Idaho Chooses Life

The House State Affairs Committee approved SB1353 this morning on a party-line vote, 13-5.

After two days of testimony, the committee voted for Rep. Crane’s motion to send the bill to the floor with a “do-pass” recommendation. Democrats Higgins and King made substitute motions to kill and/or amend the legislation. Those motions failed both failed 4-14.

The legislation will now go to the House floor for final legislative action.

more to follow …

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Idaho Chooses Life

Despite the serious threat posed to every Idaho family by ObamaCare, three Idaho Senate liberals joined with their Democrat compatriots in opposing the Idaho Health Freedom Act this afternoon.

The legislation is part of a strategic defense of Idaho against the threatened federal take-over of health care called for by Gov. Butch Otter. It authorizes the state to resist federal legislation, and prohibits the enforcement of mandatory provisions by any state or local official.

Senators John Andreason, Joe Stegner and Chuck Coiner are the only Republicans in the Legislature to oppose this crucial bill.

These gentlemen also joined Democrats in undermining the religious liberties of Idaho health care professionals when they voted against SB1353 – the Freedom of Conscience for Health Care Professionals Act this session.

With candidate filing now open to the voters of Districts 7, 15 and 24 – one can only pray that righteous men and women will answer the call to public service at this difficult time in our nation’s history.

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By Representative Tom Loertscher, R-Bone

We are still on target to have adjournment before the first of April, that is if someone does not move the target. In a way targets get moved around here quite frequently and one of them got moved some this week as rumors about the February revenue numbers spread all over the state. How far down they may be will not be official for a few days.

The heavy workload of bills has arrived in the House with action on the floor taking more time every day. One issue known as the Any Willing Provider bill took all of the floor time one day. After reading the bill (yes, I do read bills) I had concerns about the effect it would have on small businesses and potential cost increases for health care. I voted no on this one and the majority in the House did the same and the bill failed.

In the State Affairs committee we have kept pace with the workload and have just a few House Bills left to consider. Then we will move on to the items that have come from the Senate. If all goes well and the targets don’t get moved on us we should finish in short order. You would think that everything would be in the hopper by now, but legislators just don’t seem to ever run out of ideas. The stream of new stuff has tapered off dramatically.

This was my nine hundred mile weekend having attended Lincoln Day activities all over the district. Turnouts were great and it was good to get back to the part of the world that really matters.

With all of those miles of Idaho to look at, I was paying particular attention to the snow pack or the lack thereof. Western Idaho is bare. Even though that may not be too unusual it is not typical for eastern Idaho to have snow receding as fast as it has been over the last few days (at least for this time of year). Someone told me about the water meeting at the end of the week and that puts a different light on things.

It is now projected that the reservoirs will fill but natural flows and runoff are predicted to be at historic lows. There are a couple of areas that I have observed in my travels this week where there is still good snow pack. Camas County is one of those but unfortunately that won’t do the Bear River any good, and it won’t help in the Snake River Basin either.

Is there some good news out there? One of my older friends told me the other day that he considers every day above the grass to be a good day. While that may be true there is more good news than that. Even though my time at home was quite short this weekend, I did get a chance to go through the cattle and see the calves that a have been born. Some may not think that is much in the way of good news, but I still get a feeling of awe to see those little critters up and taking nourishment from their mothers. To me it is one of life’s miracles. And good news to boot.

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By Representative Tom Loertscher, R-31

I can’t remember a time when we have had a chance to look at a preliminary budget blueprint that has had so many red numbers (budget decreases) on it. As it came to us at week’s end, it took the breath from some of us who have been busy with other committee assignments. It came as no big surprise, but to see it on paper jarred the senses a little. These first numbers include an anticipated decrease in the number of funded state positions by 400. That does not mean there will necessarily be 400 less employees, just 400 less positions available.

Sometimes legislation is introduced around this place to fire a shot across the bow of an agency, to get their attention and/or get their help on a problem. Rep. Gibbs and Senate Pro Tem Geddes came before State Affairs with our little bill to solve the septic tank issue that has caused problems in Franklin County. Little did we know that this has been a big problem elsewhere in Idaho and the committee’s response was quick to have it introduced. Rep. Anderson who sits next to me expressed pretty much what we have heard from others, “I like this bill!” It may have been a warning shot, but it has garnered not only the attention of the Department of Environmental Quality, but the support of a large number of legislators and others.

It must be the year of firsts, and another event took place that has not happened before. Governor Otter requested to come to the House Republican Caucus to discuss what happened with the public employee retirement increase. After the meeting the Associated Press did its best to try and get some comments from me about what had happened and what the Governor had said. I don’t think it appropriate to quote the governor, nor do I think it is my job to question his motives. Do I think less of the Senate for what happened? No, this is just what seems to be normal around here. And as Forest Gump said, “That’s all I have to say about that”

Another first this year has to do with the Speaker of the House Lawrence Denny. It has been traditional in the House to have some entertaining production on the Speaker’s birthday which was on Friday. Before we convened I asked him if there was another “skit” planned for the celebration this year. He has told me other years that he dreads what is about to happen, but I think he has been a good sport about the fun and games. Expecting something to happen as we were about to adjourn, the annual production conspicuously didn’t happen. I couldn’t tell if he was relieved or disappointed. It reminded me of the story I heard of the family that lived along the railroad tracks and were never awakened by the 3:00 AM train. Then one night it didn’t run and they all woke up and said, “What was that that?” It was sort of the same reaction.

And also for the first time, there seems to be a plan to get this wrapped up before April arrives. Now that is really a first. And if the wheels stay on this wagon it is doable. Just one little hiccup along the way could alter this. For the first time ever the Senate co-chair of JFAC is going to share the intent language for the education budget before it is set. It is a year for firsts indeed.

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Idaho Chooses Life

By a vote of 21-13, the Idaho State Senate gave its approval to SB1353 this morning following lengthy debate.

In contrast to the committee hearing, much of the debate this morning was focused on the consequences of acknowledging the conscience rights of providers in end-of-life situations.

Sen. Les Bock (D-Boise) made one of the more emotional arguments against the bill by describing the decision-making of his family when faced with the challenge of creating a “peaceful resolution” for their mother’s life. He lamented the notion that a doctor or nurse might impose their moral or ethical concerns into a family’s plans for administering legal procedures designed to hasten death. Bock contended that acknowledging the conscience rights of medical professionals would only complicate already-difficult situations for families.

But, of course, what Bock failed to acknowledge is that families in such difficult circumstances do not have the right to forcibly implicate another – even their doctor — in immoral actions. Moreover, his argument failed to recognize that SB1353 only protects the right of a nurse or pharmacist or doctor to withdraw from treatments they find morally challenging.

Sen. Russ Fulcher responded by noting that it was the medical community itself which offered the language referring to “end of life treatment and care”, and that this broader definition would afford medical professionals an opportunity to exercise their moral and scientific judgment when faced with difficult situations.

Sen. Chuck Winder skillfully led the debate on behalf of the legislation, arguing that it struck a practical balance between the rights of medical providers, employers and patients.

Sen. Shirley McKague joined in defense of the legislation by reminding senators of the constitutional principles at stake in safe-guarding liberty. She offered a quote from Thomas Jefferson which featured conscience rights as our most precious liberty.

Republicans John Andreason, Joyce Broadsword, Chuck Coiner, Tim Corder, Shawn Keough, Joe Stegner and Gary Schroeder joined Senate Democrats in opposing the legislation.

SB1353 now goes to the House for a committee hearing.

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By Andi Elliott

To: Idaho State Bar
Idaho Sheriff’s Association
Office of the Governor
Office of the Attorney General

Re: Jefferson County Prosecutor Robin Dunn
Jefferson County Sheriff Blair Olsen

Dear Sir:

As the defendant in a criminal trespass case that has been scheduled since November, I am writing to express my concerns with the actions of the above county officials. It was my intent to wait until after the trial today but now, late yesterday afternoon, (after a witness from Boise and supporters from out of state have traveled to Idaho Falls) I have been told that it is rescheduled until May 4th. This last minute request for delay is inexcusable and especially in light of the fact that just last week in court, Mr. Dunn told the judge that the trial would take an hour. Also, I assume, that a timeframe of 6 months is still considered under the Constitution to be a “speedy” trial.

I have been charged with criminal trespass and you would think from the actions of the prosecutor and the time and resources devoted to this case that it is a capital murder offense. A Jefferson County Deputy (we have his written statement) asked me to go offer assistance to the owner of a dog who had been hit by a car and had multiple broken legs and had been left in the owner’s yard in the snow trying to nurse 7 or 8 puppies for, at that point in time, 3 days. Because of the failure of Sheriff Olsen to enforce Ch 25-3511 of the Idaho Codes, the dog was allowed to suffer “needlessly” for 5 days before help from outside of the county arrived and took the dog to the vet.

As the president of The Humane Society of the Upper Valley for 6 or 7 years, I have worked with the JCSD on many animal cruelty issues since 2002 and have even been written into a Jefferson County court order when the cruelty situation warranted it. (Ben Juenke Animal Cruelty probation violation.) HSUV continues to receive referrals from the JCSD for assistance with animal welfare issues as the county officials have stated that animals are not priority and therefore there no monies have been budgeted to deal with these issues. HSUV has picked up the bill for years and even at one point, with an especially horrendous case, I personally paid $2000 of a $2400 bill, so that Sheriff Olsen wouldn’t be stuck with such a huge expense.

In this current case in Mud Lake, ID, I was instructed by a JC Deputy to go to the home of the owner and offer assistance to the owner which I did on NOV 22. (The deputy’s statement corroborates this.) Upon arrival and seeing the condition of the dog from a neighbor’s yard (I had the neighbor’s permission to park in her drive). I immediately called for a deputy. The dog obviously needed medical care. It appeared that the dog had two broken legs that later was confirmed by veterinary x-rays. I offered to pay the vet bill and asked that the state vet be called out for an opinion; both of these options were rejected by the Sheriff. And so, the dog was left in the snow without care.

I returned home and sent pictures to the media and the Humane Society of the United States who immediately stepped in to try and help this dog. On the 5th day, someone who had seen the story on the media, drove from Boise and with the permission of the owner, took Barbie and her puppies to his vet in Ada County. He was later charged with felony grand theft by Olsen and Dunn. Please note, that to this day, the owner, Raul Torres, has not been charged with animal cruelty.

On the 23rd of Nov, I was cited for criminal trespass. Since then Prosecutor Dunn has amended the charges twice and even yesterday, the eve of the trial. Evidently, he couldn’t prove the trespass charge so my charges and dates continue to be “expanded”. Mr. Dunn has been reluctant to be forthcoming with my attorney and the judge to say exactly what I am being charged with…multiple days, sending out agents, etc. He appears to be grasping at straws here.

Also, I find it amusing that Mr. Dunn has delivered to my attorney a stack of my editorials and transcripts of radio interviews I have written and discussed on air dealing with animal and political issues over the years…something I have done my entire life. I am under the impression that my First Amendments rights are still in affect, even though I now live in Jefferson County. Nor did I realize that Mr. Dunn is my most ardent “reader”.

Additionally, Mr. Dunn has gone out of his way to describe me as an “animal rights activists” though a year and a half ago, I explicitly explained to Sheriff Olsen and a half a dozen others in a meeting in Dunn’s office that included a representative of Humane Society of the United States that I am NOT an animal rights’ activist. I am however an animal welfare advocate which is especially needed in Jefferson County as county officials refuse to do their duty as required by law. It now appears that someone who “advocates” enforcement of Idaho law regarding animal welfare is a criminal only in Jefferson County.

On the 29th of January, Mr. Dunn called Tracie Hotchner, host of Dog Talk Radio that has a listening audience in some 15-20 states. Ms. Hotchner has provided notes of her conversation with Dunn and a follow up podcast. During this interview, he called me a “hillbilly” from “Tennessee” (I am originally from Virginia). He admitted that he did not like me and is biased against me. Mrs. Hotchner would be glad to provide a copy of her notes.

Sheriff Olsen has failed to enforce Idaho law that has been explained to him in depth by the The Humane Society of the United State Director of Animal Cruelty, Adam Parascandola, in Washinton, DC. And this is not the first time…in a case about a year and a half ago, half-starved horses, (which I am told belonged to a friend of Olsen’s) were allowed to needlessly suffer. When the state vet saw pictures of these horses, he immediately went to the property and placed the horses under the care of a local vet. No animal cruelty charges were filed against the owner but I was charged with trespass because I drove down a dirt lane with a dead end sign. Pictures indicate a “no trespassing/keep out” sign on a fence post that to a reasonable person would be applicable to the pasture. So, for the first time in my entire life, I have a criminal record…only in Jefferson County would this happen.

It is important to note that several years ago, Sheriff Olsen called me at home and told me four things: he called me a newcomer (I had only lived in Jefferson County since 2001); he told me I was un-welcomed in Jefferson County; he told me that I was to butt out of the animal welfare business; and I was told that I didn’t understand how things were done here in Idaho. I maintain that the concept of humanness is universal to modern society. (Please note that I have lived all over the US and been involved in cruelty cases since I was 15 and have never had a sheriff call my home to try and intimidate me. I told many people about this incident at the time it occurred as a form of “documentation”. My former attorney also knows of this incident.)

Additionally, Sheriff Olsen has made a habit of threatening the media… three occasions now as they have covered stories of animal abuse in the county. (Ch 3 KIDK can verify this information.) My copy of the Constitution guarantees freedom of the press. Also, Olsen has written an op-ed piece that appeared in the Post Register while this case is ongoing. Is this acceptable behavior from a sheriff?

As a resident of Jefferson County, I am more than weary for having folks telling me that I need to be careful as it is not good to have a sheriff angry with you. I am well aware that I have a target on my back. I am also aware that ID codes are being enforced arbitrarily by this Sheriff and Prosecutor. Judges and attorneys outside of the county have advised that this is not legal BUT that they were not surprised to hear that this occurred in Jefferson County. A handful of residents have contacted me with their own stories of abuse of power. I am sure that some of these scenarios have reached your office before now.

As I have worked with deputies in surrounding countries on animal welfare issues, I am told that not only is the JDSD uncooperative with concerns of animals but in other areas of law enforcement demanding cooperation between counties. This is something that definitely bears looking into by supervising authorities.

A conclusion can be drawn that here in Jefferson County, we have a sheriff and prosecutor who are out of control and abuse their power. This trespass case is receiving the attention (even at the national level) that one would think would be more deserving of a capital murder case. (31 people subpoenaed) And from reading an article in the newspaper, Jefferson County is the only county in Idaho who refuses to participate in a form of an “insurance pool” to help offset costs should indeed our county have a significant case. This in itself shows unwise leadership and with this current leadership, Jefferson County officials should look into purchasing an “umbrella” policy. Do our Jefferson County officials know better than every other county in this state? I think not.

As a resident and taxpayer of the county, I expect a full accounting of the time and resources that have been devoted to this case to be made available for public scrutiny upon completion of this mockery of our justice system. AND still, no charges have been filed against the owner of the poor animal that suffered immensely.

If this letter does not suffice, please advise me of the formal process for filing a complaint against Sheriff Olsen and Prosecutor Robin Dunn.

Thank you.

Andi Elliott
Jefferson County, ID 83425

BTW, The Humane Society of the United States has twice now in the last year and a half offered to provide free training for the JCSD and each time, the offer has been rejected. An offer of free training in enforcing Idaho Codes is rejected??? What could possibly be a reasonable explanation for this?

Andi Elliott
Patriotic Resistance Idaho State Coordinator
Tea Party Patriots Idaho State Coordinator
Idaho District 2 Coordinator Anystreet.Org
Member of the American Grand Jury

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Idaho Chooses Life

The Senate State Affairs committee voted 6-3 to send SB1353 to the Senate floor with a recommendation that it be approved by the full Senate.

The legislation will create statutory protections for health care professionals in specific areas of medical practice – including the dispensing of abortifacients and in end-of-life situations.

Opposition to the bill came largely from the Abortion Lobby because of their fears that it will create impediments to easy distribution of so-called “Emergency Contraception”. Much of the morning debate was taken up with a debate of how the drug works.

Oddly enough, the debate was settled by the closing testimony of retired abortionist Duane St. Clair, who acknowledged that “Emergency Contraception” can sometimes cause the destruction of an embryo by making the uterine wall inhospitable to the new human life.

Important supporting testimony was provided by Idaho Right to Life and the Catholic Diocese of Boise.

Dr. Will Rainford, representing Bishop Driscoll, emphasized the spiritual gravity of forcing Christian medical personnel to participate in medical procedures they know to be wrong.

Sen. Chuck Winder (R-Eagle) is the lead Senate sponsor of the measure.

The measure was passed with six Republican votes: Chairman Curt McKenzie, Pro Tem Geddes, Sens. Bart Davis, Russ Fulcher, Monty Pearce and Denton Darrington supported the measure. Sen. Joe Stegner (R-Lewiston) joined Democrats Kelly and Stennett in opposing the bill.

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By Representative Tom Loertscher, R-Bone

George Bernard Shaw said that youth is wasted on the young, but as I looked over the large group of 4-H youth at the annual Know Your Government breakfast I’m not sure his thesis is valid. These kids, especially those from our area, are sharp, eager to learn and determined to achieve. Mr. Shaw must not have known many young people like these.

I receive a little magazine from John Deere called The Furrow. There are some really interesting articles and each issue contains what they call Fun & Philosophy. One little item this issue is from Winston Churchill, “One ought never to turn one’s back on a threatened danger and try to run away from it. It you do that, you will double the danger. But if you meet it promptly and without flinching, you will reduce the danger by half.”

Our first big debate of the session took place this week over whether or not to allow the Cost of Living Allowance granted by the board governing the state retirement fund to take affect. These are tough times and I don’t know many folks that couldn’t use a little more money. The debate, after clearing all of the emotional issues aside, centers around one simple fact. The gap between what is earned and contributed and what is being paid in benefits is widening. This is known as the unfunded liability. Even though there is a healthy balance on hand, we are headed for a wreck if each year more is paid out than is coming in. As unpleasant as it may be, meeting the danger of putting the fund in jeopardy promptly will ultimately reduce the danger and insure the soundness of the fund.

The pace has also picked up in most committees, with longer meetings and more legislation being deliberated. Two proposed constitutional amendments have cleared State Affairs and will be debated by the full House early this next week. There is one yet to come for the cities that have power generating facilities so that they can enter into long term power purchasing agreements.

Also in The Furrow this time is an article about precision farming. Imagine that, precision in farming. Coupled with the article is an ad with a picture of the cab of a brand new tractor with two electronic monitors, one to watch multiple tractor functions and the other to run the GPS guidance system. It’s not as crazy as it sounds because putting seed, chemicals and fertilizers at precise spacing actually saves, big time. I couldn’t help but think of our budgets this year and how they are going to need more precision than ever before, watching every penny. And as odd as it may seem, that precision is going to have to take place in the field more than around these halls. We’ll just provide the incentives and the flexibility.

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Idaho Chooses Life

The State Affairs Committee voted Wednesday to approve HB391, the Health Freedom Act on a vote of 6-3.

Sen. Joe Stegner (R-Lewiston) was the only Republican on the panel to vote against the measure which seeks to lay a defense for Idahoans, based upon the 9th and 10th Amendments to the U.S. Constitution, against a likely federal take-over of the health care industry.

While some in media have predicted that ObamaCare is dead, it is clear that Speaker Pelosi is hard at work trying to convince members of her caucus – as well as Senate Democrat Leader Harry Reid – that her party should take the plunge and abuse the budget reconciliation process to secure nationalized health care.

Idaho Democrats in the Legislature continue to defend ObamaCare, with Senate Democrat Leader Kate Kelly opposing the Idaho Health Freedom Act, sponsored by Reps. Clark, Luker and Labrador.

The Health Freedom Act now awaits action by the full Senate.

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By Rep. Tom Loertscher, R-Bone

One of the unusual things about this session of the legislature is that we have now come through five full weeks and JFAC, at the end of the week, has finally set a target number for the budget. On normal years this happens in the first or second week at the latest. It was thought prudent to wait until the January revenues were in. It is down even more and the adjustment to the current fiscal year’s budget will be bigger as well.

The Director of the Department of Health and Welfare came before the House committee explaining how the shortfall and reductions have affected them. One bright spot in all of this is that the providers are assisting in finding ways to cut expenses.

The discussion about the Katie Beckett program (help for severely disabled kids) continues to be a focus of discussions with Health and Welfare. After the rules failed in the committee for proposed premium payments, I asked the Department to collect some data to see what could be saved under their proposal. I met with two of the head people in Medicaid and they have put together some data that at least gives the members of the committee information on which to make an informed decision. I don’t agree with the method they used to come up with payments, which is based on a percentage of gross income. The Federal Government doesn’t even tax on gross income.

I keep my ears open while at home each weekend and it is interesting to hear the comments about our situation. One idea that came up was to look into how anesthesiologists are reimbursed for their services under Medicaid for dental services. It seems that they are paid much more for dental services than for any other procedure, even in the O.R. That is a bit strange and I will be looking into that. It makes me wonder just how many other areas like this we can find if we just try.

It is a whole new game this year and it provides us with the opportunity to reevaluate everything we do in State Government. While speaking with the folks from Medicaid, I couldn’t help myself but to remind them about how we got to this spot. When times are good and we have a lot of your money, it has been easy to become lax in how we determine eligibility. A few years ago we had an “any door policy”, which was used to sign people up for every service they qualify for, even though they may have only needed one specific thing. In those days an application for Food Stamps would get you a Medicaid card even though you might not have needed it. And then we wonder why Medicaid has grown so much over the years.

Another question that came up this weekend was, “What is the mood in Boise these days?” My response was that there a lot of long faces around this place, some from legislators and more in the agencies. It seems to be more fun for some around here to spend a lot of other people’s money than it is to say “no.” As for me, I think of the people’s money with great respect. We should have been much more careful all along. Heaven only knows that I have been saying it often enough at the Statehouse.

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