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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

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 —

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 —

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) —


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. —

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 —

January 11]

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 —

1

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 —


January 11]

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.” —

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 —

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, —

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

January 11)

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—


[January 11

SENATE JOURNAL

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. —

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. —

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

SENATE JOURNAL

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


SENATE JOURNAL

[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.


SENATE JOURNAL

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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.

[January it

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.

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.


tjanuary 15

2

SENATE JOURNAL

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. —

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. —

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. —

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 —


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.

35

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. —


[January 27

SENATE JOURNAL

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

SENATE JOURNAL

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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SENATE JOURNAL

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.

.

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

SENATE JOURNAL

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

45

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. —

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.

47

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. —

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.


[January29

SENATE JOURNAL

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

4

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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SENATE JOURNAL

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. —

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.

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. .

.

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

SENATE JOURNAL

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?” —

Roll call resulted as follows: AYES

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?” —

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. —

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.


58

SENATE JOURNAL

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 —

61

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

6

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. —

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—

67

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. —


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.

69

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: —

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?” —

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 —

—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. —

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

February 11]

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


[February 11

SENATE JOURNAL

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 —


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.

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:


SENATE JOURNAL

[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. —

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. .

February 12)

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,


[February 12

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SENATE JOURNAL

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?” —

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?” —

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, —


February 12]

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?” —

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: —

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: —

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

9

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 —


[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. —

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. —


[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. —

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. —


[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.


f February 18

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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SENATE JOURNAL

;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

SENATE JOURNAL

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?” —

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?” —

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?” —

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. —

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 —

10,

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. —

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

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.

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. —


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.

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

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?” .

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. —

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—

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. —


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 ?“ —

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. —

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. —

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. —

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. —

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. —

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. —

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 —


24

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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?”

12

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

SENATE JOURNAL

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 —

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?” —

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?” —

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?” —

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, —


[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

12

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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132

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. —

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. —

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. —

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. —


134

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. —

=

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. —


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.


t36

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

137

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,


tFebruary 26

SENATE JOURNAL

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

181

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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L40

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?” —

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. —

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;”.


14:

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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. —

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. —

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?” —

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?” —

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?” -

—.

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?” —

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. —

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. —

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. —

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. .

.

147

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


March 2

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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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149

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?” —

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?” —

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?” —

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. —

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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SENATE JOURNAL

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.


[March $

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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: —

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. —

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. —

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

15

SENATE JOURNAL

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”.

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.


SENATE JOURNAL

[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.

15c

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 annou