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Bills focus on taxes, health care, texting

by Rep. George Eskridge
| February 6, 2011 6:00 AM

The major issues since the beginning of this legislative session in Boise has been the difficulty in balancing the budget, proposed legislation for K-12 public education reform and possible cuts to the State Department of Health and Welfare programs. Since these issues have been covered extensively by the media and in previous articles by my colleagues in Districts 1 and 2, I will provide information on other legislative proposals that may be of interest to the Daily Bee readers.

n A legislative proposal gaining a large amount of interest is House Bill 59 (HB59), commonly referred to as the “Nullification Bill.”

HB59 would prevent state agencies from implementing the national health care law as well as preventing the federal government requiring individuals and companies from purchasing health insurance. In spite of an opinion by the Idaho Attorney General’s office that the bill is unconstitutional the sponsors of the bill maintain that the Attorney General’s office is merely stating an opinion and that the states do have the final say on the “constitutionality” of an action. They cite the federal government’s refusal to intervene in the California medical marijuana issue as an example of states ability to defy federal law. HB59 is before the House State Affairs committee and may have a good chance of being passed out of the committee and on to the full House for a vote.

n House Bill 57 (HB57) would allow the Idaho State Tax Commission to participate in discussions with other states relative to the Streamlines Sales Tax Project that would make it easier for states to collect sales tax on out-of-state Internet sales.

This bill would only allow Idaho to participate in the discussions but would not allow Idaho to sign any agreement with other states and the federal government to collect sales tax.

Separate legislation would have to be passed to collect sales tax if a procedure was finally adopted. The Speaker of the House is holding HB57 in the Ways and Means Committee until more information is obtained on the cost and other factors in participating in the project.

Senate Bill 1025 (SB1025) and Senate Bill 1024 (SB1024) address the use of a cell phone while operating a motor vehicle in Idaho.

SB1025 provides for a first offense penalty of $50 for texting while operating a motor vehicle. Subsequent fines would be $100. SB 1024 provides for a penalty of $75. This legislation would not apply to the use of a “hands free” device. Both of these bills are before the Senate Transportation Committee.

n House Bill 30 clarifies that the homeowner’s exemption on property taxes is still allowable when the owner is away from the primary residence due to military, humanitarian or religious service. This legislation also allows the home to be leased so long as the owner intends to return finishing the service or does not otherwise establish a different primary residence. This bill has passed the House and is before the Senate for consideration.

Additional information on these bills and other legislation can be found on the legislative website at http://legislature.idaho.gov. In addition please feel free to contact me if you have questions on proposed legislation or other legislative activities. I can be reached by phone at: 1-800-626-0471 or by e-mail at geskridge@house.idaho.gov.