Capitol Reflections

2017 Legislative Session

In this issue “It will be of little avail to the people, that the laws are made by men of Immigration, pg. 1 Dyed Fuel, pg. 1 their own choice, if the laws be so voluminous that they cannot be read, or Stockwater, pg. 2 so incoherent that they cannot be understood: if they be repealed or revised Invasive Species, pg. 2 before they are promulgated, or undergo such incessant changes, that no Salmon Reintroduction, pg.3 man who knows what the law is today, can guess what it will be tomorrow.” New American Economy, pg. 3 Field Burning, pg. 3 James Madison, The Federalist Papers, essay #62 State Water Plan, pg. 3 Dyed Fuel Immigration Bill One Bill Pulled One Bill Advances The House State Affairs Committee voted to introduce a bill that deals with Senate bills 1052 and 1072 were heard but attempted amendment of the bill to enforcement of immigration law. H198 last Tuesday in the Senate Transportation provide additional security and clarity for focuses solely on the prevention of Committee. Farm Bureau members. sanctuary cities and any discouragement S1052, the bill which eliminated IFBF was unable to reach agreement to cooperate with federal immigration the dyed diesel exemption was held in on amendments with Chairman Brackett agencies. Any city or county enacting committee at the request of the sponsor, on four issues: 1) funding, 2) information a policy that would obstruct federal Jerry Deckard, CapitolWest Public Policy sharing, 3) bulk storage tank inspection and immigration law enforcement would be at Group. Sen. (R-Boise) 4) significant first-time penalties. These are risk of losing 50% of its portion of state admitted that S1052 was used as an the basis of the Farm Bureau opposition. sales tax. incentive to support S1072 and said “. . . Farm Bureau by no means advocates or The Idaho Farm Bureau worked with the this wasn’t Jerry’s idea. I put him up to it. supports tax evasion or any other illegal sponsor of the bill to resolve many of our Ag’s not the main problem, it’s other users activity and always advises its members to concerns with the original bill, H76. Due as well.” comply with the law. to the nature of the agricultural workforce, Sen. Bert Brackett (R-Rogerson) S1072 received a “do pass” recom- the Farm Bureau closely monitors policies presented his bill S1072, which establishes mendation on a voice vote. Senator Mark that would jeopardize our already unstable a dyed fuel enforcement (DFE) program in Harris (R-Soda Springs) voted “no” and labor force. We believe that the U.S. Idaho. The provisions of the bill have been recorded his vote. Congress and the federal government are discussed in a prior article. Farm Bureau Idaho Farm Bureau continues to responsible for our nation’s immigration has no issue with much of the bill’s content oppose S1072 as written. The bill is policies and border protection. American supported by the Idaho Grain Producers, Farm Bureau policy supports border benefit our industries and national security. Idaho Dairymen’s Association, Idaho Cattle security and interior enforcement as an Whereas H198 addresses the issue of Association, Food Producers of Idaho, integral part of responsible immigration sanctuary cities, to which Farm Bureau Associated General Contractors, Union reform. We call on Congress for action on does not have a policy, the Idaho Farm Pacific Railroad, Riley and Associates, the issue of immigration reform, which will Bureau will be neutral on the bill. AAA, and the Idaho Trucking Association.

Idaho Farm Bureau’s Governmental Affairs Report Issue 7 500 W. Washington St., Boise, ID 83702 www.idahofb.org (208) 342-2688 February 24, 2017 Page two Stockwater Bills Moving Forward After several years of collaboration also clarifies that a grazing permittee on a did not drop their claims. Now that the and effort to put the Idaho Supreme federally administered grazing allotment Idaho Supreme Court has confirmed Court’s landmark Joyce Livestock decision is not an agent acting on behalf of the that federal agencies are not entitled to into Idaho Code, the bills are finally federal government. S1111 specifies stockwater rights unless they put the moving forward. Senator that any change in use or ownership of water to beneficial use, the ranchers can (R-Blackfoot), Chairman of the Senate a stockwater right that does not comply again file their claims. S1101 would Resources & Conservation Committee with the provisions of the bill will be cap the amount of fees or other costs has scheduled a hearing for both denied. Senator Mark Harris (R-Soda associated with filing stockwater claims at stockwater bills next Wednesday, March Springs) is the sponsor of S1111. a maximum of $100. Much of the work 1 at 1:30 pm. The second bill, S1101, seeks to assist that was completed during the original The first bill, S1111 places the those ranchers who had filed legitimate filing of claims by these ranchers can important elements of the Idaho Supreme stockwater claims during the Snake River now be used to ensure they finally receive Court decision into Idaho Code. It Basin Adjudication but were bullied their legitimate stockwater rights. S1101 states that no federal agency can receive into withdrawing their claims by the is sponsored by Senator Bert Brackett a stockwater right unless the agency owns BLM. The BLM filed competing claims (R-Rogerson). livestock and puts the water to beneficial and told the ranchers that they would IFBF policy #53 supports codifying use. It clarifies that a stockwater right is a fight them in court and it would cost the Joyce Livestock decision, and IFBF water right used to water livestock, and it the ranchers a bundle of money if they supports both S1111 and S1101. Invasive Species Presentation The Idaho Council on Industry protect waterbodies in the Northwest vessel is quarantined by law until it is and the Environment held its annual states. Matt Morrison of the Pacific decontaminated. Gold Room Workshop on Wednesday Northwest Economic Region outlined So far, this legislative session has afternoon. This year’s workshop was some of the potential economic impacts seen two bills and one emergency titled: “Invasive Species: Knocking on that the region would experience if appropriation come forward to address Idaho’s Door,” with members of the quagga mussels were ever introduced different aspects of the quagga mussel Invasive Species Legislative Working into the Columbia River system. In problem. The appropriation was for Group, Idaho State Department of Idaho alone, it is estimated to cost over $710,000 to help boost inspection Agriculture, and the Pacific Northwest $90 million annually to deal with the stations hours, open new locations and Economic Region discussing the threat of problems of these invasive species. The increase the number of employees before aquatic invasive species to the state. mussels would be particularly devastating the end of the fiscal year. Descriptions of During the presentation, members to the state’s water infrastructure facilities the two bills follow: of the Invasive Species Working Group (hydro-electric plants, irrigation systems, S1068 – This bill amends the Idaho gave an overview of their findings and municipal water systems, etc.), besides Invasive Species Act by the addition of an recommendations to the state. Some of other devastating environmental impacts Office of Invasive Species Policy within those findings include: establishing an to wildlife and wildlife habitat. the Office of Species Conservation. infraction violation and fine for those Lloyd Knight gave an overview of This legislation sets up the duties and people with watercraft who bypass the aquatic invasive species program and reporting requirements of the policy inspection stations; expanding times shared with the committee information administrator of that office and lays out of operations for important check gathered by ISDA regarding the locations the coordination efforts between State stations; making the invasive species of where boats are coming from before agencies. stickers available for sale at all watercraft they enter into Idaho. Over the past Invasive Species Nonresident Sticker inspection stations; continuing training several years since the program was Fee (the bill number is forthcoming) - for port-of-entry inspectors; and started, watercraft from all 50 states this bill will raise the registration fee for increasing the out-of-state motorized have entered into Idaho’s borders. Those out-of-state boaters from $22 to $30, it boat registration tag. boats that are coming from high-risk is expected to bring in another $100,000 With detection of quagga mussels in waterbodies are offered a voluntary hot- to $150,000 a year to help fund the state’s Montana waterbodies as of late 2016, rinse decontamination service for their border checkpoints. greater concern is now being given to watercraft. If live mussels are found, the Page three Salmon Reintroduction Prevention Bills Introduced

Idaho Farm Bureau Federation Idaho law, policy and sovereignty. H169 says the Policy #93 Introduction of Salmon: Governor Otter has advised the Governor must first approve any action taken by “We oppose the introduction of salmon of Oregon of Idaho’s opposition to any federal agency, state, state agency or above Brownlee Dam.“ Oregon’s Reintroduction effort, but the any entity to introduce or reintroduce As our policy clearly states, the state of Oregon has continued to insist on any species in the state of Idaho. H170 Idaho Farm Bureau Federation (IFBF) its passage and Reintroduction measure. clarifies Idaho law to make it even clearer opposes introduction of salmon above If Reintroduction were successful, that consultation with the state of Idaho the Brownlee Dam and the Hells the hundreds of millions of dollars in must be conducted and that introduction Canyon Hydroelectric Project (HCC or mitigation costs would be passed to or reintroduction of any aquatic or Complex). IPC ratepayers and Idaho water users - terrestrial species requires approval of the Idaho Power Company’s (IPC) HCC irrigators, municipalities, individuals, state of Idaho and that the policy is not is undergoing Federal Energy Regulatory and businesses. limited to listed species. H171 amends Commission relicensing. The state of HJM002 and House Bill 169, 170 Idaho law to make it consistent with the Oregon is attempting to require IPC and 171 were recently introduced in Idaho policy and law that fishways are to implement fish passage on those response to Oregon’s Reintroduction not to be required at the HCC. dams and introduction/reintroduction effort. HJM002 is a statement to The bills are currently on the House (Reintroduction) of anadromous fish Congress and the Idaho delegation from 3rd Reading Calendar. Idaho Farm above the HCC. the Idaho House and Senate stating Bureau supports HJM002, H169, This would result in salmon in Idaho the Idaho legislature’s opposition to H170 and H171. waters above Brownlee Dam; violating Reintroduction. Field Burning New American Economy Press Event The Idaho Farm Bureau, inIdaho, there are many farms that struggle Bill Moves On conjunction with the New American to have enough labor to maintain their The House Environment, Energy Economy, hosted a press event on Tuesday current operations, let alone expand or & Technology Committee voted to morning, highlighting the contribution grow them. Increasingly, labor not capital send S1009 to the floor with a do pass of immigrants to our state and nation. is the largest limiting factor in agriculture recommendation on Monday. Many Other participants were representatives of operations and management. Instability farmers came to express their support of the Idaho dairy industry and faith-based in the agriculture workforce is just one the bill that would adjust burn approval community. The event marked the launch of the negative symptoms of the broken criteria for agriculture field burning in of a new study on America’s foreign- immigration system. the state. Without these adjustments, the born population call “Map the Impact.” A total of 93 similar press events took number of burn days would be greatly The purpose of the event was to call on place across the country on the same day. limited throughout the burning season. Congress to fix the nation’s immigration To see the impact that immigrants make Idaho Farm Bureau Policy #70 states, system and not ignore the problem. to our state and communities, visit the “We oppose air quality standards that are The agriculture sector relies heavily on “Map the Impact” website at http://www. more strict than the current standards immigrants to meet their labor needs. In newamericaneconomy.org/locations/ under the CRB program.” IFBF supports S1009 H140 – State Water Plan On Thursday afternoon, the House Resource Committee unanimously voted to send H140 to the floor with a do-pass recommendation. The bill would amend Idaho Code 42-1734B, to clarify that the Idaho Water Resources Board shall provide notice to each member of the legislature of any changes made to the State Water Plan. We believe that this amendment will only further the transparency of Idaho’s management of its water resources, and ensure that all members of the legislature are aware of any proposed change and modification to this important plan. Idaho Farm Bureau policy #37 supports legislative approval for any change to the state water plan. IFBF supports H140 Page four

How to Contact Legislators Website ...... www.legislature.idaho.gov Legislative Information Center...... 208-332-1000 Toll Free & TDD...... 800-626-0471 Fax...... 208-334-5397 E-mail...... [email protected] Regular Mail...... P.O. Box 83720, Boise, ID ...... 83720-0038 (House) ...... 93720-0081 (Senate) Street Address...... State Capitol, 700 W. Jefferson, Boise, ID 83720