaneous Business The President appointed Senators Barker, Chairman, Budge, Abrahams, Mix and Bilyeu, members and Senators Klein and Murphy, ex-officio members to serve as the Committee from the Senate in accordance with H.C.R. 1. On motion by Senator Kidwell, seconded by Senator Crutcher, the Senate recessed until 1:30 o’clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present. —
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Prior to recess the Senate was at the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Kidwell, seconded by Senator Crutcher, the Senate recessed until 4:00 o’clock p.m. of this day. RECESS The Senate reconvened at 4:00 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present. Prior to recess the Senate was at the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Stoicheff, seconded by Senator Mix, the Senate adjourned until 9:15 n.m., Wednesday, March 24, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
THIRD LEGISLATIVE DAY WEDNESDAY, MARCH 24, 1971 Senate Chamber, Boise, Idaho, March 24, 1971. President Murphy called the Senate to order at 9:15 o’clock n.m. Roll call showed all members present except Senators Klein and Yarbrough, excused. The following prayer was offered by Chaplain Newell Morgan: Sovereign God Whose awesome majesty far exceeds the silent grandeur of lofty mountain peaks of this our great State, we come to Thee. In this sacred moment of meditation, bring to the hearts of each of us the peaceful quietness of a highmountain meadow glen. May the blue-jeweled beauty of a sparkling mountain lake help us to realize that within Thy guidance life may be as serene. Help, Father, these persons within this chamber, that their minds may be as productive as the forest lands of our greenclad mountains. Even though the ideas within the minds of these men and women be as diverse as the cascading brooks and streams of our primitive forest lands, may they flow together into a powerful, moving force toward one great common goal as the mighty Columbia flows away to the distant Ocean. We voice these wishes in the Name of Christ, Amen. Messages from the House March 23, 1971. Mr. President: I transmit herewith Enrolled H.C.R. 1 which has bees signed by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign H.C.R. I and, when so signed, ordered it returned to the House. Miscellaneous Business On motion by Senator Kidwell, seconded by Senatoi Evans, the Senate recessed until 2:00 o’clock p.m. of this day.
SENATE JOURNAL RECESS Afternoon Session The Senate reconvened at 2:00 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present except, Senators Brassey, Klein and Williams, excused. Prior to recess the Senate was at the Fifteenth Order of Business, Miscellaneous Business. There being no objection, the Senate returned to the Third Order of Business. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Monday, March 22, 1971 and Tuesday, March 23, 1971 was read and ap proved as corrected. KLEIN, Chairman. Report adopted. On request by President Pro-Tempore Ellsworth, grant ed by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec onded by Senator Crutcher, the Senate recessed until 4:00 o’clock p.m. of this day. RECESS The Senate reconvened at 4:00 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present except Senators Brassey, Fredericksen, Mix, Rigby and Swenson, excused. Miscellaneous Business On motion by Senator Kidwell, seconded by Senator Crutcher, the Senate adjourned until 9:30 o’clock a.m., Thursday, March 25, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
FOURTH LEGISLATIVE DAY THURSDAY, MARCH 25, 1971 Senate Chamber, Boise, Idaho, March 25, 1971. President Murphy called the Senate to order at 9:30 o’clock a.m. Roll call showed all members present except Senators Bilyeu, Evans, Kidwell, Klein and Steen, excused. The following prayer was offered by Chaplain Newell Morgan: God, of our fathers, Whose almighty hand hath made and preservee our nation, we thank Thee for this day. As persons who believe in prayer we lift our voice to Thee. Do bless with great wisdom and understanding the President of our United States. Bless all who labor with him in our national government. Grant that we shall find solution to our wars, especially in the Far East where men are dying. Help us to find ways to lasting peace. In the problems between races and cultures may ways f harmony be found. In the conflicts of society, morality, law and order, may ways be found that shall make for equality and justice.
March 26:
Help us to follow Thy ways as we live among the people of the earth. Grant a measure of Thy Divine wisdom for the prob lems faced today by the members of our State Legisla ture. May this be a day of achievement. In Jesus’ Name, Amen. Miscellaneous Business On motion by Senator Bivens, seconded by Senato: Crutcher, the Senate recessed until 1:30 o’clock p.m. o this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuan to recess, President Murphy presiding. Roll call showed all members present except Senator Bilyeu, Brassey, Evans, Kidwell, Steen and Williams excused. Prior to recess the Senate was at the Fifteenth Orde: of Business. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec onded by Senator Mix, the Senate recessed until 4:3( o’clock p.m. of this day. RECESS The Senate reconvened at 4:30 o’clock p.m., pursuan to recess, President Murphy presiding. Roll call showed all members present except Senator Abrahams, Allen, Brassey, Cobbs, Crutcher, Kidwell, Klein Steen and Yarbrough, excused. Prior to recess the Senate was at the Fifteenth Ordei of Business, Miscellaneous Business. There being no objection, the Senate returned to thE Third Order of Business. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports thai the Senate Journal of the proceedings of Wednesday. March 24, 1971 was read and approved as corrected. KLEIN, Chairman. Report adopted. Miscellaneous Business On motion by Senator Bivens, seconded by Senator Mix, the Senate adjourned until 9:30 o’clock a.m., Friday March 26, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
FIFTH LEGISLATIVE DAY FRIDAY, MARCH 26, 1971 Senate Chamber, Boise, Idaho, March 26, 1971. President Murphy called the Senate to order at 9:30 o’clock a.m. Roll call showed all members present except Senators Allen, Klein and Mix, excused. Senator Kidwell excused on official Senate business. The following prayer was offered by Chaplain Newell Morgan: We are admonished within the Bible, Our Heavenly Father, to make “supplications, prayers, intercessions and
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[March 29
thanksgivings” for all who are in high places, so we come this morning to keep this request. Help us to realize more fully that the greatest resource tf our State and Nation is people; also that the many problems and the solution to these problems have to do with people. Guide wisely and well those who work with, govern and make laws for people, that all personal rela tionships shall be for the betterment of everyone. Help us that always our person to person relationships shall be guided with honesty, seasoned with love, undergirded with integrity and founded on divine guidance. Be with all the Senators, the President of the Senate, those who work with them, that those things that do, as they relate to people shall be exemplary. In ways known best to Thee relate to each of them this day. In our Lord’s Name, Amen. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec onded by Senator Evans, the Senate recessed until 1:30 o’clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present except Senators Allen, Brassey, Chase, Kidwell, Klein, Saxvik and Wil liams, excused. Prior to recess the Senate was at the Fifteenth Order of Business, Miscellaneous Business. There being no objection, the Senate returned to the Third Order of Business. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of March 25, 1971 was read and approved as corrected.
KLEIN, Chairman,
the people of District 27 in the Idaho Senate while I am unable to be there. Respectfully yours, /5/ NEIL J. MILLER State Senator District No. 27 The letter was ordered filed in the office of the Secre. tary of the Senate.
Introduction, First Reading and Reference of Bills S. 1001
By STATE AFFAIRS COMMITTEE AN ACT Repealing Section 67-202, Idaho Code; amending Chap. ter 2, Title 67, Idaho Code, by the addition of a ne
Section 67-202, Idaho Code, providing for legislative dis. tricts, providing for a Senator to be elected from eaci legislative district, and providing for two representatives to be elected fom each legislative district; and declann an emergency. S. 1002
By STATE AFFAIRS COMMITTEE AN ACT Amending Section 34-301, Idaho Code, as amended b3 Chapter 210, Laws of 1971, relating to the establishmeni of precincts; striking the provision that there must b three precincts in each county, providing that precinct within legislative districts shall contain as nearly a practicable the same population, providing that th Secretary of State shall designate precinct boundarie if Boards of County Commissioners cannot agree, pro viding for sub-precincts when such is necessary for th convenience of the voters and that the sub-precincts shal be treated as precincts except for the election of precinc committeemen, providing that each sub-precinct shall hav a polling place, and providing that various sections 0: the Idaho Code shall include the word “sub-precinct’ where the term “precinct” is used. S. 1001 and S. 1002 were introduced, read the firs time at length and referred to the Judiciary and Rule Committee for printing.
Report adopted.
Miscellaneous Business
Reading of Communications The following letter was read by the Secretary, and was ordered spread upon the pages of the Senate Journal. IDAHO STATE SENATE Capitol Building
BOISE March 26, 1971 The Honorable Jack Murphy Lieutenant Governor State of Idaho Boise, Idaho 83707 Dear Mr. President: As we are about to eater into the second week of the First Extraordinary Session of the Forty-first Legisla ture, it is apparent that I have an emergency situation which cannot be postponed until the end of this Special Session. Therefore, I respectfully request to be excused from serving in this Special Session until I can resolve this emergency situation. I have asked Governor Andrus, under Section 59-917 of the Idaho Code, to appoint J. Cecil Sandberg of Blackfoot to serve in my place as Acting Senator for District 27 until such time as I inform you of my ability to resume the office of Senator. As you well know, J. Cecil Sandberg has a background of five terms experience in the Idaho Legislature and was very instrumental in the last reapportionment of Idaho legislative districts. I am sure he can serve well
The President announced that Senator Don Fredericksej was appointed to represent the Senate at the funera of former Representative Fred Nelson of Jerome, Idaho On motion by Senator Bivens, seconded by Senato:
Mix, the Senate adjourned until 10:00 o’clock a.m., Mon day, March 29, 1971. JACK MURPHY, President.
Attest: ARTHUR WILSON, Secretary.
EIGHTH LEGISLATIVE DAY MONDAY, MARCH 29, 1971 Senate Chamber, Boise, Idaho, March 29. 1971. President Pro-Tempore Ellsworth called the Senat to order at 10:00 o’clock n.m. Roll call showed all members present except Senator Brown and Miller, excused. The following prayer was offered by Chaplain Newe Morgan: As the day begins, bringing to us the hours of anothe week, we express our deepest gratitude for life, healtl families, responsibilities.
SENATE JOURNAL Thou hast made this earth so fair and hath given it to all men to enjoy richly. Help us never to grow dull to all its wonders or lose the mystic luster of the changing pageant of earth and sky and sea. We thank Thee for the pioneers of the past who in ourage, wisdom and foresight built this great nation, who formed our cities, our farms and factories, who ramed this great land of freedom and democracy. Help this day these who are dedicated to the govern rnent of free people. As they assume again the duties of this week, grant them wisdom, health and the leading of Thy Spirit. In Our Lord’s Name, Amen. Reports of Standing Committees March 29, 1971. The JUDICIARY AND RULES Committee reports that 1001 and S. 1002 have been correctly printed. KLEIN, Chairman. S. 1001 and S. 1002 were referred to the State Affairs ommittee. Messages from the Governor STATE OF IDAHO Office of the Governor BOISE March 29, 1971 [‘he Honorable Jack Murphy resident of the Senate senate Chamber 3uilding )ear Mr. President: I have the honor to inform you that I have appointed enator J. Cecil Sandberg of 9 North Shilling, Blackfoot, daho, as Acting Senator for Legislative District No. 27. [‘his appointment is effective March 29, 1971 and will con inue until which time Senator Neil J. Miller is able to eassume his duties. This appointment was made pursuant to the nomination f Senator Miller. Sincerely, Is! CECIL D. ANDRUS Governor The original of the appointment was ordered filed in he office of the Secretary of the Senate. On request by Senator Kidwell, granted by unanimous onsent, the President Pro-Tempore appointed Senators ilvens and Mix as the committee to escort Senator Sand erg to the Rostrum to receive the oath of office. The oath of office was administred to Senator Sanderg and he was escorted back to his seat. The President ‘ro-Tempore dismissed the committee. .
Miscellaneous Business On motion by Senator Kidwell, seconded by Senator lix, the Senate recessed until 1:30 o’clock p.m. of this alt. RECESS Afternoon Session The Senate reconvened at 1:30 o’clock p.m., pursuant to ecess, President Pro-Tempore Ellsworth presiding. Roll call showed all members present except Senator frown, excused. Prior to recess the Senate was at the Fifteenth Order f Business. There being no objection, the Senate returned to the ‘bird Order of Business. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that
March 29]
the Senate Journal of the proceedings of Friday, March 26, 1971 was read and approved as corrected. KLEIN, Chairman. Report adopted. Presentation of Petitions, Resolutions and Memorials S,C.R. 101 By BIVENS AND MIX A CONCURRENT RESOLUTION Fixing the salaries of the employees of the First Extraordinary Session of the Forty-first Idaho Legis lature. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, Sections 67-601, 67-602 and 67-608 of the Idaho Code provide that the compensation of the em ployees of the Senate and the House of Representatives shall be fixed by concurrent resolution of the Senate and House; and WHEREAS, it is the desire of the Senate and the House of Representatives, by this concurrent resolution to fix the compensation of the employees of the First Extraordinary Session of the Forty-first Legislature. NOW, THEREFORE, BE IT RESOLVED by the Senate, and the House of Representatives concurring therein, that the compensation of the various officers of the Senate and House of Representatives of the First Extraordinary Session of the Forty-first Idaho Legislature be fixed as follows: Secretary of the Senate $35.00 per day Chief Clerk and Parliamentarian $35.00 per day Assistant Secretary of the Senate $30.00 per day Assistant Chief Clerk $30.00 per day Assistants to President and Speaker $30.00 per day Assistant to President Pro-Tempore $30.00 per day Receptionist to the President $25.00 per day Secretary to the Speaker $25.00 per day Secretaries to Floor Leadership $25.00 per day Sergeant-at-Arms $27.50 per day Assistant Sergeant-at-Arms $22.50 per day Docket Clerks $27.50 per day Journal Clerks $27.50 per day Secretaries to Chief Clerk and Secretary of the Senate $22.50 per day Chaplain $10.00 per day Attorneys $40.00 per day Public Information Officer $25.00 per day Secretary to Revenue and Taxation $25.00 per day Secretary to Appropriation & Finance $27.50 per day Secretaries to Attorneys $22.50 per day Committee Secretaries $22.50 per day Secretaries to Minority Party $22.50 per day MTST Administrator $30.00 per day MTST Bill Preparation Supervisor $27.50 per day MTST Administrative Supervisor $27.50 per day MTST Machine Operators $25.00 per day Daily Data Night Programmer $25.00 per day MTST Duplicator Operator $22.50 per day MTST Receptionist $17.50 per day Xerox Operators $17.50 per day Assistant Xerox Operators $15.00 per day Proof Readers $22.50 per day Mail Clerks $15.00 per day Information Clerks $15.00 per day Door Keepers $15.00 per day Janitors $17.50 per day Receptionist $17.50 per day Hostesses $17.50 per day Assistant Hostess $15.00 per day Pages and Messengers $12.00 per day Gallery Receptionist $15.00 per day S.C.R, 101 was referred to the Tenth Order of Busi ness, Motions and Resolutions, and ordered held at the desk for two legislative days. .
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Messages from the Governor The following proclamation was read at length by the secretary: EXECUTIVE DEPARTMENT STATE OF IDAHO BOISE PROCLAMATION WHEREAS, by Proclamation issued March 20, 1971, an xtraordinary session of the 41st Idaho Legislature has een called to consider certain measures; and WHEREAS, the necessity has arisen to amend said Proclamation to include authorization to consider addi ional items. NOW, THEREFORE, I, CECIL D. ANDRUS, Gover nor of the State of Idaho, by virtue of the authority vested tn me by the Constitution and laws of the State of Idaho, 1o by this Proclamation, amend my Proclamation of iIarch 20 to include authority for the extraordinary ses ion of the 41st Idaho Legislature to: 1. Ratify the proposed 26th amendment to the Consti tution of the United States; 2. Amend sub-section (2) of Section 1 of House Bill No. 343 as passed by the first regular session of the 41st Legislature to more clearly set forth legislative in tent; 3. Appropriate funds for the Public Employees Retire ment System; 4. Appropriate from the General Funds for the De partment of Health in the amount $9,970,055 as hereinafter recommended; 5. Appropriate from the General Fund for the public school education program the amount of $45,705,000 as hereinafter recommended; and 6. Add an additional appropriation to the Department of Public Assistance in the amount of $800,000 for nursing home care and prescription drug payments that are presently being borne at county property tax expense as hereinafter recommended. Funding for items 4, 5, and 6 of the amended call can e accomplished by adding $1,000,000 to the General Fund revenues from liquor profits without disturbing the 400,000 that shall be distributed one forty-fourth (1/44) bo each of the several counties of the State and by limiting runds for compensating local governments for the loss of bhe inventory tax revenues to 15 percent rather than 20 percent of the sales tax revenue. These two measures will provide $3,355,000 to be distributed as set forth above. The end result of these proposals would be the necessary increase for public health and pollution controls, minimal Cunding for public schools which should ward off the necessity of a property tax increase for education, and a property tax decrease at the local level for the already )verburdened taxpayer. For those who object to limiting inventory tax revenue replacement to 15 percent, I would point out that local Linits of government will gain by the State taking over the nursing home care, prescription drug costs and retaining Ihe one forty-fourth disbursement of $400,000 of the iquor funds. These concessions plus the increased appro priations to health facilities and public school funding, )vershadow, in my opinion, the alleged loss. Your favorable consideration of these proposals is respectfully recommended. IN WITNESS WHEREOF, I have hereunto set my hand rnd caused to be affixed the Great Seal of the State of [daho, in Boise, the Capital, the twenty-ninth day of if arch, at the hour of 2:00 P.M., in the year of our Lord nineteen hundred and seventy-one and of the Independence
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of the United States of America the one hundred ninetyfifth. /s/ CECIL D. ANDRUS Governor of the State of Idaho By the Governor: Is! PETE T. CENARRUSA Secretary of State (The Great Seal of the State of Idaho) The original proclamation was ordered filed in the office of the Secretary of the Senate. Introduction, First Reading and Reference of Bills S. 1003 By STATE AFFAIRS COMMITTEE AN ACT Repealing Section 67-202, Idaho Code; amending Chap ter 2, Title 67, Idaho Code, by the addition of a new Sec tion 67-202, Idaho Code, providing for Legislative Dis tricts, providing for a senator to be elected from each Legislative District, and providing for two representatives to be elected from each Legislative District; and declaring an emergency. S. 1004 By STATE AFFAIRS COMMITTEE AN ACT Repealing Section 67-202, Idaho Code; amending Chap ter 2, Title 67, Idaho Code, by the addition of a new Sec tion 67-202, Idaho Code, providing for Legislative Dis tricts, providing for a senator to be elected from each Legislative District, and providing for two representa tives to be elected from each Legislative District; and declaring an emergency. S. 1003 and S. 1004 were introduced, read the first time at length and referred to the Judiciary and Rules Commit tee for printing. Miscellaneous Business On motion by Senator Kidwell, seconded by Senator Evans, the Senate adjourned until 10:00 oâ&#x20AC;&#x2122;clock n.m., March 30, 1971. JAMES ELLSWORTH, President Pro-Tempore. Attest: ARTHUR WILSON, Secretary.
NINTH LEGISLATIVE DAY TUESDAY, MARCH 30, 1971 Senate Chamber, Boise, Idaho, March 30, 1971. President Pro-Tempore Ellsworth called the Senate to order at 10:00 a.m. Roll call showed all members present. The following prayer was offered by Chaplain Newell Morgan: Our God and Father, Who formed and shaped us in love; Who caused us to have soul, eternal in nature, we prostrate our hearts before Thee in love and gratitude. We thank Thee for those who guard our shores, oui skies, our streets, our cities, seeking to keep them safe by night and day. We thank Thee for those who till the soil, raising food for hungry bodies; for those who teach and train the minds of our youth, helping them to assume the respon sibilities of life. We thank Thee for those who man our mills, our fac tories, our industry, the great laboring force of our land,
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We thank Thee for our churches and for all who labor in the cause of right. We ask that Thou shalt minimize the efforts of those who seek to destroy that which is good and right. We thank Thee for all who are willing to assume the awesome responsibilities of governing others. We do especially thank Thee for these Senators, the Lt. Gover nor, the clerks, recorders, secretaries who labor so faith fully, earnestly, sincerely in making full their respon sibilities. We ask that Thou shalt minimize their frustrations, help them to see beyond their disappointments and realize the deep appreciation of the citizens of this State for their hours of labor and service. We do thank Thee for each of them. In Christ’s Name, Amen. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Monday, March 29, 1971 was rend and approved as corrected. KLEIN, Chairman. Report adopted. Reports of Standing Committees On motion by Senator Bivens, seconded by Senator Crutcher, the Senate recessed until 2:00 o’clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 2:00 o’clock p.m., pursuant to recess, President Pro-Tempore Ellsworth presiding. Roll call showed all members present. Prior to recess the Senate was at the Sixth Order of Business. Reports of Standing Committees March 30, 1971. The JUDICIARY AND RULES Committee reports that 5. 1003 and S. 1004 have been correctly printed. KLEIN, Chairman. On request by Senator Kidwell, granted by unanimous consent, S. 1003 and 5. 1004 were filed for second reading.
Messages from the House March 30, 1971. Mr. President: I transmit herewith H.J.R. 1 which has passed the House. FITZWATER, Chief Clerk. H.J.R. 1 was filed for first reading. Motions and Resolutions Moved by Senator Kidwell, seconded by Senator Crutcher, that all rules of the Senate interfering with the immediate consideration of S.C.R. 101 be suspended. The question being, “Shall the rules be suspended?” Roll call resulted as follows: Abrahams, Allen, Barker, Bilyeu, Bivens, AYES Brassey, Brown, Chase, Cobbs, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, High, Kidwell, Manley, Manning. Mitchell, Mix, Murphy, Peavey, Rigby, Sand berg, Solberg, Steen, Stoicheff, Swenson, Williams, Yar brough. Total—30. NAYS—None. Absent and excused—Budge, Fredericksen, Klein, Sax vik, Summers. Total—S. —
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Total—35. Whereupon the President Pro-Tempore declared the motion passed and S.C.R. 101 was before the Senate foi consideration. Moved by Senator Bivens, seconded by Senator Crutcher, that S.C.R. 101 be adopted. The question being, “Shall the resolution be adopted?” Roll call resulted as follows: Abrahams, Allen, Barker, Bilyeu, Bivens, AYES Brassey, Brown, Chase, Cobbs, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, High, Kidwell, Manley, Manning, Mitchell, Mix, Murphy, Peavey, Rigby, Sand berg, Solberg, Steen, Stoicheff, Swenson, Williams, Yar brough, Total—30. NAYS—None. Absent and excused—Budge, Fredericksen, Klein, Sax vik, Summers. Total—5. Total—35. Whereupon the President Pro-Tempore declared S.C.R. 101 adopted, title was approved and the resolution ordered transmitted to the House. Introduction, First Rending and Reference of Bills H.J.R. 1, by Ways and Means Committee, was intro duced and read the first time at length. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H.J.R. 1 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that H.J.R. 1 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Abrahams, Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Chase, Cobbs, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, High, Kidwell, Manley, Manning, Mitchell, Mix, Murphy, Peavey, Rigby, Sand berg, Solberg, Steen, Stoicheff, Swenson, Williams, Yar brough. Total—30. NAYS—None. Absent and excused—Budge, Fredericksen Klein, Sax vik, Summers. Total—5. Total—35. More than two-thirds having voted in the affirmative the President Pro-Tempore declared the rules suspended. H.J.R. 1 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the resolution be adopted?” Roll call resulted as follows: AYES Abrahams, Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Chase, Cobbs, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, High, Kidwell, Klein, Manley, Manning, Mitchell, Mix, Murphy, Peavey, Rigby, Sandberg, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—32. NAYS—None. Absent and excused—Budge, Fredericksen, Saxvik. Total —3. Total—35. —
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Whereupon the President Pro-Tempore declared H.J.R. adopted, title was approved and the resolution ordered turned to the House. S. 1005 By FINANCE COMMITTEE AN ACT Appropriating moneys from the General Fund and ales Tax Fund for deposit in the Public School Income und and appropriating moneys from the Public School icome Fund to be disbursed by the State Board of Edu tion for teacher’s retirement and the public school lucation program. S. 1006 By FINANCE COMMITTEE AN ACT Appropriating additional moneys out of the General und to the Department of Public Assistance for the urpose specified for the fiscal period ending June 30, 71; and declaring an emergency. S. 1007 By FINANCE COMMIVEE AN ACT Appropriating moneys from the funds enumerated for ie payment of operating costs and expenses of all prorams of the State Board of Health for the period July 1, )71 through June 30, 1972. S. 1008 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 63-3638, Idaho Code, as amended by hapter 14, Laws of 1971, relating to the Sales Tax Fund, striking the requirement that twenty per cent of the ales Tax Fund be distributed to the various counties mmencing July 1, 1971, and providing that fifteen per mt of the Sales Tax Fund be distributed to the various unties commencing July 1, 1970, and during each and ,ery year thereafter; and declaring an emergency. 5. 1005, S. 1006, S. 1007 and S. 1008 were introduced, ad the first time at length and referred to the Judiciary rid Rules Committee for printing. There being no objection, the Senate returned to the txth Order of Business. Reports of Standing Committees March 30, 1971. The JUDICIARY AND RULES Committee reports that 1005, S. 1006, S. 1007 and S. 1008 have been correctly rinted. KLEIN, Chairman. Senator Kidwell requested unanimous consent that S. )05, S. 1006, S. 1007 and S. 1008 be filed for second ading. Senator Evans objected. S. 1005, S. 1006 and S. 1007 were referred to the Finance ommittee. S. 1008 was referred to the State Affairs Committee. March 30, 1971. The FINANCE Committee reports out S. 1005, S. 1006 ad S. 1007 without recommendation. HIGH, Chairman. S. 1005, S. 1006 and 5. 1007 were referred to the Twelfth rder of Business, Second Reading of Bills. On request by Senator Kidwell, granted by unanimous )nsent, the Senate advanced to the Twelfth Order of usiness.
319 Second Reading of Bills Motion to Suspend Rules
Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1005 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that S. 1005 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Bivens. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Abrahams, Allen, Barker, Bivens, Brassey, Brown, Budge, Cobbs, Egbert, Ellsworth (20), Ellsworth (30), High, Kidwell, Klein, Mix, Peavey, Steen, Sum mers, Swenson, Williams, Yarbrough. Total—21. NAYS—Bilyeu, Chase, Crutcher, Evans, Fredericksen, Manley, Manning, Mitchell, Murphy, Rigby, Sandberg, Solberg, Stoicheff. Total—13. Absent and excused—Saxvik. Total—i. Total—35. Less than two-thirds having voted in the affirmative the President Pro-Tempore declared the rules were not suspended. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Kidwell, seconded by Senator Cruteher, the Senate adjourned until 10:00 o’clock a.m., Wednesday. March 31, 1971. JAMES ELLSWORTH, President Pro-Tempore. Attest: ARTHUR WILSON, Secretary. —
TENTH LEGISLATIVE DAY WEDNESDAY, MARCH 31, 1971 Senate Chamber, Boise, Idaho, March 31, 1971. President Murphy called the Senate to order at 10:00 o’clock a.m. Roll call showed all members present. The following prayer was offered by Chaplain Newell Morgan: Our Loving Father, God, Lord of Life, we acknowledge to Thee how good it is to be alive. How grateful we are to Thee for being able to love and to be loved; to have eyes that can see and enjoy the beauty about us; for ears that can hear the sounds of life about us, the words that can communicate thoughts and ideas. We thank Thee for hands that mold, make, form and express our thoughts, ideas and compassions. We thank Thee for our families, our homes with warmth and security, for our professions with the opportunities of service and rewards. Give us courage to face the deci sions, wisdom for facing the future and appreciative memory of the past. As these, our law makers, face this day with its activities and decisions, we ask of Thee Thy Presence
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SENATE JOURNAL with wisdom and guidance for each of them. We place them within Thy love, care and keeping. All this, and requests unnamed, we seek in our Lord’s Name. Amen. Reports of Standing Committees March 31, 1971. The STATE AFFAIRS Committee reports out S. 1008 without recommendation. SUMMERS, Chairman. 5. 1008 was filed for second reading. Messages from the House March 30, 1971. Mr. President: I transmit herewith H. 2 and H. 6 which have passed the House. FITZWATER, Chief Clerk. H. 2 and H. 6 were filed for first reading. Introduction, First Reading and Reference of Bills H. 2 and H. 6, by Ways and Means Committee, were in troduced and read the first time. On request by Senator Kidwell, granted by unanimous consent, H. 2 and H. 6 were filed for second reading. Second Reading of Bills 5. 1003 and 5. 1004, by State Affairs Committee, were read the second time at length and filed for third reading. S. 1005, 5. 1006 and S. 1007, by Finance Committee, were read the second time at length and filed for third reading.
title and the third time at length, section by section an placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: AYES Bilyeu, Chase, Crutcher, Egbert, Evans, Man ley, Manning, Mitchell, Mix, Murphy, Rigby, Sandber Saxvik, Solberg, Stoicheff. Total—i5. NAYS Abrahams, Allen, Barker, Bivens, Brasses Brown, Budge, Cobbs, Ellsworth (20), Ellsworth (30) Fredericksen, High, Kidwell, Klein, Peavey, Steen, Sum mers, Swenson, Williams, Yarbrough. Total—20. Total—35. Whereupon the President declared the bill lost an ordered the bill filed in the office of the Secretary o the Senate. Motion to Suspend Rules Mr. President. I move that all rules of the Senate interfering with th immediate passage of S. 1005 be suspended; that the pox tions of Section 15 Article 3 of the Constitution of th State of Idaho requiring all bills to be read on three sev eral days be dispensed with, this being a case of urgenc and that S. 1005 be read the first time by title, second tim by title, and third time at length, section by section, an be put upon its final passage, Moved by Senator Kidwell. Seconded by Senator Evans. The question being, “Shall the rules be suspended?” Roll call resulted as follows: Abrahams, Allen, Barker, Bilyeu, Bivem AYES Brassey, Brown, Budge, Chase, Cobbs, Crutcher, Egberl Ellsworth (20), Ellsworth (30), Evans, Frederickser High, Kidwell, Manley, Manning, Mitchell, Mix, Murphy Peavey, Rigby, Sandberg, Saxvik, Solberg, Steen, Stoi cheff, Summers, Swenson, Williams, Yarbrough. Total—3 NAYS None, Absent and excused Klein. Total—i. Total—35. More than two-thirds having voted in the affirmative th President declared the rules suspended. Moved by Senator Evans, seconded by Senator Manning that 5. 1005 be placed on the Fourteenth Order of Busi ness, General Calendar, for amendment. Roll call vote was requested by Senators Manning, Mit chell and Crutcher. “Shall S. 1005 be placed on the Fourteenth Order o Business, for amendment?” Roll call resulted as follows: Bilyeu, Chase, Crutcher, Egbert, Evans, Man AYES ley, Manning, Mitchell, Mix, Murphy, Rigby, Sandber Saxvik, Solberg, Stoicheff. Total—iS. NAYS Abrahams, Allen, Barker, Bivens, Brasse3 Brown, Budge, Cobbs, Ellsworth (20), Ellsworth (30] Fredericksen, High, Kidwell, Klein, Peavey, Steen, Sum mers, Swenson, Williams, Yarbrough. Total—20. Total—35. Whereupon the President declared the motion lost an S. 1005 was before the Senate for consideration, S. 1005 was read the first time by title, second time b title and the third time at length, section by section an placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” —
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Motion to Suspend Rules Mr. President. I move that all rules of the Senate interfering with the immediate passage of S. 1008 be suspended; that the por tions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three sev eral days be dispensed with, this being a case of urgency, and that 5. 1008 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Evans. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Abrahams, Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Manley, Manning, Mitchell, Mix, Murphy, Peavey, Rigby, Sandberg, Saxvik, Solberg, Steen, $toi cheff, Summers, Swenson, Williams, Yarbrough. Total—34. NAYS None. Absent and excused Klein. Total—i. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. Call of the Senate was requested by Senators Crutcher, Evans and Mix. Whereupon the President ordered the doorkeepers to lock the doors permitting no Senators or the President to leave or enter the Senate Chambers except the Sergeantat-Arms with the absent members. Roll call showed all members present. On request by Senator Crutcher, granted by unanimous consent, the Call of the Senate was lifted. 5. 1008 was read the first time by title, second time by —
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30), Fredericksen, High, Kidwell, Klein, Peavey, Rigby, olberg, Stecn, Summers, Swenson, Williams, Yarbrough. rotal—23. Bilyeu, Chase, Crutcher, Evans, Manley, Man NAYS ling, Mitchell, Mix, Murphy, Sandberg, Saxvik, Stoicheff. rotal—12. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to he House. Motion to Suspend Rules vIr. President: I move that all rules of the Senate interfering with the mmediate passage of S. 1006 be suspended; that the por ions of Section 15 Article 3 of the Constitution of the tate of Idaho requiring all bills to be read on three sev ml days be dispensed with, this being a case of urgency, tnd that S. 1006 be read the first time by title, second time y title, and third time at length, section by section, and )e put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Evans. The question being, “Shall the rules be suspended?” Roll call resulted as follows: Abrahams, Allen, Barker, Bilyeu, Bivens, AYES 3rassey, Brown, Budge, Chase, Cobbs, Crutcher Egbert, illlsworth (20), Ellsworth (30), Evans, Fredericksen, Iigh, Kidwell, Manley, Manning, Mitchell, Mix, Murphy, eavey, Rigby, Sandberg, Saxvik, Solberg, Steen, Stoi heff, Summers, Swenson, Williams, Yarbrough. Total—34. NAYS None. Klein. Total—i. Absent and excused Total—35. More than two-thirds having voted in the affirmative the Eresident declared the rules suspended. S. 1006 was read the first time by title, second time by ;itle and the third time at length, section by section and )laced before the Senate for final consideration, the ques ion being, “Shall the bill pass?” Roll call resulted as follows: AYES Abrahams, Barker, Bilyeu, Bivens, Brown, 3udge, Chase, Cobbs, Crutcher, Egbert, Ellsworth (20), lllsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Vianley, Manning, Mitchell, Mix, Murphy, Peavey, Rigby, andberg, Saxvik, Solberg, Steen, Stoicheff, Summers, wenson, Williams, Yarbrough. Total—33. NAYS None. Absent and excused Allen, Brassey. Total—2. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to :he House. Motion to Suspend Rules \‘lr. President. I move that all rules of the Senate interfering with the mmediate passage of S. 1007 be suspended; that the por ;ions of Section 15 Article 3 of the Constitution of the state of Idaho requiring all bills to be read on three sev ral days be dispensed with, this being a case of urgency, md that S. 1007 be read the first time by title, second time ) title, and third time at length, section by section, and e put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” —
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Roll call resulted as follows: AYES Abrahams, Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Manley, Manning, Mitchell, Mix, Murphy, Peavey, Rigby, Sandberg, Saxvik, Solberg, Steen, Stoi cheff, Summers, Swenson, Williams, Yarbrough. Total—34. NAYS None. Absent and excused Klein. Total—i. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. S. 1007 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: AYES Abrahams, Allen, Bivens, Brassey, Brown, Cobbs, Egbert, Ellsworth (20), Ellsworth (30), High, Kidwell, Klein, Manley, Mix, Peavey, Rigby, Sandberg, Saxvik, Solberg, Steen, Summers, Williams, Yarbrough. Total—23. NAYS Barker, Bilyeu, Budge, Chase, Crutcher, Evans, Fredericksen, Manning, Mitchell, Murphy, Stoi cheff, Swenson. Total—i2. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec onded by Senator Crutcher, the Senate recessed until 2:00 o’clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 2:00 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present, Prior to recess the Senate was at the Fifteenth Order of Business, Miscellaneous Business. There being no objection, the Senate returned to the Third Order of Business. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Tuesday, March 30, 1971 was rend and approved as corrected. KLEIN, Report adopted. Chairman. Messages from the House March 31, 1971. Mr. President: I return herewith S.C.R. 101 which has passed the House. FITZWATER, Chief Clerk. S.C.R. 101 was referred to the Judiciary and Rules Committee for enrolling. March 31, 1971. Mr. President: I transmit herewith Enrolled H.J.R. 1 which has been signed by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign Enrolled H.J.R. 1, and, when so signed, ordered it returned to the House. —
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March 31, 1971. Mr. President: I transmit herewith H. 7 and II. 9 which have passed the House. FITZWATER, Chief Clerk. H. 7 and H. 9 were ified for first reading. Introduction, First Reading and Reference of Bills H. 7 and II. 9, by Appropriations Committee, were in troduced and read the first time at length. On request by Senator Kidwell, granted by unanimous consent, H. 7 and H. 9 were filed for second reading. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Kidwell, seconded by Senator Mix, the Senate adjourned until 10:00 o’clock a.m., Thurs day, April 1, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
ELEVENTH LEGISLATIVE DAY THURSDAY, APRIL 1, 1971 Senate Chamber, Boise, Idaho, April 1, 1971. President Murphy called the Senate to order at 10:00 o’clock n.m. Roll call showed all members present. The following prayer was offered by Chaplain Newell Morgan: Our Sovereign Lord God, Thou Who art the well spring of the day, before whom there are no secrets, no mysteries, we open our hearts to Thee. As a loving child rushes impetuously into his father’s presence, we come before Thee. Help us to set aside the problems and concerns of life about us that we might in these moments give ourselves fully to Thee, drawing power from Thy glorious Presence. Be the balm of healing for those who hurt; the source of comfort to all who sorrow; the willing listener to those who cry for help. Be the impetus pushing each of us out into life that we may be the “good Samaritan” to those in need. Help us, as a nation, to be the “big brother” in more effective ways, Lead us, our Father, into ways to share, build, impart which do not demand the destroying of lives. Do bless with greater wisdom and deeper insight our President and others who seek for peace and ways of world wide brotherhood. Do be today, as each day, within this Chamber, the guide to conduct and bless each of these persons In Our Lord’s Name, Amen. Reports of Standing Committees March 31, 1971. The JUDICIARY AND RULES Committee reports that S.C.R. 101 has been correctly enrolled. KLEIN, Chairman. The President announced he was about to sign Enrolled S.C.R. 101 and when so signed ordered it transmitted to the House for the signature of the Speaker.
April 1] Messages from the House March 31, 1971,
Mr. President: I return herewith S. 1005, S. 1006 and S. 1007 whid have passed the House. FITZWATER, Chief Clerk. S. 1005, S. 1006 and S. 1007 were referred to the Judici ary and Rules Committee for enrolling. Introduction, First Reading and Reference of Bills S. 1009 By STATE AFFAIRS COMMITTEE AN ACT Repealing Section 67-202, Idaho Code; amending Chap ter 2, Title 67, Idaho Code, By the addition of a new Sec tion 67-202. Idaho Code, providing for Legislative Dis tricts, providing for a senator to be elected from each Legislative District, and providing for two representatives to be elected from each Legislative District; providin for the application of the Act and declaring an emergency S. 1009 was introduced, read the first time at length and referred to the Judiciary and Rules Committee foi printing. On motion by Senator Kidwell, seconded by Senatoi Evans, the Senate recessed until 2:00 o’clock p.m. of this day, RECESS Afternoon Session The Senate reconvened at 2:00 o’clock p.m., pursuant tc recess, President Murphy presiding. Roll call showed all members present except Senators Mitchell and Swenson, excused. Prior to recess the Senate was at the Eleventh Ordei of Business. Introduction, First Reading and Reference of Bills S. 1010 By STATE AFFAIRS COMMITTEE AN ACT Repealing Section 67-202, Idaho Code; amending Chap ter 2, Title 67, Idaho Code, by the addition of a new Sec tion 67-202, Idaho Code, providing for Legislative Dis tricts, providing for a senator to be elected from each Legislative District, and providing for two representatives to be elected from each Legislative District; providing foi the application of the Act and declaring an emergency. S. 1010 was introduced, read the first time at length awi referred to the Judiciary and Rules Committee for print ing. On request by Senator Kidwell, granted by unanimous consent, the Senate returned to the Sixth Order of Busi ness. Reports of Standing Committees April 1, 1971. The JUDICIARY AND RULES Committee reports that S. 1009 and S. 1010 have been correctly printed. KLEIN, Chairman. On request by Senator Kidwell, granted by unanimous consent, S. 1009 and S. 1010 were filed for second read ing. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Twelfth Order of Busi ness. Second Reading of Bills Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the
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mmediate passage of H. 6 be suspended; that the por :ions of Section 15 Article 3 of the Constitution of the state of Idaho requiTing all bills to be read on three 5evral days be dispensed with, this being a case of urgency, snd that H. 6 be read the first time by title, second time y title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: Abrahams, Allen, Barker, Bilyeu, Bivens, AYES Brassey, Brown, Budge, Chase, Cobbs, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, Righ, Kidwell, Klein, Manley, Manning, Mix, Murphy, Peavey, Rigby, Sandberg, Saxvik, Solberg, Steen, Stoicheff, Summers, Williams, Yarbrough. Total—33. None. NAYS Absent and excused Mitchell, Swenson. Total—2. Total—35. —
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More than two-thirds having voted in the affirmative the President declared the rules suspended. H. 6 was read the first time by title, second time by bitlé and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: Allen, Barker, Bivens, Brassey, Budge, Cobbs, AYES Ellsworth (30), High, Kidwell, Peavey, Sandberg, Wil Liams. Total—12. Abrahams, Bilyeu, Brown, Chase, Crutcher, NAYS Egbert, Evans, Fredericksen, Klein, Manley, Manning, Mix, Murphy, Rigby, Saxvik, Solberg, Steen, Stoicheff, Summers, Yarbrough. Total—20. Ellsworth (20), Mitchell, Swen Absent and excused son. Total—3. Total—35. Whereupon the President declared the bill lost and ordered H. 6 returned to the House. Senator Summers, having voted on the prevailing side by which II. 6 lost in the Senate, served notice that he may on the next legislative day move for reconsideration of the vote. The President ordered H. 6 held at the desk.. —
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Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 7 be suspended; that the por tions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three sev eral days be dispensed with, this being a case of urgency, and that H. 7 be read the first time by title, second time by title, and third time at length. section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Abrahams, Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Mix, Murphy, Peavey, Rigby, Sandberg, Saxvik, Solberg, Steen, Stoicheff, Summers, Williams, Yarbrough. Total—33. NAYS None. —
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Mitchell, Swenson. Total—2. Absent and excused Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. The President called Senator Bivens to the Chair. H. 7 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: Abrahams. Allen, Barker, Bilyeu, Bivens AYES Brassey, Brown, Budge, Chase, Cobbs, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen High, Kidwell, Klein, Manley, Manning, Mix, Murphy Peavey, Rigby, Sandberg, Saxvik, Steen, Stoicheff, Sum mers, Williams, Yarbrough. Total—32. NAYS None. Absent and excused Mitchell, Solberg, Swenson. Tote] —
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—3. Total—35. Whereupon the Acting President declared the bil] passed. Title was approved and the bill ordered returned to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 9 be suspended; that the por tions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three sev eral days be dispensed with, this being a case of urgency and that H. 9 be read the first time by title, second time by title, and third time at length, section by section, anc be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Mix. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Abrahams, Allen, Barker, Bilyeu, Bivens Brassey, Brown, Budge, Chase, Cobbs, Crutcher, Egbert Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Mix, Murphy Peavey, Rigby, Sandberg, Saxvik, $olberg, Steen, Stoicheff Summers, Williams, Yarbrough. Total—33. NAYS None. Mitchell, Swenson. Total—2. Absent and excused Total—35. More than two-thirds having voted in the affirmative the Acting President declared the rules suspended. H. 9 was read the first time by title, second time b3 title and the third time at length, section by section anc placed before the Senate for final consideration, the ques. tion being, “Shall the bill pass?’ —
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Roll call resulted as follows: Allen, Bilyeu, Brassey, Chases Cobbs, Crut AYES cher, Egbert, Evans, Kidwell, Klein, Manning, Mix, Mur phy, Rigby, Sandberg, Saxvik, Stoicheff, Summers. Tota —18. NAYS Abrahams, Barker Bivens Brown, Budge Ellsworth (20), Ellsworth (30), l’redericfsen, High, Man. ley, Peavey, Solberg, Steen, Swenson, Williams, Yar. brough. Total—16. Absent and excused Mitchell, Total—i. Total—35. —
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Paired and voting included in roll call: NAY: Swenson AYE: Summers Whereupon the Acting President declared the bill passed. Title was approved and the bill ordered returned to the House. Senator Cobbs, having voted on the prevailing side by which H. 9 passed in the Senate, served notice that he may on the next legislative day move for reconsideration of the vote. The Acting President ordered H. 9 held at the desk. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1009 be suspended; that the por bions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three sev sral days be dispensed with, this being a case of urgency, and that S. 1009 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Evans. The question being, “Shall the rules be suspended?” Roll call resulted as follows: Abrahams, Allen, Barker, Bilyeu, Bivens, AYES Brassey, Brown, Budge, Chase, Cobbs, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Manley, Manning, Mix, Murphy, Peavey, Rigby, Sandberg, Saxvik, $olberg, Steen, Stoicheff, Sum mers, Williams, Yarbrough. Total—32. None. NAYS Klein, Mitchell, Swenson. Total Absent and excused —3. Total—35. More than two-thirds having voted in the affirmative the Acting President declared the rules suspended. On request by Senator Kidwell, granted by unanimous consent, S. 1009 retained its place on the Twelfth Order f Business, Second Reading of Bills. —
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Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1010 be suspended; that the por bions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three sev sral days be dispensed with, this being a case of urgency, and that S. 1010 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Abrahams, Allen, Barker, Bilyeu, Bivens, Brassey, Brown, Budge, Chase, Cobbs, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Manley, Manning, Mix, Murphy, Peavey, Rigby, Sandberg, Saxvik, Solberg, Steen, Stoicheff, Sum rners, Williams, Yarbrough. Total—32. NAYS None. Klein, Mitchell, Swenson. Total Absent and excused —3. Total—35. —
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More than two-thirds having voted in the affirmative the Acting President declared the rules suspended. The President returned to the Chair. Call of the Senate was requested by Senators Bivens, Murphy and Peavey. Whereupon the President ordered the doorkeepers to lock the doors permitting no Senators or the President to leave or enter the Senate Chambers except the Sergeantat-Arms with the absent members. Roll call showed Senators Klein, Mitchell and Swenson, absent and excused. On request by Senator Bivens, granted by unanimous consent, the Call of the Senate was lifted. S. 1010 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: AYES—Bilyeu, Brown, Chase, Crutcher Eghert, Evans, Fredericksen, Manley, Mitchell, Mix, l(furphy, Rigby, Sandberg, Saxvik, Solberg, Stoicheff. Total—16. Abrahams, Allen, Barker, Bivens, Brassey, NAYS Budge, Cobbs, Ellsworth (20), Ellsworth (30), High, Kidwell, Klein, Manning, Peavey, Steen, Summers, Wil liams, Yarbrough. Total—18. Absent and excused—Swenson. Total—i, Total—35. Paired and voting included in the roll call: AYE: Mitchell NAY: Klein Whereupon the President declared the bill lost and ordered it filed in the office of the Secretary of the Senate. Senator Manning, having voted on the prevailing side by which S. 1010 lost in the Senate served notice that he may on the next legislative day move for reconsidera tion of the vote. The President ordered S. 1010 held at the desk. On request by Senator Kidwell granted by unanimous consent, S. 1009 was before the enate for consideration the rules having previously been suspended. S. 1009 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Abrahams, Allen, Barker, Bivens, Brassey, Brown, Budge, Cobbs, Ellsworth (20), Ellsworth (30), High, Klein, Steen, Swenson, Williams, Yarbrough. Total —
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NAYS—Bilyeu, Chase, Crutcher, Egbert, Evans, Fred ericksen, Kidwell, Manley, Manning, Mitchell, Mix, Mur phy, Peavey, Rigby, Sandberg, Saxvik, Solberg, $toicheff, Summers. Total—19. Total—35. Paired and voting in the roll call: AYE: Swenson NAY: Summers AYE: Klein NAY: Mitchell Whereupon the President declared the bill lost and ordered it filed in the office of the Secretary of the Senate. Senator Kidwell, having voted on the prevailing side by which S. 1009 lost in the Senate, served notice that he may on the next legislative day move for reconsidera tion of the vote. The President ordered S. 1009 held at the desk.
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tApril 2
There being no objection, H. 2 retained its place on the Second Reading Calendar. Third Reading of Bills On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. There being no objection, S. 1003 and S. 1004 retained their place on the Third Reading of Bills. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec onded by Senator Crutcher, the Senate adjourned until 10:00 o’clock a.m., Friday, April 2, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
TWELFTH LEGISLATIVE DAY FRIDAY, APRIL 2, 1971 Senate Chamber, Boise, Idaho, April 2, 1971. order at 10:00 Senate to the called President Murphy o’clock a.m. Roll call showed all members present. The following prayer was offered by Chaplain Newell Morgan: Gracious God and Father, as through the weeks we have stood before Thee seeking understanding and guid ance, for the answering of these group prayers and each private prayer, we thank Thee. We realize that many for times of added times we have not been sufficient wisdom we thank Thee. In the waning hours of these Legislative Sessions, we ask Thy divine blessing upon all who have labored through the many hours, each Senator, the President of the Senate, the Secretaries, the Clerks, the Recorders, the Pages, the Hostesses, the Sergeants-at-Arms, and those who attend the doors. We thank Thee for their willing, dedicated service. May they each feel repaid and blessed through these experi ences. As they return to homes, businesses, professions, fam ilies, other responsibilities, be with them always, in their day by day living. We thank Thee that human and divine wisdom can function so well to produce and safeguard the dignity and freedom of mankind. We thank Thee for Thy constant love and willing forgiveness. In Our Lord’s Name, Amen. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Wednesday, March 31, 1971 was read and approved as corrected. —
KLEIN, Report adopted.
Chairman.
Reports of Standing Committees April 1, 1971. The JUDICIARY AND RULES Committee reports that S. 1005, S. 1006 and S. 1007 have been correctly enrolled. KLEIN,
Chairman.
The President announced he was about to sign Enrollec S. 1005, S. 1006 and 5, 1007, and, when so signed, orderec them transmitted to the House for the signature of tlu Speaker. Messages from the House April 1, 1971. Mr. President: I return herewith Enrolled S.C.R. 101 which has beei signed by the Speaker. FITZ WATER,
Chief Clerk.
Enrolled S.C.R. 101 was referred to the Judiciary an Rules Committee for transmittal to the Secretary 0: State. April 1 1971. Mr. President: I transmit herewith H. 10 which has passed the House FITZWATER, Chief Clerk. H. 10 was filed for first reading. April 2, 1971. Mr. President: I transmit herewith H. 13 which has passed the House FITZWATER, Chief Clerk. H. 13 was filed for first reading. Motions and Resolutions Senator Peavey, having voted on the prevailing side by which S. 1010 lost in the Senate, moved that the vot be now reconsidered. Seconded by Senator Bivens. Roll call vote was requested by Senators Evans, Mb and Crutcher. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES—Bilyeu, Chase, Crutcher, Egbert, Evans, Fred ericksen, Manley, Manning, Mitchell, Mix, Murphy, Rigby Sandberg, Saxvik, Solberg, Stoicheff. Total—16. Abrahams, Allen, Barker, Bivens, Brassey NAYS Brown, Budge, Cobbs, Ellsworth (20), Ellsworth (30) High, Kidwell, Klein, Peavey, Steen, Summers, Swenson Williams, Yarbrough. Total—19, Total—35. Whereupon the President declared the motion lost an ordered S. 1010 filed in the office of the Secretary o: the Senate. Senator Kidwell, having voted on the prevailing sid by which S. 1009 lost in the Senate, moved that the vot be now reconsidered. Seconded by Senator Brassey. Roll call vote was requested by Senators Evans, Mt and Manning. The question being, “Shall the motion pass?” Roll call resulted as follows: Abrahams, Allen, Barker, Bivens, Brasses AYES Brown, Budge, Cobbs, Egbert, Ellsworth (20), Ellswort] (30), High, Kidwell, Klein, Steen, Summers, Swenson, Wil hams, Yarbrough. Total—19. Bilyeu Chase, Crutcher, Evans, Frederickser NAYS Manley, Manning, lVfltchell, Mix, Murphy, Peavey, Rigb Sandberg, Saxvik, Solberg, Stoicheff. Total—16. Total—35. Whereupon the President declared the motion passe and S. 1009 was before the Senate for consideration. S. 1009 was read the third time at length, section B; section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” —
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Roll call resulted as follows: Abrahams, Allen, Barker, Bivens, Brassey, AYES Brown, Cobbs, Egbert, Ellsworth (20), Ellsworth (30), High, Kidwell, Klein, Steen, Swenson. Williams, Yar brough. Total—if. NAYS Bilyeu, Budge, Chase, Crutcher, Evans, Fred ericksen, Manley, Manning, Mitchell, Mix, Murphy, Peavey, Rigby, Sandberg, Saxvik, Solberg, Stoicheff, Summers, Total—18. Total—35. Whereupon the President declared the bill lost and ordered it filed in the office of the Secretary of the Senate. Senator Cobbs having voted on the prevailing side by which II. 9 passed in the Senate, moved that the vote be now reconsidered. Seconded by Senator Bivens. Roll call vote was requested by Senators Cobbs, Barker and Mitchell. Call of the Senate was requested by Senators Bivens, Crutcher and Sandberg. Whereupon the President ordered the doorkeepers to lock the doors permitting no Senators or the President to leave or enter the Senate Chambers except the Sergeant at-Arms with the absent members. Roll call showed all Senators present. On request by Senator Bivens, granted by unanimous consent, the Call of the Senate was lifted. The question being, “Shall the vote by which H. 9 passed in the Senate, be reconsidered?” —
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Roll call resulted as follows: AYES Abrahams, Allen, Barker, Bivens, Brown, Budge, Cobbs, Egbert, Ellsworth (20). Ellsworth (30), High, Manley, Peavey, Solberg, Steen, Swenson, Williams, Yarbrough. Total—iS. NAYS Bilyeu, Brassey, Chase, Crutcher, Evans, Fredericksen, Kidwell, Klein, Manning Mitchell, Mix, Murphy, Rigby, Sandberg, Saxvik, Stoicheff, Summers. Total—if. Total—35. Whereupon the President declared the motion passed and H. 9 was before the Senate for consideration. —
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Call of the Senate was requested by Senators Bivens, Murphy and Crutcher. Whereupon the President ordered the doorkeepers to lock the doors permitting no Senators or the President to leave or enter the Senate Chambers except the Sergeantat-Arms with the absent members. Roll call showed all members present. On request by Senator Bivens, granted by unanimous consent, the Call of the Senate was lifted. II. 9 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Bilyeu, Brassey, Chase, Crutcher, Egbert, Evans, Kidwell, Klein, Manning, Mitchell, Mix, Murphy, Rigby, Sandberg, Saxvik, Stoicheff, Summers. Total—if. —
NAYS Abrahams, Allen. Barker, Bivens, Brown, Budge, Cobbs, Ellsworth (20), Ellsworth (30), Frederick sen, High, Manley, Peavey, Solberg, Steen, Swenson, Wil liams, Yarbrough. Total—i8. Potal—35. Whereupon the President declared the bill lost and ordered it returned to the House. —
April 2]
On motion by Senator Kidwell, seconded by Senatoi Crutcher, the Senate recessed until 2:00 o’clock p.m of this day. RECESS Afternoon Session The Senate reconvened at 2:00 o’clock p.m., pursuant t recess, President Murphy presiding. Roll call showed all members present. Prior to recess the Senate was at the Tenth Order o:t Business. Motions and Resolutions Senator Summers, having previously served proper notice, moved that the vote by which H. 6 lost in the Senate, be now reconsidered. Seconded by Senator Barker. Roll call vote was requested by Senators Kidwell, Bivens and Barker. The question being, “Shall the motion pass?” Roll call resulted as follows: Abrahams, Allen, Barker, Bivens, Brassey, AYES Brown, Budge, Cobbs, Ellsworth (20), Ellsworth (30), High, Kidwell, Klein, Peavey, Steen, Summers, Swenson, Williams, Yarbrough. Total—19. NAYS—Bilyeu, Chase, Crutcher, Evans, Fredericksen, Manley, Manning, Mitchell, Mix, Murphy, Rigby, Sand berg, Saxvik, Stoicheff. Total—i4. Absent and excused—Egbert, Solberg. Total—2. Total—35. Whereupon the President declared the motion passed and H. 6 was before the Senate for consideration. H. 6 was read the third time at length, section by section and placed before the Senate for final considera tion, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Abrahams, Allen, Barker, Bivens, Brassey, Brown, Budge, Cobbs, Ellsworth (20), Ellsworth (30) High, Kidwell, Klein, Peavey, $andberg, Steen, Sum mers, Swenson, Williams, Yarbrough. Total—20. NAYS—Bilyeu, Chase, Crutcher, Eghert, Evans, Fred ericksen, Manley, Manning, Mitchell, Mix, Murphy, Rigby, Saxvik, Solberg, Stoicheff, Total—i5, Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned te the House. Introduction, First Reading and Reference of Bills H. 10, by Onweiler and Haakenson, was introduced, read the first time at length. H. 13, by Ways and Means Committee, was introduced and read the first time at length. Senator Kidwell requested unanimous consent, that H. 1J and H. 13 be referred to the Second Reading Calendar. Senator Evans objected. Senator Evans withdrew his objection to II. 10 and H. 13 being referred to the Second Reading Calendar. There being no objection, H. 10 and H. 13 were filed for second reading. Second Reading of Bills Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 2 be suspended; that th portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on threE —
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[April 2
several days be dispensed with, this being a case of argency, and that H. 2 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Abrahams, Allen, Barker, Bilyeu, Bivens, Brown, Budge, Cobbs, Crutcher, Eghert, Ellsworth (20), Ells worth (30), Evans Fredericksen, High Kidwell, Klein, Manley, Mitchell, lix, Murphy, Peavey, Iigby, Sandberg, Solberg, Steen, Stoicheff, Summers, Swenson, Williams. Total—SO. NAYS—Chase, Manning. Total—2. Brassey, Saxvik, Yarbrough. Absent and excused Total—3. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. H. 2 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: Abrahams, Allen, Barker, Bivens, Brassey, AYES Brown, Budge, Cobbs, Ellsworth (20), Ellsworth (30), High, Kidwell, Klein, Manley, Peavey, Steen, Summers, Swenson, Williams, Yarbrough. Total—20. NAYS—Bilyeu, Chase, Crutcher, Egbert, Evans, Fred ericksen, Manning, Mitchell, Mix, Murphy, Rigby, Sand berg, Saxvik, Solberg, Stoicheff. Total—15. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of H. 10 be suspended; that the por tions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three sev eral days be dispensed with, this being a case of urgency, and that H. 10 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: Abrahams, Allen, Barker, Bilyeu, Bivens, AYES Brown, Budge, Cobbs, Crutcher, Egbert. Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Mitchell, Mix, Murphy, Peavey, Rigby, Sandberg, Solberg, Steen, Stoicheff, Summers, Swenson, Williams. Total—30. NAYS Chase, Manning. Total—2. Brassey, Saxvik, Yarbrough. Absent and excused Total—3. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. H. 10 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass ?“ —
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Roll call resulted as follows: Abrahams, Bilyeu, Bivens, Brassey, Cobbs AYES Crutcher, Evans, Fredericksen, Manley, Manning, Mix Murphy, Rigby, Sandberg, Saxvik, Stoicheff, Summers Swenson, Yarbrough. Total—19. Allen, Barker, Brown, Budge, Egbert, Ella NAYS worth (20), Ellsworth (30), High, Klein, Peavey, Solberg Steen, Williams. Total—13. Chase, Kidwell, Mitchell. Tota Absent and excused —3. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to th House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with th immediate passage of H. 13 be suspended; that the por tions of Section 15 Article 3 of the Constitution of th State of Idaho requiring all bills to be read on three sev eral days be dispensed with, this being a case of urgency and that H. 13 be read the first time by title, second tim by title, and third time at length, section by section, an be put upon its final passage. Moved by Senator Bivens. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: Abrahams, Allen, Barker, Bilyeu, Bivens AYES Brown, Budge, Cobbs, Crutcher, Egbert. Ellsworth (20) Ellsworth (30), Evans, Fredericksen, High, Kidwell, Kleie Manley, Mitchell, Mix, Murphy, Peavey, Rigby, Sandber Solberg, Steen, Stoicheff, Summers, Swenson, Williams Total—30. NAYS Chase, Manning. Total—2. Brassey, Saxvik, Yarbrougl Absent and excused Total—3. Total—35. More than two-thirds having voted in the affirmative th President declared the rules suspended. Senator High requested unanimous consent that H. 1 be placed on the Fourteenth Order of Business, Geners Calendar, for amendment. Senator Brassey objected. On motion by Senator High, seconded by Senator Mur phy, H. 13 was placed on the Fourteenth Order of Busi ness, General Calendar, for amendment. On request by Senator Kidwell, granted by unanimou consent, the Senate advanced to the Eleventh Order o Business. Introduction, First Reading and Reference of Bills S. 1011 By STATE AFFAIRS COMMITTEE AN ACT Repealing Section 67-202, Idaho Code; amending Char ter 2, Title 67, Idaho Code, by the addition of a new Sec tion 67-202, Idaho Code, providing for Legislative Di tricts, providing for a senator to be elected from eac Legislative District, and providing for two representative to be elected from each Legislative District; providing ft the application of the Act and declaring an emergency. S. 1011 was introduced, read the first time at lengt and referred to the Judiciary and Rules Committee fc printing. There being no objection, the Senate returned to tl Sixth Order of Business. —
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Reports of Standing Committees April 2, 1971. The JUDICIARY AND RULES Committee reports that 5. 1011 has been correctly printed. KLEIN, Chairman. On request by Senator Kidwell, granted by unanimous consent, S. 1011 was filed for second reading. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Thirteenth Order of Business. Third Reading of Bills There being no objection, 5. 1003 and S. 1004 retained their place on the Third Reading Calendar. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec onded by Senator Crutcher, the Senate adjourned until 10:30 o’clock a.m., Monday, April 5, 1971. Attest: ARTHUR WILSON Secretary.
JACK MURPHY, President.
FIFTEENTH LEGISLATIVE DAY MONDAY, APRIL 5, 1971 Senate Chamber, Boise, Idaho April 5, 1971. President Murphy called the Senate to order at 10:30 o’clock n.m. Roll call showed all members present. The following prayer was offered by Chaplain Newell Morgan: With words of praise we greet Thee, our Father God. With what shall we come before Thee? Row can we best show our love, except in the rededication of our lives to Thee and to the service of those about us. As the Christ expressed His concern for men of every station, may we be as impartial. Help us to always love others before self. Do help us to be heralds of truth; evangels of true patri otism; defenders of law and order; our loyalty to Thee and our Nation as a never ending stream, cool and delightful. As our Nation is symbolized by the noble eagle gliding in majestic freedom through the blue vault of the heavens, help us to as jealously guard our inherited freedom. As our Nation is symbolized by that “grand old flag” o resplendent in its vivid red, white and blue help us to as valiantly contend in the struggle to maintain our price less freedoms as did those who, locked in mortal combat, willingly gave their lives that we might have. May all who seek to govern others, our Father, sense lhe haunting presence of the heroic past. In Our Lord’s Name, Amen. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that bhe Senate Journal of the proceedings of Thursday, April L, 1971, was read and approved as corrected. KLEIN, Chairman. Report adopted.
April 5]
Reports of Standing Committees April 2, 1971. The JUDICIARY AND RULES Committee reports thai S.C.R. 101 was delivered to the Secretary of State al 11:00 o’clock a.m. on April 2, 1971. KLEIN, Chairman. The President ordered the report filed in the office of the Secretary of the Senate. On motion by Senator Kidwell, seconded by Senator Manning, the Senate recessed until 2:00 o’clock p.m. o this day. RECESS Afternoon Session The Senate reconvened at 2:00 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present. Prior to recess the Senate was at the Sixth Order o] Business, Reports of Standing Committees. Messages from the House April 5, 1971. Mr. President: I transmit herewith H.J.M. 1 which has passed the House. FITZWATER, Chief Clerk. H.J.M. 1 was referred to the Tenth Order of Business, Motions and Resolutions. April 5, 1971. Mr. President: I transmit herewith Enrolled H. 7 which has been signed by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign Enrolled H. 7, and when so signed, ordered it returned to the House. April 2, 1971. Mr. President: I return herewith Enrolled S. 1005, S. 1006 and 5. 1007 which have been signed by the Speaker. FITZWATER, Chief Clerk. Enrolled S. 1005, S. 1006 and S. 1007 were referred to the Judiciary and Rules Committee for transmittal to the Governor. Motions and Resolutions The following memorial was read at length by the Secretary: H.J.M. 1 By CLAIBORN, REID AND SNOW A JOINT MEMORIAL To the Honorable Senate and House of Representatives of the United States in Congress assembled, and the Honorable delegation representing the State of Idaho in the Congress of the United States. We, your Memorialists, the Senate and the House of Representatives of the state of Idaho assembled in the First Extraordinary Session of the Forty-first Idaho Legis lature, do hereby respectfully represent that: WHEREAS, the pursuit of agriculture generates one billion two hundred million dollars in personal income for the citizens of the state of Idaho, and WHEREAS, fifty-three thousand citizens of the state of Idaho are agricultural employees, and WHEREAS, recent regulations imposed by the Bureau of Motor Carrier Safety of the Department of Transporta tion have classified farm trucks as commercial motor vehicles, thereby prohibiting their operation by anyone
April 5
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inder the age of twenty-one, and the effect of such ,rohibitive restrictions places an unnecessary and un reasonable burden upon the success of any farming opera Jon, and WHEREAS, under present regulations duly and lawfully romulgated by the state of Idaho which reasonably egulate this area to the end that farm vehicles are )perated in a safe and prudent manner so as to protect the public, NOW, THEREFORE, BE IT RESOLVED by the First llxtraordinary Session of the Forty-first Idaho Legisla ;ure, the Senate and the House of Representatives con :urring therein, that we most respectfully urge the Con ress of the United States of America to take such ac Jon as is necessary to render null and void those regula bions promulgated by the Department of Transportation vhich classifies farm vehicles as commercial vehicles. BE IT FURTHER RESOLVED that the Chief Clerk f the House of Represenatives be, and she is hereby iuthorized and directed to forward copies of this Memo tial to the President of the Senate and the Speaker of the House of Represenatives of Congress, and to the Senators and Representatives representing this state in the Congress of the United States. H.J.M. 1 was ordered held at the desk for two legis lative days. Introduction, First Reading and Reference of Bills S. 1012 By STATE AFFAIRS COMMITTEE ANACT Repealing Section 67-202, Idaho Code; amending Chap ter 2, Title 67, Idaho Code, by the addition of a new Sec tion 67-202, Idaho Code, providing for legislative districts, providing for a Senator to be elected from each legisla tive district, and providing for two represenatives to be elected from each legislative district; providing for the application of the act and declaring an emergency. S. 1013 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 34-1902, Idaho Code, relating to the First Congressional District, by striking Elmore County and certain precincts of Ada County therefrom; amend ing Section 34-1903, Idaho Code, relating to the Second Congressional District, by adding Elmore County and certain precincts of Ada County thereto. S. 1014 By STATE AFFAIRS COMMITTEE AN ACT Repealing Section 67-202, Idaho Code; amending Chap ter 2, Title 67, Idaho Code, by the addition of a new Section 67-202, Idaho Code, providing for legislative dis tricts, providing for a senator to be elected from each legislative district, and providing for two representatives to be elected from each legislative district; providing for the application of the act and declaring an emergency. S. 1015 By STATE AFFAIRS COMMITTEE AN ACT Repealing Section 67-202, Idaho Code; amending Chap ter 2, Title 67, Idaho Code, by the addition of a new Section 67-202, Idaho Code, providing for legislative dis tricts, providing for a senator to be elected from each legislative district, and providing for two representatives to be elected from each legislative district; providing for the application of the act and declaring an emergency. S. 1016 By STATE AFFAIRS COMMITTEE ANACT Relating to the discount on liquor; amending Section
23-217, Idaho Code, to provide that the five percent dis count allowed licensees on unbroken case lots be raised to seven percent. 5. 1012, S. 1013, S. 1014, S. 1015 and S. 1016 were intro duced, read the first time at length and referred to the Judiciary and Rules Committee for printing There being no objection, the Senate returned to the Sixth Order of Business. Reports of Standing Committees April 5, 1971. The JUDICIARY AND RULES Committee reports that S. 1012, S. 1013, S. 1014, S. 1015 and S. 1016 have been correctly printed. KLEIN, Chairman. On request by Senator Kidwell, granted by unanimous consent, S. 1012, S. 1013, S. 1014, S. 1015 and S. 1016 werc filed for second reading. Second Reading of Bills Motion to Suspend Rules Mr President: I move that all rules of the Senate interfering with thc immediate passage of S. 1012, be suspended; that thE portions of Section 15. Article 3, of the Constitution o the State of Idaho requiring all bills to be read on threE several days be dispensed with, this being a case of urgency, and that 5. 1012 be read the first time by title second time by title, and third time at length, sectios by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Evans. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Abrahams, Allen, Barker, Bilyeu, Bivens, Brown Budge, Chase, Cobbs, Crutcher, Egbert, Ellsworth (20) Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein Manley, Mitchell, Mix, Murphy, Peavey, Rigby, Sandberg Saxvik, Solberg, Steen, Stoicheff Summers. Swenson, Wil hams, Yarbrough. Total—33 NAYS—None. Absent and Excused—Brassey, Manning. Total—2. Total—35. More than two-thirds having voted in the affirmativ the President declared the rules suspended. 5. 1012 was read the first time by title, second time b3 title and the third time at length, section by section anc placed before the Senate for final consideration, th question being, “Shall the bill pass?” Roll call resulted at follows: AYES Abrahams, Allen, Barker, Bivens, Brown Budge, Cobbs, Ellsworth (20), Ellsworth (30), High, Kid well, Klein, Peavey, Steen, Summers, Swenson, Williams Yarbrough. Total—18. NAYS—Bilyeu, Brassey, Chase, Crutcher, Egbert Evans, Fredericksen, Manley, Manning, Mitchell, Mix Murphy, Rigby, Sandberg, Saxvik, Solberg, Stoicheff. Tota —17. Total—35. Whereupon the President declared the bill passed. Tithi was approved and the bill ordered transmitted to thi House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering wit] the immediate passage of S. 1014 be suspended; that th portions of Section 15, Article 3 of the Constitution 0: the State of Idaho requiring all bills to be read on thre —
SENATE JOURNAL several days be dispensed with, this being a case of urgency, and that S. 1014 be read the first time by trtle, second time by title, and third time at length, section by section. and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Abrahams, Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredricksen, High, Kidwell, Klein, Manley, Mitchell, Mix, Murphy, Peavey, Rrgby, Sandberg, Saxvik, Solberg, Steen, Stoicheff. Summers, Swenson, Williams. Yarbrough. Total—33. NAYS—None. Absent and excused—Brassey, Manning. Total—2. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. S. 1014 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Bilyeu, Brassey, Chase, Crutcher, Evans, Fred ericksen, Mitchell, Mix, Murphy, Sandberg, Saxvik, Sol berg. Total—12. NAYS Abrahams, Allen, Barker, Bivens, Brown, Budge. Cobbs. Egbert. Ellsworth (20). Ellsworth (30)High, Kidwell, Klein, Manley, Manning, Peavey, Rigby, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—23. Total—35, Whereupon the President declared S. 1014 lost and ordered it filed in the office of the Secretary of the Senate. Senator Manning, having voted on the prevailing side by which S. 1014 lost in the Senate, served notice that he may on this or the next legislative day move for reconsideration of the vote. The President ordered S. 1014 held at the desk. —
Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1011 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that S. 1011 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Abrahams, Allen, Barker, Bilyeu, Bivens, Brown, Budge, Chase, Cobbs, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Mitchell, Mix, Murphy, Peavey, Rigby, Sandberg, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough, Total—33. NAYS—None. Absent and excused—Brassey, Manning. Total—2. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended —
April 5
S. 1011 was read the first time by title second tim by title and the third time at length, section fy section an placed before the Senate for final consideration, th question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Abrahams, Allen, Barker, Bivens, Brasse3 Brown, Cobbs, Ellsworth (20), Ellsworth (30), Higl Kidwell, Klein, Steen, Summers, Swenson, Williams, Yar brough. Total—if. NAYS—Bilyeu, Budge Chase, Crutcher, Egbert Evans Fredricksen, Manley, lanning Mitchell, Mix, i’Iurph Peavey, Rigby, Sandberg, Saxvik, Solberg, Stoicheff. Tota —18. Total—35. Whereupon the President declared the bill lost am ordered it filed in the office of the Secretary of th Senate. Senator Budge, having voted on the prevailing side b1 which 5. 1011 lost in the Senate, served notice that h may on this or the next legislative day move for recon sideration of the vote. The President ordered S. 1011 held at the desk. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with th immediate passage of S. 1015 be suspended; that the por tions of Section 15. Article 3, of the Constitution of th State of Idaho requiring all bills to be read on thre several days be dispensed with, this being a case 0: urgency, and that S. 1015 be read the first time by title second time by title, and third time at length, section b: section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYE S—Abrahams, Allen, Barker, Bilyeu, Bivens Brown, Budge. Chase, Cobbs, Crutcher, Egbert, fllswortl (20), Ellsworth (30), Evans, Fredricksen, High, Kidwel] Klein, Manley, Mitchell, Mix Murphy, Peavey, Rigby Sandberg, Saxvik, Solberg, teen, Stoicheff, Summers Swensen, Williams, Yarbrough. Total—33. NAYS—None. Absent and Excused—Brassey, Manning, Total—2. Total—35. More than two-thirds having voted in the affirmativi the President declared the rules suspended. S. 1015 was read the first time by title, the secorn time by title and the third time at length, section 1,3 section and placed before the Senate for final consider ation, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES—Bilyeu, Chase, Crutcher, Evans, Manley, Man fling, Mitchell, Mix, Murphy. Sandberg, Saxvik, Solberg Stoicheff. Total—13. NAYS—Abrahams, Allen, Barker, Bivens, Brassey Brown, Budge, Cobbs, Egbert, Ellsworth (20), Ellswort} (30), Fredricksen, High, Kidwell, Klein, Peavey, Rigby Steen, Summers, Swensen, Williams, Yarbrough. Total— 22. Total—35 Whereupon the President declared the bill lost anc ordered it filed in the office of the Secretary of thE Senate. Senator Egbert, having voted on the prevailing side b3 which 5. 1015 lost in the Senate served notice that h
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nay on this or the next legislative day move for recon ideration of the vote. The President ordered S. 1015 held at the desk. Motion to Suspend Rules tr. President: I move that all rules of the Senate interfering with the mmediate passage of S. 1016 be suspended; that the por ions of Section 15. Article 3, of the Constitution of the tate of Idaho requiring all bills to be read on three everal days be dispensed with, this being a case of Lrgency, and that S. 1016 be read the first time by title, econd time by title, and third time at length, section by ection, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Murphy. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Abrahams, Allen, Barker, Bilyeu, Bivens, 3rown, Budge. Chase, Cobbs, Crutcher, Egbert, Ellsworth 20), Ellsworth (30), Evans! Fredricksen, High, Kidwell, Clein, Manley, Mitchell, Mix Murphy, Peavey, Rigby, andberg, Saxvik, Solberg, teen, Stoicheff, Summers, 3wenson, Williams, Yarbrough. Total—33. NAYS—None. Absent and Excused—Brassey, Manning. Total—2. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. On request by Senator Murphy, granted by unanimous onsent, S. 1016 was placed on the Fourteenth Order )f Business, General Calendar, for amendment. On request by Senator Kidwell, granted by unanimous onsent, the Senate advanced to the Fourteenth Order of Business. General Calendar The President declared the Senate recessed and called Senator Bivens to the Chair to preside during the sitting Df the Committee of the Whole. Following the adjournment of the Committee of the Whole, the President called the Senate to order.
Report of the Committe of the Whole Senator Bivens, Chairman of the Committee of the Whole, reported out H. 13 without amendment and without recommendation. The Committee also has S. 1016 under consideration, report progress and beg leave to sit again. BIVENS, Chairman. On motion by Senator Bivens, seconded by Senator Mix, the report was adopted. H. 13 was filed for second reading. There being no objection the Senate returned to the Eleventh Order of Business. Introduction. First Reading and Reference of Bills 5. 1017 By STATE AFFAIRS COMMITTEE AN ACT Repealing Section 67-202, Idaho Code; amending Chapter 2, Title 67, Idaho Code, by the addition of a new section 67-202. Idaho Code, providing for Legislative Districts, providing for a Senator to be elected from each Legislative District, and providing for two Representatives to be elected from each Legislative District; providing for the application of the act and declaring an emergency.
331
S. 1018 By STATE AFFAIRS COMMITTEE AN ACT Repealing Section 67-202, Idaho Code; amending Chapter 2, Title 67, Idaho Code, by the addition of a new section 67-202, Idaho Code, providing for Legislative Districts, providing for a Senator to be elected from each Legislative District, and providing for two Representatives to be elected from each Legislative District, providing for the application of the Act and declaring an emergency. S. 1017 and S. 1018 were introduced, read the first time at length and referred to the Judiciary and Rules Commit tee for printing. There being no objection, the Senate returned to the Sixth Order of Business. Reports of Standing Committees April 5, 1971. The JUDICIARY AND RULES Committee reports that S. 1017 and S. 1018 have been correctly printed. KLEIN, Chairman. On request of Senator Kidwell, granted by unanimous consent, S. 1017 and S. 1018 were filed for second reading. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Twelfth Order of Business. Second Reading of Bills On request by Senator Kidwell, granted by unanimous consent, H. 13 was before the Senate for consideration, the rules having previously been suspended. H. 13 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” Roll call resulted as follows: AYES—Barker, Bilyeu, Bivens, Brassey, Chase, Cobbs, Crutcher, Ellsworth (20), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Mitchell, Mix, Murphy, Rigby, Sandberg, Saxvik, Solberg, Stoicheff, Summers, Swenson, Williams. Total—26. NAYS—Brown, Budge, Eghert, Peavey, Steen, Yar brough. Total—6. Absent and excused—Abrahams, Allen, Ellsworth (30) Total—3. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned tc the House. There being no objection, 5, 1013 retained its place or the Second Reading Calendar. Third Reading of Bills There being no objection, S. 1003 and S. 1004 retainec their places on the Third Reading Calendar, On request by Senator Kidwell, granted by unanimow consent, the Senate advanced to the Fifteenth Order o Business. Miscellaneous Business On motion by Senator Kidwell, seconded by Senatoi Crutcher, the Senate adjourned until 10:00 o’clock a.m. Tuesday, April 6, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
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Senate Chamber, Boise, Idaho, April 6, 1971. President Murphy called the Senate to order at 10:00 o’clock a.m. Roll call showed all members present. The following prayer was offered by Chapain Newell Morgan: Almighty and everlasting God, as we bow in this quiet moment, dedicated to the unseen and eternal, confirm, we beseech Thee, our abiding faith. Help us to build upon the Foundations of liberty, freedom and self-government as left for us by our founding fathers. Keep us alive and alert, we beseech Thee, to all the values that are so basic to life today. In our search for satisfaction and solutions, help us to remember we are but a prayer away from Thee as the source of true wisdom and divine guidance. To these who stand now before Thee, those elected to help make laws and decisions for the peoples of this State, grant them right judgment in all things. Grant them the sustaining grace both to will and to do the things that are good and acceptable in Thy sight. So bless them this day. In the Redeemer’s Name, Amen. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of Friday, April 2, 1971 was read and approved as corrected. KLEIN, Chairman. Report adopted. Reports of Standing Committees The JUDICIARY AND RULES Committee reports that S. 1005, S. 1006 and S. 1007 were delivered to the Gover nor at 5:00 o’clock p.m. on April 5, 1971. KLEIN, Chairman The report was ordered filed in the office of the Secre tary of the Senate. On motion by President Pro-Tempore Ellsworth, sec onded by Senator Egbert, the Senate recessed until 2:00 o’clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 2:00 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present except Senator Bilyeu, excused. Prior to recess the Senate was at the Sixth Order of Business, Reports of Standing Committees.
Motions and Resolutions Moved by Senator Kidwell, seconded by Senator Crutcher, that all rules of the Senate interfering with the immediate consideration of H.J.M. 1 be suspended. The question being, “Shall the motion pass?” Roll call resulted as follows: AYES Abrahams, Allen, Barker, Bivens, Brassey, Brown, Chase, Cobbs, Crutcher, Egbert, F llsworth (20), Ellsworth (30), Evans, Fredericksen, Kidwell, Manley, Maiming, Mitchell, Mix, Murphy, Rigby, Sandberg, Sax vik, Solberg, Steen, Stoicheff, Swenson, Williams, Total —28. —
April 6
NAYS—None. Absent and excused Bilyeu Budge, High, Klei; Peavey, Summers, Yarbrough. Total—7. Total—35. More than two-thirds having voted in the affirmativ the President declared the rules suspended and that H.Ji 1 was now before the Senate for consideration. On motion by Senator Bivens, seconded by Senate Crutcher, H.J.M. 1 was adopted, title was approved and th memorial ordered returned to the House. Introduction, First Reading and Reference of Bills The President announced that S. 1011, S. 1014 an S. 1015 being held at the desk for possible reconsiders tion and no motion of reconsideration having been serve ordered the bills filed in the oflice of the Secretary of th Senate. 5. 1019 By STATE AFFAIRS COMMITTEE AN ACT Amending Section 23-217, Idaho Code, as amended b; House Bill 10, First Extraordinary Session of the Forty first Idaho Legislature, by raising the discount allowe licensees on unbroken case lots to seven per cent, S. 1020 By FINANCE COMMITTEE AN ACT Relating to an appropriation made for increased cost of nursing home care on behalf of persons eligible fo public assistance; repealing Chapter 283, Laws of 1971 and declaring an emergency. 5. 1021 By STATE AFFAIRS COMMITTEE AN ACT Repealing Section 67-202, Idaho Code; amending Chap ter 2, Title 67, Idaho Code, by the addition of a ne Section 67-202, Idaho Code, providing for legislative dis tricts, providing for a senator to be elected from end legislative district, and providing for two representative to be elected from each legislative district; providing fo the application of the act and declaring an emergency S. 1022 By STATE AFFAIRS COMMITTEE AN ACT Repealing Section 67-202, Idaho Code; amending Chap ter 2, Title 67, Idaho Code, by the addition of a ne Section 67-202, Idaho Code, providing for legislative dis tricts, providing for a senator to be elected from cad legislative district, and providing for two represenative to be elected from each legislative district; providing fo: the application of the act and declaring an emergency S. 1023 By STATE AFFAIRS COMMITTEE AN ACT Repealing Section 67-202, Idaho Code; amending Chap ter 2, Title 67, Idaho Code, by the addition of a nev Section 67-202, Idaho Code, providing for legislative dis tricts, providing for a senator to be elected from eaci legislative district, and providing for two represenative to be elected from each legislative district; providing foi the application of the act and declaring an emergency. S. 1019, S. 1020, S. 1021, S. 1022 and S. 1023 were intro duced, read the first time at length and referred to tlu Judiciary and Rules Committee for printing. There being no objection, the Senate returned to th( Sixth Order of Business. Reports of Standing Committees April 6, 1971. The JUDICIARY AND RULES Committee reports thai —
SENATE JOURNAL
Apri1 7
• 1019, S. 1020, S. 1021, S. 1022 and S. 1023 haie been )rrectly printed. KLEIN, Chairman. On request by Senator Kidwell, granted by unanimous )nsent, S. 1019, S. 1020, S. 1021, S. 1022 and S. 1023 were led for second reading. On request by Senator Kidwell, granted by unanimous )nsent, the Senate advanced to the Twelfth Order of usiness. Second Reading of Bills There being no objection, S. 1013, S. 1017 and S. 1018 tained their place on the Second Reading Calendar. Third Reading of Bills There being no objection, S. 1003 and S. 1004 retained ieir place on the Third Reading Calendar. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, see nded by Senator Mitchell, the Senate adjourned until :00 o’clock a,m., Wednesday, April 7, 1971. JACK MURPHY, President. tttest: ARTHUR WILSON, Secretary.
SEVENTEENTH LEGISLATIVE DAY WEDNESDAY, APRIL 7, 1971 Senate Chamber, Boise, Idaho, April 7, 1971. President Murphy called the Senate to order at 9:00 ‘clock n.m. Roll call showed all members present except Senator ilyeu, excused. The following prayer was offered by Chaplain Newell lorgan: Thou, before Whom time and its passage is but a part f eternity, we humbly bow, acknowledging faith and trust a Thee. As our Legislature struggles to find a solution to a iost basic problem, we ask of Thee, our Father, that hou shalt grant wisdom, guidance and clarity of thought o each of them. As Thou hast in the past guided others in solutions to roblems of our State and National life, including the ounding of our Nation, we ask Thy Divine help today. Where there are frustrations, give progress. Where npasses seem apparent open doorways to new thoughts nd fresh ideas. We know, Father, there are solutions to problems and hat problems call forth from us our best, do help these ho stand yielded and waiting upon Thee. Help them today through unanimity of thought, col active reasoning, pooled wisdom and dedicated industry o have a day of successful achievement. In the Name of One we can safely follow. Amen. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that he Senate Journal of the proceedings of Monday, April 1971 and Tuesday, April 6, 1971 was read and approved s corrected. KLEIN, Chairman. Report adopted.
333 Messages from the House
April 5, 1971. Mr. President: I transmit herewith Enrolled H. 2, H. 6 and H. 10 which have been signed by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign Enrolled H. 2, H. 6 arid H. 10, and, when so signed, ordered them returned to the House, April 6, 1971. Mr. President: I transmit herewith Enrolled H. 13 which has been signed by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign Enrolled H. 13, and, when so signed, ordered it returned to the House. April 7, 1971. Mr. President: I transmit herewith H. 14 which has passed the House. FITZWATER, Chief Clerk. H. 14 was filed for first reading. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. Introduction, First Reading and Reference of Bills H. 14, by Appropriations Committee, was introduced, read the first time at length and referred to the Finance Committee. On request by Senator Kidwell, granted by unanimous consent, H. 14 was filed for second reading. Second Reading of Bills S. 1013, S. 1017, S. 1018 and S. 1019, by State Affairs Committee, were read the second time at length and filed for third reading. S. 1020, by Finance Committee, was read the second time at length and filed for third reading. S. 1021, S. 1022 and S. 1023, by State Affairs Committee, were read the second time at length and filed for third reading. On motion by President Pro-Tempore Ellsworth, sec onded by Senator Chase, the Senate recessed until 1:00 o’clock p.m. of this day. RECESS Afternoon Session The Senate reconvened at 1:00 o’clock p.m., pursuant to recess, President Murphy presiding. Roll call showed all members present. Prior to recess the Senate was at the Twelfth Order of Business. Second Reading of Bills Senator Kidwell requested unanimous consent that the Senate return to the Eleventh Order of Business. Senator Evans objected. Moved by Senator Kidwell, seconded by Senator Bivens, that the Senate return to the Eleventh Order of Business, Introduction, First Reading and Reference of Bills. The question being, “Shall the Senate return to the Eleventh Order of Business?” Roll call resulted as follows: Abrahams, Allen, Barker, Bivens, Brassey, AYES —
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Brown, Budge. Cobbs, Egbert, Ellsworth (20), Ellsworth (30), High, Kidwell, Peavey, Steen, Summers, Swenson, Williams, Yarbrough. Total—19. NAYS—Chase, Crutcher, Evans, Fredericksen, Manley, Manning, Mitchell, Mix, Murphy, Rigby, Sandberg, Saxvik, Solberg, Stoicheff. Total—14. Absent and excused—Bilyeu, Klein. Total—2. Total—35. Less than two-thirds having voted in the affirmative the President declared the motion lost and announced the Senate was at the Twelfth Order of Business, Second Reading of Bills. Senator Kidwell requested unanimous consent that the Senate return to the Second Order of Business, Prayer by the Chaplain. Senator Evans objected, On motion by Senator Kidwell, seconded by Senator Bivens the Senate recessed until 2:00 o’clock p.m. of this day. RECESS The Senate reconvened at 2:00 o’clock p.m., pursuant to recess, President Murphy presiding, Roll call showed all members present. Prior to recess the Senate was at the Twelfth Order of Business, Second Reading of Bills Senator Kidwell requested unanimous consent, that the Senate return to the Eleventh Order of Business, In troduction, First Reading and Reference of Bills. Senator Evans objected. Moved by Senator Kidwell, seconded by Senator Bivens, that the Senate return to the Eleventh Order of Business, Introduction, First Reading and Reference of Bills. Call of the Senate was requested by Senators Kidwell, Bivens and Murphy. Whereupon the President ordered the doorkeepers to lock the doors permitting no Senators or the President to leave or enter the Senate Chambers except the Sergeantat-Arms with the absent members. Roll call showed Senator Rigby absent. The Sergeant-at-Arms reported to the President that the absent member was now present in the Senate Cham ber. On request by Senator Kidwell, granted by unanimous consent, the Call of the Senate was lifted. Roll call vote was requested by Senators Kidwell, Bras sey and Peavey, The question being, “Shall the Motion pass?” Roll call resulted as follows: AYES Abrahams, Allen, Barker, Bivens, Brassey, Brown, Budge, Cobbs, Egbert, Ellsworth (20), Ellsworth (30), High, Kidwell, Klein, Murphy, Peavey, Steen, Sum mers, Swenson, Williams, Yarbrough, Thtal—21. NAYS Bilyeu, Chase, Crutcher, Evans, Fredericksen, Manley, Manning, Mitchell, Mix, Rigby, Sandberg, Saxvik, Solberg, Stoicheff. Total—it. Total—35, Whereupon the President declared the motion lost and announced the Senate was still at the Twelfth Order of Business. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1013 be suspended; that the por tions of Section 15 Article 3 of the Constitution of the
April 7
State of Idaho requiring all bills to be read on thre several days be dispensed with, this being a case o urgency, and that S. 1013 be read the first time by titk second time by title, and third time at length, section b; section, and be put upon its final passage. Moved by Senator Kidwell Seconded by Senator Bivens. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Abrahams, Allen, Barker, Bivens, Brassey Brown, Budge, Cobbs, Egbert, Ellsworth (20), Ellswortl (30), High, Kidwell, Klein, Murphy, Peavey, Rigby, Steen Summers, Swenson, Williams, Yarbrough. Total—22. NAYS Bilyeu, Chase, Crutcher, Evans, Fredericksen Manley, Manning, Mitchell, Mix, Sandberg, Saxvik, Sol berg, Stoicheff. Total—13. Total—35. Less than two-thirds having voted in the affirmativi the President declared the rules were not suspended. Moved by Senator Evans, seconded by Senator Crutche: that the Senate recess subject to call of the Chair. Motioi lost. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with th immediate passage of H. 14 be suspended; that the por tions of Section 15 Article 3 of the Constitution of th State of Idaho requiring all bills to be read on thre several days be dispensed with, this being a case of urg ency, and that II. 14 be read the first time by title, secom time by title, and third time at length, section by section and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Bivens, The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Abrahams, Allen, Barker, Bilyeu, Bivens, Bras sey, Brown, Budge, Chase, Cobbs, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High Kidwell, Klein, Manley, Manning, Mitchell, Mix, Murphy Peavey, Rigby, Sandberg, Saxvik, Solberg, Steen, Stoicheff Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. More than two-thirds having voted in the affirmativ the President declared the rules suspended. H. 14 was read the first time by title, second time b title and the third time at length, section by section am placed before the Senate for final consideration, the ques tion being, “Shall the bill pass?” —
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Roll call resulted as follows: AYES—Abrahams, Allen, Barker, Bilyeu, Bivens, Bras sey, Brown, Budge, Chase, Cobbs, Crutcher, Egbert, Ella worth (20), Ellsworth (30), Evans, Fredericksen, High Kidwell, Klein, Manley, Mix, Murphy, Peavey, Rigby Sandberg, Saxvik, Solberg, Steen, Stoicheff, Summers Swenson, Williams, Yarbrough. Total—33, NAYS—Manning, Mitchell. Total—2. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered returned to th House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering wit)
Apr11 7
SENATE JOURNAL
ie immediate passage of S. 1020 be suspended; that the ortions of Section 15 Article 3 of the Constitution of e State of Idaho requiring all bills to be read on three veral days be dispensed with, this being a case of rgency, and that S. 1020 be read the first time by title, cond time by title, and third time at length, section by action, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Abrahams, Allen, Barker, Bilyeu, Bivens, rassey, Brown, Budge, Chase, Cobbs, Crutcher Egbert, llsworth (20), Ellsworth (30), Evans, Frejericksen, [igh, Kidwell, Klein, Manley, Manning, Mitchell, Mix, [urphy, Peavey, Rigby, Sandberg, Saxvik, Solberg, Steen toicheff, Summers, Swenson, Williams, Yarbrough. Totai —35. NAYS—None. Total—35. More than two-thirds having voted in the affirmative he President declared the rules suspended. 5. 1020 was read the first time by title, second time y title and the third time at length, section by section nd placed before the Senate for final consideration, the uestion being, “Shall the bill pass ?“ —
Roll call resulted as follows: AYES Abrahams, Allen, Barker, Bilyeu, Bivens, rassey, Brown, Budge, Chase, Cobbs, Crutcher, Egbert, fllsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Eanley, Manning, Mitchell, Mix, Murphy, Peavey, Rigby, andberg, Saxvik, Solberg, Steen, Stoicheff, Summers, wenson, Williams, Yarbrough. Total—34. NAYS—None. Absent and excused—Ellsworth (20). Total—i. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted D the House.
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Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1021 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that S. 1021 be read the first time by title, second time by title, and third time at length, sec tion by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Bivens. The question being, “Shall the rules be suspended?” Roll call resulted as follows: Abrahams, Allen, Barker, Bivens, Brassey, AYES Brown, Budge, Cobbs, Egbert, Ellsworth (30), High, Kidwell, Klein, Murphy, Peavey, Rigby, Steen, Summers, Swenson, Williams, Yarbrough. Total—21. NAYS—Bilyeu, Chase, Crutcher Evans, Fredericksen, Manley, Manning, Mitchell, Mix, andberg, Saxvik, Sol berg, Stoicheff. Total—13. Absent and excused—Ellsworth (20). Total—i. Potal—35. Less than two-thirds having voted in the affirmative the President declared the rules were not suspended. On request by Senator Kidwell, granted by unanimous consent, S. 1021 was placed on the Fourteenth Order of Business, General Calendar, for amendment. —
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Motion to Suspend Rules r. President: I move that all rules of the Senate interfering with he immediate passage of S. 1023 be suspended; that he portions of Section 15 Article 3 of the Constitution f the State of Idaho requiring all bills to be read on hree several days be dispensed with, this being a case f urgency, and that S. 1023 be read the first time by title, econd time by title, and third time at length, section by ection, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Bivens. The question being. “Shall the rules be suspended?” Roll call resulted as follows: Abrahams, Allen, Barker, Bivens, Brassey, AYES rown. Budge, Cobbs, Egbert, Ellsworth (30), Fredericken, High, Kidwell, Klein, Peavey, Rigby, Steen, Sum lers, Swenson, Williams, Yarbrough. Total—2i. NAYS—Bilyeu, Chase, Crutcher, Evans, Manley, Man ing, Mitchell, Mix, Murphy, Sandberg, Saxvik, Solberg, toicheff. Total—i3. Absent and excused—Ellsworth (20). Total—i. Potal—35. Less than two-thirds having voted in the affirmative he President declared the rules were not suspended. —
Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1013 be suspended; that the por tions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that S. 1013 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Bivens. The question being, “Shall the rules be suspended?” Roll call resulted as follows: Abrahams, Allen, Barker, Bivens, Brassey, AYES Brown, Budge, Cobbs, Egbert, Ellsworth (20), Ellsworth (30), High, Kidwell, Klein, Peavey, Rigby, Steen, Stoi cheff, Summers, Swenson, Williams, Yarbrough. Total—22. NAYS Bilyeu, Chase, Crutcher Evans, Fredericksen, Manley, Mitchell, Mix, Murphy, Sandberg, Saxvik, Solberg. Total—i2. Absent and excused—Manning. Total—i. Total—35. Less than two-thirds having voted in the affirmative the President declared the rules were not suspended. —
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Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1019 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that S. 1019 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Secànded by Senator Crutcher.
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The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Abrahams, Allen, Barker, Bilyeu, Bivens, Brown, Chase, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Mit chell, Mix, Murphy, Peavey, Rigby, Sandberg, Saxvik, Solberg, Steen, Stoicheff, Summers, Williams, Yarbrough. Total—30. NAYS Brassey, Budge, Cobbs, Swenson. Total—4. Absent and excused—Manning. Total—i. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended. S. 1019 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: Abrahams, Barker, Brassey, Brown, Chase, AYES Cobbs, Crutcher, Evans, Fredericksen, High, Mitchell, Mix, Murphy, Saxvik, Solberg, Steen, Stoicheff, Summers. Total —18. Allen, Bilyeu, Bivens, Budge, Egbert, Ells NAYS worth (20), Ellsworth (30), Kidwell, Klein, Manley, Man ning, Peavey, Rigby, Sandberg, Swenson, Williams, Yar brough. Total—i7. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1018 be suspended; that the por tions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that S. 1018 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Bivens. The question being, “Shall the rules be suspended?” Roll call resulted as follows: Abrahams, Allen, Barker, Bivens, Brassey, AYES Brown, Budge, Cobbs, Egbert, Ellsworth (20), Ellsworth (30), High, Kidwell, Klein, Murphy, Peavey, Steen, Sum mers, Swenson, Williams, Yarbrough. Total—21. Bilyeu, Chase, Crutcher, Evans, Fredericksen, NAYS Manley, Manning, Mitchell, Mix, Rigby, Sandberg, Saxvik, Solberg, Stoicheff. Total—14. Total—35. Less than two-thirds having voted in the affirmative the President declared the rules were not suspended. At this point President Pro-Tempore Ellsworth arose on a point of personal privilege. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1018 be suspended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that S. 1018 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. —
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April 7
Moved by Senator Kidwell. Seconded by Senator Bivens. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES Abrahams, Allen, Barker, Bivens, Brassey Brown, Budge, Cobbs, Egbert, Ellsworth (20), Ellswortl (30), High, Kidwell, Klein Murphy, Peavey, Solberg Steen, Summers, Swenson, Williams, Yarbrough. Total—22 —
NAYS Bilyeu, Chase, Crutcher, Evans, Fredericksen Manley, Manning, Mitchell, Mix, Rigby, Sandberg, Sax vik, $toicheff. Total—13. Total—35. Less than two-thirds having voted in the affirmativ the President declared the rules were not suspended. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering witi the immediate passage of S. 1022 be suspended; tha the portions of Section 15 Article 3 of the Constitutiw of the State of Idaho requiring all bills to be read oi three several days be dispensed with, this being a can of urgency, and that S. 1022 be read the first time bI title, second time by title, and third time at length, sectioi by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Yarbrough. The question being, “Shall the rules be suspended?’ —
Roll call resulted as follows: Abrahams, Allen, Barker, Bivens, Brassey AYES Brown, Budge, Cobbs, Egbert, Ellsworth (30), High, Kid well, Klein, Murphy, Peavey, Steen, Summers, Williams Yarbrough. Total—19. NAY S—Bilyeu, Chase, Crutcher, Ellsworth (20), Evans Fredericksen, Manley, Manning, Mitchell, Mix, Rigby Sandberg, Saxvik, Solberg, Stoicheff, Swenson. Total—16 Potal—35. Less than two-thirds having voted in the affirmatiw the President declared the rules were not suspended. —
Moved by Senator Evans, seconded by Senator Crutcher that the Senate adjourn until 10:00 o’clock a.m., Thursday April 8, 1971. Motion lost. President Pro-Tempore Ellsworth requested unanimou consent that the Senate return to the Tenth Order 0: Business. Senator Evans objected. Moved by Senator Yarbrough, seconded by Senato Bivens, that the Senate return to the Tenth Order o Business. The question being, “Shall the Senate return to tin Tenth Order of Business?” Roll call resulted as follows: AYES Abrahams, Allen, Barker, Bivens, Brassey Brown, Budge, Cobbs, Egbert, Ellsworth (20), Ellsworti (30), High, Kidwell, Klein, Peavey, Steen, Summers, Swen. son, Williams, Yarbrough. Total—20. —
Bilyeu, Chase, Crutcher, Evans Fredericksen NAYS Manley, Manning, Mitchell, Mix, Murphy, andberg, Sax. vik, Solberg, Stoicheff. Total—it. Absent and excused—Rigby. Total—i. Total—35. Less than two-thirds having voted in the affirmative the President declared the rules were not suspended anc the Senate was still at the Twelfth Order of Business —
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SENATE JOURNAL Motion to Suspend Rules 4r. President: I move that all rules of the Senate interfering with the mmediate passage of S. 1013 be suspended; that the por ions of Section 15 Article 3 of the Constitution of the tate of Idaho requiring all bills to be read on three everal days be dispensed with, this being a case of [rgency, and that 5. 1013 be read the first time by title, econd time by title, and third time at length, section by ection, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Bivens. The question being, “Shall the rules be suspended?” Roll call resulted as follows: Abrahams, Allen, Barker, Bivens, Brassey, AYES hown, Budge, Cobbs, Ellsworth (20), Ellsworth (30), Ugh, Kidwell, Klein, Murphy, Peavey, Rigby, Steen, Stoi hell’, Summers, Swenson, Williams, Yarbrough. Total—22. NAYS Bilyeu, Chase, Crutcher, Egbert, Evans, Fred ricksen, Manley, Manning, Mitchell, Mix, Sandberg, Sax ‘1k, Solberg. Total—13 Total—35. Less than two-thirds having voted in the affirmative he President declared the rules were not suspended. On request by Senator Kidwell, granted by unanimous onsent, the Senate returned to the Eleventh Order of usiness. Introduction, First Reading and Reference of Bills S. 1024 BY STATE AFFAIRS COMMITTEE AN ACT Repealing Section 67-202, Idaho Code; amending Chaper 2, Title 67, Idaho Code, by the addition of a new seeion 67-202, Idaho Code, providing for Legislative Dis ricts, providing for a Senator to be elected from each egislative District, and providing for two Representa ;ives to be elected from each Legislative District; proriding for the application of the Act and declaring an mergency. S. 1024 was introduced, read the first time at length tnd referred to the Judiciary and Rules Committee for )rinting. On request by Senator Kidwell, granted by unanimous onsent, the Senate advanced to the Fourteenth Order of 3usiness. General Calendar The President declared the Senate recessed and called senator Murphy to the Chair to preside during the sitting )f the Committee of the VVhole. Following the adjournment of the Committee of the Whole, the President called the Senate to order. —
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Report of The Committee of the Whole Senator Murphy, Chairman of the Committee of the Whole, reported out S. 1021, without recommendation, imended as follows: SENATE AMENDMENTS TO S. 1021 AMENDMENTS TO SECTION 2 On page 4 of the printed bill, in line 27, following word, iumber and character “No. 8,”, insert the word, number md character “No. 9,”. On page 4 of the printed bill, in line 32, delete the word, number and character “No. 9,”. The Committee also has S. 1016 under consideration, report progress and beg leave to sit again. MURPHY, Chairman.
On motion by Senator Murphy, seconded by Senator Bivens, the report was adopted. S. 1021, as amended, was referred to the Judiciary and Rules Committee for engrossing. Senate Amendments to S. 1021 were referred to the Judiciary and Rules Committee for printing. On request by Senator Kidwell, granted by unanimous consent, the Senate returned to the Sixth Order of Busi ness. Reports of Standing Committees April 7, 1971. The JUDICIARY AND RULES Committee reports that S. 1024 and Senate Amendments to S. 1021 have been cor rectly printed. KLEIN, Chairman. April 7, 1971. The JUDICIARY AND RULES Committee reports that S. 1021, as amended, has been correctly engrossed. KLEIN, Chairman. On request by Senator Kidwell, granted by unanimous consent, 5. 1024, was filed for second reading. S. 1021, as amended, was filed for first reading. Introduction, First Reading and Reference of Bills S. 1021, as amended, was read the first time at length and filed for second reading. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Twelfth Order of Business. Second Reading of Bills Mr. President: I move that all rules of the Senate interfering with the immediate passage of 5. 1024 be suspended; that the por tions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three sev eral days be dispensed with, this being a case of urgency, and that S. 1024 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: AYES—Abrahams, Allen, Barker, Bilyeu, Bivens, Bras sey, Brown, Budge, Chase, Cobbs, Crutcher, Egbert, Ells worth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Mitchell, Mix, Murphy, Peavey, Rigby, Sandberg, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total—35. NAYS—None. Total—35. More than two-thirds hávf voted in the affirmative the President declared the rulsi4pènded. S. 1024 was read the f1t time by title, second time by title and the third time at length, section by section and and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: AYES Abrahams, Allen, Barker, Bivens, Brassey, Brown, Budge, Cobbs, Egbert, Ellsworth (20), Ellswortli (30), Fredericksen, High, Kidwell, Klein, Mix, Rigby Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. iotal—23. NAYS—Bilyeu, Chase, Crutcher, Evans, Manley, Man ning, Mitchell, Murphy, Peavey, Sandberg, Saxvik, Sol. berg. Total—12. —
SENATE JOURNAL
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Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. Motion to Suspend Rules Mr. President: I move that all rules of the Senate interfering with the immediate passage of S. 1021, as amended, be sus pended; that the portions of Section 15 Article 3 of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of urgency, and that S. 1021, as amended, be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?” Roll call resulted as follows: Abrahams, Allen, Barker, Bilyeu, Bivens, AYES Brassey, Brown, Budge, Chase, Cobbs, Crutcher, Egbert, Ellsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Manning, Mitchell, Mix, Murphy, Peavey, Rigby, Sandberg, Saxvik Solberg, Steen Stoicheff, Summers, Swenson, Williams, Yarbrough. Tote —35. NAYS—None. Total—35. More than two-thirds having voted in the affirmative the President declared the rules were suspended. S. 1021, as amended, was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final con ideration, the question being, “Shall the bill pass?” —
Roll call resulted as follows: Abrahams, Bilyeu, Brassey, Brown, Budge, AYES Chase, Cobbs, Crutcher, Egbert, Evans, Kidwell, Klein, I,tanley, Manning, Mitchell, Mix, Murphy, Peavey, Rigby, Sandberg, Saxvik, Solberg, Stoicheff, Summers, Swenson, Yarbrough. Total—26. NAYS—Allen, Barker, Bivens, Ellsworth (20), Ells worth (30), Fredericksen, High, Steen, Williams. Total—9. Total—35. Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted o the House. Motion to Suspend Rules [‘6r. President: I move that all rules of the Senate interfering with bhe immediate passage of 5. 1013 be suspended; that the ortions of Section 15 Article 3 of the Constitution of bhe State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of nrgency, and that S. 1013 be read the first time by title, second time by title, and third time at length, section by section, and be put upon its final passage. Moved by Senator Kidwell. Seconded by Senator Crutcher. The question being, “Shall the rules be suspended?”
April 8]
Stoicheff, Summers, Swenson, Williams, Yarbrough. Tota —35. NAYS—None. Total—35. More than two-thirds having voted in the affirmative the President declared the rules were suspended. S. 1013 was read the first time by title, second time by title and the third time at length, section by section and placed before the Senate for final consideration, the question being, “Shall the bill pass?” Roll call resulted as follows: Abrahams, Allen, Barker, Bilyeu, Bivens, AYES Brassey, Brown, Budge, Chase, Cobbs, Crutcher, Egbert, Eilsworth (20), Ellsworth (30), Evans, Fredericksen, High, Kidwell, Klein, Manley, Mitchell, Mix, Murphy, Peavey, Rigby, Sandberg, Saxvik, Solberg, Steen, Stoicheff, Sum mers, Swenson, Williams, Yarbrough. Total—34. NAYS Manning. Total—i. Total—35. —
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Whereupon the President declared the bill passed. Title was approved and the bill ordered transmitted to the House. Senator Brassey requested unanimous consent that the rules be suspended on S. 1018. Senator Evans objected. On motion by Senator Kidwell, seconded by Senator Stoicheff, the Senate adjourned until 11:00 o’clock n.m., Thursday, April 8, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
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Roll call resulted as follows: Abrahams, Allen, Barker, Bilyeu. Bivens, AYES 3rassey, Brown, Budge. Chase, Cobbs, Crutcher, Egbert, llsworth (20), Ellsworth (30), Evans, Fredericksen, Eligh, Kidwell, Klein, Manley, Manning, Mitchell, Mix, iIurphy, Peavey, Rigby, Sandberg, Saxvik, Solberg, Steen, —
EIGHTEENTH LEGISLATIVE DAY THURSDAY, APRIL 8, 1971
Senate Chamber, Boise, Idaho, April 8, 1971. President Murphy cailed the Senate to order at 11:00 o’clock a.m. Roll call showed all members present. The following prayer was offered by Chaplain Newell Morgan: Our Heavenly Father, in the days of this time known as Holy Week, a week of solemn remembrances, bring our minds again to Thy commandment that we love one an other. With loving concern in our hearts, may we cherish each other and be willing to put the welfare of others ahead of our own. In loving other people help us to realize that we are expressing part of our love for Thee. So help us to love that we may be loved. We thank Thee for the great evidence of Thy love for us as indicated by the death of the Christ on the cross. We thank Thee for the material and spiritual blessings of life. Again, our Father, we ask thy abiding Presence to be with each of the persons within this Chamber. Do bless and keep them ever within Thy love and purpose, today and each following day. In our Lord’s Name, Amen.
[April 8
SENATE JOURNAL
Reading and Correction of the Journal April 8, 1971. The JUDICIARY AND RULES Committee reports that ;he Senate Journal of the proceedings of Wednesday, april 7, 1971 was read and approved as corrected. KLEIN, Chairman. The report was ordered filed in the office of the Sec retary of the Senate. On request by Senator Stoicheff, granted by unanimous :onsent, the following message was ordered spread upon bhe pages of the Senate Journal. TO WHOM IT MAY CONCERN: Regarding Senate Bill 1021, as amended, Senate Bill t024, and nfl other reapportionment plans considered by ;he Extraordinary Special Session of the First Session of :he Forty-first Legislature, it is the intent of the Legis [ature to take into consideration the fact that many non resident students attending Idaho colleges create a special ype of reapportionment problem. The Legislature has recognized this fact by permitting those Districts, particu any District 28, a degree of latitude in apportionment igures that is not given to those Districts not containing ny institution of higher learning. The statistics in Dis brict 28 indicate that if the non-resident students were extracted from the Census figures of that Legislative District that the percent of deviation from the Districtâ&#x20AC;&#x2122;s population mean would be less than 1%. The Legislature indertook the task of numerically equalizing each Legis Lative District according to the figures released from the 1970 Federal Census count and specifically intended to iiscount the numbers of non-resident students in those Districts where the non-resident students reside within the State of Idaho. Reading of Communications The following letters were read by the Secretary and ordered spread upon the pages of the Senate Journal. IDAHO STATE SENATE Capitol Building BOISE April 8, 1971 The Honorable Jack M. Murphy Lieutenant Governor President, Idaho State Senate Boise, Idaho 83707 Dear Mr. President: As my husband, Art Manley, the duly elected State Senator representing Legislative District No. 2, is now sufficiently recovered from his illness to resume his duties as State Senator, I herewith tender my resignation as Acting State Senator effective at the close of business this day, April 8, 1971. I wish also to express my deepest and most sincere personal thanks to you, to all members of the Senate, and to all attaches for the many kindnesses, courtesies and generous assistance and guidance given to me. Without this help and encouragement, a very difficult task in a trying time would have been very nearly impossible. Sincerely, Is! MARGARET MANLEY (Mrs.) Acting Stats Senator District No. 2 IDAHO STATE SENATE Capitol Building BOISE April 8, 1971 The Honorable Jack M. Murphy Lieutenant Governor President State Senate Boise, Idaho 83707
339
Dear Mr. President: This is to inform you that I am now sufficiently re covered from my recent illness to resume my duties as State Senator representing District No. 2 effective April 9, 1971. I am most grateful to you and to all the attaches and to all of my Senate colleagues for the many kindnesses that have been extended to me during this trying period. I am especially grateful for the assistance and thougbfu] help that you. Mr. President, and so many of my col leagues and the attaches have given to my wife while she served as Acting Senator from District No. 2 in my place. With best personal regards. Sincerely, Is! ART MANLEY State Senator District No. 2 The original of the two letters were ordered filed in the office of the Secretary of the Senate. Messages from the Governor STATE OF IDAHO Office of the Governor BOISE April 6, 1971 The Honorable Jack Murphy President of the Senate Senate Chambers Building Dear Mr. President: I have the honor to inform you that I have this day approved and am transmitting to the Secretary of State the following signed Senate Bill, to-wit: SENATE BILL 1006 Sincerely, Is! CECIL D. ANDRUS Governor The message was ordered filed in the office of the Sec. retary of the Senate. Messages from the House April 8, 1971. Mr. President: I transmit herewith H.C.R. 2 which has passed the House. FITZWATER, Chief Clerk. H.C.R. 2 was referred to the Tenth Order of Business April 8, 1971. Mr. President: I return herewith S. 1020, S. 1013 and 5. 1024 whicl have passed the House. FITZWATER, Chief Clerk. 1013 S. 1024 1020, were S. S. and referred to the Judici. ary and Rules Committee for enrolling. April 8, 1971. Mr. President: I transmit herewith Enrolled II. 14 and 11.3.1W. 1 whici have been signed by the Speaker. FITZWATER, Chief Clerk. The President announced he was about to sign Enrollec 11. 14 and H.J.M. 1, and, when so signed, ordered then returned to the House. April 8, 1971. Mr. President: I return herewith S. 1021, as amended, which ha failed to pass the House. FITZWATER, Chief Clerk.
340
April. 8]
SENATE JOURNAL
S. 1021, as amended, was ordered filed in the office of the Secretary of the Senate. On request by Senator Kidwell, granted by unanimous onsent, the Senate advanced to the Tenth Order of Busi ness. Motions and Resolutions. The following resolution was read at length by the Secretary: H.C.R. 2 By WAYS AND MEANS COMMITTEE A CONCURRENT RESOLUTION Providing for the adjournment of the First Extra ordinary Session of the Forty-first Idaho Legislature and ftxing the time for adjournment Sine Die. Be It Resolved by the Legislature of the State of Idaho: BE IT RESOLVED by the House of Representatives and bhe Senate concurring therein, that at the hour of 1:30 p.m. on April 8, 1971, the House of Representatives and he Senate of the First Extraordinary Session of the Forty-first Idaho Legislature adjourn Sine Die. H.C.R. 2 was ordered held at the desk for two legisla bive days. On request by Senator Kidwell, granted by unanimous onsent, the Senate returned to the Sixth Order of Busi ness. Reports of Standing Committees April 8, 1971. The JUDICIARY AND RULES Committee reports that 5. 1013, S. 1020 and S. 1024 have been correctly enrolled. KLEIN, Chairman. The President announced he was about to sign Enrolled 5. 1013, S. 1020 and S. 1024, and, when so signed, ordered them transmitted to the House for the signature of the Speaker. On request by Senator Kidwell, granted by unanimous :onsent, the Senate advanced to the Tenth Order of Busi ness. Motions and Resolutions Moved by Senator Kidwell, seconded by Senator Crut ther, that all rules of the Senate interfering with the immediate consideration of H.C.R. 2 be suspended. The question being, “Shall the motion pass?” Roll call resulted as follows: Abrahams, Allen, Barker, Bilyeu, Bivens, AYES Srassey, Brown, Budge, Chase, Cobbs, Crutcher, Egbert, llllsworth (20), Ellsworth (30), Evans, Fredericksen, Righ, Kidwell, Klein, Manley, Manning, Mitchell, Mix, ‘Iurphy, Peavey, Rigby, Sandberg, Saxvik, Solberg, Steen, Stoicheff, Summers, Swenson, Williams, Yarbrough. Total —35. NAYS None. Total—35. More than two-thirds having voted in the affirmative the President declared the rules suspended and H.C.R. 2 was )efore the Senate for consideration. At this time a committee from the House of Represen ;atives, consisting of Representatives Hyde, Olsen, Wag ier and Sweeney, informed the President and members of ;he Senate that the House of Representatives had corn )leted its business and was now ready to adjourn Sine )ie. The. President thanked the committee, requested it onvey the congratulations of the Senate to the House of lepresentatives, and the committe was excused, On motion by Senator Kidwell, seconded by Senator —
—
Evans, H.C.R. 2 was adopted, title approved and the resolution ordered returned to the House. On request by Senator Kidwell, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by President Pro-Tempore Ellsworth, sec onded by Senator Evans, the hour of 1:30 o’clock p.m., April 8, 1971 having arrived, this being the day and hour fixed by H.C.R. 2 for adjournment Sine Die, the Senate of the First Extraordinary Session of the Forty-first Session of the Legislature of the State of Idaho adjourned Sine Die. JACK MURPHY. President. Attest: ARTHUR WILSON, Secretary. Messages from the House April 12, 1971. Enrolled H.C.R. 2 which has been signed by the Speaker was received from the House, signed by the President and returned to the House.
Reports of Standing Committees April 12, 1971. The Secretary of the Senate reported that Enrolled S. 1024, S. 1013 and S. 1020 were returned from the House, signed by the Speaker and transmitted to the Governor for his consideration at the hour of 3:40 o’clock p.m. on April 12, 1971. Messages from the Governor STATE OF IDAHO Office of the Governor BOISE April 12, 1971 The Honorable Jack Murphy President of the Senate Senate Chambers Building Dear Mr. President: I have the honor to inform you that I have this day forwarded to the Secretary of State SENATE BILL 1007 SENATE BILL 1005 and allowed the same to become law without my signature. Sincerely, 1sf CECIL D. ANDRUS Governor STATE OF IDAHO Office of the Governor BOISE April 13, 1971 The Honorable Jack Murphy President of the Senate Senate Chambers Building Dear Mr. President: I have the honor to inform you that I have this day approved and am transmitting to the Secretary of State the following signed Senate Bills, to-wit: SENATE BILL 1020 SENATE BILL 1013 Sincerely,
Is! CECIL D. ANDRUS Governor
SENATE JOURNAL
[April 8
STATE OF IDAHO Office of the Governor BOISE April 15, 1971 The Honorable Jack M. Murphy President of the Senate Senate Chambers Building Dear Mr. President: I have the honor to advise that I have today transmitted to the Secretary of State to become law without my signature SENATE BILL NO. 1024 the same having been received in the Office of the Gov ernor at the hour of 3:40 p.m. on April 12, 1971, and the Legislature by its adjournment sine die having pre vented its return to the Senate in which it originated within the time limited thereof by law. Senate Bill No. 1024 is the result of long hours of deliberation by the legislative branch of government to reapportion itself in accordance with recent Federal court rulings dealing with legislative representation. Since the passage of Senate Bill No. 1024, I have been approached by legislators from both political parties who wish to be a part of testing this new reapportionment plan in the courts. In order to give them this oportunity in the courts and because I believe legislative reapportion ment is properly a legislative matter, I have allowed Senate Bill No. 1024 to become law without my signa ture. For the foregoing reasons, I have allowed the bill to become law and transmitted it to the Secretary of State without my signature. Sincerely, Is! CECIL D. ANDRUS Governor CERTIFICATE STATE OF IDAHO
) ss. SENATE CHAMBER, BOISE, IDAHO We, JACK MURPHY, President of the Senate, and ARTHUR WILSON, Secretary of the Senate, do hereby certify and attest as follows: That we have carefully compiled in the Senate Journal of the First Extraordinary Session of the Forty-First Legislature, all of the proceedings of the Eighteenth Legislative Day, and that the said Journal contains a full, true and correct record of all the proceedings of said Senate for said day. IN WITNESS WHEREOF, We have hereunto set our hands this 15th day of April, 1971. JACK MURPHY, President. Attest: ARTHUR WILSON, Secretary.
341
SENATE JOURNAL INDEX OF THE FORTY-FIRST LEGISLATUREâ&#x20AC;&#x201D;FIRST SESSION 1971 This index is divided into the following sections: ectiou 1-0 contains a list of officers and attaches of the Senate for the ORGANIZATIONAL SESSION OF THE FORTYFIRST LEGISLATURE. section 11-0 is an index of nil Senate action taken during the ORGANIZATIONAL SESSION. ection I contains a list of the officers of the Senate. ection II contains a list of the members of the Senate and their committee assignments. 3ection III contains a list of the attaches of the Senate. ection IV is a topical index, alphabetically arranged, of all Senate bills introduced. ection V is a numerical index of all Senate hills introduced. section VI shows the action of the Governor on all Senate bills which passed both the Senate and House with the effective date and Session Law Chapter numbers cited. section VII contains a list of the Governorâ&#x20AC;&#x2122;s veto messages on Senate bills. section VIII contains a numerical index of Senate Joint Resolutions. Section IX contains a numerical index of Senate Joint Memorials. Section X contains a numerical index of Senate Concurrent Resolutions. Section XI contains a numerical index of Senate Resolutions. Section XII contains a numerical index of House Bills which reached the Senate. Section XIII contains a numerical index of House Joint Resolutions which reached the Senate, Section XIV contains a numerical index of House Joint Memorials which reached the Senate. Section XV contains a numerical index of House Concurrent Resolutions which reached the Senate.
Section I-S contains a list of the officers and attaches of the Senate for the First Extraordinary Session of the Forty-Firsi Legislature. Section lI-S contains a numerical index of all Senate Bills and Senate Concurrent Resolutions introduced. Section Ill-S is a topical index, alphabetically arranged, of all Senate Bills introduced during First Extraordinary Sessior of the Forty-First Legislature. Section W-S contains a numerical index of House Bills which reached the Senate during the First Extraordinary Sessior of the Forty-First Legislature. Section V-S contains a numerical index of House Resolutions and Memorials which reached the Senate during the Firsi Extraordinary Session of the Forty-First Legislature.
INDEX SECTION 1-0
Officers and Attaches of the Senate FORTY-FIRST LEGISLATUREâ&#x20AC;&#x201D;ORGANIZATIONAL SESSION 1971 ame IURPHY, JACK M Lieutenant Governor and President of the Senate ELLSWORTH, JAMES President Pro Tempore of the Senate Sworn in December 3, 1970, p. 1
Address Shoshone
Leaclorc
UDWELL, WAYNE U Majority Floor Leader Sworn in December 3, 1970, p. 1
Boise
BIVENS, DAVID W Assistant Majority Leader Sworn in December 3, 1970, p. 1
Payettc
BVANS, JOHN V Minority Floor Leader Sworn in December 3, 1970, p. 1
Malac
41X, JOHN Assistant Minority Leader Sworn in December 3, 1970, p. 1
Moscow
WILSON, ARTHUR Secretary of the Senate Sworn in December 5, 1970, p. 4 RARPER, PAT Assistant Secretary of the Senate Sworn in December 5, 1970, p. 4
Cambridg
BOiSE
CHRISTENSEN, REED Sergeant-at-Arms Sworn in December 5, 1970, p. 4
Drigg
DURALL, HARRY Assistant Sergeant-at-Arms Sworn in December 5, 1970, p. 4
Fairflelc
BAXTER, DOROTHEA Journal Clerk Sworn in December 5, 1970, p. 4
Boisc
ANDERSON, CONNIE Docket Clerk Sworn in December 5, 1970, p. 4
BoisE
r4ORGAN, NEWELL Chaplain Sworn in December 5, 1970, p. 4
BoisE
346
SENATB INDEX
SEIBERT, VIRGINIA
.
Bois
Assistant to President Sworn in December 5, 1970, p. 4 POND, MARIE Assistant to President Pro Tempore Sworn in December 5, 1970, p. 4
Bole
KING, MILDRED Secretary to Secretary of Senate Sworn in December 5, 1970, p. 4
Bois
PROPHET, TINA Secretary to Minority Leader Sworn in December 5, 1970, p. 4
Bois
CHADWICK, DAN Janitor Sworn in December 5, 1970, p. 4
Bole
FRANKLIN, MIKE Janitor Sworn in December 5, 1970, p. 4
Cambrldg
SENATE INDEX SECTION 11-0 FORTY-FIRST LEGISLATUREâ&#x20AC;&#x201D;ORGANIZATIONAL SESSION 1971 Senato Concurrent Resolution No,
Introduced by
Final Action
Subject Matter
Introduction Page
Senate Vote Page
101
Kidwell
Adopted
Fixing salaries of the employees of the Organiza tional Session
3
102
Finance
Adopted
Authorizing the Joint Finance & Appropriations Committee to convene in pre-session meeting for the conduct of committee business
4
Expressing appreciation to the North Idaho Chamber of Commerce and the Eastern Idaho Chamber of Commerce for their sponsorship of Pre-Legislative tours throughout Northern and Eastern Idaho
4
5
Providing for the adjournment of the Organiza tional Session of the Forty-First Idaho Legisla ture and fixing the time for adjournment sine die
6
6
3
House Concurrent Resolution No,
1
2
Wagner & Snow
Crapo & Williams
Adopted
Adopted
Fin Diap tion Peg
SENATE INDEX
349
SECTION I
Officers of the Senate FORTY-FIRST LEGISLATURE窶認IRST SESSION 1971 ame URPHY, JACK M Lieutenant Governor and President of the Senate LLSWORTH, JAMES President Pro Tempore of the Senate IDWELL, WAYNE L Majority Floor Leader IVENS, DAVID W Assistant Majority Leader VANS, JOHN V. Minority Floor Leader IX, JOHN P Assistant Minority Leader
Address Shoshone
Leadore Boise Payette Malad Moscow
ARBROUGH, WALTER H Majority Caucus Chairman
Grandview
RUTCHER, WILLIAM G. Minority Caucus Chairman
Orofino
TILSON, ARTHUR Secretary of the Senate ARPER, PAT Assistant Secretary of the Senate HRISTENSEN, REED Sergeant-at-Arms
Cambridge Boise Driggs
URALL, HARRY Assistant Sergeant-at-Arms
Fairfield
RANKLIN, MIKE Assistant Sergeant-at-Arms
Cambridge
AXTER, DOROTREA Journal Clerk
Boise
TONE, RUBY Journal Clerk
Boise
NDERSON, CONNIE Docket Clerk
Boise
[ORGAN, REVEREND NEWELL Chaplain
Boise
EIBERT, VIRGINIA Assistant to the President
Boise
OND, MARIE Assistant to President Pro Tempore
Boise
OLLER, ANNAMARIE Secretary to Majority Leader ROPHET, TINA Secretary to Minority Leader
Garden Valley Boise
350
SENATE INDEX
KING, MILDRED Secretary to Secretary of the Senate
Bois
DONNELLY, BETTY LOU Secretary to Finance Committee
Bois
LOVEJOY, OWEN Doorkeeper
Bois
ADAMS, CARL W Doorkeeper
Bois
.
ASHTON, CYDNEY Page HULET, LINDA Page
Mala Murph
HURLESS, PAULA Page
Bois
MARTIN, MARIAN Page
Presto:
STEWART, SUE Page
Caldwe
STOKES, JANET Page
Mosco
THOMAS, STEPHEN Page
Bois
WOOD, MICHELLE Page
Lewisvill
YOUNG, MICHAEL Page
Payett
RADILLO, MARINO Janitor
Bois
TOSCANO, PEDRO, JR Janitor
Weise
SENATE INDEX
351
SECTION II
Members of the Senate FORTY-FIRST LEGISLATURE窶認IRST SESSION 1971 ame
Address
.LLEN, JOE F. (Rep.) Sworn in December 3, 1970, P. 1 Committees: Health, Education and Welfare, p. 5 Labor and Economic Development Agricultural Affairs
American Falls
26
ARKER, JOHN 1W. (Rep.) Sworn in December 3, 1970, p. 1 Committees: Health, Education and Welfare, Chairman, p. 5 Judiciary and Rules
Bn:hl
24
ILYEU, CHARLES E. (Dem.) Sworn in December 8, 1970, p. 1 Committees: Local Government and Taxation, P. 5 Commerce and Banking Labor and Economic Development
Pocatello
35
IVENS, DAVID W. (Rep.) Sworn in December 3, 1970, p. 1 Committees: State Affairs, p. 5 Resources and Environment Agricultural Affairs
Payette
10
RASSEY, V. K. (Rep.) Sworn in December 3, 1970, p. 1 Committees: Commerce and Banking, Chairman, p. 5 Finance
Boise
14
ROWN, WARREN H. (Rep.) Sworn in December 3, 1970, p. 1 Committees: Local Government and Taxation, Chairman, p. 5 Commerce and Banking
1WcCall
UDGE, REED W. (Rep.) Sworn in December 3, 1970, p. 1 Committees: Transportation, Chairman, p. 5 Resources and Environment Health, Education and Welfare
Soda Springs
HASE, C. C. (Dem.) Sworn in December 3, 1970, p. 1 Committees: Resources and Environment, p. 5 Judiciary and Rules Commerce and Banking
St. Manes
OBBS, LYLE R. (Rep.) Sworn in December 3, 1970, p. 1 Committees: Health, Education and Welfare, p. 5 Judiciary and Rules
Boise
District
9
32
3
16
352
SENATE INDEX
Name
Address
Distric
CROOKHAM, WILLIAM (Rep.) Sworn in December 3, 1970, p. 1 Committees: Local Government & Taxation, p. 5 Labor and Economic Development
Caidwell
1
CRUTCHER, WILLIAM G, (Dem.) Sworn in December 3, 1970, P. 1 Committees: State Affairs, p. 5 Transportation
Orofino
EGBERT, RICHARD A. (Dem.) Sworn in December 3. 1970, p. 1 Committees: Finance, p. 5 Transportation
Tetonia
3
ELLSWORTH, JAMES (Rep.) Sworn in December 3, 1970, p. 1 Elected President Pro Tempore, p. 2 Committees: State Affairs, p. 5 Transportation
Leadore
2
ELLSWORTH, W. FISHER (Rep.) Sworn in December 3, 1970, p. 1 Committees: Labor and Economic Development, Chairman, p. 5 Local Government and Taxation Transportation
Idaho Falls
EVANS, JOHN V. (Dem.) Sworn in December 3, 1970, p. 1 Committees: State Affairs, P. 5 Agricultural Affairs
Malad
3.
FREDERICKSEN, DON G. (Dem.) Sworn in December 3, 1970, p. 1 Committees: Resources and Environment, P. 5 Finance
Gooding
2
HIGH, RICHARD S. (Rep) Sworn in December 3, 1970, p. 1 Committees: Finance, Chairman, P. 5 Resources and Environment
Twin Falls
2.
KIDWELL, WAYNE L. (Rep.) Sworn in December 3, 1970, p. 1 Committees: State Affairs, P. 5 Judiciary and Rules
Boise
1.
KLEIN, EDITH MILLER (Rep.) Sworn in December 3, 1970, p. 1 Committees: Judiciary and Rules, Chairman, P. 5 Local Government & Taxation Commerce and Banking
Boise
1
MANLEY, ART (Dem,) Sworn in December 3, 1970, p. 1 Committees: Resources and Environment, p. 5 Finance
Coeur dâ&#x20AC;&#x2122;Alene
353
SENATE INDEX
District
tame
Address
IANLEY, MARGARET (Oem.) Sworn in February 11. 1971, p. 83 Committees: Resources and Environment Finance
Coeur d’Alene
IANNING, DARRELL V. (Dem.) Sworn in December 3, 1970, p. 1 Committees: Judiciary and Rules, p. 6 Commerce and Banking
Pocatello
34
IILLER, NEIL J. (Dem.) Sworn in December 3, 1970, p. 1 Committees: Local Government and Taxation, p. 5 Judiciary and Rules Agricultural Affairs
Blackfoot
27
IITCHELL, MIKE P. (Dem.) Sworn in December 3, 1970, p. 1 Committees: Health, Education and Welfare, p. 5 Resources and Environment
Lewiston
6
fiX, JOHN P. (Dem.) Sworn in December 3, 1970, p. 1 Committees: State Affairs, p. 5 Transportation
Moscow
5
4URPHY, ARTHUR (Dem.) Sworn in December 3, 1970, p. 1 Committees: State Affairs, p. 5 Labor and Economic Deve1opment
Mullan
4
‘EAVEY, JOHN T. C Rep.) Sworn in December 3, 1970, p. 1 Committees: Resources and Environment, p. 5 Finance
Rupert
21
UGBY, RAY W. (Dem.) Sworn in December 3, 1970, p. 1 Committees: Health, Education and Welfare, p. 5 Resources and Environment Judiciary and Rules
Rexburg
28
;AXVIK, ROBERT (Dem.) Sworn in December 3, 1970, p. 1 Committees: Local Government and Taxation, p. 5 Agricultural Affairs
Burley
25
;OLBERG, NELS L. (Oem.) Sworn in December 3, 1970, p. 1 Committees: Health, Education and Welfare, p. 5 Finance
Grangeville
TEEN, J. WILSON (Rep.) Sworn in December 3, 1970, p. 1 Committees: Resources and Environment, p. 5 Judiciary and Rules Agricultural Affairs
Glenns Ferry
2
8
19
SENATE INDEX STOICHEFF, JAMES F. (Dem.) Sworn in December 3, 1970, p. 1
Sandpoint
Committees: Health, Education and Welfare, p. 5 Local Government and Taxation Labor and Economic Development SUMMERS, H. DEAN (Rep.) Sworn in December 3, 1970, p. 1
Boise
Committees:
State Affairs, Chairman, p. 5 Local Government and Taxation Commerce and Banking
SWENSON, LEON H. (Rep.) Sworn in December 3, 1970, p. 1
Nampa
Committees: Agricultural Affairs, Chairman, p. 5 Health, Education and Welfare Labor and Economic Development
WILLIAMS, J. MARSDEN (Rep.) Sworn in December 3, 1970, p. 1
Idaho Falls
Committees: Resources and Environment, Chairman, p. 5 Finance YARBROUGH, WALTER H. (Rep.) Sworn in December 3, 1970, p. 1
Committees: State Affairs, p. 5
Transportation Finance
Grandview
I
SENATE INDEX SECTION III SENATE ATTACHE INDEX FORTY-FIRST LEGISLATURE窶認IRST REGULAR SESSION This index contains the alphabetical list of Senate attaches. ADAMS, CARL W. Doorkeeper Oath of Office, p. 20
DIERS, FRED, Jr. Night Janitor Oath of Office, p. 20
NDERSON, CONNIE Docket Clerk Oath of Office, p. 4
DONNELLY, BETTY LOU Secretary Oath of Office, p. 4
ASHTON, CYDNEY Page Oath of Office, p. 19
DURALL, HARRY Assistant Sergeant-at-Arms Oath of Office, p. 4
BAYS, BERTHA Secretary to Aset. Majority Leader & Caucus Chmn. Oath of Office, p. 19
FRANKLIN, MIKE Assistant Sergeant-at-Arms Oath of Office, p. 19
BAXTER, DOROTHEA Journal Clerk Oath of Office, p. 4
GERRITY, PATRICIA Secretary Oath of Office, p. 19
BRAND, ORPHA MTST Operator Oath of Office, p. 20
GOLLER, ANNAMARIE Secretary to Majority Leader Oath of Office, p. 19
BRUNT, NATHALA Secretary Oath of Office, p. 19
GWARTNEY, BARBARA Secretary Oath of Office, p. 19
BRUNT, PAUL Doorkeeper Oath of Office, p. 20
HANFORD, DOROTHY MTST Administrative Assistant Oath of Office, p. 4
BUNTING, SALLY Assistant Hostess Oath of Office, p. 20
HANNIFIN, LEOTA Mail Clerk Oath of Office, p. 19
CANTRELL, CARMEN MTST Operator Oath of Office, p. 20
HARPER, PAT Assistant Secretary of the Senate Oath of Office, p. 4
CAREY, MYRTLE Proofreader Oath of Office, p. 20
HASSELBRING, RUBY Mail Clerk Oath of Office, p. 19
CHRISTENSEN, REED 0. Sergeant-at-Arms Oath of Office, p. 4
HULET, LINDA Page Oath of Office, p. 19
CLAPIN, LORNA MTST Operator Oath of Office, p. 20
HURLESS, PAULA Page Oath of Office, p. 19
COLLINS, WILLIAM Attorney Oath of Office, p. 19
ISON, GENEVIEVE Secretary Oath of Office, p. 19
CORY, MARTHA SUE MTST Operator Oath of Office, p. 20
JORDON, MARY LINDA Secretary Oath of Office, p. 19
356
366
SENATE INDEX
KEEFER, HAZEL Secretary to the President Oatl. of Office, p. 19
RADILLO, MARINO M. Janitor Oath of Office, p. 20
KING, MILDRED Secretary to Secretary of the Senate Oath of Office, p. 4
SANFORD, MILDRED MTST Administrative Assistant Oath of Office, p. 20
LOVEJOY, OWEN Doorkeeeper Oath of Office, p. 20
SCHMELZER, ILENE Secretary to Assistant Minority Leader Oath of Office, p. 19
MANLEY, HOWARD Attorney Oath of Office, p. 19
SEIBERT, VIRGINIA Assistant to the President Oath of Office, p. 4
MANWEILER, DIANE Proofreader Oath of Office, p. 19
SHAVER, RENEE Secretary Oath of Office, p. 19
MARLER, ALICE Gallery Receptionist Oath of Office, p. 20
SHEPARD, BEVERLY Proofreader Oath of Office, p. 19
MARTIN, MARIAN Page Oath of Office, p. 19
SMITH, JUDY Secretary
McCAMPBELL, EVELYN Secretary to Attorney Oath of Office, p. 19
SMITH, VIRGINIA Hostess Oath of Office, p. 20
MORGAN, NEWELL Chaplain Oath of Office, p. 4
SNODGRASS, HELEN Xerox Operator Oath of Office, p. 20
NEWCOMB, LURA Secretary Oath of Office, p. 19
STEWART, SUE Page Oath of Office, p. 19
NOTESTINE, DIANE Secretary Oath of Office, p. 19
STOKES, JANET Page Oath of Office, p. 19
POHLMAN, MADELINE Secretary Oath of Office, p. 19
STONE, RUBY Journal Clerk Oath of Office, p. 19
POND, MARIE Assistant to President Pro Tempore Oath of Office, p. 4
SWARTHOUT, LINDA Secretary Oath of Office, p. 19
PROPHET, TINA Secretary to Minority Leader Oath of Office, p. 4
THOMPSON, GRACE MTST Operator Oath of Office, p. 20
QUINN, BONNIE Secretary Oath of Office, p. 19
THOMAS, STEPHEN Page Oath of Office, p. 19
Oath of Office, p. 19
ENATE INDEX COSCANO, PEDRO, JR. Janitor Oath of Office, p. 20
WOOD, MICHELLE Page Oath of Office, p. 19
‘1HITTOM, BILL Public Information Officer Oath of Office, p. 19
YOUNG, MICHAEL Page Oath of Office, p. 19
%TILSON, ARTHUR Secretary of the Senate Oath of Office, p. 4
YOUNG, SHIRLEE Xerox Operator Oath of Office, p. 20
351
SENATE INDEX SECTION IV
INDEX BY SUBJECTS A
Bill No.
ABORTIONS: Enacts new laws regulating and defining an “abortional ant” ACCIDENTS: Revising the definition of negligence in connection with traffic accidents involving range livestock ADJOURNMENT: Sine Die
S. 1221
171
S. 1167
11
H.C.R.
AERONAUTICS: Appropriating $80,000 from General Fund as matching funds collected by the special one cent aviation fuel tax Appropriation—$$0,000 matching funds collected from special one cent aviation fuel tax AGRICULTURE, DEPT. OF: Appropriating $10,208 for regulation of sprayers and dusters Appropriating $36,940 for Pure Seed Laboratory Appropriating $10,000 for licensing pesticide dealers Appropriating $10,000 from General Fund to the Idaho Agricultural Labor Board for administration of Labor Act Impromptu Mutual Protection Act, requiring notification of sheriff’s office 38 hours in advance of agricultural picketing Increases appropriation by $200,000 from Special Funds MR POLLUTION CONTROL COMMISSION: Authorizing Attorney General to bring legal actions to enforce rules and regulations Provides new statement of purpose and new regulations AMENDMENTS:
Pag(
35
304
*S 1279
266
S. 1270
232
*5• 1292 *5• 1287 S. 1297
271 266 297
*S 1295
290
S. 1040 *5, 1281
46 266
S. 1141 *5 1193
99 138
COMMITTEE OF THE WHOLE
Page 3. 3. . . . .
3. . . 3. 3. 3. ;. 3. 1. 3. L 3, . 3. L
1007 1019 1025 1030 1036 1064 1070 1075 1078 1087 1101 1109 1119 1123 1142 1148 1176 1177 1189 1193 1222
77 128 51 102 81 162 78 97 129 97 186 158 186 140 158 140 186 186 186 158 214
Page S. 1225 S.J.R. 103 S.J.M. 103 S.J.M. 105 H.4$ 11.54 1L55 H.96 H. 149 H. 159 H. 170 H. 191 H. 198 H. 218 H. 219 H. 241 H. 256 H. 303 H. 309 H. 315
214 140 68 102 97 158 256 174 201 256 187 256 201 175 211 186 201 256 299 256
SENATE BILLS AMENDED IN THE HOUSE ( See House Journal) 1. 1007 L. 1015 L 1030 *5ffl became law
**Adopted
359
SENATE INDEX S. S. S. S.
L 1054 L 1071 1078 1104 L 1105 .
1136 1183 1185 1210 Page
Bill No NDERSON, KENNETH Appointment to Soil Conservation Commission confirmed
62
NDRUS, CECIL D.: See Governor \.NIMAL: Abolishing Predatory Animal Fund and transferring monies to Fish and Game Fund .PPROPRIATION BILLS: Explanation to accompany bill changing fiscal liability of government agencies .PPROPRIATIONS: $80,000 Aeronautics, Department of $80,000 Aeronautics, Department of $200,000 Agriculture, Department of $10,000 Agriculture Labor Board Boise Children’s Home, Lewiston Children’s Home, $175,000 Booth Memorial $300,823 Board of Corrections $4,600,729 Building Projects, certain specified $40,000 Child Development Centers $319,037 Commerce and Development $790,865 Deaf and Blind School $111,054 Division of the Budget $8,800 Education Council and Education Commission $13,241,501 Education, Department of $130,073 Educational Television $5,000 Federal Livestock Reporting Service $222,904 Finance, Department of $1,572,323 General Fund from Permanent Building Fund $62,972,872 Highway Board of Directors, State $36,645 Horse Racing Commission Industrial Accident Board $226,723 $1,025,000 Junior College Fund, State $159,500 Lava Hot Springs Foundation $5,947,944 Law Enforcement, Department of $3,690,794 Law Enforcement Planning Commission $138,134 Legislative Council $36,000 Lieutenant Governor $193,269 Liquor Law Enforcement $6,720 Multi-State Tax Compact Advisory Committee $64,300 Nuclear Energy Commission $48,882 Outfitters and Guides $3,208,100 Parks, Department of $295,639 Personnel Commission $11,186,982 Public Assistance, Department of $34, 131,014 Public Assistance, Department of $382,702 Public Employee Retirement Board $342,780 Public Utilities Commission $34,940 Pure Seed Laboratory $10,208 Regulation of Sprayers and Dusters $35,200 Scaling Practices, State Board of $100,000 Secretary of State $1,750,000 Social Security Trust Fund —
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
S. 1069
62
*5 1209
163
1270 1279 1281 1295
232 266 266 290
S. *8. *5 *5
*5 1242 *$ 1251 *5 1283 *S. 1290 *S. 1240 *5 1257 *S. 1234 *S. 1231 *5 1294 *S. 1233 S. 1056 *5• 1250 S. 1112 *S 1293 S. 1218 *5• 1154 *5 1269 *5 1153 *S 1284 *S. 1256 *S 1228 *5 1229 *S. 1158 4’S. 1260 *5 1261 *5 1217 *5 1258 *5 1214 *5 1282 S. 1268 *5 1296 S. 1241 *5 1287 *5• 1292 *5 1215 1286 *5 1243
188 2V7 266 270 188 222 184 184 290 184 5’ 21€ 27’ 16€ 10 23 1OL 26€ 22 17 17 10 22 224 16 22 16 26 234 29 18 26 27. 16i 26’ 18
*Bill became Ia **Adopted
360
SENATE INDEX Special Growers Fund: Wheat Commission $300,000; Bean Commission $100,000; Cherry Commission $15,500; Apple Commission $18,000; Dairy Commission $321,850; State Brand Inspector $493,885 Special Services, Department of $827,934 State Tax Commission $2,134,184 State Treasurer $2,250 Statewide Public School Information System $433,150 Tax Appeals, Board of $38,008 Tax Commission, State $2,149,184 Traffic Safety Commission $482,922 University of Idaho (Agricultural Extension) $2,560,825 University of Idaho Agriculture Programs: Agricultural Extension $2,071,273; Pure Seed Laboratory $36,940; Agriculture Research $2,560,825 Uniform Consumer Credit Code, administer provisions of $40,000 University of Idaho, short term research $50,000 Veterans Home $197,600 Vocational Education $5,287,721 Vocational Education, State Board of $1,371,099 Water Administration, Department of $706,000 WICHE $290,500 Youth Training Center, State $1,036,819 —
—
Bill No.
Pag
*5• 1159 “S. 1267 S. 1266 S. 1265 S. 1291 5. 1259 *5 1280 *5 1224 *5 1285
10 23 23 23 27: 22 26( 17: 26(
S. 5. *5• *5 S. *5 S. *5• *S.
18 27( 24’ 16l 21( 21 21 184 184
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
1237 1289 1275 1216 1249 1252 1253 1235 1232
ARSTEIN, OSCAR C.: Appointment as Commissioner of Agriculture confirmed
224
ASSOCIATED INDUSTRIES: Expressing appreciation for furnishing legislative digests
**S.c.R.
118
24(
ATTACHES: Fixing Salaries
**S.c.R.
102
1
S. 1210
16
5. 1173
12
AUDITOR, LEGISLATIVE: Authorizing to charge dedicated fund agencies for auditing services Required to conduct an audit immediately following resignation or dismissal of any department, agency or division head responsible for the expenditure of funds B BARKER, JOHN M.: Appointed to Education Commission of the States
101
BARRY, WARREN: Appointment to Board of Aeronautical Directors confirmed
224
BARTENDERS: Making it a misdemeanor to make false statement in application for bartender’s permit
S. 1183
BAUER, RICHARD: Appointment to Board of Aeronautical Directors confirmed
224
BENDER, JOHN: Appointment as Commissioner of Law Enforcement confirmed
37
BIDS: Establishing procedure and qualifications of bidders for Public Projects BILLS, APPROPRIATION: Explanation to accompany bill changing fiscal liability of government agencies. BONDS: Expanding authority of city to prescribe the form of revenue bonds BROKERS: Eliminating requirement that non-resident brokers may have no direct interest in an Idaho agency BROWN, BARTLETT: Appointment as Commissioner of Labor confirmed
129
.
.
S. 1009
22
“S. 1209
163
*5 1239
188
S. 1128
85 40 *Bill became law **Adopted
SENATE INDEX
361 Bill No.
Page
S. 1234
184
BUDGET HEARINGS: Eliminating provision for open sessions of Joint Finance and Appropriations Committees
S. 1157
104
BUDGETS: Requiring taxing districts to hold formal hearings on their proposed budgets
S. 1087
69
BUDGET DIVISION: Appropriating $111,054 from General Fund.
C AYLOR, JOHN: Appointment to Idaho State Historical Society confirmed
193
CEMETERY: Authorizing examination of endowment care funds of cemetery authority
S. 1207
CERTIFICATE: Election from Secretary of State Attesting Journal
157 1 309
CHARLTON, FRED: Appointment as Director of State Liquor Dispensary confirmed CHILD, BILL: Appointment as Acting Director of Department of Public Assistance confirmed.
40 .
40
.
CHILDREN: Requiring school districts to provide instruction and training for “exceptional children” (handicapped or specially gifted children)
5. 1047
CHILDREN’S HOME: Appropriating $175,000 from General Fund to Boise Children’s Home, Lewiston Children’s Home and Booth Memorial
5. 1242
CITIES: Expanding authority of city to prescribe the form of revenue bond
CS. 1239
COGSWELL, DARWIN D.: Appointment to Judicial Council confirmed COIN OR DEPOSITORY BOXES: A misdemeanor to maliciously and willfully open or attempt to open COIN OPERATED MACHINES: Misdemeanor to damage
48
188 160
S. 1001
19
S, 1057
59
COLLEGE: Changing name and status to Lewis-Clark State and setting forth new powers, duties, regulations, etc Changing name of Lewis-Clark Normal to Lewis-Clark State College and reference in Idaho Code of Department of Education, Idaho State University
5. 1095
70
*5 1094
70
COMMERCE AND DEVELOPMENT, DEPARTMENT OF: Appropriating $319,037
*S, 1240
18
COMMITTEES: Allowing all members of legisature and press to attend joint meetings.... S.C.R. 105 Eliminating open sessions of Joint Finance and Appropriations; time set 5. 1157 to begin budget hearings Establishing Legislative Interim Study Committee **S.C.R. 115 to study problems of potato industry Interim Fire Committee report S.C.R. 106 To study Department of Education Capitol Planning, Decorum, Hospitality, Lincoln Day, Memorial Day, Photograph, appointed COMMITTEES, STANDING: Created and members appointed
—
4 10 20 230 4 3i
Organizational Session *Bill became la **Adopted
362
SENATE INDEX Bill No.
CONFERENCE COMMITTEE: Appointed from Senate for consideration of House Amendments to 5. 1032 Appointed from House for considering Senate Amendments to H. 309 Appointed from Senate for considering Senate Amendments to H. 309 Report on House Amendments to S. 1032 Report on Senate Committee on H. 309
Pag 9( 29( 29( 12 29
CONGRESSIONAL DISTRICTS: Removing Legislative District #17 and Elmore County from 1st to 2nd District. 5. 1155 Removing Legislative District #14 and Elmore County from 1st to 2nd District. S. 1156 CON STITUIONAL AMENDMENTS: Allow University of Idaho to charge tuition at the graduate level S.J.R. 106 Classification of property; uniform taxation within classes S.J.R. 104 Eliminating elected state officials as automatic members of the land board 101 Eliminating requirement that property be taxed uniformly according to value S.J.R. 105 Legislative compensation of $5500 annually S.J.R. 107 Legislative compensation of $4800 annually S.J.R. 108 Legislative compensation as prescribed by law S.J.R. 109 Legislative compensation of $2400 annually S.J.R. 110 Legislative compensation of $1200 annually S.J.R. 111 **5.JR. 112 Legislative compensation to be set by citizen’s committee **S.J.R. 113 Legislative compensation of $3600 annually Management and supervision of University of Idaho by legislature S.J.R. 103 Providing for number of persons on juries in certain jury trials S.J.R, 102 ..
.
.
.
104 104 13€ 12 2t 12 151 18 18’ 23 25’ 30C 301 lOl 9
CONSTITUTIONAL CONVENTION: Asking Congress to disregard memorials adopted by Idaho Legislature in 1963 and 1965
**S.J.M.
109
51
CONSTRUCTION: Expenditure of legislative funds for construction purposes
**5.C.R.
103
1
CONSUMER PROTECTIVE ACT, IDAHO: To regulate unfair methods of competition CONTRACT TO WORK: Providing that no agreement be enforceable which has the effect of indemnifying a promisee for the sole negligence of the promisee
S. 1041
4
S. 1029
4
COOKE, GEORGE: Appointment to Board of Aeronatical Directors confirmed
224
CORPORATIONS: Permits corporation to have less than three directors if all shares of stock are owned by less than three stockholders
5. 1144
9
CORRECTIONS, BOARD OF: Appropriating $300,823 for probation and parole Authorizing establishment of rehabilitation center
*5 1251 *5 1245
21’ 19
S. 1162
10
1066
6€
*5 1179 *5 1115
12€
5. 1180 *5 1146
12€ 9l
*5 1227
17
COSMETOLOGY: Providing for an examination for a cosmetology instructor to be licensed COUNTIES: Collection of taxes. Amends I.C. obsolete material COURTS: District, providing for challenging sufficiency of criminal complaint District, jurisdiction increased from 60 to 120 days Establishing District Court procedure of distribution of property affected by death of person Making Supreme Court rules govern District Court proceedings Repeals obsolete material in I.C. since adoption of court reform in 40th Legislature COURT COSTS: Inability of indigent persons to pay
*
S. 1045 *Bill became lww **Adopted
SENATE INDEX
363
BIR No. OURT REFORM: S. 1213 Amending law dealing with parent-child relationships Revising law dealing with appeals to conform with new court reorganization law.. ‘CS. 1230 RAMER, TED: Appointment as Acting State Purchasing Agent confirmed .
Page 165 179 40
D )AVIS-BACON ACT: Authorizing Governor to suspend wage rate provisions relating to projects in Idaho financed in part by federal funds )EFENBACH, JAMES A.: Appointment as Legislative Auditor confirmed
S. 1272
232 70
)E SHAZO, ROBERT: Appointment as Commissioner of Public Works confirmed
40
)ETAINERS: Enacting uniform agreement to secure speedy trials
*5 1122
84
)RIVER REHABILITATION: Authorizing Commissioner of Law Enforcement to establish driver rehabilitation program
S 1248
216
)RUGS: Providing procedure for rehabilitation of drug addicts
S. 1222
171
*5, 1178
126
S. 1170
122
S. 1138 S. 1166 S. 1264
99 116 230
S. 1123 *5, 1099
84 75
5. 1223
171
*5 1294 S.C.R. 106
290 47
DUCATION COMMISSION OF THE STATES: And Idaho Education Council; Appropriation of $8,800
*S, 1231
184
DUCATIONAL TELEVISION: Appropriation of $130,073
*5, 1233
184
ELECTION LAWS: Corrections made because of omission of amendments to H. 555 in 40th Legislature
*S 1004
18
ELECTIONS: Providing that officers of taxing districts may be subject to recall Specifying manner of voting
5. 1106 *5, 1186
75 135
iIECTIONS, JUDICIAL: To clarify the language concerning canvassing of returns
*5 1188
135
S. 1118
80
B iCONOMIC POISON LAW: Changing name to the “Pesticide Law” and providing rules and regulations DUCATION: Authorizing institutions of higher education to charge institutional fees and defining such fees Limitation on the duration of contracts for employees of higher learning institutions Repeals repayment of tuition paid by state under WICHE program Setting May 15 as date when teacher negotiations must be completed DUCATION, STATE BOARD OF: Enlarging membership Increasing per diem allowance from $15 to $25 Making ex-officio members of the State Board of Education non-voting members. Vetoed —
DUCAflON, DEPARTMENT OF: Appropriation $13,241,501 Special study committee —
ELECTRIC COMPANIES: Requiring application to Public Utilities Commission for development of new generating plants
*Bill became law **Adopted
364
SENATE INDEX Bill No.
ELECTRIC POWER: Authorizing municipal power systems to buy electric power for the purpose of selling or exchanging such power with the Bonneville Power Administration Authorizing cities owning distribution systems to dispose of power through Bonneville Power Administration EMPLOYEES, PUBLIC: Right to negotiate with respect to employment EMPLOYEES, STATE: Establishing an incentive plan Establishing policy on overtime, vacation and holiday pay Uniform work and vacation policy Vetoed —
EMPLOYMENT: Female employees exempt from hour limitation EMPLOYMENT SECURITY LAW: To disqualify any claimant leaving work voluntarily, not just female claimants; changing percentage of weekly benefit from 52 % to 55%
31
*S 1067 S. 1023
3
*5 1126 5. 1246 5. 1102
9 7
5, 1097
7
*$• 1054
ENDOWMENT FUND INVESTMENT BOARD: Allowing employment of trustee and staff Authorizing investment in corporate or government bonds rated BBB or better Authorizing investment in bonds, notes or obligations of other states, or corporate bonds if such bonds have a BBB rating or better Providing for addition of State Treasurer to Board Providing for investment of permanent endowment funds in mortgages if guaranteed by Small Business Administration EXPENDITURES, STATE: Allowing transfer of money by state departments
S. 1014
Pag
*5• 1204 *5 1149
15 10:
S. 1150 5. 1019
10: 3
S. 1148
10:
S. 1276
24
F FANNING, JOHN G.: Appointment to Highway Board confirmed FARMERS HOME ADMINISTRATION: Urging Congress to make additional money available for family farm operating loans FEDERAL LAND LAWS COMMISSION: Providing for continuance
10
**s.J..M.
110
18’
5. 1017
3
FEDERAL REVENUE SHARING: Urging Congress to enact revenue sharing plan
S.J..M.
107
9
FEDERAL TAX SHARING: Requesting Congress call constitutional convention to adopt an amendment to the U.S. Constitution requiring federal government to share its income tax revenue with state and local units of government
S.C.R.
107
6
S. 1091
6
*3 1289 *5, 1250 S. 1263
27( 2D 22
FINANCE, COMMISSIONER OF: Amending Idaho Code regarding qualifications FINANCE, DEPARTMENT OF: Appropriation of $40,000 to administer provisions of Uniform Consumer Credit Code Appropriation of $222,904 Revisions of qualifications of the Commissioner FIRE PREVENTION: Establishing a Fire prevention division in the Department of Insurance
5. 1101
FIRE STUDY COMMITTEE, INTERIM: Committee report FISH AND GAME: Allow 65 year old persons to hunt and fish during open seasons without a license
23
S. 1051
5 *Bill became la **Adopted
SENATE INDEX
Limiting number of non-resident hunting licenses Limiting $5 non-resident gun carrying license to period from January 1 to August 31 Requiring interest from investment of idle money in fund be credited to that fund UND, GENERAL: Providing that 5% of special dedicated funds be transferred Transfer of $1, 572, 328 from Permanent Building Fund
365 Bill No. S. 1255
Page
1226
178
S. 1244
197
S. 1113 S. 1112
79 77
222
0 ARRETT, FRED A.: Appointment as Director of Department of Employment confirmed
53
lASOLINE: Labeled as to octane rating, requiring gasoline to be identified as to octane rating... S. 1021
34
EOLOGISTS: Establishing Board, and providing for professional licensing, etc
S. 1007
21
RANDWEW-GUFFEY: Relating to development of Allowing development of
S. 1254 *S. 1212
222 163
OVERNOR: Budget Message Inaugural Address Message Re-assessing Idahoâ&#x20AC;&#x2122;s Budget needs Message of welcomeâ&#x20AC;&#x201D;organizational session Special message on unemployment read State of the State Message
23 8 190 1 37 10
RINER, CARL: Appointment as State Inspector of Mines confirmed ROWERS: Special Growers Fund appropriation for expenses of commissions IUBERNATORIAL APPOINTMENTS: Acting Senator Manley, Margaret Appointed by Governor Confirmed by Senate Administrative Services, Acting Director of Lenaghen, Robert Appointed by Governor Confirmed by Senate
62
s.
1159
107
83 83
27 170
Agriculture, Commissioner of Arstein, Oscar C. Appointed by Governor Confirmed by Senate
176 224
Aeronautical Directors, Board of Barry, Warren Appointed by Governor Confirmed by Senate
135 224
Bauer, Richard Appointed by Governor Confirmed by Senate
135 224
Cooke, George Appointed by Governor Confirmed by Senate
135 224 *Bill became law **Adopted
366
SENATE INDEX Bill No Hinkley, Clifford Appointed by Governor Confirmed by Senate Yager, Archie Appointed by Governor Confirmed by Senate Commerce and Development, Acting Executive Secretary of Howe, Lloyd Appointed by Governor Confirmed by Senate Education, State Board of Munson, Dr. J. P. Appointed by Governor Confirmed by Senate Employment, Department of, Director Garrett, Fred A. Appointed by Governor Confirmed by Senate Finance Department, Acting Commissioner of McEldowney, Tom Appointed by Governor Confirmed by Senate Health, State Board of Peterson, Lester J. Appointed by Governor Confirmed by Senate Highway Board of Directors Fanning, John G. Appointed by Governor Confirmed by Senate Historical Society, Idaho State Caylor, Dr. John Appointed by Governor Confirmed by Senate Humphrey, Carol Appointed by Governor Confirmed by Senate Waggoner, Vena Appointed by Governor Confirmed by Senate Judicial Council Cogswell, Darwin P. Appointed by Governor Confirmed by Senate Woodworth, Pat Appointed by Governor Confirmed by Senate Labor, Commissioner of
Pag 13 22 13 22
2 5
21 23
3 5
2 6
12 23
6 10
12 19 12 19 8 12
15 16 1314& 16’
Brown, Bartlett Appointed by Governor Confirmed by Senate Law Enforcement, Commissioner of Bender, John Appointed by Governor Confirmed by Senate Liquor Dispensary, Commissioner of Chariton, Fred Appointed by Governor Confirmed by Senate
2’ 4’
2’ 3
2 4’
SENATE INDEX
367 Page
Webster, Bill Appointed by Governor Confirmed by Senate
82 104
Mines, State Inspector of Griner, Carl Appointed by Governor Confirmed by Senate Public Assistance, Department of Acting Director of Child, Bill Appointed by Governor Confirmed by Senate Public Employees Retirement Board Jensen, J. Allen Appointed by Governor Confirmed by Senate Public Utilities Commission Nock, Harry Appointed by Governor Confirmed by Senate Public Works, Commissioner of De Shazo, Robert Appointed by Governor Confirmed by Senate Purchasing Agent, State Cramer, Ted Appointed by Governor Confirmed by Senate
27 62
28 40
28 45
61 7
28 4C
28 4C
Soil Conservation Commission Anderson, Kenneth Appointed by Governor Confirmed by Senate
3
State Planning and Community Affairs Acting Director of Misner, Marvin Appointed by Governor Confirmed by Senate State Police, Superintendent of Hand, L. Clark Appointed by Governor Confirmed by Senate
28
21 4(
Water Resource Board Streiff, John Appointed by Governor Confirmed by Senate Reed, Scott Appointed by Governor Confirmed by Senate ScMender, Ed Appointed by Governor Confirmed by Senate
28 12] 28 12] 12( 17f
Yost, George Appointed by Governor Confirmed by Senate
..
28 12]
H HAND, L. CLARK: Appointment as Superintendent of State Police confirmed.
...
4f
368
SENATE INDEX Pag
HEALTH, STATE BOARD OF: Appropriation of $16,288,740
—
Vetoed
HEALTH, DEPARTMENT OF: Approval required of sanitary restrictions on subdivision plats Professional care service corporations, amends I.C. to expand law governing Medical Service Corporations Requiring sewage disposal facilities on state land leased cottage sites HEARING AIDS: Dealers and consultants licensed, establish Board, qualifications, etc Requiring licensing of dealers HIGHWAY, DEPARTMENT OF: Appropriation of $62,972, 872 HIGHWAY FUNDS: Distribution of State Highway Funds to local units of government new formula of receipt of funds by cities Extending 10 tax and revising distribution formula —
HIGHWAYS: Requiring cities, counties, highway districts and highway department to report gas tax revenue expenditures to State Auditor Signs designating livestock areas
.
.
.
S. 1271
23
*5 1184
12
S. 1059 *5 1197
5 7
s. 1008 *5 1196
2 14
S. 1293
27’
S. 1062 5. 1262
6( 22
*5• 1273 S. 1168
24 11
HINKLEY, CLIFFORD: Appointment to Board of Aeronautical Directors confirmed HOME SOLICITATION SALES: Defines and regulates, allows consumer to cancel such sales under certain conditions HORSE RACING COMMISSION: Appropriation of $36,645 Requiring appointments to commission be approved by Senate, set per diem and increase races at meets To increase memberships from three to five members
22
S. 1043
4
S. 1218
161
*5 1189 5. 1065
131 6f
HOWE, LLOYD: Appointment as Acting Executive Secretary of the Department of Commerce and Development confirmed HUMPHREY, CAROL: Appointment to Idaho State Historical Society confirmed HUNTERS, BIG GAME: Wearing of “hunter orange” colored material required
19i 5. 1103
I INDIGENT PERSONS: Court costs, inability to pay
S. 1045
4
INDUSTRIAL ACCIDENT BOARD: State Insurance Fund, Idaho Real Estate Commission, funds transferred
S. 1154
104
*5 1172
12
S. 1109
7(
S. 1225
17]
INSURANCE: Amending code to include mail or any written solicitation for insurance Liability, authorization of Commissioner of Insurance to adopt regulations regarding liability for injury to third party Requiring insurer to notify policy holder and commissioner of insurance prior to cancellation of policy Authorizing use of discovery procedures in lawsuits involving liability insurance policies INTEREST RATES: Reducing the maximum legal interest rate from 10% to 8% per annum
S. 1147 5 1171
12 *Bill became la **Adopted
SENATE INDEX
369 Bill No
Page
:NVENT0RY: Senate
307
[NVENTORY TAX: Reducing amount of the sales tax fund paid to counties from 20% to 15%
S. 1205
154
[RRIGATION DISTRICTS: Exclusion of lands from districts To provide method where property in a subdivision can be removed
1064 S. 1068
60 62
[RRIGATION AND DRAINAGE PUMPERS: Tax exemption repealed
5. 1131
90
[RRIGATION PUMPING: Exemption for electricity in irrigation pumping repealed
5. 1133
91
J JENSEN, J. ALLEN: Appointment to Public Employees Retirement Board confirmed
41
JOINT SESSIONS: Governor’s budget message Governor’s message reassessing Idaho’s budget needs Governor’s State of the State message Memorial for Abraham Lincoln
2 ia 1C 81
JUDICIAL DISTRICTS: Transferring from Twin Falls to Jerome County one resident judge of the Fifth Judicial District JUNIOR COLLEGES: Appropriating $1,025,000 to State Board of Education for Junior Colleges Changing name of North Idaho Junior College to North Idaho College Raising the resident tuition per semester JURIES: Proposing constitutional amendment which would permit juries of less than 12 persons to hear misdemeanor criminal cases Prohibiting discrimination in selection of jury lists
S. 1079
64
*5 1269 *5 1108 *5 1111
23 71 7€
S.J.R. 102 S. 1140
.
9 .
K KINDERGARTEN S: Authorizing public school kindergartens on voluntary basis Establishing kindergartens on local option and providing funding
S. 1077 5. 1135
6 91
L LABOR: Agricultural labor disputes to be under the jurisdiction S. of Commissioner of Labor S. Amending I.C. defining labor disputes *5• Authorizing the Department of Labor to accept federal grants Directs legislative council to study agricultural labor problems and make **S.C.R. recommendations to next session of legislature 5. Enacting Idaho Labor Relations Act and creating State Labor Relations Board. 5. Removing agricultural exemption under the labor laws of the State .
LABOR ACT: Appropriating $10,000 to Department of Agriculture for administration of Labor Act LABOR, FARM: Removing exemption in present labor relations act LANDS: Exchange of federal and state lands, eliminating certain requirements Federal payments to compensate for loss of tax revenue from federally owned
1037 1052 1196
4( 5 141
111 1038 1049
15. 41 41
*5 1295
29
S. 1039
4
.
S. 1071 **5.J.M.
101
2 *Bill became la’ **Adopted
SENATE INDEX Bill No. LANDS, STATE: Authorizes the Lt. Governor to select advisory committee to assist in the selection of indemnity lieu lands due from the federal government Establishes fund for sewage collection and waste disposal facilities, and appropriation of $35,000 Increase interest rate on rental payments Posting of ownership notices Requiring that leases be posted in county court house and advertised where land is situated
S.C.R.
Pag
10$
6
*$ 1072
5. 1211 S. 1073
61 161 61
S. 1074
64
S. 1208 **SJR 101
16C 2(]
LAVA HOT SPRINGS FOUNDATION: Appropriating $159,500
S 1153
104
LAW ENFORCEMENT: Prosecuting attorney not required to prosecute traffic offense and misdemeanors committed within the city limits
S 1143
99
*5 1284 *5 1248
266 216
S. 1161
1.07
S 1256 S. 1181
222 126
5. 1093
70
*5 1210
70 163
S. 1173
122
*S 1228 S. 1090 S.C.R, 119
178 60 269
LAND BOARD, STATE: Providing for members to be appointed by the Governor To eliminate elected state officials as automatic members of the Land Board
LAW ENFORCEMENT, DEPARTMENT OF Appropriating $5,947,944 Authorizing Commissioner to establish driver rehabilitation program Authorizing Commissioner to assess penalty for violation of liquor-by-the-drink statutes LAW ENFORCEMENT PLANNING COMMISSION: Appropriating $3,690,794 Redefining “law enforcement agency” LEGAL JEOPARDY: Responsibility of self defense or aid to a victim of assault LEGISLATIVE AUDITOR: Appointment of James A. Defenbach confirmed Authorizing to charge dedicated fund agencies for auditing services Required to conduct an audit immediately following resignation or dismissal of any department, agency or division head responsible for the expenditure of funds LEGISLATIVE COUNCIL: Appropriating $138,123 Repeals 1.0. which established the Legislative Council To study administration of dedicated funds To study agricultural labor problems and make recommendations to next session of legislature To study feasibility of state becoming a self-insurer LEGISLATIVE COMPENSATION: Creation of citizens committee to set legislative compensation Constitution amendment to set legislative compensation Establish annual salary of $2,400 Establish annual salary of $4,800 plus mileage Permitting salary and allowances to be set by law but change does not apply to legislature that sets it Proposing constitutional amendment which would set salaries of legislators at $1,200 per year Proposing constitutional amendment which would fix legislator’s salaries at $5,500 per year Revising expense allowances for state legislators and removing restrictions on length of sessions ..EGISLATIVE EXPENSE: Repealing time limitation for payment of allowances
**$.CR. **S.C.R.
111 114
151 168
**SJR **5.JR. S.J.R. SJ.R.
112 113 110 108
300 301 238 182
S.J.R.
109
187
S.J.R.
111
257
S.J.R,
107
151
*5 1160
107
5. 1013
30 *Bill became law **Adopted
SENATE INDEX
£GISLATORS: Communication from Senator Art Manley designating Margaret Manley as Acting Senator Constitutional immunity granted Expense allowance of $25.00 per day while in session Secretary of State to keep record of vital statistics and information 4EGISLATURE: Proposing constitutional amendment which would authorize legislature to enact laws relative to the supervision of the University of Idaho Providing that legislative vacancies be filled from same political party Ratifying and adopting acts of organizational session
371 Bill No
Page
S. 1080 S. 1085
81 152 65 68
S.J.R. 103 *5 1139 S.C.R. 101
103 99 7
3ENAGHEN, ROBERT: Appointment as Acting Director of Administrative Services confirmed IEUTENANT GOVERNOR: Appropriating $36,000 Authorized to select advisory committee to assist in the selection of indemnity lieu lands due from the federal government Final report of Fire Negotiating Team
170 S. 1229 S.C.R.
108
.4INCOLN DAY MEMORIAL SERVICE: Address by U.S. Representative Orval Hansen Joint Session
178 68 203 87 $6
iIQUOR: Assessment of penalty for violation of liquor-by-the-drink statutes By the drink, sold on Sundays at conventions By the drink, and beer, sold until 2:00 a.m Providing for penalty payment to avoid suspension of liquor license
S. *5 S. S.
1161 1125 1084 119$
107 85 68 148
.JQUOR LAW ENFORCEMENT: Appropriation of $193,269
*5 1158
104
IVESTOCK: Illegal possession of livestock or carcass, permitting search of vehicle Providing regulations for distribution of customer-formula livestock feeds
S. 1033 *5 1185
45 130
.JVESTOCK MARKET BOARD, PUBLIC: Consideration of financial stability of stockholder when granting a charter for a market
S. 1219
170
IVESTOCK REPORTING SERVICE: Appropriating $5,000 from General Fund to the Commissioner of Agriculture
S. 1056
104
M IAGISTRATES: Making Supreme Court rules govern proceedings Providing for re-election of appointed magistrates after serving one full term Records of proceedings, reporting to be done stenographically Substitutes for Probate Courts in appeals
*5 S. *5• *5
1146 1107 1044 1145
99 76 48 99
‘IANLEY, ART: Communication designating Margaret Manley as Acting Senator
81
IANLEY, MARGARET: Appointment as Acting Senator confirmed
83
IEAT INSPECTION: Allowing custom slaughterers to slaughter game animals, horses, mules or other equines without inspection for household use Allowing processing of game animals by custom slaughterers Permitting “holding coolers” under Meat Inspection Law to be single unit VIEMORIAL SERVICES: Adams, Senator Lloyd Hansen, Senator Neph W
S. 1002 *5• 1032 *S. 1274
16 244 111 111
*5ffl became law **Adopted
SENATE INDEX Bill No Humphreys, Senator W. R Irwin, Senator Carl D Jones, Senator David Parry Lafrenz, Senator Frank H MeAteer, Senator Thomas Phillips, Senator Milton E Porter, Senator Ellsworth W Robins, M.D., Senator, Charles Armington Rudd, Senator George F Siddoway, Senator J. C Sims, Senator Howard White, M.D., Senator Raymond L Yost, Senator Harry L Young, Senator James H
Pag 11
w ii: ii: 1l 11 10 10 ill ill 10
io
ill 10
MILEAGE, SENATORS: Committee report
31
MINING: Regulating surface mining operations on all lands in the State of Idaho MINING MORATORIUM: Urging withdrawal of Sawtooth, White Clouds and Boulder Mountains from further mineral entry for 5 years
5. 1120
**S.J.M.
104
MISNER, MARVIN: Appointment as Acting Director of State Planning and Community Affairs agency confirmed MOBILE HOMES: Establishing minimum health and safety standards for plumbing, heating and electrical systems MOTORCYCLES: Requiring rear view mirrors on motorcycles and motorbikes MUNICIPAL POWER SYSTEMS: Allows purchase of electric power and energy for purpose of reselling to federal government Authorizing power systems to buy electric power for purpose of selling or exchanging such power with the Bonneville Power Administration MUNICIPALITIES: Leasing of surplus or excess capacity of a water system Transfer of personal and real property to certain other governmental bodies by the City Council
81
4
6
*5• 1075
6’
5, 1130
9(
*5, 1067 S. 1014
3(
5, 1124
8
S. 1046
4
MUNSON, DR. J. P.: Appointment to State Board of Education and Board of Regents for the University of Idaho confirmed
23:
MURPHY, SENATOR ARTHUR P.: Appointed to represent Governor Andrus while attending the funeral of former Senator Howard Sims
3l
MC McELDOWNEY, TOM: Appointment as Acting Commissioner of Finance confirmed N NEGOTIABLE INSTRUMENTS: Requiring words “Consumer Paper” be printed on the face of any contract before it could become a negotiable instrument under the laws of Tdaho NEWSPAPERS: Expressing appreciation for Idaho daily newspapers for complimentary issues
S. 1042
**S.C.R.
116
4
24f *Bill became la **Adopted
373
SENATE INDEX Bill No. lOCK, HARRY: Appointment to Public Utilities Commission confirmed
Page 79
IORTH VIETNAM: Urging Congress to take all possible steps to require North Vietnam to live up to terms of Geneva Convention
105
52
*5 1261
222
1151
101
)MBUDSMAN: Office created and setting forth regulations
S. 1034
45
)PTOMETRY: Providing a revised code to regulate and license practice of optometry Providing new method of appointment of members
S. 1192 S. 1191
137 137
101
5 7 2
*5• 1217 S. 1089
165 69
S.J.M.
CLEAR ENERGY COMMISSION, IDAHO: Appropriation of $64,300 URSING HOME EXAMINERS: Requiring funds collected by Board be deposited in state treasury
)RGANIZATIONAL SESSION: See Organizational Session Index. Permanent Standing Committees created Ratifying and adopting acts of Temporary rules of the Senate adopted
S.C.R.
)UTFITTERS AND GUIDES: Appropriation of $48,882 Failure to serve the public as grounds for revoking the license P ARKS: To create a National Park and recreation area in Sawtooth and White Clouds.
103
43
3ARKS, DEPARTMENT OF: Appropriation of $3,208,100
S. 1258
222
AROLE: Eligibility of prisoners
S. 1114
79
PENITENTIARY: Establishing schedule of “good time” credited against prisoner’s sentence Inmates granted home furloughs by Director of Correction To change name to the State Rehabilitation Center
1116 *5• 1121 S. 1117
79 84 79
PERSONNEL COMMISSION: Appropriation of $295,639
S. 1214
165
S. 1297
297
*S. 1178
125
*5• 1176
125
PESTICIDES: Appropriation to Department of Agriculture of $10,000 for the licensing of dealers Changing name of “Economic Poison Law of 1963” to the “Pesticide Law” and providing rules and regulations Redefines and provides new rules and regulations for application of pesticides
.
S.J.M.
PETERSON, LESTER J.: Appointment to State Board of Health confirmed PHOTOGRAPHS: Sets aside $2,423 for photo’raphs of legislators POLICE DEPARTMENT: And City of Boise, appreciation for free parking privileges during Legislature POLITICAL CONVENTIONS: Providing for delegates for higher education institutions to attend political party state assemblies
23 **S.C.R.
109
9
**S.C.R.
117
24€
*5 1078
6 *Bill became la’ **Adopted
374
SENATE INDEX
Bill No. POLITICAL OFFICES: Appointments to fill vacancies to be of same political party 5. 1036 POLITICAL PARTIES: Repealing session laws defining “political parties” and establishing qualifications. S. 1016 Revising requirements to maintain existence S. 1018 Setting forth criteria to allow a political party to be created and S 1187 qualified to participate in elections POLLUTION ABATEMENT: Urging Congress to make funds available to the states S.J.M. 102 POTATOES: Authorizing creation of a legislative interim committee to study problems of potato growing and marketing **S.C.R. 115 Repealing portions of I.C. and enacting the “Idaho Marketing Act of 1971” 5. 1202 PRESIDENT PRO TEMPORE: Senator James Ellsworth elected Senator Ellsworth appointed to represent Lt. Governor Jack Murphy and members of Senate while attending the funeral of former Senator Howard Sims Report of Interim Fire Committee .
PRINTING CONTRACT: Senate Journal contract awarded to Syms-York Company Senate and House bills, resolutions, memorials contract awarded to Comet Printing and Lithograph Company
Pag 4 3 3 13 3.
20 14
3 23
**S.R.
101
3
**S.C.R.
104
3
S. S. S. 5. 5.
1050 1096 1175 1164 1145
5 12 11 9
S. 1070
6
5. 1180
12(
PROBATE CODE: Adopts a new “Uniform Probate Code” for the State of Idaho Amends S. 1050, Uniform Probate Code Amends 5. 1050, Uniform Probate Code Amends Uniform Probate Code to change homestead allowance, etc Substitutes Magistrates in adoption appeals PROPERTY: Amends I.C. to eliminate provisions that State Land Board must accept best cash offer for surplus property Filing of petition in District Court for distribution of property affected by death of a person Personal property claimed by more than one person deposited with Court during interpleader proceedings Posting of tax roll list Real property assessment as to a base year Requiring third party claimant to show interest in estate
5. 5. S. S
1092 1088 1090 1182
7f & & 12
1238 1132 1086
1$ 9C &
105 1020 1003 1025 1031
12 3
1058
5
104 1024
12 3
PUBLIC ASSISTANCE: Defining “financially irresponsible person”
S. 1194
142
PUBLIC ASSISTANCE, DEPARTMENT OF: Appropriation of $34,131,014
S. 1268
232 *Bill became law **Adopted
PROPERTY TAX: 4% limitation not applicable S. Assessment of 15% rather than 20% and reducing sales tax refund to counties S. *5 Commercial and agricultural market value Contsitutional amendment eliminating requirement for taxing uniformly according to value S.J.R. Determining market value S. Exempting new construction from ad valorem taxes S. Exemption for extreme hardship S. Exemption for retired and elderly persons 5. Increasing to 100% the cities portion of revenue levied for road construction on property within the city limit S. Proposing a constitutional amendment authorizing assessment at varying rates for different classes S.J,R. Reducing market value of residential improvements S. ..
4i
31
SENATE INDEX
Appropriation of $11,186,982
Bill No. *S. 1282
Pag
S. 1076
6’
PUBLIC CARRIERS: County Commissioners authorized to regulate operation of trains and public carriers PUBLIC OFFICIALS: Commissioner of Insurance to establish a uniform surety bond and amounts for all state officials, etc
*5• S. Prohibited from private law practice if annual salary exceeds $14,000 PUBLIC PROJECTS: S. Establishing procedure and qualifications of bidders N, IDAHO: PUBLIC UTILITIES COMMISSIO 5. Appropriation of $342,780 NT OF: PUBLIC WORKS, DEPARTME Appropriation of $4,600,729 from Permanent Building Fund for building projects. ‘IS.
26(
1030 1174
41 121
1009
21
1241
i8
1283
26
R RAILROADS: S. 1012 Common carrier equipped with first aid kit and sanitary drinking water **S.C.R. 110 Freight Rate Study by Public Utilities Commission Requires certain safety and sanitary equipment and conditions on S. 1028 locomotives, cabooses and change rooms **$.J.M. 106 Urging Congress to provide for continued railroad passenger service for Idaho REAL ESTATE: Subdivision developers required to set aside land for park and school purposes.
2 12 4 8
5. 1203
15
5. 1063
6
RECORDS: Use of certified copies of hospital charts and records
S. 1053
5
RECREATION: Authorizing districts to issue bonds elections Districts
S. 1015 *5 1005
3 1
S. 1155 S. 1156
10 10
.
.
.
RECLAMATION: Feasibility proposals by director of the Department of Water Administration, Water Resource Board, or by any agency concerned
—
REDISTRICTING: Removing Legislative District #17 and Elmore County from 1st to 2nd District. Removing Legislative District #14 and Elmore County from 1st to 2nd District.
..
..
REED, SCOTT: Appointment to Water Resource Board confirmed
12
REHABILITATION CENTER: Authorizing the establishment by Board of Corrections
*5• 1245
1
RETIREMENT SYSTEM, PUBLIC EMPLOYEES: Appropriation of $382,702 Enact changes in law establishing and regulating
5. 1296 ‘KS. 1022
2
REVENUE SHARING: Urging Congress to enact acceptable legislation for distribution to state and local governments RODEO: Urging citizens of Idaho to support 1971 National High School Rodeo championship finals at Filer RULES: Adopts new Joint Rule 11 allowing all members of legislature and press to attend joint committee meetings permanent standing committees Amending Senate Rule 19 Open sessions of Joint Finance and Appropriations Committee
S.J.M.
11
108
*5.C .R.
113
S.C.R.
105
if
—
1(
S. 1157 *3jfl
became Ia
**Adopted
376
SENATE INDEX Bill No.
Opinions, Judiciary and Rules Committee: Consideration of Joint Resolutions Constitutional immunity granted to legislators Executive sessions of Joint Finance and Appropriations Committees Joint Committee meetings Sub-committee opinion on Rule 463 Temporary rules of Senate adopted in Organizational Session S ALf 5: Defining and establishing maximum annual charge on retail installment sales Home solicitation defines and regulates allows consumer to cancel such sales under certain conditions —
Page 49 152 89 152 82 2
..
5. 1190
137
5. 1043
47
S. 1083 S. 1205
65 154
—
SALES TAX: Exemptions on sale of oxygen for human use Refund to counties reducing from 20¾ to 15% 3ANITATION: Defines and provides that all subdivision plats bear sanitary restrictions approved by State Department of Health Providing for recording of sanitary restrictions on sub-divisions SATELLITE CENTERS: Child development and mental retardation appropriation of $40,000 from Permanent Building Fund for construction
5. 1184 S. 1152
129 104
“S. 1290
270
3CALING PRACTICES, STATE BOARD: Appropriation of $35,200
*5 1215
165
—
—
CHLENDER, ED: Appointment to Water Resource Board confirmed CHOOL FOR DEAF AND BLIND, IDAHO: Appropriation of $790,865 CHOOLS: Appropriation of $433,150 to Department of Education for Public School Information system Buses traffic regulations Establishing kindergartens on local option and providing funding Limiting the amount of money raised by Boise School District Charter to 4% increase without approval of the taxpayers Providing that school trustees must be a resident of the “Trustee Zone” he represents Repeals provision for tenure for certified employees of school districts —
CHOOL DISTRICTS: Accumulated sick leave permit transfer from one school district to another Allowing warrants to bear interest in excess of the present 4% limit Requiring that instruction and training be provided for “exceptional children (handicapped or specially gifted children) —
ECRETARY OF STATE: Appropriation of $100,000 EWAGE: Requiring holders of cottage site leases to construct sewage disposal facilities certified by the State Health Department LAUGHTERERS: Allowing custom slaughterers to process game animals at the request and for the use of the owner without inspection of carcass Game animals, horses, mules and other equines no inspection for household use
170 *$, 1257
222
*5 1291 S. 1035 S. 1135
271 46 96
S. 1169
122
5. 1163 S. 1137
107 99
“5. 1026 S. 1127
40 85
S. 1047
48
*S 1286
266
S. 1197
145
S 1032
45
5. 1002
16
S. 1061 1165
60 116
—
NOWMOBILES: Increase of money from license registration to be retained in the county Snowmobile Advisory Committee to be appointed by county commissioners
*Bill become law **Adopd
377
SENATE INDEX Bill No.
Page
OCIAL SECURITY TRUST FUND: Amends LC. providing for money deposited in Public School Income Appropriation of $1,750,000
S. 1134 S. 1243
94 188
OIL CONDITIONER LAW, IDAHO: Providing for labeling and regulating the sale of soil conditioners
*S. 1177
126
OIL CONSERVATION COMMISSION: Per diem allowance of $25
S. 1104
75
PECIAL FUNDS: Transfer 5% to General Fund
S. 1082
65
*S. 1267
232
PECIAL SERVICES, DEPARTMENT OF: Appropriation of $827,934 TATE AGENCIES: Rules and regulations referred to germane committees for study TERILIZATION: Providing procedure for sterilization of mentally retarded and brain damaged persons TREAM CHANNELS: definitions, regulations Protection of —
9
*5 1136
99
S. 1119
80
TREIFF, JOHN: Appointment to Water Resource Board confirmed ;UPREME COURT: Repealing law which requires reports be copyrighted
121 S. 1236
184
‘S. 1030
42
5. 1055 S. 1131 5. 1262
56 90 224
S. 1169 S. 1100
122 75
S. 1132 S. 1133
90 91
‘AX APPEALS, BOARD OF: Appropriation of $38,008
*5 1259
222
‘AX COMMISSION, STATE: Appropriation of $2,134,184 Appropriation of $2,149,184
5. 1266 *5• 1280
232 266
‘AX COMPACT ADVISORY COMMITTEE, MULTI-STATE: Appropriation of $6,720
S 1260
222
‘AXING DISTRICTS: Elimination of deadline date for receipt of monies from counties Requiring them to hold formal hearings on their proposed budgets
S 1048 S. 1087
48 69
‘EACHERS: Amending teacher negotiations law by setting May 15 as date when negotiations must be completed
S. 1264
230
EACHING CERTIFICATES: registration and endorsement Amends I.C.
S. 1027
40
URETY BONDS: Allowing Commissioner of Insurance to establish a uniform surety bond and amounts for public officials T ‘AXES: Exempting 1/4 of the market value for assessment purposes of a single family dwelling from ad valorem taxes Exemption for irrigation and drainage pumpers repealed Extending 10 highway fund tax and revising distribution formula Limiting the amount of money raised by Boise School District Charter to 4% increase without approval of the taxpayers Motor fuels, 10 of excise tax to be distributed to cities Property assessment of 15% rather than 20% and reducing sales tax refund to counties Repeals exemption for electricity used in irrigation pumping
—
378
SENATE INDEX
TRAFFIC SAFETY COMMISSION, IDAHO: Appropriation of $482,922 TRAINS: And Public carriers
Bill No.
Pa
*5• 1224
l’i
regulation by County Commissioners
S. 1076
6
TREASURER, STATE: Added to membership of Endowment Fund Investment Board Transfer of funds from OCE to salaries and wages $2,250
S. 1019 *5 1265
3 23
TRIALS: Enacting uniform agreement on detainers to secure speedy trials
*5• 1122
8
5. 1081
6
—
—
TRUCKS: Under certain size excused from weigh stations TUITION: Constitutional amendment authorizing University of Idaho to charge tuition for graduate students
106
13
*S 1278
*5 1289
27 26
*5 1285
26
5. 1237
18
*5• 1275 S.J.R, 106
24 13
S.J.R.
U UNIFORM CONSUMER CREDIT CODE: Appropriation of $40,000 to Department of Finance for administration Loans defined UNIVERSITY OF IDAHO: Appropriating $2,560,825 for Agriculture Extension Appropriating $2,071,273 for Agriculture Extension; $36,940 for Pure Seed Laboratory; $2,560,825 for Agriculture Research Appropriating funds to University of Idaho for Short Term Applied Research (STAR), $50,000 Constitutional amendment authorizing tuition charge for graduate students
V VEHICLES: Annual Safety Inspection making technical changes in wording Inspection law repealed requiring annual safety inspection Logging trucks under certain size excused from weigh stations Safety inspection and registration coincide
*5 5. S. S.
1129 1006 1081 1010
9 1 6 2
S. 1199 5. 1201 5. 1200
14 14 14
VETERANS HOME: Appropriation of $197,600
*5 1216
16
VETERINARY MEDICINE: Providing for regulation and licensing for practice of
S 1105
7
VOCATIONAL EDUCATION, STATE BOARD OF: Appropriation of $5,287,721 Appropriation of $1,371,099 for Manpower Development and Training Act
S. 1249 *S. 1252
21 21’
—
VEHICLES, EMERGENCY: Amends I.C. redefining Defining use of flashing lights Requiring lights to be visible in 360 degree arc —
VOCATIONAL EDUCATION, DIRECTOR OF: Shall serve as executive officer of State Board
5. 1110
w WAGES: Establishing a new minimum wage law for persons 18 years and under Giving Governor authority to suspend the provisions of the Davis-Bacon Act Increasing from $250 to $450 the maximum wage claim which can be handled by Commissioner of Labor WAGGONER, VENA: Appointment to State Historical Society confirmed
S. 1206 S. 1272
15 23
*5 1098
7. 12
SENATE INDEX
VARRANTS Allowing School District Warrants to bear interest in excess of the present 4% limitation WASTE DISPOSAL FACILITIES: Establishes fund for facilities on state lands; appropriates $35,000 from General Fund WATER: Beneficial use of WATER ADMINISTRATION: Appropriation of $706,600 Providing procedure for appointment of director of Water Administration WATER POLLUTION: Authorizing Attorney General to bring legal action to enforce rules and regulations WATER RESOURCE BOARD, IDAHO: Allowing development of the Grandview-Guffey Reclamation project on the Snake River Grandview-Guffey development Establish committee to advise Water Resource Board on water problems WATER SYSTEMS: Municipalities to lease surplus or excess capacity
379 Bill No.
Page
S. 1127
85
*S. 1072
63
S. 1011
2€
S. 1253 S. 1247
21 21€
S. 1142
9
S. 1212 S. 1254 S.C.R. 112
22 1&
S. 1124
WEBSTER, BILL: Appointment as Superintendent of Idaho State Liquor Dispensary confirmed WESTERN INTERSTATE COMMISSION FOR HIGHER EDUCATION: Repeals repayment of tuition paid by state under WICHE program Appropriation of $290,500 WHITE CLOUDS: Urging a Sawtooth National Recreation Area and create National Park
10 S. 1166 S. 1235 S.J.M.
103
WOODWORTH, PAT: Appointment to Judicial Council confirmed WORKMEN’S COMPENSATION: Exempting airmen from required coverage while applying pesticides
11( 18 4 16(
S. 1277
24
Y YAGER, ARCHIE: Appointment to Board of Aeronautical Directors confirmed
22
YOST, GEORGE: Appointment to Water Resource Board confirmed
12:
YOUTH TRAINING CENTER, STATE: Appropriation of $1,036,819
S. 1232
184
SENATE INDEX SECTION V NUMERICAL INDEX OF SENATE BILLS FORTY-FIRST LEGISLATURE—FIRST REGULAR SESSION 1971 The following index lists all bills in numerical order which were introduced in the Senate together with the nam of the author and a brief description of the subject matter. The figures in the Introduction column give the page wherE the complete title may be found and the date of the introduction of the bill. The figures in the Final Vote or Disposition column cite the page where Vote or Disposition was taken in the Senate. The “A.S.” or “A.H.” at the bottom of a para graph of subject matter indicates the bill was amended in the Senate or House and the figures opposite is the page in the Journal where the amendments are recorded.
1001 1002
1003
final Action
Introduced By
Senate BIB No.
Subject Matter
Introduction Page
Senate Vote Page
Final Diap. Page
Held in Senate Committee
Prohibiting any malicious attempt to open coin or depository box
16
Agricultural Affairs Committee
Held in Senate Committee
Exemption of Game Animals from contin uous inspection of animals for slaughter and meat
16
Judiciary and Rules Committee
Lost in Senate
Exemption of newly constructed improvements on real property from ad valorem taxes during the tax year when completed and the succeeding tax year
18
54
54
Mitchell
—
—
30
19
1004
Judiciary and Rules Committee
Law
Correction of material inadvertently left out of the enrolled copy of HB 555 of the last session, states who should be nomin ated at Primary Elections, declaration of candidacy, procedure for voting with vot ing machines
18
33
64
1005
Judiciary and Rules Committee
Law
Providing for the election of Directors of Recreation Districts
18
40
149
1006
Judiciary and Rules Committee
Held in Senate Committee
Repeals annual safety inspection of motor vehicles
18
1007
State Affairs Committee
Law
Provides for the licensing of Professional Geologists A.S A.H. (See House Journal)
21 77
1008
State Affairs Committee
Held in Senate Committee
Providing for the licensing of Hearing Aid Dealers and Consultants
21
1009
Commerce and Banking Committee
Held in Senate Committee
Establishes a procedure for determining the qualifications of bidders for public projects
22
1010
Ellsworth (30)
Held in Senate Committee
Providing for vehicle safety inspection.
23
1011
Resources and Environment Committee
Lost in House
Defines beneficial uses of water for appro priation purposes
26
[012
Steen
Withdrawn
Providing for safety and sanitary equip ment on railroad locomotives, cabooses and change rooms
29
1013
Murphy
Held in Senate Committee
Removes the limitation on Legislative expense allowance
30
Held in Senate Committee
Authorizes municipal power systems to buy electric power for the purpose of selling or exchanging such power with the Bonneville Power Administration
30
[014
t015
Labor and Economic Development Committee Judiciary and Rules Committee
Law
Authorizes Recreation Districts to issue negotiable coupon bonds, provides for bond election, and authorizes the District to create and establish a reserve fund.. A.H, (See House Journal)
30
—
280
—
—
—
54
—
—
—
146
21 361
22
22 23
26
40 56
32
183
$81
SENATE INDEX Fin.I
Introduced By
Senate
iiU No.
Action
Subject Matter
Introduction Page
Senate Vote Page
Final Diep. Page
016
Judiciary and Rules Committee
Held in House Committee
Defines political parties and establishes the qualifications of political parties..
30
37
37
017
State Affairs Committee
Held in House Committee
Removes the two year limitation on terms of office of the Idaho Commission on Fed eral Land Laws
31
48
48
State Affairs Committee
Held in Senate Committee
Providing for qualifications of recognition of political parties
31
State Affairs Committee
Held in Senate Committee
Makes the State Treasurer a member of the state Investment Board A.S
32 128
Local Government and Taxation Committee
Held in Senate Committee
Providing for consideration when determin ing market value for tax purposes of com mercial and agricultural property
33
Transportation Committee
Held in Senate Committee
Requires gasoline to be identified as to octane rating
34
t022
Commerce and Banking Committee
Law
Changes establishing and regulating the Public employees retirement System
34
.023
Murphy
Held in Senate Committee
Public employees right to negotiate
34
.024
Crookham
Held in Senate Committee
Reduces the market value of the residential improvements on real property for tax purposes
35
.018 .019
.020
.021
—
—
—
—
85 —
—
32 160
33 35 159 95
35
t025
Local Government and Taxation Committee
Held in House Committee
Exempting property tax because of ex treme hardship under certain conditions. A.S
38 51
61
61
1026
Health, Education and Welfare Committee
Law
Permits transfer of sick leave from one school district to another
40
53
149
[027
Health, Education and Welfare Committee
Law
Providing for the endorsement and regis tering of teaching certificates
40
53
90
1028
Steen
Law
Providing for safety and sanitary equip ment on railroad locomotives, cabooses and change rooms
41
71
183
Makes contracts to avoid liability unen forceable if it has the effect of trying to indemnify the promisee against liability for damages resulting out of the negligence of the promisee or his agents
42
71
153
42 102
206
277
1029
1030
Judiciary and Rules Committee
State Affairs Committee
Law
Law
Surety Bonds for public officials A.H. (See House Journal)
1031
1032
t033
1034 1035
Local Government and Taxation Committee
Held in Senate Committee
Property tax exemptions for retired per Sons
43
Agricultural Affairs Committee
Law
Sets rules and regulations for custom slaughterers for processing and storage of inspected and uninspected meats A.H. (See House Journal)
45
Agricultural Affairs Committee
Held in Senate Committee
Crookham Transportation Committee
Allows law enforcement officer to search and take into possession illegally possessed livestock or carcass
45
Held in Senate Committee
Creating a Commissioner for Investiga tions to be called the Ombudsman
45
Held in House Committee
Provides all traffic to stop from either di rection when the warning signal lights of school bus are flashing
46
—
44
180
215
—
—
66
66 89
66
382 Senate Bill No.
1036
SENATE INDEX Introduction Page
Senate Vote Page
Final Disp. Page
Providing for filling vacancies occurring in elected political office A.S
46 81
96
96
Final
Introduced By
Action
Subject Matter
Judiciary and Rules Committee
Lost in Senate
1037
Crookham
Held in Senate Committee
Sets forth picketing procedures in ag ricultural labor disputes
46
62
1038
Crookham
Held in Senate Committee
Idaho Labor Relations Act
46
57
1039
Crookham
Held in Senate Committee
Exempts farms that regularly employ 5 or fewer laborers from labor laws
46
1040
Crookham
Held in Senate Committee
Agriculture Impromptu Mutual tion Act
46
—
—
—
47
Protec
1041
Commerce and Banking Committee
Held in Senate Committee
Idaho Consumer Protective Act
47
1042
Commerce and Banking Committee
Held in Senate Committee
Requiring the words “Consumer Paper” to be printed on the face of any contract before becoming a negotiable instrument
47
—
62 47
47
1043
Commerce and Banking Committee
Held in House Committee
Regulates home solicitations sales
47
144
144
1044
Judiciary and Rules Committee
Law
Sets methods of recording proceedings of magistrate courts
48
72
183
1045
Judiciary and Rules Committee
Held in Senate Committee
Providing for court costs for indigent persons
48
1046
Health, Education and Welfare Committee
Law
Allows a city council to exchange or trans. fer personal property as well as real prop. erty to certain other governmental bodies.
48
68
Health, Education and Welfare Committee
Held in Senate Committee
Requires school districts to provide instruction for exceptional children
48
—
Local Government and Taxation Committee
Law
Changing dates of transmittal of money due taxing districts by County Auditor. A.H. (See House Journal)
48
144
Crookham
Held in Senate Committee
Removes agricultural exemptions under state labor law
48
1047
1048
1049
—
—
52
165 52
165
48
1050
Judiciary and Rules Committee
Law
Uniform Probate Code
50
132
231
1051
Murphy, Crookham et al
Law
Allows citizen of state over 65 years to hunt and fish without licenses A.H. (See House Journal)
53
73
306
1052
Crookham
Held in Senate Committee
Defines “labor disputes”
53
—
1053
Judiciary and Rules Committee
Law
Providing a procedure to use hospital records as copies of evidence
53
66
153
1054
State Affairs Committee
Law
Amending Employment Security Law A.H. (See House Journal)
55
86
307
1055
Crookham
Lost in Senate
Exempting the market value for assessment purposes of a single family dwelling for ad valorem taxes
56
76
76
1056
Finance Committee
Held in Senate Committee
Appropriates $5,000 to Commissioner of Agriculture for Federal Livestock Report ing Service
57
72
75
1057
Judiciary and Rules Committee
Law
Prohibiting damage or wrongfully opening coin operated machines
59
72
183
1058
Kidwell
Held in Senate Committee
Providing for $1 per $100 of assessed val uation of county highway tax levied on property shall be returned 100% to that city
59
—
53
171
SENATE INDEX enate
U No.
159
Final
Introduced
Health, Education
Law
and Welfare Committee 160
)63
)64
Senate
Diep. Page
59
105
306
60
119
119
73
165
Local Government
Law
Providing for distribution of money from registration of snowmobiles
60
Held in Senate Committee
Providing a new formula from State High way funds whereby cities receive funds based upon the relationship of their total miles of streets
60
60
Resources and Environment Committee
Held in Senate Committee
Requiring the holding of hearings on feas ibiity proposals concerning reclamation proposals
Resources and
Law
Providing for certain lands to be exclud
ed from irrigation districts A.S
Environment Committee
Final
service corporations” and changing the name to “Professional Service Corpora. tions.” Repealing Code which established the Leg. islative Council
Lost in Senate
Kidwell and Stoicheff
Vote Page
Expanding the law governing “medical
Budge
and Taxation Committee )62
Intro-
duction Page
Subeet Matter
Action
By
383
60 162
—
171
62 185
305
State Affairs Committee
Held in Senate Committee
Increasing the membership of Horse Rac ing Commission
60
Judiciary and Rules Committee
Law
Amending obsolete material in Idaho Code pertaining to collection of county taxes.
60
72
149
Labor and Economic Committee
Law
Allowing municipal power systems to pur chase and resell power to Federal Govern ment through Bonneville Power System.
62
79
116
Resources and Environment Committee
Held in Senate Committee
Providing a method where property in a subdivision can be removed from an irri gation district
62
Resources and Environment Committee
Held in Senate Committee
Abolishing the Predatory Animal Fund and providing for transfer of fund
62
State Affairs Committee
Law
Allowing State Land Board to establish terms and conditions for sale of surplus state land A.S
62 78
95
153
[171
Resources and Environment Committee
Law
62
91
303
072
Resources and Environment Committee
Law
Establishing revolving fund for sewage collection and waste disposal on state lands; appropriates $35,000 to establish such fund
63
115
303
Requiring state lands to be posted as to ownership
63
)65 )66 367
)68
369
[170
073
Commerce and Banking
Committee
074 075
Manning and
.
Held in Senate Committee
Tabled in House
posted and advertised
Commerce and
Law
Providing building codes for standards
Committee
077
Requiring leases for state lands to be
Summers Banking
076
Eliminating certain requirements in ex change of federal and state lands A.H. (See House Journal)
in the manufacturing of mobile homes and
—
—
—
—
62
65 65
65
64
157
157
114
183
campers
64
A.S
97
Transportation Committee
Held in Senate Committee
Allowing County Commissiohers to reg ulate Public Carriers
64
Health, Education and Welfare Committee
Lost in House
Allowing school districts to establish public kindergartens on a voluntary basis
64
—
127
65 169
SENATE INDEX Final
Introduced By
Crookham and Bilyeu
1079
Action
Law
Subject Matter
Introduction Page
Senate Vote Page
Fina Diep Page
Allowing universities to select student delegates to various political party con ventions A.S A.H. (See House Journal)
64 129
208
296
85
85
Judiciary and Rules Committee
Held in House Committee
Providing for 1 of 4 judges in Fifth Ju dicial District live in Jerome County.
64
1080
Murphy
Withdrawn
Allowing legislators $25.00 expense allow ance for each session day
65
1081
Chase
Held in Senate Committee
Allowing logging trucks not exceeding certain height and width be excused from weigh stations
65
—
—
134
65
1082
Chase and Crookham
Withdrawn
Transferring 5% of special funds to gen eral fund for the expense of carrying them into effect
65
1083
Egbert
Law
Exempting oxygen prescribed for human use from sales tax
65
105
303
—
78
1084
State Affairs Committee
Lost in Senate
Allowing liquor-by-the drink and beer to be sold until 2:00 a.m
68
132
132
1085
State Affairs Committee
Held in House Committee
Directing Secretary of State to keep records of each individual legislator
68
94
94
1086
Local Government and Taxation Committee
Law
Providing the actual and functional use of property shall be a major consideration when determining market value
69
91
307
Local Government and Taxation Committee
Held in House Committee
Setting regulations for taxing districts on budgets, petitions, elections; etc A.S
69 97
115
116
Local Government and Taxation Committee
Held in Senate Committee
Requiring County Assessor to post tax rolls
69
1089
Resources and Evironment Committee
Lost in House
Adding “Failure to Serve the Public” as grounds to revoke Outfitter and Guide License
69
91
257
1090
Local Government and Taxation Committee
Lost in House
Providing assessment as to a base year on real property
69
119
291
1091
State Affairs Committee
Held in Senate Committee
Eliminating requirement of 5 year banking experience as qualification for Commis sioner of Finance
69
1092
Judiciary and Rules Committee
Law
Establishing a motion for “Interpleader” in court action where personal property is claimed by two or more persons
70
Providing that no person shall be placed in legal jeopardy for self defense or com ing to the aid of another in imminent danger
70
Changing Lewis-Clark Normal School to Lewis-Clark College and reference to Southern Idaho College of Education to Department of Education, Idaho State University
70
91
153
Changing status of Lewis-Clark Normal School
70
91
153
Uniform Probate Code Amendments, re garding homestead allowance, family al lowance, etc
73
Exempting females employed in executive capacities from 8 hour per day limitation.
73
1087
1088
1093
1094
1095
1096
1097
Judiciary and Rules Committee
Health, Education and Welfare Committee
Held in Senate Committee
Law
Health, Education and Welfare Committee
Law
Judiciary and Rules Committee
Held in Senate Committee
Labor and Economic Development Committee
Held in House Committee
—
—
92
—
—
119
70
70
303
74
74 121
SENATE INDEX ienate ill No.
098
Introduced By
Final Action
385 Introduction Page
Senate Vote Page
Raising wages collected through commis sioner of Labor
73
96
183
Increasing per diem allowance for State Board of Education
75
94
165
75
Subject Matter
Final flap. Page
Labor and Economic Development Committee
Law
State Affairs Committee
Law
100
State Affairs Committee
Held in Senate Committee
Distribution of motor fuels tax to cities.
101
State Affairs Committee
Lost in Senate
Establishing a Fire Prevention Division in the Department of Insurance A.S
75 186
219
219
102
State Affairs Committee
Vetoed
Establishing a uniform work and vacation policy for state employees
75
112
195
103
Resources and Environment Committee
Lost in Senate
Requiring big game orange clothing
75
166
166
Agricultural Affairs Committee
Law
Allowing a per diem allowance for State Soil Conservation Commission A.H. (See House Journal)
75
180
215
Agricultural Affairs Committee
Law
Providing a new code regulating Veterinary Medicine A.H. (See House Journal)
75
108
303
106
Judiciary and Rules Committee
Held in House Committee
Providing method of recall of officers of taxing district
75
112
107
Judiciary and Rules Committee
Held in Senate Committee
Providing that Magistrates may only be appointed initially and thereafter must be approved on a special ballot.
76
108
Health, Education and Welfare Committee
Law
Changing North Idaho Junior College to North Idaho College
76
105
176
Commerce and Banking Committee
Law
Providing that insurance policy shall have information of legal liability on its face A.S
76 15$
179
303
Health, Education and Welfare Committee
Held in House Committee
Changing State Superintendent of Public Instruction to Director of Vocational Edu cation as executive officer of the State Board of Vocational Education...
76
143
144 247
099
104
105
.109
110
hunters
to
.
—
78
wear
—
7$
111
Health, Education and Welfare Committee
Law
Raising tuition for Junior Colleges
76
100
112
Local Government and Taxation Committee
Lost in Senate
Transferring $1,572,328 from Permanent Building Fund to General Fund
77
103
State Affairs Committee
Died on Senate Calendar
Providing that 5% of dedicated funds be transferred to General Funds
79
117
121
114
Judiciary and Rules Committee
Law
Providing for elegibility for parole
79
115
203
.115
Judiciary and Rules Committee
Law
Increasing from 60 days to 120 days the period in which a court may suspend the execution of a judgment and place the de fendant on probation
79
118
203
.116
Judiciary and Rules Committee
Law
Providing a schedule for computing “good time” for confined prisoners
79
139
203
.117
Judiciary and Rules Committee
Held in Senate Committee
Changing name of Penitentiary to State Rehabilitation Center
79
.118
Resources and Environment
Held in Senate Committee
Requiring application to the Public Utili ties Commission, public hearings, etc., be fore electric company can develop new plants
80
113
—
—
$2
$2
SENATE INDEX
386 Senate Bill No.
Introduced By
Final Action
Subject
Introduction Page
Matter
1119
Resources and Environment Committee
Law
Requiring protection of stream channels A.S
1120
Resources and Environment Committee
Held in Senate Committee
Regulating surface mining operations.
1121
Judiciary and Rules Committee
Law
Allowing home furloughs for inmates.
1122
Judiciary and Rules Committee
Law
1123
Health, Education and Welfare Committee
1124
..
80 186
80
Senate Vote Page
209
—
Final Disposi tion Pan
307
89
84
124
303
Adopting a Uniform Agreement on De tainers
84
132
303
Lost in Senate
Enlarging membership of State Board of Education A.S
84 140
157
157
Local Government and Taxation Committee
Law
Allowing municipalities to lease surplus water systems
84
123
231
1125
State Affairs Committee
Law
Allowing Sunday sales drink at conventions
85
114
203
1126
State Affairs Committee
Law
Establishing an incentive plan for state employees
85
112
183
1127
Health, Education and Welfare Committee
Held in Senate Committee
Allowing school district warrants to bear interest in excess of 4% limit
85
1128
Commerce and Banking Committee
Held in House Committee
Eliminating the prohibition against a nonresident insurance broker from having any pecuniary interest in licensed agents of this state
85
144
144
1129
Transportation Committee
Law
Removing the annual safety inspection of motor vehicles
90
118
303
Held in Senate Committee
Removing the exemption that two wheeled vehicles need not be equipped with rear view mirrors
90 90
1130
1131
Transportation Committee
of
..
liquor-by-the-
—
—
89
93
Local Government and Taxation Committee
Held in Senate Committee
Repeals tax exemption for irrigation and drainage pumpers
Local Government and Taxation Committee
Died on Senate Calendar
Providing reduction
1133
Local Government and Taxation Committee
Held in Senate Committee
Repeals the kilowatt hour tax exemption for electricity used for irrigation and drainage pumpers
91
1134
Health, Education and Welfare Committee
Held in Senate Committee
Eliminating provisions that social security payments of teachers be deposited in public school income fund
94
Health, Education and Welfare Committee
Held in Senate Committee
Establishing public kindergartens by local school district
96
1136
Health, Education and Welfare Committee
Law
Providing for protection of mentally re tarded presons and sterilization A.H. (See House Journal)
99
283
307
1137
Health, Education and Welfare Committee
Lost in Senate
Providing for tenure for certified employees of school districts; allowing for hearing and review of any change in em ployment status
99
179
179
1132
1135
1138
1139
for
property
tax
—
valuation 90
Health, Education and Welfare Committee
Held in Senate Committee
Providing for duration of contracts for educational employees
99
Judiciary and Rules Committee
Law
Providing for filling of vacancies in the Legislature
99
—
—
—
—
—
139
93
120
93
95
199
156
247
SENATE INDEX Senate liii No.
Final Action
Introduced By
387
Subject Matter
Introduction Page
Senate
99
139
Vote Page
Final Diap.
Page
.140
Judiciary and Rules Committee
Law
Establishing jury selection and service.
.141
Judiciary and Rules Committee
Held in Senate Committee
Authorizing Attorney General to bring legal action for Air Pollution violations.
99
Judiciary and Rules Committee
Law
Authorizing Attorney General to bring legal action for Water Pollution viola tions A.S
99 158
180
307
.143
Judiciary and Rules Committee
Law
Providing for prosecuting traffic offenses within city limits
99
140
203
.144
Judiciary and Rules Committee
Law
Permitting corporations to have less than three directors under certain conditions..
99
139
306
.145
Judiciary and Rules Committee
Law
Substituting magistrates courts in appeals
99
139
303
.146
Judiciary and Rules Committee
Law
Providing for procedures in criminal cases.
99
139
305
.147
Judiciary and Rules Committtee
Held in House Committee
Providing for discovery procedures in insurance coverage
99
156
156
State Affairs Committee
Died on House Calendar
Providing investments of permanent endowment funds A.S
101 140
161
161
State Affairs Committee
Law
Requiring convertible bonds to have BBB rating in order for the endowment fund investment board to invest in them
101
134
215
.142
.148
.149
.
.
for
State Affairs Committee
Held in Senate Committee
Providing for investment in bonds, notes of other states
101
L151
State Affairs Committee
Law
Providing that all funds received by the Board of Nursing Home Examiners be de posited in State Treasury to credit of Occupational License Fund
101
.153
147
probate
L150
.152
—
303
—
128
103
303
Health, Education and Welfare Committee
Held in Senate Committee
Providing for sanitary restrictions in subdivisions
104
Finance Committee
Law
Transfers $159,500 from the Lava Hot Springs Foundation Fund to the Lava Hot Springs Foundation
104
127
183
183
—
154
Finance Committee
Law
Appropriating $226,723 from the Industrial Administration Fund to the Industrial Accident Board; $651,674 from Stats In surance Fund to the State Insurance Fund; $101,500 from Real Estate Fund to Idaho Real Estate Commission
104
128
t155
State Affairs Committee
Held in Senate Committee
Removing Legislative District No. 17 and Elmore County and adding them to Second District
104
—
106
106
.156
State Affairs Committee
Held in Senate Committee
Removing Legislative District No. 14 and Elmore County and adding them to Sec ond District
104
—
t157
Finance Committee
Lost in House
Allowing closed session for Joint Appro priations and Finance meetings
104
128
145
L158
Finance Committee
Law
Appropriating $193,269 to Liquor Law En forcement
104
128
183
L159
Finance Committee
Law
Appropriating special growers fund; Wheat Commission $300,000; Bean Com mission $100,000; Cherry Commission $15,500; Apple Commission $18,000; Dairy Commission $321,850; State Brand Inspec tor $493,885
107
128
183
Legislative Compensation
107
132
189
t160
State Affairs Committee
Law
106
SENATE INDEX
388 Senate Bill No,
Final Action
Introduced By
Introduction Page
Subject Matter
Senate Vote Page
Final Disp. Page
1161
State Affairs Committee
Lost in Senate
Allowing monetary penalty for violat ion of liquor-by-the-drink statutes
107
161
161
1162
State Affairs Committee
Held in House Committee
Providing for licensing of Cosmetology instructors
107
128
128
Health, Education and Welfare Committee
Held in Senate Committee
Providing that school trustees must be a resident of the “Trustee Zone” which he represents
107
1164
Judiciary and Rules Committee
Held in Senate Committee
Uniform Probate Code amendments
113
1165
Transportation Committee
Law
Allowing County Commissioners to ap point a Snowmobile Advisory Committee.
116
179
305
1166
Health, Education and Welfare Committee
Lost in Senate
Requiring repayment of costs to state from students under WICHE program.
116
156
156
Agricultural Affairs Committee
Lost in House
Providing for presumption between an animal and a car collision and changing the wordage “open range” to “rangeland”,
118
151
192
1168
Agricultural Affairs Committee
Held in House Committee
Allowing Highway Department to place signs designating livestock areas
118
146
146
1169
State Affairs Committee
Held in Senate Committee
Providing that the amount of money raised by the school district from ad valorern taxes shall be limited to a 4% increase in any year
122
1163
1167
1170
.
.
.
—
—
—
Health, Education and Welfare Committee
Died on House Calendar
Defining “tuition” as it applies to Institu tions of Higher Education
122
Commerce and Banking Committee
Held in Senate Committee
Reduces the maximum legal interest rate from 10% to 8% per annum
122
—
1172
Commerce and Banking Committee
Law
Includes mail or any written solicitation for insurance within the definition of “transacting insurance.”
122
219
1173
Commerce and Banking Committee
Died on Senate Calendar
Requiring the Legislative Auditor to conduct an audit following resignation or dis missal of any department head who is re sponsible for expenditure of State funds.
122
1171
1174
199
—
113 115
189 199
124
307
144
Commerce and Banking Committee
Lost in Senate
Prohibiting any elected public officer from engaging in the private practice of law.
122
151
151
1175
Judiciary and Rules Committee
Law
Uniform Probate Code Amendments
122
133
247
1176
Agricultural Affairs Committee
Law
Changing Commercial “Sprayer and Dusters Law” to “Pesticides Uses and Applica tion Law”; and redefines “pesticides.” A.S
125 186
226
307
1177
Agricultural Affairs Committee
Law
Idaho Soil Conditioner Law A,S
126 186
208
1178
Agricultural Affairs Committee
Law
Changing “Economic Poison Law of 1963” to “Pesticide Law”
126
184
307
Judiciary and Rules Committee
Law
Challenging sufficiency of evidence of pre liminary examination in criminal charges.
126
150
306
1180
Judiciary and Rules Committee
Held in House Committee
Establish a procedure for property affected by death of any person
126
150
150
1181
Judiciary and Rules Committee
Held in Senate Committee
Concerning Law Enforcement Planning Commission
126
1179
—
153
389
SENATE INDEX Senate Bill No.
t182
Final Action
Introduced By
Judiciary and Rules Committee
Law
Law
1184
Health, Education and Welfare
Law
1185
Agricultural Affairs Committee
Law
1186
State Affairs Committee
Law
Senate Vote Page
Final Disp. Page
Providing that if a third party is claiming interest in property by reason of a se
curity interest he must set forth the dollar
Judiciary and Rules Committee
1183
Introduction Page
Subject Matter
amount of the claim
127
150
305
Making it a misdemeanor to make false statement in application for bartender’s permit A.H. (See House Journal)
129
208
277
129
180
307
130
290
307
Relating to Sanitary Restrictions of subdivisions Defining “customer-formula feed” and providing that persons manufacturing cus tomer formula feeds be registered with the Commissioner of Agriculture A.H. (See House Journal) Specifying the manner in which the ballot shall be placed in ballot box
135
156
247
135
156
247
1187
State Affairs Committee
Law
Defining Political Parties
1188
State Affairs Committee
Law
Clarifying the language concerning canvassing of returns of judicial elections.
135
157
247
State Affairs Committee
Law
Requiring appointments to Horse Race Commission be confirmed by senate; and setting per diem A.S
135 186
219
305
State Affairs Committee
Held in Senate Committee
Establishing a maximum 10% “time price differential” annual charge on retail in stallment sales transactions
137
State Affairs Committee
Held in Senate Committee
Setting method of appointing state Board of Optometry
137
State Affairs Committee
Held in Senate Committee
Recodifying regulations and licensing the practice of Optometry
137
1193
Judiciary and Rules Committee
Law
Revising Air Pollution Control Commis sion AS
1194
Health, Education and Welfare Committee
Held in House Committee
1195
Health, Education and Welfare Committee
Law
Defining “financially irresponsible person” and providing for appointment of a guar dian for person adjudged financially irre sponsible Licensing and regulating Hearing Aid Dealers and fitters
1196
State Affairs Committee
Law
1197
Health, Education and Welfare Committee
1198
1189
1190
1191 1192
.
—
—
149 164
—
164
138 186
180
305
142
167
167
142
180
305
Authorizing the Idaho Department of Labor to receive and disburse federal funds.
145
173
306
Law
Providing for cottage site leases and sewage systems on state lands
145
166
303
State Affairs Committee
Withdrawn
Allowing monetary penalty for beer vio lations
148
1199
State Affairs Committee
Held in House Committee
Redefining authorized emergency vehicles.
148
173
173
1200
State Affairs Committee
Held in House Committee
Redefining conditions emergency vehicles may disregard traffic regulations
148
173
173
1201
State Affairs Committee
Held in House Committee
Setting forth emergency vehicles flash ing light requirements
148
173
173
1202
State Affairs Committee
Held in Senate Committee
Enacting Potato Marketing Act
148
1203
State Affairs Committee
Died on Senate Calendar
Requiring preplanned school and park sites in urban areas
153
—
—
225
161
155
225
SENATE INDEX Senate Bill No.
Introduced By
Final Action
Introduction Page
Senate Vote Page
Allowing Endowment Fund Investment Board to hire an investment trustee and staff
154
173
Subject Matter
Final Diap. Page
1204
State Affairs Committee
1205
State Affairs Committee
Held in Senate Committee
Reducing the amount of the sales tax fund that is paid to counties
154
1206
State Affairs Committee
Held in House Committee
Exempting employees 18 years of age and under from the minimum wage if they are not providing more than Vs of their sup port
154
172
172
1207
Health, Education and Welfare Committee
Law
Providing for Cemetery Endowment Care Funds
157
180
305
1208
State Affairs Committee
Held in House Committee
Removing elected state officials from State Land Board and providing for new Board.
160
200
200
1209
Finance Committee
Law
Providing that any bill appropriating money shall contain a “fiscal note” at tached
163
184
306
1210
Finance Committee
Law
Providing for payments for audits per formed by the Legislative Auditor A.H. (See House Journal)
163
184
30’7
163
205
305
163
185
305
165
206
305
Law
—
305 155
1211
State Affairs Committee
Law
1212
State Affairs Committee
Law
1213
Judiciary and Rules Committee
Law
1214
Finance Committee
Law
165
198
306
1215
Finance Committee
Law
Appropriating $35,200 to State Board of Scaling Practices
165
198
306
1216
Finance Committee
Law
Appropriating $197,600 to Veterans Home
165
198
306
1217
Finance Committee
Law
Appropriating $48,882 to Outfitters and Guides
165
198
306
Held in Senate Committee
Appropriating $36,645 to Horse Racing Commission
165
Held in Senate Committee
Requiring Public Livestock Market Board to give consideration to the financial sta bility and integrity of any stockholder.
170
Held in Senate Committee
Repealing code establishing a state Fire Marshal and Fire Prevention Board
171
—
Health, Education and Welfare Committee
Held in Senate Committee
Enacting new laws regulating and defining an “abortional act”
171
—
Health, Education and Welfare Committee
Law
Enacting new laws for treatment of drug addiction A.S
171 214
232
307
[223
Health, Education and Welfare Committee
Vetoed
Providing that State Superintendent of Public Instruction and Executive Director of State Board of Education shall be ex officio non-voting members of State Board of Education
171
200
306
t224
Finance Committee
Law
Appropriating $482,922 to Idaho Traffic Safety Commission
171
198
306
[225
Judiciary and Rules Committee
Held in House Committee
Requiring insurance companies to send notice of cancellation of Automobile Policy to Commissioner of Insurance A.S
171 214
234
234
1218 1219
Finance Committee State Affairs Committee
Increasing the interest rate from 4% to 6% on rental payments on state lands that have been extended past due date Allowing Idaho Water Resources Board to develop Grandview-Guffey project Providing that District Court rather than Probate Court hear juvenile matters Appropriating $295,639 to Personnel Com mission
.
1220 [221
1222
State Affairs Committee
.
.
—
—
195
205 175 175
391
SENATE INDEX Senate Sill No.
Final Action
Introduced By
Introduction Page
Subject Matter
178
219
305
Providing procedure for appeals from probate and justice courts to the district courts
178
206
305
178
198
306
178
198
306
179
206
305
Appropriating $8,800 to Idaho Education Council and Education Commission
184
218
306
Appropriating $1,036,819 to State Board of Education for State Youth Training Center
184
218
306
Law
Judiciary and Rules Committee
Law
1228
Finance Committee
Law
Appropriating Council
1229
Finance Committee
Law
Appropriating $36,000 to Lt. Governor
1230
Judiciary and Rules Committee
Law
Changing obsolete language appeals from probate court
1231
Finance Committee
Law
1232
Finance Committee
Law
1227
Final Diap. Page
Providing for non-resident Fish and Game Licenses; and adding mountain lion on big game list
Judiciary and Rules Committee
1226
Senate Vote Page
$138,134
to
Legislative
concerning
1233
Finance Committee
Law
Appropriating $130,073 to Department of Education for Educational Television
184
217
305
1234
Finance Committee
Law
Appropriating $111,054 to Division of the Budget
184
218
305
1235
Finance Committee
Law
Appropriating $290,500 for WICHE
184
218
305
Judiciary and Rules Committee
Held in House Committee
Eliminating the requirement that the re ports of Idaho Supreme Court be copy righted
184
210
210
1237
Finance Committee
Held in House Committee
Appropriating to University of Idaho for Agriculture Programs: Agricultural Ex tension $2,071,273; Pure Seed Laboratory $36,940; Agriculture Research $2,560,825.
188
218
218
1238
State Affairs Committee
Held in Senate Committee
Providing for Property Taxes limitation exemptions
188
State Affairs Committee
Law
Authorizing a city to prescribe the na ture, form, conditions of payment, etc., of Revenue Bonds
188
226
307
1240
Finance Committee
Law
Appropriating $319,037 to Department of Commerce and Development
188
218
305
1241
Finance Committee
Held in Senate Committee
Appropriating $342,780 to Idaho Public Utilities Commission
188
—
Law
Appropriating $175,000 to Boise Chil dren’s Home, Lewiston Children’s Home, Booth Memorial Hospital
188
218
305
188
218
305
1236
1239
1242
Finance Committee
233
205
1243
Finance Committee
Law
Appropriating $1,750,000 to curity Trust Fund
1244
Judiciary and Rules Committee
Held in Senate Committee
Providing that any interest resulting from investment of monies from the Fish and Game Fund shall be credited to that fund.
197
Allowing the State Board of Corrections to maintain State Rehabilitation Centers.
197
226
307
1245
Social Se
—
—
202
Judiciary and Rules Committee
Law
1246
State Affairs Committee
Law
Establishing a uniform policy concerning vacations for state employees
204
244
307
1247
State Affairs Committee
Died on House Calendar
Providing for Director of Water Administration
216
251
251
1248
State Affairs Committee
Law
Establishing a driver rehabilitation program
216
258
307
1249
Finance Committee
Held in Senate Committee
Appropriating Education
216
$5,287,721
to
Vocational
—
223
39% Senate Bill o.
1250
SENATE INDEX Introduced Br
Finance Committee
Final Action
Law
Introiluction Page
Subject Matter
Appropriating of Finance
$222,904
to
Senate Vote Page
Final Diap. Page
Department 216
236
307
Appropriating $300,823 to State Board of Corrections
217
236
307
1251
Finance Committee
Law
1252
Finance Committee
Law
Appropriating $1,371,099 to Idaho State Board of Vocational Education
217
236
307
1253
Finance Committee
Law
Appropriating $706,000 to Department of Water Administration
217
237
307
1254
Judiciary and Rules Committee
Law
Amending SB 1212 relating to the Grand view-Guffey project
222
247
305
1255
Judiciary and Rules Committee
Law
Limiting out-of-state Fish and Game Li cense
222
252
307
1256
Finance Committee
Law
Appropriating $3,690,794 to Law Enforce ment Planning Commission
222
237
307
1257
Finance Committee
Law
Appropriating $790,865 to Idaho School for Deaf and Blind
222
237
307
1258
Finance Committee
Law
Appropriating $3,208,100 to Department of Parks
222
267
307
1259
Finance Committee
Law
Appropriating $38,008 to Board of Tax Appeals
222
237
307
1260
Finance Committee
Law
Appropriating $6,720 to Multi-State Tax Compact Advisory Committee
222
238
307
238
307
1261
Finance Committee
Law
Appropriating $64,300 to Idaho Nuclear Energy Commission
222
1262
Finance Committee
Died on Senate Calendar
Idaho State Highway Fund distribution formula
224
224
1263
State Affairs Committee
Lost in House
Providing for qualifications of Commis sioner of Finance
225
244
303
1264
Health, Education and Welfare Committee
Died on House Calendar
Providing for teacher negotiations
230
245
245
1265
Finance Committee
Law
Appropriating $2,250 from current ex penses to salaries and wages for State Treasurer
232
267
307
1266
Finance Committee
Held in Senate Committee
Appropriating $2,134,184 for State Tax Commission
232
1267
Finance Committee
Law
Appropriating $827,934 to Department of Special Services
232
1268
Finance Committee
Held in Senate Committee
Appropriating $34,131,014 to Department of Public Assistance
232
Law
Appropriating $1,025,000 for State Junior College Fund
232
Held in Senate Committee
Appropriating $80,000 to Department of Aeronautics
232
Appropriating $16,288,740 to State Board of Health
232
Allowing Governor to suspend the provi sions of the Davis-Bacon Act
232
Providing for certification Users Fund
244
247
307
1269
Finance Committee
—
267
—
268
232 307
246 307
1270
Finance Committee
1271
Finance Committee
Vetoed
1272
State Affairs Committee
Died on Senate Calendar
[273
State Affairs Committee
Law
t274
State Affairs Committee
Law
Providing for holding coolers of inspected and non-inspected meat
244
248
307
L275
Finance Committee
Law
Appropriating $50,000 to University of Idaho for Short Term Applied Research.
244
268
307
—
268
—
232 306 266
of Highway
SENATE INDEX Senate liii No.
Introduced By
.276
Finance Committee
.277
State Affairs Committee
.278
Final Action
393 Intro.
duction Page
Subject Matter
Senate Vote
Page
Final Disp. Page
Allowing state departments to transfer money from other classifications to salary and wages
244
Died on House Calendar
Exempting airmen in navigation of aircraft, engaged in the application of pesti cides from coverage under workmen’s com pensation law
248
259
259
Judiciary and Rules Committee
Law
Amending Uniform Consumer Credit Code to define “Loans.”
260
273
307
.279
Finance Committee
Law
Appropriating $80,000 to Department of Aeronautics
266
274
307
L280
Finance Committee
Law
Appropriating Commission
266
273
307
281
Finance Committee
Law
Appropriating $200,000 to Department of Agriculture
266
275
307
L282
Finance Committee
Law
Appropriating $11,186,982 to Department of Public Assistance
266
275
307
L283
Finance Committee
Law
Appropriating $4,600,729 from Permanent Building Fund for certain specified build ing projects
266
272
307
284
Finance Committee
Law
Appropriating $5,947,944 to Department of Law Enforcement
266
274
307
.285
Finance Committee
Law
Appropriating $2,560,825 to University of Idaho for Agricultural Extension
266
274
307
t286
Finance Committee
Law
Appropriating $100,000 to State
266
272
307
Held in Senate Committee
$2,149,184
to
State
—
246
Tax
Secretary of
[287
Finance Committee
Law
Appropriating $34,940 to Department of Agriculture for Pure Seed Laboratory.
266
272
307
[288
Finance Committee
Died on House Calendar
Providing for wage and salary classifica tion change for state departments
266
275
275
t289
Finance Committee
Law
Appropriating $40,000 to Department of Finance to administer provision for Uni form Consumer Credit Code
270
276
307
1290
Finance Committee
Law
Appropriating $40,000 from Permanent Building Fund to construct two child de velopment centers
270
276
307
L291
Finance Committee
Law
Appropriating $433,150 to State Board of Education for statewide public school information system
271
276
307
[292
Finance Committee
Law
Appropriating $10,208 to Department of Agriculture to regulate sprayers and dust ers
271
279
307
1293
Finance Committee
Law
Appropriating $62,972,872 to State High way Board of Directors
277
280
307
.294
Finance Committee
Law
Appropriating $13,241,501 ment of Education
290
292
307
1295
Finance Committee
Law
Appropriating $10,000 to Idaho Agricul tural Labor Board
290
299
307
[296
Finance Committre
Died on House Calendar
Appropriating $382,702 to ployees Retirement Board
297
298
298
[297
Finance Committee
Law
Appropriating $10,000 to Department of Agriculture
297
298
307
.
for
Depart
Public
Em
SENATE INDEX
394
SECTION VI Senate Bill No.
1004 1005 1007 1015 1022 1026 1027 1028 1029 1030 1032 1044 1046 1048 1050 1051 1053 1054 1057 1059 1061 1064 1066 1067 1070 1071 1072 1075 1078 1083 1086 1092 1094 1095 1098 1099 1102 1104 1105 1108 1109 1111 1114 1115 1116 1119 1121 1122 1124 1125 1126 1129 1136 1139 1140 1142 1143 1144 1145
Author
Judiciary and Rules Judiciary and Rules State Affairs Judiciary and Rules Commerce and Banking Health, Education and Welfare Health, Education and Welfare Steen Judiciary and Rules State Affairs Agricultural Affairs Judiciary and Rules. Health, Education and Welfare Local Government and Taxation Judiciary and Rules Murphy, Crookham, Swenson, Fredericksen, Mix, Mitchell, Chase, Miller, Evans and Crutcher Judiciary and Rules State Affairs Judiciary and Rules Health, Education and Welfare Local Government and Taxation Resources and Environment Judiciary and Rules Labor and Economic Development State Affairs Resources and Environment Resources and Environment Commerce and Banking Crookham, Bilyeu Eghert Local Government and Taxation Judiciary and Rules Health, Education and Welfare Health, Education and Welfare Labor and Economic Development State Affairs State Affairs Agricultural Affairs Agricultural Affairs Health, Education and Welfare Commerce and Banking Health, Education and Welfare Judiciary and Rules Judiciary and Rules Judiciary and Rules Resources and Environment Judiciary and Rules Judiciary and Rules Local Government and Taxation State Affairs State Affairs Transportation Health, Education and Welfare Judiciary and Rules Judiciary and Rules Judiciary and Rules Judiciary and Rules Judiciary and Rules Judiciary and Rules
Signed by Governor
Clause
gency
Effective Date
Sesslo Laws Chaptc
2- 4-71 2-27-71 3-18-71 3- 8-71 3- 3-71 2-27-71 2-11-71 3 -8-71 3- 2-71 3-18-71 3-12-71 3- 8-71 3- 4-71 3- 4-71 3-15-71
No Yes No Yes No No No No. No. Yes Yes Yes Yes No No
5-20-71 2-27-71 5-20-71 3- 8-71 7- 1-71 7 -1-71 5-20-71 5-20-71 5-20-71 3-18-71 3-12-71 3- 8-71 3- 4-71 5-20-71 5-20-71
5 32 137 71 49 33 15 72 46 136 101 73 53 52 111
3-25-71 3 -2-71 3-30-71 3- 8-71 3-25-71 3- 4-71 3-25-71 2-27-71 2-20-71 3- 2-71 3-20-71 3-20-71 3- 8-71 3-19-71 3-20-71 3-30-71 3-20-71 3- 2-71 3- 2-71 3- 8-71 3- 4-71 VETOED 3-12-71 3-20-71 3- 8-71 3-20-71 3-16-71 3-11-71 3-11-71 3-11-71 3-30-71 3-20-71 3-20-71 3-15-71 3-11-71 3- 8-71 3-20-71 3-30-71 3-16-71 3-20-71 3-30-71 3-11-71 3-25-71 3-20-71
No No No No No No No No No Yes Yes Yes Yes No No No No No No Yes No
1- 1-72 5-20-71 7- 4-71 5-20-71 5-20-71 5-20-71 5-20-71 5-20-71 5-20-71 3- 2-71 3-20-71 3-20-71 3- 8-71 5-20-71 5-20-71 5-20-71 5-20-71 7- 1-71 7- 1-71 3- 8-71 5-20-71
253 47 341 74 252 51 254 34 31 48 161 162 70 148 163 317 164 43 44 80 50
No No No No No No No Yes No No Yes Yes No No No No Yes Yes No Yes No Yes
5-20-71 7- 1-71 7-31-71 5-20-71 5-20-71 5-20-71 5-20-71 3-11-71 7- 1-71 5-20-71 3-20-71 3-15-71 5-20-71 7- 1-71 5-20-71 5-20-71 3-16-71 3-20-71 5-20-71 3-11-71 5-20-71 3-20-71
100 173 68 165 127 93 97 96 337 166 167 112 95 75 168 338 128 169 365 94 251 170
Emer.
SENATE INDEX
395
enate Bill No.
.146 .149 .151 .153 154 158 .159 .160 .165 .172 .175 .176 .177 .178 .179 182 .183 t184 L185 186 [187 188 189 t193 L195 .196 1197 [204 L207 .209 L210 [211 L212 L213 .214 .215 t216 .217 1222 1223 [224 1226 [227 228 .229 [230 .231 .232 t233 L234 t235 1239 .240 .242 .243 1245 1246 [248 .250 t251 [252
Author
Judiciary and Rules State Affairs State Affairs Finance Finance Finance Finance State Affairs Transportation Commerce and Banking Judiciary and Rules Agricultural Affairs Agricultural Affairs Agricultural Affairs Judiciary and Rules Judiciary and Rules Judiciary and, Rules Health, Education and Welfare Agricultural Affairs State Affairs State Affairs State Affairs State Affairs Judiciary and Rules Health, Education and Welfare State Affairs Health, Education and Welfare State Affairs Health, Education and Welfare Finance Finance State Affairs State Affairs Judiciary and Rules Finance Finance Finance Finance Health, Education and Welfare Health, Education and Welfare Finance Judiciary and Rules Judiciary and Rules Finance Finance Judiciary and Rules Finance Finance Finance Finance Finance State Affairs Finance Finance Finance Judiciary and Rules State Affairs State Affairs Finance Finance Health, Education and Welfare
Signed by
Governor
3-25-71 3-12-71 3-20-71 3- 8-71 3- 8-71 3- 8-71 3- 8-71 3- 9-71 3-25-71 3-30-71 3-16-71 3-30-71 3-25-71 3-30-71 3-25-71 3-25-71 3-18-71 3-30-7 1 3-30-71 3-16-71 3-16-71 3-16-71 3-25-71 3-25-71 3-25-71 3-25-71 3-20-71 3-25-71 3-25-71 3-25-71 3-30-71 3-25-71 3-25-71 3-25-71 3-25-71 3-25-71 3-25-71 3-25-71 3-30-71 VETOED 3-25-71 3-25-71 3-25-71 3-25-71 3-25-71 3-25-71 3-25-71 3-25-71 3-25-71 3-25-71 3-25-71 3-30-71 3-25-71 3-25-71 3-25-71 3-30-71 3-30-71 3-30-71 3-30-71 3-30-71 3-30-7 1
â&#x20AC;&#x2DC;
Emergency Clause
Effective Date
Yes Yes Yes No No No No Yes No Yes No No No No No No No No No Yes Yes Yes Yes No No No No Yes Yes No Yes Yes No Yes No No No No Yes
3-25-71 3-12-71 3-20-71 5-20-71 5-20-71 5-20-71 5-20-71 12-1-70 5-20-71 3-30-71 5-20-71 5-20-71 5-20-71 5-20-71 5-20-71 5-20-71 5-20-71 7- 1-71 5-20-71 3-16-71 3-16-71 3-16-71 3-25-71 5-20-71 5-20-71 5-20-71 7- 1-71 3-25-71 3-25-71 5-20-71 3-30-71 3-25-71 5-20-71 3-25-71 5-20-71 5-20-71 5-20-71 5-20-71 3-30-71
255 99 171 76 77 78 79 89 256 328 126 339 257 318 250 258 135 329 343 129 130 131 259 260 261 249 172 262 263 245 342 264 265 266 247 246 245 244 340
No No Yes No No Yes No No No No No No No No No No No Yes No No No
5-20-71 1- 1-72 3-25-71 5-20-71 5-20-71 3-25-71 5-20-71 5-20-71 5-20-71 5-20-71 5-20-71 5-20-71 7- 141 5-20-71 5-20-71 5-2041 5-20-71 3-30-71 5-20-71 5-20-71 5-20-71
243 267 268 242 241 269 240 239 238 237 236 330 235 234 233 331 327 319 332 333 334
Session
Iws Chapter
396 Senate Bill Na.
1253 1254 1255 1256 1257 1258 1259 1260 1261 1265 1267 1269 1271 1273 1274 1275 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1289 1290 1291 1292 1293 1294 1295 1297
SENATE INDEX
Author
Finance Judiciary and Rules Judiciary and Rules Finance Finance Finance Finance Finance Finance Finance Finance Finance Finance State Affairs State Affairs Finance Judiciary and Rules Finance Finance Finance Finance Finance Finance Finance Finance Finance Finance Finance Finance Finance Finance Finance Finance Finance
Signed by Governor
3-3041 3-25-71 3-30-71 3-30-71 3-30-71 3-30-71 3-30-71 3-30-71 3-30-71 3-30-71 3-30-71 3-30-71 VETOED 3-30-71 3-30-71 3-30-71 3-30-71 3-30-71 3-30-71 3-30-71 3-30-71 3-30-71 3-30-71 3-30-71 3-30-71 3-30-71 3-30-71 3-30-71 3-30-71 3-30-71 3-30-71 3-30-71 3-30-71 3-30-71
Emer. geney Clause
Effective Date
Sessio Law Chaptc
No No Yes No No No No No No Yes No No
5-20-71 5-20-71 3-30-71 5-20-71 5-20-71 5-20-71 5-20-71 5-20-71 5-20-71 3-30-71 5-20-71 5-20-71
335 270 335 344 345 320 346 347 348 349 350 351
No Yes No No Yes No Yes No Yes No No Yes No No Yes No No No No No No
1- 1-72 3-30-71 5-20-71 7- 1-71 5- 1-71 5-20-71 3-30-71 5-20-71 3-30-71 5-20-71 5-20-71 3-30-71 5-20-71 5-20-71 3-30-71 5-20-71 5-20-71 5-20-71 5-20-71 5-20-71 5-20-71
352 353 354 316 321 355 356 357 358 359 360 361 362 315 363 364 322 323 324 325 326
SENATE INDEX
397
SECTION VII LIST OF VETO MESSAGES OF GOVERNOR RELATING TO SENATE BILLS enate Bill No.
Subject Matter
Page
102
Establishing a uniform policy for state employees with reference to overtime, holidays, vacation, leave, etc
189
223
Providing that State Supt. of Public Instruction and the Executive Director of the State Board of Edu cation shall be ex-officio non-voting members of the State Board of Education
306
271
Appropriating $16,288,740 from the General Fund, Federal Funds, Receipts and special funds to the State Board of Health for expenses during the next fiscal year
306
398
SENATE INDEX SECTION VIII NUMERICAL INDEX OF SENATE JOINT RESOLUTIONS FORTY-FIRST LEGISLATURE
—
FIRST REGULAR SESSION
1971 Joint Senate Resolution
Introduced By
Final Action
Introduction Page
Subject Matter
Senate Vote Page
Final Disposi tion Pag
101
State Affairs Committee
Adopted
Proposes to amend Idaho Constitution to eliminate the elected state officials as auto matic members of the land board
20
43
229
102
Judiciary and Rules Committee
Held in House Conunittee
Proposes to amend Idaho Constitution to provide conditions in jury trials
98
151
151
103
Health, Education and Welfare Committee
Held in Senate Committee
Proposes to amend Idaho Constitution to provide for management of the University of Idaho by the Legislature A. $
103 140
104
Local Government and Taxation Committee
Held in Senate Committee
Proposes to amend Idaho Constitution to allow the legislature to establish classes of property and tax rates
129
105
Local Government and Taxation Committee
Held in Senate Committee
Proposes to amend Idaho Constitution to eliminate the requirement that property be taxed uniformly according to value
129
106
Health, Education and Welfare Committee
Held in Senate Committee
Proposes to amend Idaho Constitution to allow tuition at the University of Idaho
136
107
State Affairs Committee
Held in Senate Committee
Proposes to amend Idaho Constitution to provide for Legislative Compensation of $5,500 annually
151
108
State Affairs Committee
Held in Senate Committee
Proposes to amend Idaho Constitution to provide for Legislative compensation of $4,800 annually
182
—
109
Judiciary and Rules Committee
Lost in House
Proposes to amend Idaho Constitution to provide for Legislative compensation to be set by law
187
262
262
300
..
,.
—
—
166
130
130 —
—
110
State Affairs Committee
Lost in Senate
Proposes to amend Idaho Constitution to provide for Legislative compensation of $2,400 annnually
238
300
111
State Affairs Committee
Held in Senate Committee
Proposes to amend Idaho Constitution to provide for Legislative compensation of $1,200 annually
257
—
145
155
277
277
112
State Affairs Committee
Adopted
Proposes to amend Idaho Constitution to provide for Legislative compensation set by a citizen’s committee
300
301
305
113
State Affairs Committee
Adopted
Proposes to amend Idaho Constitution to provide for Legislative compensation of $3,600 annually
301
302
305
SENATE INDEX
399
SECTION IX NUMERICAL INDEX OF SENATE JOINT MEMORIALS FORTY-FIRST LEGISLATURE
â&#x20AC;&#x201D;
FIRST REGULAR SESSION
1971 mate oint emo-
lals
Introduced
by
Final
Action
Introduetion
Subject Matter
Page
Senate Vote
Page
Final Dispo
sition Page
Resources and Environment Committee
Adopted
Urging Congress to adopt legislation to provide payments in lieu of taxes for lands held in public ownership
27
33
145
102
Resources and Environment Committee
Held in House Committee
Urging Congress to make funds available for pollution abatement
35
41
41
103
Manley and Crookham
Lost in Senate
Urging Congress to pass a Sawtooth Na tional Recreation Area and to create a Na tional Park in the uplands of the Sawtooths, White Clouds, Boulder and Pioneer Mountains A.S
43 68
84
84
Urging Congress to pass legislation with drawing for 5 years further mineral entry in the Sawtooth, White Clouds, and Boulder Mountain ranges
49
58
207
101
104
105
106
Peavey
Adopted
State Affairs Committee
Held in House Committee
Asking Congress to require North Vietnam to live up to the terms of the Geneva Convention A.S
52 102
113
113
State Affairs Committee
Adopted
Urging the President, Secretary of Trans portation and Congress to take action to insure passenger rail service in Idaho.
81
96
136
..
107
Resources and Environment Committee
Held in House Committee
Urging Congress to adopt legislation to effect a revenue sharing plan with the states
93
104
104
108
State Affairs Committee
Held in House Committee
Urging Congress to consider method of giving credit on federal income taxes for additional state taxes paid as a method of Federal Tax Sharing
117
132
132
109
State Affairs Committee
Adopted
Withdrawing previous memorial asking for a constitutional convention to adopt an amendment allowing one house of a state legislature be apportioned other than population
51
170
305
110
State Affairs Committee
Adopted
Urging Congress to make additional money available for operating loans for family farms
187
224
305
400
SENATE INDEX SECTION X NUMERICAL INDEX OF SENATE CONCURRENT RESOLUTIONS FORTY-FIRST LEGISLATURE
â&#x20AC;&#x201D;
FIRST REGULAR SESSION
1971 Senate Concurrent Resolutions
Introduced b3â&#x20AC;&#x2122;
Final Action
Subject
Introduction Page
Matter
101
Ellsworth (20) and Evans
Adopted
Ratifying and adopting the acts of the Organizational Session of the Forty-first Legislature
102
Bivens and Mix
Adopted
Fixing the salaries of the Attaches
103
Finance Committee
Adopted
104
Judiciary and Rules Committee
Adopted
106
Judiciary and Rules Committee
Held in House Committee
106
Health, Education and Welfare Committee
107
Senate Vote Page
Final Dhsposi tion Pag
7
7
21
17
18
22
Authorizing the expenditure of Legislative funds for construction of public connected functions in capitol building
19
29
36
Printing contract for the House and Senate bills
39
48
68
Adopts Joint Rule 11 to provide for the press to attend joint meetings
47
59
Held in House Committee
Authorizes a study of the Department of Education
47
58
58
Kidwell
Lost in Senate
Requesting Congress to call constitutional convention to adopt an amendment to re quire Federal Government to share income tax revenue with states
63
70
70
108
Resources and Environment Committee
Held on Senate Calendar
Authorizes Lt. Governor to select an advi sory committee and assist in the selection of indemnity lieu lands due from the Fed eral Government
68
90
94
109
Judiciary and Rules Committee
Adopted
Provides for Legislative photographs
98
113
154
110
Commerce and Banking Committee
Adopted
Directs Idaho Public Utilities Commission to conduct hearings on freight rates
124
137
187
111
State Affairs Committee
Adopted
Authorizes study of problems related to agricultural labor
151
194
295
112
State Affairs Committee
Held in House Committee
Establishes an Interim Committee to re view contracts relative to water projects in the Grandview-Guffey area
162
193
193
113
Judiciary and Rules Committee
Adopted
Urges support for the 1971 National High School Rodeo Championship Finals
167
183
238
114
Health, Education and Welfare Committee
Adopted
Directs Legislative Council to study the feasibility of State of Idaho becoming a self-insurer
168
204
295
116
Health Education and Welfare Committee
Adopted
Establishes an Interim Committee to study problems relative to the potato industry.
207
224
295
116
State Affairs Committee
Adopted
Appreciation to Idaho Daily Newspapers.
246
264
305
117
State Affairs Committee
Adopted
Appreciation for free parking privileges to Legislature
246
264
305
118
State Affairs Committee
Adopted
Appreciation to Associated Industries
246
265
305
119
State Affairs Committee
Died on House Calendar
Directs the Legislative Council to Study dedicated funds
269
271
271
.
printing
of
.
401
SENATE INDEX SECTION XI NUMERICAL INDEX OF SENATE RESOLUTIONS FORTY-FIRST LEGISLATURE
—
FIRST REGULAR SESSION
1971 lenate lesolu-
tiona
101
Introduced by
Judiciary and Rules Committee
Final Action
Adopted
Sub)ect Matter
Printing contract for the Senate Journal
Final
Introduction
Senate Vote
Dispo sition
Page
Page
Page
38
48
56
402
SENATE INDEX SECTION XII NUMERICAL INDEX OF HOUSE BILLS WHICH REACHED SENATE FORTY-FIRST LEGISLATURE FIRST REGULAR SESSION —
1971 Introduced by
Final Action
.
Subject Matter
Senate Vote Page
52
67
nal
flispo sition Page
Williams
Law
2
Williams
Held in Senate Committee
3
Appropriations Committee
Law
Appropriating monies from 40th Legisla ture to 41st Legislature
19
21
29
5
Agricultural Affairs Committee
Law
Reducing Assessment on essential from mint to one cent per pound
33
51
55
7
Health and Welfare Committee
Law
Repealing Code which provides for local boards of health
37
45
49
8
Health and Welfare Committee
Held in Senate Committee
Providing for sterilization of incompe tents under certain conditions A.H. (See House Journal)
10
Health and Welfare Committee
Law
Eliminating the continued testing of school personnel for tuberculosis under certain eonditions
32
46
49
13
Local Government Committee
Law
Allowing municipalities to adopt by reference, any national recognized code of regu lations and provisions of the Idaho Code.
46
54
61
14
Local Government Committee
Law
Requiring City Clerk to file certified copy of ordinance annexing property with County Auditor, Treasurer, Assessor and State Tax Commission
37
51
55
15
Local Government Committee
Law
Establishes a procedure for vacating of pints inside city limits
37
51
55
20
Health and Welfare Committee
Held in Senate Committee
Requiring State Board of Health to adopt sanitary restrictions for sub-divisions
52
21
Local Government Committee
Held in Senate Committee
Allowing County Commissioner to determine rate of allowance for mileage
41
23
Local Government Committee
Law
Allowing counties to accumulate unex pended funds for “Parks and Recreation Fund.”
66
92
98
26
Business Committee
Law
Allowing municipalities to issue installmeat improvement bonds in denomina tions of up to $1,000 A.H. (See House Journal)
141
220
240
Defining “irreconcilable difference” and make this grounds for divorce Providing for reconciliation proceedings in
49
71
80
28
Relating to annexation of territory by cities prior to city elections Increasing maximum compensation rate of Highway Commissioners
Intro.. duction Page
36
—
73 36
oils
41
—
—
—
50
53 41
Judiciary, Rules and Administration Committee
Law
29
Judiciary, Rules and Administration Committee
Law
divorce cases
49
71
80
30
Local Government Committee
Law
Correcting the references to certain sec tions of the Idaho Code relating to joint services of local units of government
46
54
61
31
Local Government Committee
Law
Requiring the county recorder to file an affidavit of disincorporation of a city with the Secretary of State
46
55
61
32
Local Government Committee
Law
Eliminating the maximum interest (6%) rate allowed to be paid on Hospital Dis trict Bonds
46
55
61
33
Locai Government Committee
Law
Relating to the certification, levy and col lection of county taxes
46
55
61
SENATE INDEX
Bill No.
Introduced by
Final Action
403 Finni
flispo
Introduction Page
Senate Vote Page
Repealing the 4% limitation in tax reve nues.................................
204
233
Allowing Pea and Lentil Commission to keep their own books
43
70
80
141
185
204
90
Subject Matter
sitlon Page
Revenue and Taxation Committee
Law
35
Agricultural Affairs Committee
Law
36
Judiciary. Rules and Administration Committee
Law
Revising of Criminal Code A.H. (See House Journal)
40
Health and Weifare Committee
Law
Providing for Blood Service, limited ha bility
48
79
41
Ways and Means Committee
Law
Reducing amount of reserve that must be kept in Sales Tax Refund Fund
49
61
46
Edwards and Tregoning
Law
Allowing Idaho State Board of Medicine and Idaho Board of Nursing to adopt rules and regulations applying to the practice of nursing
52
67
73
48
Judiciary, Rules and Administration Committee
Law
Providing for fines and forfeitures distri bution A.S
55 97
123
147
Judiciary, Rules and Administration Committee
Law
Eliminating the necessity for filing a copy of annual statement of a corporation with the county recorder that has its articles of incorporation
57
66
73
Amending various sections of Lewiston School Districts
55
72
80
141
173
204
259
305
34
52
54
55
Education Committee
Law
Molyneaux and Williams
Law
Health and Welfare Committee
Law
Allowing a retired person certain property tax exemptions A.H. (See House Journal) A.S
•.
258
158
Regulating construction and use of waste disposal and injection wells and places ad ministration and regulations under De partment of Water Administration A.H. (See House Journal) A.S
256
Eliminating the provision that the Journal shall be printed and provides that it shall be “published.”
55
66
73
Providing for setting salaries of county officials
96
161
176
176
56
Printing and Legislative Expense Committee
Law
57
Local Government Committee
Law
58
Revenue and Taxation Committee
Held in Senate Committee
Adding a 1/200 of a cent tax on each ciga rette sold to be paid into a State Fire Pre vention Fund
70
60
State Affairs Committee
Lost in Senate
Giving Commissioner of Law Enforcement discretionary authority pertaining to seals on packaged liquor
74
134
137
62
Sessions, Allen, Loveless, Farner, Hedges, Scoresby
Law
95
144
153
64
Ways and Means Committee
Law
Providing that State withholding tax shall be paid on a monthly basis
90
100
67
Resources and Conservation Committee
Law
Allowing engineers and surveyors lien to be filed against property for services performed
76
151
163
68
Judiciary, Rules and Administration Committee
Law
Revising the rate that can be charged for publication of legal notices in newspapers.
95
123
136
Reducing alcohol content to .08% for pre sumption of intoxication A.H. (See House Journal)
—
71
SENATE INDEX House Bill No.
69
Introduced 1,’
Ravenscroft and Greenawalt
Final Action
Law
Introduction Page
Senate Vote Page
Authorizing State Park Board to appro priate and hold in trust certain unappro priated waters A.H. (See House Journal)
121
249
Subject Matter
Final
Dispo. sit on Page
270
70
Education Committee
Held in Senate Committee
Requiring a list of educational objectives to be sent to parents of school children.
125
71
Education Committee
Law
Giving privileged communication to edu cational counselors
70
119
131
72
State Affairs Committee
Law
Increasing minimum wage in Idaho
70
172
197
73
State Affairs Committee
Law
Recodfying Workmen’s Compensation Law. A.H. (See House Journal)
160
195
204
74
Health and Welfare Committee
Law
Authorizing State Board of Health to establish Emergency Medical service.
66
108
Health and Welfare Committee
Law
Establishing a mental health program at Idaho State Penitentiary
155
206
222
State Affairs Committee
Law
Adopting an extended unemployment bene fits
52
56
61
80
Education Committee
Law
Providing for the computation school emergency fund levy
70
100
104
82
Onweiler
Held in Senate Committee
Providing for distribution of liquor fund surplus A.H. (See House Journal)
Resources and Conservation Committee
Law
Providing for rights to use appropriated water
96
226
258
Agricultural Affairs Committee
Law
Requiring a permit from brand inspector to move animals out of the state
155
181
197
86
Edwards
Law
87
Resources and Conservation Committee
Law
Agricultural Affairs Committee
Law
91
Health and Welfare Committee
92
Health and Welfare Committee Health and Welfare Committee
76
78
83
85
89
93
.
.
—
127
of the
290
—
291
Allowing the Public Health District Budget Committee to meet on or before 1st Monday of December Providing for injunctive procedure in dredge mining
66
86
95
131
249
270
Exempting Commodity Commission from provisions of state personnel system
96
181
197
Law
Allowing a minor 14 years or older to give his consent for treatment of communicable disease
106
162
176
Held in Senate Committee
Allowing a medical practitioner to treat drug addiction
83
Law
Defining “professional malpractice” and sets forth regulations covering actions for damage under this section A.H. (See House Journal) Allowing retail sale of table wines A.H. (See House Journal) A.S Increasing motor vehicle operator’s iicense fee A.H. (See House Journal) Providing for the merger of any cities employees retirement fund into Public Employees Retirement Fund Qualifying 18 year olds for Precinct Com mitteemen
96
State Affairs Committee
Law
97
Education Committee
Lost in Senate
99
State Affairs Committee
Law
100
State Affairs
Law
—
85
147
233
258
136
195
229
215
282
282
76
92
95
76
95
98
174
to
SENATE INDEX ouaa Bill No.
Inltroduced by
Final Action
Subject Matter
Introduction Page
Senate Vote Page
Final flisp aition Page
101
State Affairs Committee
Law
Eliminating the requirement that only property taxpayers can vote in elections authorizing general obligation bonds
76
92
95
105
Judiciary, Rules and Administration Committee
Vetoed
Requiring public assemblies of 1,000 or more persons to be licensed.
103
251
270
107
Agricultural Affairs Committee
Law
Redefining water for “domestic purposes.” A.H. (See House Journal)
96
211
229
108
Agricultural Affairs Committee
Law
Raising the annual assessment for the Sheep Commission Fund
90
140
147
109
Keithly
Lost in Senate
Regulating “abortional act” and establish ing circumstances under which an abortion can be performed
103
146
146
110
Ravenscroft
Law
Creating a special advisory board on state land usage
104
195
204
111
Rice
Law
Defining muffler requirements for motor vehicles
96
146
160
114
Health and Welfare Committee
Law
Increasing the examination fee for pharm acists
83
105
116
115
Health and Welfare Committee
Law
Providing that a license to operate a pharmacy must be renewed within 60 days of expiration
83
100
116
116
Health and Welfare Committee
Law
Raising examination fee for out-of-state pharmacists
83
100
116
118
Business Committee
Law
Defining Fraternal Benefit Societies as they apply to exemptions under state in surance laws
94
172
192
121
Ravenscroft Hyde, Hedlund and Onweiler
Law
Creating a State Park in Ada County on ground of “Old Soldiers Home.” A.H. (See House Journal)
141
173
192
131
Transportation and Defense Committee
Law
Redefining and establishing the boundaries of Sandpoint Independent Highway Dis trict
96
161
176
132
Judiciary, Rules and Administration Committee
Law
Eliminating the requirement that Clerk of Idaho Supreme Court reside in Ada County
103
143
153
134
Revenue and Taxation Committee
Law
Providing for property exemptions for sales and use tax
94
133
145
135
Revenue and Taxation Committee
Law
Eliminating the provision that corporations may subtract 50% net long term capital gain against short term capital loss
94
125
145
Providing for actions of slander and libel, after death of the wrongdoer A.H. (See House Journal)
131
252
270
137
Judiciary, Rules and Administration Committee
Law
139
Resources and Conservation Committee
Held in Senate Committee
Prohibiting the carrying of loaded firearms in a vehicle A.H. (See House Journal)
103
140
Agricultural Affairs Committee
Law
Regulating the labeling of prepackaged poultry
96
141
Agricultural Affairs Committee
Held in Senate Committee
Providing for transfer of stock in live stock markets
96
Resources and Conservation Committee
Held in Senate Committee
Authorizing Fish and Game Department the optional authority on charge for pamphlets
104
142
—
140
—
—
104
147
143
105
406
House Bill No.
SENATE INDEX
Final Action
Introduced By
Final
ntroduction Page
Senate Page
sition Page
Removing Kingfisher, Cormorant and Peli can birds from unprotected list
106
252
270
Changing the formula for distribution of fines and forfeitures for violations
104
168
106
134
Subject Matter
Vote
Diapo
Resources and Conservation Committee
Law
Resources and Conservation Committee
Law
146
Ways and Means Committee
Law
Changing the authorized persons can sign checks for port districts
147
Ways and Means Committee
Held in Senate Committee
Providing bonding procedures for brokerdealers under certain conditions
104
148
Ways and Means Committee
Lost in Senate
Authorizing Fish and Game Department to license and regulate private shooting preserves
121
220
220
149
Resources and Conservation Committee
Law
Removing mountain lions as a predatory animal and establishing an open season.. A.H. (See House Journal) A.S
165
228
277
201
150
State Affairs Committee
Law
Revises the Employment Security Law..
113
151
Revenue and Taxation Committee
Held in Senate Committee
Providing a schedule of registration fees for trailer houses, mobile homes and camp trailers
215
152
Revenue and Taxation Committee
Law
Transferring $1,000,000 from Social Security Trust Fund to the General Fund.
104
119
131
Revenue and Taxation Committee
Law
Changing reference in law assessing kilowatt hour tax to State Tax Commission.
106
133
145
Revenue and Taxation Committee
Law
Repeals code relating to assessment of migratory livestock
106
147
Revenue and Taxation Committee
Law
Removing requirements for listing the number and value of livestock on tax rolls.
113
133
Revenue and Taxation Committee
Law
Enacting regulations in the assessment on railroad and car companies
113
134
145
Revenue and Taxation Committee
Law
Revising the method of establishing assessed value of car companies
113
134
145
Revenue and Taxation Committee
Law
Eliminating the requirement that State Tax Commission shall meet at the State Capitol each year
113
133
145
Revenue and Taxation Committee
Law
Changing some references on tax equalization A,S
131 256
260
303
Revenue and Taxation Committee
Vetoed
Placing delinquent tax penalties in county general fund
121
158
169
Health and Welfare Committee
Law
Revising the. laws regulating the practices of dentistry
106
143
153
Transportation and Defense Committee
Law
Referring to annexation of property in highway districts
113
174
192
Transportation and Defense Committee
Held in Senate Committee
Providing that intra-state air travel rates be approved by Public Utilities Commis sion
131
143
144
153
154
155
156
157
158
159
162
165
167
169
that
.
—
146
105
206
—
—
217
132
SENATE INDEX
Introduced By
Final Action
40’? Final Dispo sition Page
Introduction Page
Senate Vote Page
Raising the per diem expenses for Idaho Board of Highway Directors A.S
113 187
207
258
Providing for assessment of pipeline and water companies
113
162
176
Providing that courts shall be closed on official holidays
103
143
153
Subject Matter
Transportation and Defense Committee
Law
Revenue and Taxation Committee
Law
Judiciary, Rules and Administration Committee
Law
174
State Affairs Committee
Law
Allowing 18 year old musicians to entertam in clubs
113
134
145
175
State Affairs Committee
Law
Removing the requirement that only property owners may vote on bond elections for air navigation facilities
113
144
153
177
Agricultural Affairs Committee
Law
Providing for annual assessment for Idaho Beef Council A.H. (See House Journal)
147
167
183
179
Judiciary, Rules and Administration Committee
Law
Idaho Consumer Protection Act
103
227
258
180
Resources and Conservation Committee
Law
Setting charges for appropriation of water for livestock by B.L.M A.H. (See House Journal)
141
210
229
Resources and Conservation Committee
Law
Providing for filing fees to appropriate public waters
121
211
229
Resources and Conservation Committee
Law
Revising the filing fee charged by department of Water Administration
121
211
229
184
Ways and Means Committee
Law
Directing Budget Division to establish a classification system of state employees.
231
269
281
185
Education Committee
Law
Establishing subdistricts in school districts under certain conditions A.H. (See House Journal)
136
174
192
188
State Affairs Committee
Law
Giving Secretary of State authority to supervise elections
116
139
145
189
State Affairs Committee
Law
Amending laws pertaining to election pre cincts A.H. (See House Journal
215
250
270
State Affairs Committee
Law
160
207
222
State Affairs Committee
Held in Senate Committee
170
172
173
181
182
190 191
192 193
195
196
197
Business Committee
Law
Judiciary, Rules and Administration Committee
Law
Transportation and Defense Committee
Law
Transportation and Defense Committee
Law
Business Committee
Law
Establishing a new Board of Architectural Examiners Establishing architectural injunctive procedure A.H. (See House Journal) A.S Revising the regulations regarding insurance separate accounts
145
—
267
256 106
269
281
141
181
197
Providing regulations for appointment of highway commissioner
98
123
136
Providing for relocation of persons die. placed by new highway construction
136
174
192
Setting new regulations companie’
106
174
197
Providing for issuance of notice in mag istrates court A.H. (See House Journal)
for insurance
SENATE INDEX
408
House BiU No.
Final
Introduced
Action
fly
Page
Final Dispo sition Page
Idaho Surface Mining Act A.S
145 201
220
270
Subject Matter
Introduction Page
Senate Vote
198
Resources and Conservation Committee
Law
199
Revenue and Taxation Committee
Law
Providing for assessment and distribu tion of utility property to counties
155
185
204
200
Judiciary, Rules and Administration Committee
Law
Providing an abbreviated procedure for probating an interstate estate
113
207
222
201
Resources and Conservation Committee
Died on Senate Calendar
183
221
221
202
Ways and Means Committee
Law
Amending non-resident Fish and Game licenses A.H. (See House Journal) Creating Department of Disaster Relief and Civil Defense
176
209
229
205
Local Government Committee Appropriations Committee
Law
206
116
133
145
Law
Providing for removal of land from water and sewer districts Transferring $20,000 from travel and $80,000 from capital outlay to other cur rent expense for Fish and Game
176
234
258
116
143
153
116
161
169
125
167
183
207
Health and Welfare Committee
Law
Providing for nursing regulations
208
Health and Welfare Committee
Law
Providing for registration and fees for physical therapists
209
Education Committee
Law
Providing for professional for educational employees
211
Local Government Committee
Law
Providing that a county may acquire solid waste disposal systems
116
133
145
212
Appropriations Committee
Law
Providing for supervision of Bursars at state educational institutions
141
162
176
215
State Affairs Committee
Law
Flood Control Districts Act
176
282
303
216
Revenue and Taxation Committee
Law
Providing for operating statements of util ities A.H. (See House Journal)
183
228
258
217
State Affairs Committee
Law
Allowing seed potato importation
136
181
197
21$
State Affairs Committee
Law
Allowing county commissioners to set up Pest Control Districts A.S
136 175
196
222
219
Ways and Means Committee
Law
Adopting Uniform Consumer Credit Code A.S
131 211
225
305
220
Ways and Means Committee
Law
Prohibiting motorcycles to carry passen gers unless equipped with foot rest
141
166
176
221
Ways and Means Committee
Law
Making mistreatment of animals as grounds for revocation of license for outfitters and guides
215
253
270
Ways and Means Committee
Held in Senate Committee
Providing for death of a claimant in injury cases
145
â&#x20AC;&#x201D;
146
225
Ways and Means Committee
Held in Senate Committeee
Amending the rules of evidence
183
229
Appropriations Committee
Law
Appropriating for licensing boards
137
156
231
State Affairs Committee
Law
Relating to the equipment and operation of water craft
147
174
223
negotiations
â&#x20AC;&#x201D;
184 163
SENATE INDEX
iouse ilil No.
Introduced
Final Action
Bit
409 Introduction Page
Subject Matter
Senate Vote Page
Final Dispo sition Page
234
State Affairs Committee
Held in Senate Committee
Providing for municipalities to acquire or cancel franchises in newly annexed territories
147
235
State Affairs Committee
Lost in Senate
Providing for exclusion of property in sewer and water districts
147
236
Ways and Means Committee
Law
Providing for restitution of real prop.erty to owner in an action of forcible entry
145
181
197
241
State Affairs Committee
Law without Signature
Idaho Agricultural Labor Act of 1971. A.S
155 186
194
222
242
Ways and Means Committee
Law
Idaho Tort Claims Act
145
219
229
243
State Affairs Committee
Law
Idaho Underground Conversion of Utilities Law. A. H. (See House Journal)
197
249
270
244
Revenue and Taxation Committee
Law
Establishing a small claims division of the Board of Tax Appeals
176
209
229
246
State Affairs Committee
Held in Senate Committee
Raising the acreage exemption of agricul tural lands from county zoning laws.
176
247
Revenue and Taxation Committee
Law
Exempting pre-fabricated buildings from sales tax
176
245
270
Revenue and Taxation Committee
Law
215
251
270
Revenue and Taxation Committee
Held in Senate Committee
Establishing 75% support at state level for public schools
204
251
Ways and Means Committee
Law
Allowing national advertising of contraceptives to appear in Idaho
165
220
240
252
Ways and Means Committee
Law
Imposing an additional use fee on vehicles, and extending special fuels tax
165
227
258
Appropriations Committee
Law
Appropriating $2,205,546 to State Liquor Dispensary
176
198
204
256
Revenue and Taxation Committee
Held in Senate Committee
Raising the gasoline and motor fuel tax A.S
169 201
258
Ways and Means Committee
Law
Reducing the minimum maturity date for state and public funds
165
227
258
Ways and Means Committee
Law
Providing for interest rates on public funds deposited
165
227
258
Ways and Means Committee
Law
Idaho Real Property Acquisition Act of 1971
165
221
240
261
Ways and Means Committee
Law
Uniform Control Substance Act
231
253
270
263
Ways and Means Committee
Law
Providing for legislative pay and allowance
231
265
277
Ways and Means Committee
Law
Increasing the percentage of loaning power of banks under certain exemption from the 20% limitatiàn
183
228
258
176
226
258
222
233
258
248
249
254
259 260
264
.
.
Providing for income tax refunds not ap plying in cases where a deficiency has been assessed A.H. (See House Journal)
265
Ways and Means Committee
Law
Providing for contributory negligence.
266
Revenue and Taxation Committee
Law
Allocation to cities of gasoline and special fuels tax
..
—
219
—
—
—
148 224
178
205
226
SENATE INDEX
[Touse Bill No.
Final Action
Introduced B3’
Introduction Page
Subject Matter
Senate Vote Page
Final Dispo sition Page
Revenue and Taxation Committee
Held in Senate Committee
Requiring tax notices to be mailed to both the taxpayer and his agent
183
270
State Affairs Committee
Law
Eliminating the provision for independ ent candidates for state and federal elec tive offices
197
227
258
271
State Affairs Committee
Law
Allowing 18 to 21 year olds to vote for President and congressional offices
197
227
258
272
State Affairs Committee
Law
Allowing recreation districts to operate youth recreation centers
192
228
258
273
State Affairs Committee
Law
Transferring authority for seed tests from University of Idaho to Commissioner of Agriculture
215
253
270
State Affairs Committee
Law
Allowing counties with population of 75,000 or more to adopt county-wide highway districts
192
269
281
Ways and Means Committee
Law
Authorizing legislative interim committee to study highways, roads and streets.
192
221
240
215
245
270
269
274
275
—
184
276
Ways and Means Committee
Law
Allowing consolidation of separate traffic offenses into one offense
277
Revenue and Taxation Committee
Lost in Senate
Creating a Fire Prevention Division in the Idaho Department of Labor
215
269
269
279
Appropriations Committee
Law
Appropriating $65,322 to Department of Public Assistance
183
199
204
280
Appropriations Committee
Law
Appropriating $250,000 to Department of Employment
222
249
270
Appropriations Committee
Law
Removing the requirement that State Anditor make annual audit of State Liquor Dispensary
222
249
270
282
Appropriations Committee
Law
Creating a legislative fund
183
234
258
284
State Affairs Committee
Law
Revising the procedures and regulations regarding registration of electors
197
227
258
285
State Affairs Committee
Law
Setting dates for primary elections and providing for election of county treas urer and assessor
197
227
258
286
State Affairs Committee
Law
Redefining “elections.”
197
228
258
289
Revenue and Taxation Committee
Law
Increasing income limitation for persons claiming property tax exemptions A.H. (See House Journal)
215
250
270
290
Ways and Means Committee
Law
Establishing a five member Communica tions Board
197
228
258
291
State Affairs Committee
Law
Providing that not more than 50% of any appropriation shall be spent in the first 6 months of fiscal year
231
269
281
292
State Affairs Committee
Law
Directing State Land Commissioner to convey surplus land to City of Albion.
215
252
270
Appropriations Committee
Law
Appropriating $1,500 to Franklin County Pioneer Relic Hall
215
235
258
Appropriations Committee
Law
Appropriating $108,464 to Arts and Hu manities Commission
215
234
258
295
Appropriations Committee
Law
Appropriating $313,512 to State ning and Community Affairs
215
234
258
296
Appropriations Committee
Law
Appropriating $97,401 to Veteran’s Affairs Commission
215
234
258
281
293 294
.
.
Plan-
SENATE INDEX
{Ouse
3111 No.
297
Introduced By
Appropriations Committee
Final Action
411 Introduction
Subject Matter
Page
Senate Vote Page
Fined Diapo ition Page
Law
Appropriating $151,204 to Idaho Historical Society
215
234
258
298
Appropriations Committee
Law
Appropriating $108,554 to State Treas urer
215
235
258
299
Appropriations Committee
Law
Appropriating $294,602 to State Board of Pharmacy
215
235
258
300
Appropriations Committee
Law
Appropriating $936,124 to Adjutant Gen eral
215
235
258
301
Appropriations Committee
Law
Appropriating Mines
$72,184
215
235
258
302
Appropriations Committee
Law
Appropriating Agent
$103,450
215
235
258
303
State Affairs Committee
Law
Establishing annual salaries for prosecut ing attorneys A.S
215 256
260
296
304
State Affairs Committee
Law
Establishing annual salaries for county commissioners
215
250
270
306
Revenue and Taxation Committee
Held in Senate Committee
Providing that 50% of tax on aircraft fuel shall be used for airports
231
â&#x20AC;&#x201D;
233
309
Revenue and Taxation Committee
Law
Updating Idaho Income Tax Code A.S
231 299
300
300
310
Appropriations Committee
Law
Appropriating $357,000 to Governor
222
251
270
311
Appropriations Committee
Law
Appropriating $7,866 to Idaho Public Util ities Commission for Transportation Council
222
250
270
312
Appropriations Committee
Law
Appropriating $206,381 to Bureau of Mines and Geology
222
250
270
313
Appropriations Committee
Law
Appropriating $274,283 to Budget and Fiscal Committee
290
292
303
314
Appropriations Committee
Law
Appropriating $130,319 to Department of Labor
222
250
270
315
State Affairs Committee
Law
Providing treatment by Christian Science practitioner under Workmenâ&#x20AC;&#x2122;s Compensa tion Law A.S
231 256
259
303
to
Inspector
of
Purchasing
to
Legislative
316
Appropriations Committee
Law
Appropriating $500,000 from Sales Tax Refund Fund to General Fund
270
284
303
317
Appropriations Committee
Law
Appropriating $248,429 to Idaho Commis sion for the Blind
222
250
270
320
Ways and Means Committee
Law
Providing for Legislative Budget Hear ings
270
284
303
321
Ways and Means Committee
Law
Extending aircraft fuel tax
277
288
303
324
Appropriations Committee
Law
Appropriating $497,768 Building Services
270
285
303
325
Appropriations Committee
Law
Appropriating $629,237 to State Library Board
231
254
270
326
Appropriations Committee
Law
Appropriating Court
231
254
270
327
Appropriations Committee
Law
Appropriating $340,750 to Attorney Gen eral
231
255
270
328
Appropriations Committee
Law
Appropriating $144,794 to Soil Conserva tion Commission
231
255
270
$2,172,223
to
Division of
to
Supreme
SENATE INDEX
&ouro Bill No.
329
Introduced Bjâ&#x20AC;&#x2122;
Appropriations Committee
Final Action
Subject Matter
Introduction Page
Senate Vote Page
Law
Appropriating $290,308 to Department of Insurance
231
255
231
268
Final Dispo sitjon Page
270
330
Appropriations Committee
Law
Appropriating $1,893,309 to State Board of Corrections for Penitentiary
331
Appropriations Committee
Law
Appropriating $5,000 to Athletic Commis sion
231
268
281
231
268
281
332
Appropriations Committee
Law
Appropriating $3,143,817 to State Board for Vocational Education
333
Appropriations Committee
Law
Appropriating $176,953 to Secretary of State
231
268
281
231
268
281
334
Appropriations Committee
Law
Appropriating $3,664,132 to Department of Agriculture
335
Appropriations Committee
Law
Appropriating $668,200 to Water Resource Board
231
269
281
Education Committee
Law
Authorizing State Board of Education to determine Public Schools Hardship Formula
240
269
281
Appropriations Committee
Law
Appropriating $3,673,737 to State Land Department
270
282
303
270
283
303
336
337 338
Appropriations Committee
Law
Appropriating $342,780 to Public Utilities Commission
339
Appropriations Committee
Law
Revising the membership on the Legisla tive Budget and Fiscal Committee
270
285
303
340
Appropriations Committee
Law
Appropriating $245,106 to Drivers Training Program
270
284
303
341
Appropriations Committee
Law
Appropriating $32,730,457 to State Board of Education for Institutes of Higher Learning
270
279
303
342
Appropriations Committee
Lost in Senate
Appropriating $854,702 to Public Employees Retirement Board
270
285
288
343
Appropriations Ccmmittee
Law
Appropriating $56,000 to Department of Public Assistance
270
285
303
344
Appropriations Committee
Vetoed
Appropriating $49,068,221 School Income Fund
277
279
303
270
286
303
to
Public
345
Appropriations Committee
Law
Appropriating $1,500,000 to Idaho Potato Commission
346
Appropriations Committee
Law
Appropriating $382,627 to State Auditor
270
286
303
347
Appropriations Committee
Law
Appropriating $5,287,721 to Idaho State Board of Vocationai Education
270
287
303
348
Appropriations Committee
Law
Appropriating $60,440 to Horse Racing Commission
270
287
303
Law
Appropriating $747,405 to State Board of Education
270
287
Appropriating $1,092,231 to Division of Communications
270
288
303
Allowing Tax Commission to receive and spend federal funds
277
288
303
Appropriating mission
277
289
303
Directing Department of Public Works to negotiate for purchase of Ada County Court House
277
289
289
Appropriating $545,000 to Department of A.eronautics
290
293
303
349
Appropriations Committee
350
Appropriations Committee
Law
351
Appropriations Committee
Law
352
Appropriations Committee
Law
353
Appropriations Committee
Lost in Senate
Appropriations Committee
Law
354
$168,100 to
Sheep Com
413
SENATE INDEX Fiouse Bill No.
Final Action
Introduced
Subject
Introduction Page
Matter
Senate Vote Page
Final Disposi. tion Pag
Appropriating $301,500 to State Auditor to develop financial management system.
290
293
303
Appropriations Committee
Law
356
Appropriations Committee
Law
Appropriating $7,223,708 to Fish and Game Department
291
294
303
357
Appropriations Committee
Law
Appropriating $332,819 to Management Services for administration and $293,030 for data processing
290
293
303
358
Appropriations Committee
Law
291
294
303
359
Appropriations Committee
Law
291
294
303
360
Ways and Means Committee
Held in Senate Committee
361
Appropriations Committee
Vetoed
291
295
303
Ways and Means Committee
Vetoed
291
292
303
355
362
.
Appropriating $91,000 to State Board of Education for nuclear research Appropriating $3,670,267 to Tax Commis sion Increasing excise tax on motor and special fuels Imposing a State ad valorem tax of 1 and % mills for supplement payments for Public Assistance in nursing homes Directing Fish and Game Fund to reim burse Legislative Council for Game Man agement Study
270
414
SENATE INDEX SECTION XIII HOUSE JOINT RESOLUTIONS WHICH REACHED THE SENATE 1971
Thnise Joint Resoluion No.
1
34
Introduced by
State Affairs Committee Ways and Means Committee
Final Action
Adopted
Lost in Senate
Subject Matter
Intro.duction Page
Proposing a constitutional amendment changing the legal voting age from 21 to 18
94
Proposing a constitutional amendment which would set legislative pay at $4,800 annually
291
Senate Vote Page
299
Final flispo sitten Page
299
41
SENATE INDEX SECTION XIV HOUSE JOINT MEMORIALS WHICH REACHED THE SENATE 1971
Joint Memoriai No.
1
2
3 6 7
8
Subject Matter Introduced by
Finaj Action
Resources and Conservation Committee
Adopted
Antone and Claiborn
Adopted
Murphy and Tregoning
Adopted
Ways and Means
Adopted
Urging Congress to enact legislation creating a Sawtooth National Recreation and Wilder ness Area
Introduction Page
Senate Vote Page
Finai Pie poeltzon Page
44
69
66
52
59
66
94
98
104
Urging the President, Congress and the Sec retary of Agriculture to provide a solution
for disparity between prices paid to farmers and cost to consumer Urging Congress to provide for the minting of a bicentennial coin to commemorate the 200th anniversary of this nation
Urging signatory nations of Geneva Conven
Committee
tion to require North Vietnam government to live up to terms of the Convention
131
142
153
Ways and Means Committee
Adopted
Urging the President and Congress to aid in the marketing problems of by-products of sal furic acid
169
183
204
Revenue and Taxation Committee
Adopted
Urging Congress to adopt a payment of monies from federally generated electricity in Idaho in lieu of payment of Idaho Kilowatt Hour Tax
215
231
258
SENATE INDEX SECTION XV HOUSE CONCURRENT RESOLUTIIONS WHICH REACHED THE SENATE 1971 louse
oncurrent tesolution No.
1
Introduced By
Final Action
Crapo and Williams
Adopted
Subject
Introduction Page
Matter
Providing for Joint Session to hear the Gov ernor’s State of the State message ......
Senate Vote Page
Final Dispoai tion Page
9
9
17
2
Crapo and Williams
Adopted
Providing for Joint Session to hear the Gov ernor’s Budget message 22
22
29
3
Crapo and Williams
Adopted
Providing for insurance for legislators and employees
31
31
34
4
Transportation and Defense Committee
Adopted
Authorizing the Legislative Council to conduct a study of Automotive Liability In surance
231
263
277
5
Hyde, Kennevik and Hammond
Adopted
Providing for a joint session to commemor ate the birth of Abraham Lincoln
76
84
95
7
Local Government Committee
Adopted
Directing the Legislative Council to study feasibility of local units of government to share future and existing facilities and functions 240
271
291
8
Ways and Means Committee
Adopted
Congratulating Miss Miss Rodeo America
9
Ways and Means Committee
10
Ways and Means Committee
12
.................
Lana
Brackenbury, 147
155
163
Commending the accomplishments of Miss Norlyn Olson, Miss Idaho for 1970
141
149
160
Adopted
Commending the accomplishments of Miss Lynn Eckert, Junior Miss of Idaho for 1970
169
183
204
State Affairs Committee
Adopted
Directing the Legislative Council to study the feasibility of extending the Workmen’s Compensation to include rehabilitation
192
262
277
13
Ways and Means Committee
Adopted
Authorizing the Lt. Governor and an advisory committee appointed by Lt. Governor to make a study and recommendations on selection of indemnity lieu lands
176
194
215
14
Ways and Means Committee
Providing for the printing of the Session Laws
176
194
204
17
Ways and Means Committee
Adopted
Directing the Legislative Council to make a study of the Uniform Probate Code
215
271
291
18
Ways and Means Committee
Adopted
Providing for a Joint Session to hear a special budget message from the Governor
183
183
204
19
Ways and Lost in Senate Means Committee
Authorizing the purchase of certain speci fled equipment for M.T.S.T. Center
258
297
297
20
Ways and Means Committee
Adopted
Establishing an interim committee to review contracts relative to construction of the Grandview-Guffey project
261
277
303
21
Ways and Committee
Lost in Senate
Directing Legislative Council to assist members of legislature to conduct hearings on proposed changes in revised Constitution
240
263
263
23
State Affairs Committee
Held in Senate Committee
Directing Legislative Council to study elec tion laws and selection of state and nation al convention delegates
240
263
277
24
Appropriations Committee
Adopted
Directing the Lt. Governor to pay $6,500 of certain special obligations
240
263
277
26
Ways and Means Committee
Adopted
Authorizing Speaker of the House and President of the Senate to complete neces sary work after sine die
240
264
291
Adopted
.
Adopted
.
.
SENATE INDEX aoise 3oncnrrent Reaolutloti No.
Introduced By
Final Action
Subject
41â&#x20AC;&#x2122; Intro duction Page
Matter
Senate Vote Page
Final Diapoef. tion Pag
27
Ways and Means Committee
Adopted
Authorizing the Legislative Council to cornplete a study of procedures to further modernize the legislative processes
240
263
277
28
Revenue and Taxation Committee
Adopted
Authorizing the Legislative Council to ap point a committee to study the funding plan of House Bill 249
240
264
277
.,....
29
State Affairs Committee
Adopted
Authorizing the Legislative Council to study feasibility of establishing a Department of Ecology
240
265
277
30
Ways and Means Committee
Adopted
Expressing appreciation to telephone cornpanies
240
264
277
31
Ways and Means Committee
Adopted
Expressing appreciation to Dr. John A. Edwards (member of the House) and Idaho Medical Association for their services
240
264
277
32
Ways and Means Committee
Lost in Senate
Directing the Legislative Council to study the laws and policies relating to game man agement
291
296
296
33
Appropriations Committee
Adopted
Authorizing the Speaker of the House and President of the Senate to allocate $34,275 to the Legislative Council
296
297
305
34
Appropriations Committtee
Adopted
Authorizing the advertising for bids and construction of an addition to the Agricul ture Science Building at the University of Idaho
296
297
305
Providing for adjournment sine die
304
304
305
35
Ways and Means Committee
Adopted
SENATE INDEX
41$
INDEX SECTION I-S OFFICERS AND ATTACHES OF THE SENATE FIRST EXTRAORDINARY SESSION
â&#x20AC;&#x201D;
FORTY FIRST LEGISLATURE
1971 Name
Address
MURPHY, JACK M Lieutenant Governor and President of the Senate
Shoshone
ELLSWORTH, JAMES President Pro-Tempore of the Senate Sworn in December 3, 1970
Leadore
KIDWELL, WAYNE L Majority Floor Leader Sworn in December 3, 1970
Boise
BIVENS, DAVID W Assistant Majority Leader Sworn in December 3, 1970
Payette
YARBROUGH, WALTER H Caucus Chairman Sworn in December 3, 1970
Grandview
EVANS, JOHN V Minority Floor Leader Sworn in December 3, 1970
Malad
MIX, JOHN P
Moscow
Assistant Minority Leader Sworn in December 3, 1970 CRUTCHER, WILLIAM G Caucus Chairman Sworn in December 3, 1970
Orofino
WILSON, ARTHUR Secretary of the Senate Sworn in March 22, 1971
Cambridge
HARPER, PAT Assistant Secretary of the Senate Sworn in March 22, 1971
Boise
BAXTER, DOROTHEA Journal Clerk Sworn in March 22, 1971
Boise
STONE, RUBY Journal Clerk Sworn in March 22, 1971
Boise
ANDERSON, CONNIE Docket Clerk Sworn in March 22, 1971
Boise
KING, MILDRED Secretary to Secretary of the Senate Sworn in March 22, 1971
Boise
SEIBERT, VIRGINIA Assistant to the President Sworn in March 22, 1971
Boise
KEEFER, HAZEL Secretary to the President Sworn in March 22, 1971
Boise
POND, MARIE Assistant to President Pro-Tempore Sworn in March 22, 1971
Boise
PROPHET, TINA Secretary to Minority Leader Sworn in March 22, 1971
Boise
SENATE INDEX
41
BAYS, BERT Secretary to Assistant Majority Leader Sworn in March 22, 1971
Boise
OLLER, ANNAMARIF Secretary to Majority Leader Sworn in March 22, 1971
Boise
WARTNEY, BARBARA Secretary Sworn in March 22, 1971
Boise
SCHMELZER ILENE Secretary Sworn in March 22, 1971
Boise
CHRISTENSEN, REED Sergeant-at-Arms Sworn in March 22, 1971
Driggs
FRANKLIN, MIKE Assistant Sergeant-at-Arms Sworn in March 22, 1971
Cambridge
[OVEJOY, OWEN Doorkeeper Sworn in March 22, 1971
Boise
SMITH, VIRGINIA Hostess Sworn in March 22, 1971
Caidwell
BUNTING, SALLY Hostess Sworn in March 22, 1971
.
Boise
RASSELBRING, RUBY Mailing Clerk Sworn in March 22, 1971
Boise
i&ORGAN, REV. NEWELL Chaplain Sworn in March 22, 1971
Boise
KAUFMAN, RANDY Page Sworn in March 22, 1971
Boise .
SENATE INDEX SECTION Il-S NUMERICAL INDEX OF SENATE BILLS Final
Introduced
Introduction
Senate Vote
Page
Subject Matter
By
Final Action
1001
State Affairs
Died in Senate Committee
Providing for legislative Districts
1002
State Affairs
Died in Senate Committee
Relating to establishment of precincts
1003
State Affairs
Died on Senate Calendar
1004
State Affairs
315
—
Dispo sition Page
316
315
316
Providing for Legislative Districts
317
333
Died on Senate Calendar
Providing for legislative districts
317
Finance
Law without signature
Appropriating $49,068,221 to teachers Retirement and Public School education pro gram
319
1006
Finance
Law
Appropriating $56,000 to Department of Public Assistance
319
1007
Finance
Law, without Signature
Appropriating Health
1008
State Affairs
Lost in Senate
Relating to distribution of Sales Tax Fund
1009
State Affairs
Lost in Senate
Providing for Legislative Districts
322
324
326
1010
State Affairs
Lost in Senate
Providing for Legislative Districts
322
324
325
1011
State Affairs
Lost in Senate
Providing for Legislative Districts
327
330
332
1012
State Affairs
Died on House Calendar
Providing for Legislative Districts
329
329
329
1013
State Affairs
Law
Providing for Congressional Districts
329
338
340
State Affairs
Lost in Senate
Providing for Legislative Districts
329
330
332
1015
State Affairs
Lost in Senate
Providing for Legislative Districts
329
330
332
1016
State Affairs
Died on Senate Calendar
Allowing for seven, per cent discount al lowed licensees on unbroken case lots of liquor
329
—
331
1005
1014
$16,288,740
to
.
Board
.
—
320 321
333
340 339
of
..
.
319
321
340
319
320
320
333
State Affairs
Died on Senate Calendar
Providing for Legislative Districts
331
1018
State Affairs
Died on Senate Calendar
Providing for Legislative Districts
331
1019
State Affairs
Died on House Calendar
Allowing for seven percent discount al lowed licensees on unbroken case lots of liquor
332
336
336
1020
Finance
Law
Relating to nursing home care on behalf of persons eligible for Public Assistance.
332
335
340
338
339
.
—
—
336
1021
State Affairs
Lost in House
Providing for Legislative Districts A.S
332 337
1022
State Affairs
Died on Senate Calendar
Providing for Legislative Districts
332
336
1023
State Affairs
Died on Senate Calendar
Providing for Legislative Districts
332
335
1024
State Affairs
Law, without Signature
Providing for Legistative Districts
337
337
341
316
318
328
SENATE CONCURRENT RESOLUTIONS S.C.R. 101
Bivens & Mix
Adopted
Fixing Salaries of Attaches
421
SENATE INDEX SECTION III S -
INDEX BY SUBJECTS A
MENDMENTS 1021
Bill No.
Page 337
.PPROPRIATIONS: Board of Education—Teachers’ Retirement Public Schools Board of Health Public Assistance Department
$5,068,221 $44,000,000 $16,288,740 56,000 $
.TTACHES: Elected Fixing salaries ERTIFICATE: Election from Secretary of State Attesting Journal
*$ 1001
S. 1005 *5 1006
319 319 319
**S.C.R. 101
311 316
C 310 341
OMMITTEE: Appointed to study the election laws )OUNTIES: Receive 15% of Sales Tax Fund, effective July 1, 1970
313
D )ISTRICT, SECOND CONGRESSIONAL: Adding Elmore County and certain Ada County precincts E iDUCATION: Board, appropriation—Teachers’ Retirement Public Schools
$ 5,068,221
$44,000,000
S. 1008
319
S. 1013
329
*5• 1005
319
F REDERICKSEN, DON Appointed to represent Senate at funeral of Representative Fred Nelson
315
G lOVERNOR: Proclamation read calling First Extraordinary Session Amended Proclamation
$10 317
lUBERNATORIAL APPOINTMENTS: Abrahams, W. Dean Appointed Acting Senator Sworn in March 22, 1971 Manley, Margaret Continue as Acting Senator Sandberg, J. Cecil Appointed Acting Senator Sworn in March 29, 1971
$10 311 312 316 316 H
EALTH: Board of
—
appropriation
L 4EGISLATIVE DISTRICTS: Establishing precincts within; containing same population as nearly as practicable Providing for legislative districts Providing for legislative districts Providing for legislative districts Providing for legislative districts
$16,288,740
S. 1007
$19
1002 1001 1003 1004 1009
315 315 317 317 322
S. S. S. S. 5.
*Bill became law *Adopted
422
SENATE INDEX Providing Providing Providing Providing Providing Providing Providing Providing Providing Providing Providing
for for for for for for for for for for for
legislative legislative legislative legislative legislative legislative legislative legislative legislative legislative legislative
districts districts districts districts districts districts districts districts districts districts districts
S. S. S. S. S. S. S. S. S. S. *5•
1010 1011 1012 1014 1015 1017 1018 1021 1022 1023 1024
LEGISLATORS: Communication from Art Manley stating he was now able to resume his duties as Senator Communication from Margaret Manley resigning as Acting Senator Communication from Neil J. Miller asking the Governor to appoint J. Cecil Sandberg as Acting Senator LIQUOR: Amending Section 23-217, 1.0., as amended by H. 10, raising discount allowed licensees on unbroken case lots to 7% Raising discount allowed licensees on unbroken case lots to 7%
322 327 329 329 329 331 331 332 332 332 337
339 339 315
5. 1019 S. 1016
332 329
M MANLEY, ART: Assume duties as Senator, effective April 9, 1971
312
MANLEY, MARGARET: Resignation
339
MILLER, NEIL J. Request to be excused from serving in Special Session; asking Governor to appoint J. Cecil Sandberg as Acting Senator
315
N NURSING HOME CARE: Repealing Chapter 283, Laws of 1971, relating to appropriation for increased cost of P PRECINCTS: Contain as nearly as practicable same population
S. 1020
332
S. 1002
315
PROCLA!ATION: Read by Secretary of Senate Recorded by Secretary of State Amended
310 310 317
PUBLIC ASSISTANCE: appropriation $56,000, increased cost Department of nursing home care —
S. 1006
319
R RULES: Senate and Joint adopted
311
S SALES TAX FUND: 15% be distributed to the various counties, effective July 1, 1970 SCHOOLS, PUBLIC: Appropriation from Board of Education
—
T TEACHERS’ RETIREMENT: Appropriation from Board of Education
S. 1008 $44,000,000
—
s.
319
1005
319
S 1005
319
$5,068,221 *Bill became lww ttAdopted
SENATE INDEX
42S
SECTION IV S -
NUMERICAL INDEX OF HOUSE BILLS WHICH REACHED THE SENATE 1971
Introduced by
Final Action
Subject Matter
Introduction Page
Senate Vote Page
Final
flispo
sition Page.
2
Ways & Means Committee
Providing procedure for selection of dele gates to Political Conventions; certification of candidates; filling vacancies in slate of candidates prior toprimaries ..,..,...,,,.
320
327
383
6
Ways & Means Committee
Relating to registration of voters for pri mary elections; declaration of party affilia tion, if any
320
326
333
‘1
Appropriations Committee
Appropriating $382,702 to the Public Employees’ Retirement Board ;. .. .
322
323
328
9
Appropriations Committee
Appropriating $472,000 to Public Employees’ Retirement Board for purchase of real property and construction of office building
322
323
326
[0
Onweiler & Haakenson
Providing that the surcharge on liquor be computed on current price per unit of goods
325
327
333
[3
Ways & Means Commfttee
Relating to the distribution of surplus of the Liquor Fund
325
331
233
Appropriations Committee
Appropriating $650,000 to Department of Public Assistance to supplement payments for patients in licensed nursing homes .. . .
333
334
339
[4
SENATE INDEX SECTION V S -
HOUSE CONCURRENT RESOLUTIONS WHICH REACHED THE SENATE Kouse
Concurrent Resolution No.
1 2
Introduced By
Final Action
Ways & Means
Adopted
Ways & Means
Adopted
Introduction
Subject Matter
Page
Senate Vote Page
Final Dispo. sition Page
Providing for a committee to study County and State Assemblies
312
313
313
Providing for the adjournment Sine Die
339
340
340
..
HOUSE JOINT RESOLUTIONS WHICH REACHED THE SENATE Rouse Joint Resolution No.
1
Introduced By
Final Action
Ways & Means
Adopted
Subject Matter
Introduetion Page
Ratifying the 18 year olds to vote
318
Senate Vote Page
318
Final Dispo. sition Page
321
HOUSE JOINT MEMORIALS WHICH REACHED THE SENATE Final
Introduced By
Final Action
Claiborn
Adopted
Reid & know
Subject Matter
Urging Congress to void regulation prohibiting minors to operate farm and com mercial motor vehicles
Intro-
Senate
Dispo.
duction Page
Vote Page
sition
328
332
Page
339