Legislative Update - Rep. Trail

[RepTrail@infotrail.com]

Summer Legislative Newsletter II  September 24, 1998


Legislators serve on various interim committees during the off session.  I
thought you'd like to see a brief review of their activities.  During the
Legislative session key legislative issues held to be of importance to the
citizens of the state are often referred to Interim Committees.  These
committees study the basic issues with citizen input, often hold a series of
public hearing, and then draft legislation for the following Legislative
Session.

Revenue Sharing Committee -- The Revenue Sharing Interim Committee is
investigating spending from the water pollution control account, the
rationale for granting exemptions from sales tax, and models for regional
sharing of sales tax revenues on joint projects.

The Committee discussed the major issues of the sharing of sales tax
revenues and questioned how "equitable" such sharing is, especially for
areas experiencing rapid growth; the outdated business inventory
replacement tax distribution; the difficulty of providing basic services in
areas of low growth; general knowledge regarding the amount of money
actually returned to local units of government; and the need to review major
revenue sharing formulae and sales tax exemptions.  The last meeting of the
committee was September 15th at the State Capitol Building.

Electric Utility Restructuring -- The Committee heard about the proposed
electric utility restructuring legislation of the Clinton Administration and
its chances of enactment.  Discussion involved the relicensing of Idaho
Power Company dams and water quality criteria.

Brett DeLange, Office of the Attorney General, presented information about
the possible need to rewrite the state's antitrust statutes, although
nothing definitive has been decided by that office.  The Public Utilities
Commission presented testimony relating to unbundling and stranded costs,
and the committee also heard what was occurring in Montana and California,
two states that have passed electric utility restructuring legislation.

Alcohol Laws Committee--The Committee heard reports concerning manufacture,
distribution, control and taxation of alcoholic beverages.  Additionally,
from corrections and treatment perspectives, the committee heard about some
of the impacts and societal consequences of alcohol abuse.

The issue of definitions was addressed with a recommendation that it would
be desirable to use more straightforward definitions of beer, wine and
alcohol.  Because of continuing changes in industry practices, new products
have been artificially imposed on the existing definitions.  Future
discussion will look
at taking rates.

Private Property Rights--During the past legislative session several
"takings" bills either did not get out committee or were defeated by the
Legislature.  At the last meeting of the Committee Mr. Mason, Attorney at
Law, provided the committee with a comprehensive review of the Local Land
Use Planning Act.  He
advised the committee of the planning and zoning process as it operates in
cities and counties and the kinds of land use issues frequently  addressed
by planning units.

Mr. Gilmore, Deputy Attorney General, provided the committee with an
historical overview of private property rights from the federal and state
perspectives and reviewed the Idaho Regulatory Takings Act Guidelines of the
Office of the Attorney General.  Mr. Gilmore also discussed limitations on
judicial
review as they are applied in the federal courts and in the Idaho courts.

This is a brief report of the focus of these committees.  The committees
will continue to meet this fall.  Legislation based on the research and
discussion may be drafted.

Rep. Tom Trail/Dist. 5

e mail ttrail@moscow.com