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Legislative Archive

M E M O R A N D U M

 

TO: IHA Board of Directors

FROM: Jack Lyman

RE: Election Result

DATE: November 7, 2012

Here is a summary of the general election results. 

FEDERAL ELECTION
President:  President Obama was re-elected with fewer electoral college votes than he received four years ago.  That has happened only three times before in American history.  Woodrow Wilson was re-elected with fewer electoral college votes as was Franklin Roosevelt in his third and then again in his fourth election as president.

Congress:  The Republicans will continue to control the House of Representatives and the Democrats the Senate.  The Republican majority in the House will be six fewer and the Democrats will increase their majority by two in the Senate.

Both of Idaho’s Congressmen were re-elected with over 63% of the vote.  There was no U.S. Senate race this year in Idaho.

Jack Lyman, Lobbyist

STATE ELECTION
District 1:  Senator Shawn Keough, Reps. Eric Anderson and George Eskridge were re-elected.  All are Republicans.

District 2:  Senator Steve Vick and Rep. Vito Barbieri, both Republicans, were re-elected.  Ed Morse beat Phil Hart in the Republican primary and won the general election.

District 3:  Rep. Bob Nonini was elected to the Senate, Rep. Frank Henderson was re-elected and Ron Mendive won Nonini’s seat.  All are Republicans.

District 4:  Senator John Goedde and Rep. Kathleen Sims were re-elected.  Luke Malek won an open House seat.  All are Republicans.

District 5:  Senator Dan Schmidt and Shirley Ringo were re-elected.  Both are Democrats.  Republican  Cindy Agidius won an open House seat.

District 6:  Appointed Senator Dan Johnson won election; Rep. John Rusche, House Democrat leader, was re-elected.  Thyra Stevenson  won the open House seat.  Johnson and Stevenson are Republicans. 

District 7:   Senator Sheryl Nuxoll and Reps. Shannon McMillan and Paul Shepard were re-elected.  All are Republicans.

District 8:  Rep. Stephen Thayn was elected to the Senate; Rep. Lenore Barrett was re-elected and Terry Gestrin was elected to the open House seat.  All are Republicans.

District 9:  Senator Monty Pearce, Speaker of the House Lawerence Denny and  
Rep. Judy Boyle were re-elected.  All are Republicans .

District 10:   Appointed Senator Jim Rice won election.  Rep. Darrell Bolz was re-elected.  Brandon Hixon was elected to the open House seat.  All are Republicans.

District 11:  Senators Patti Anne Lodge and Reps. Gayle Batt and Christy Perry were re-elected.  All are Republicans.

District 12:  Todd Lakey was elected to the Senate and Robert Anderst and Rick Youngblood were elected to the House.  All are Republicans.

District 13:  Senator Curt McKenzie and Reps Gary Collins and Brent Crane were re-elected.  All are Republicans. 

District 14:  Rep. Marv Hagedorn was elected to the Senate.  Reps. Mike Moyle (House Majority Leader) and Reed DeMordaunt were re-elected.  All are Republicans.

District 15:  Fred Martin was elected to the Senate in the most expensive legislative race in Idaho history ($150,000+).   Rep. Lynn Luker was re-elected.  Mark Patterson won the open House seat.   All are Republicans.

District 16:  Senator Les Bock and Rep. Grant Burgoyne were re-elected.  Hy Kloc was elected to the other House seat.  All are Democrats.

District 17:  Senator Elliot Werk and Rep. Sue Chew were re-elected.  Former Rep. John Gannon was elected to the open House seat. All are Democrats.

District 18:  Senator Mitch Toryanski, one of only two incumbents running that lost, was bested by former Rep. Branden Durst, the only Democratic pick-up.  Rep. Julie Ellsworth, the other incumbent running that lost, was beat by Janie Ward-Engelking.  All are Democrats.

District 19:  Rep. Cherie Buckner-Webb was elected to the Senate.  Mathew Erpelding and Holli High Woodings were elected to open House seats.  All are Democrats.

District 20:  Senator Chuck Winder (Assistant Majority Leaders) and Rep. Joe Palmer were re-elected.  James Holtzclaw won the open House seat.  All are Republicans.
District 21:  Rep. Cliff Bayer was elected to the Senate and Steven Harris and Tom Dayley were elected to open House seats.  All are Republicans.

District 22:  Senator Russ Fulcher (Senate Caucus Chairman) and Rep. John Vander Woude were re-elected.  Jason Monks was elected to the open House seat.  All are Republicans.

District 23:  Senators Bert Brackett and Reps. Peter Nielsen and Rich Wills were re-elected.  All are Republicans.

District 24:  Senator Lee Heider and Rep. Stephen Hartgen were re-elected.  Lance Clow won the open House seat.  All are Republicans.

District 25:  Rep. Jim Patrick was elected to the Senate.  Rep. Maxine Bell was re-elected.  Clark Kauffman was elected to the open House seat.  All are Republicans.

District 26:  Senator Michelle Stennett (Senate Minority Leader) and Rep. Donna Pence were re-elected.  Both are Democrats.  Steve Miller, a Republican, won the open House seat formerly held by Wendy Jacquet, the former Minority Leader of the House. 

District 27:  Senator Dean Cameron and Reps. Scott Bedke and Fred Bedke were re-elected.  All are Republicans.

District 28:  Rep. Jim Guthrie was elected to the Senate to replace Democrat Diane Bilyeu, the only Republican pick-up in the Senate.  Rep. Ken Andrus was re-elected.  Kelley Packer won the open House seat.  All are Republicans.

District 29:  Rep. Roy Lacey was elected to the Senate and Rep. Elaine Smith was re-elected.  Carolyn Meline was elected to the open House seat.  All are Democrats.

District 30:  Senator Dean Mortimer and Rep. Jeff Thompson were re-elected.  Wendy Horman won the open House seat.  All are Republicans.

District 31:  Senator Steve Bair was re-elected.  Neil Anderson and Julie Van Orden won open House seats.   All are Republicans.

District 32:  Appointed Senator John Tippets won election.  Reps. Marc Gibbs and Tom Loertscher were re-elected.  All are Republicans.

District 33:  Senator Bart Davis (Senate Majority Leader) and Rep. Linden Bateman were re-elected.  Janet Trujillo was elected to the open House seat.  All are Republicans.

District 34:  Senate Pro Tem Brent Hill and Rep. Dell Raybould were re-elected.  Douglas Hancey was elected to the open House seat.  All are Republicans.

District 35:  Senator Jeff Siddoway and Rep. JoAn Wood were re-elected.  Paul Romrell was elected to the open House seat.  All are Republicans.

The Idaho House will remain split 57 – 13 in favor of Republicans and the Idaho Senate remains split 28 – 7 in favor of Republicans.  The winners in 77% of the Senate races won with more than 60% of the vote (24 Republicans and three Democrats); winners in 74% of the House races won with more than 60% of the vote (49 Republicans and three Democrats).

Twenty-seven of the 35 legislative districts will be represented by entirely Republican delegations and five by entirely Democratic delegations.  Three districts are represented by mixed delegations.

By Jack Lyman
The November election will be the first since the legislature was reapportioned.  I don’t expect much partisan change:

House –           Current:  Republicans 53 – Democrats 17
Republicans will win between 52 to 55 seats
                        Democrats will win between 15 to 18 seats

Senate –          Current:  Republicans 28 – Democrats 7
                        Republicans will win between 27 to 29
                        Democrats will win between 6 to 8

There will likely be competition for all four House Republican leadership positions and for two of the three for Democrats.  There will likely be no race for Senate President Pro Tem and Senator Brent Hill will be re-elected.  There will be competition for the other three Republican positions and for at least two of the three Democrat positions. 

Long-time friends and supporters of our industry who chaired the key committees in the House and Senate have retired and we will need to work with new Chairmen.  I expect Senator John Goedde from Coeur d’Alene to move from Chair of Education Committee to become Chair of the Commerce Committee.  I don’t have a clue what will happen in the House where there are a large number of chairmen vacancies and a large number of new members.  I am confident we will be able to work with the person eventually appointed to that  position.  

I expect Governor Mitt Romney to win Idaho’s four electoral college votes with about 73% of the vote.  We have no U.S. Senate races or statewide races this year.

The ballot will include three referendums concerning education reform.  The referendum process was a progressive idea popular in the late 19th and early 20th century.  Most state constitutions written then provided a means for the people to overturn acts of the legislature.

Prop. 1 relates to the collective bargaining rights of Idaho teachers.  The legislature passed  a law that limits those rights.  A “yes” vote would approve of that change; a “no” vote would repeal the law.  I expect a majority of voters to vote “yes” on this proposition.

Prop. 2 relates to merit pay for teachers.  The legislature passed a law that provides for merit pay on a school-wide basis for schools that achieve certain benchmarks.  A “yes” vote would approve those changes; a “no” vote would repeal that law.  I expect a slim majority of votes to vote “no” on this proposition.

Prop. 3 relates to providing computers to Idaho high school students.  The legislature passed  a law to provide computers and to require students to take at least two on-line courses to graduate.  A “yes” vote would continue the program; a “no” would repeal the law.  I expect a majority of voters to vote “no” on this proposition.

If all of the propositions are sustained (a majority of voters vote “yes” on all of them), the primary education issue during the 2013 Legislature will be funding.

If any or all of the laws are repealed (a majority of voters vote “no”), the legislature may enact similar laws to replace those repealed.  They have the right to pass the same exact laws but that is unlikely to happen.

The 2013 Legislature will again face difficult fiscal issues as they come under pressure to restore funding to many of the programs that have been cut over the past five years.  Revenues are currently exceeding expectations.  If that continues, the pressure will increase to put more money into education and health care programs like Medicaid.  I expect almost all state agencies to look to increase their budgets but don’t expect them to be received well by the Governor.  The focus instead will be to restore funding to the several budget stabilization funds that were used to ease the budget pain over the past five years.  Most of those funds have been depleted and I expect the Governor to move to replenish those funds before he expands state government.

Of interest to us will be amendments to the Residential Mortgage Practices Act that will complicate any lending practices you might engage in.  You’ll hear more about that later in the program.

Also of interest to you will be legislation that will remove “service companies” from the state’s licensing statute.  When we originally enacted the licensing statute we believed that HUD required us to license service companies that worked on HUD homes after their original installation.  We have since learned that there is no federal requirement to license or even monitor work done on such homes.  We will repeal the licensing requirement and work to educate local building officials about the unique issues our homes present to folks who work on them.

The 2012 Idaho Legislature wrapped up its work on Thursday, March 29 after 81 days. The major accomplishments of the session included:

  • Funding for K-12 education reforms.
  • Increased funding for higher education priorities.
  • Establishment and funding of the Idaho Global Entrepreneurial Mission (IGEM), a collaborative effort to encourage and commercialize development of new technologies that is expected to create new businesses and help existing businesses expand.
  • Reduced the marginal state income tax rate for individuals and corporations.
  • Provided funding to expand the grocery tax credit.
  • Allocated at least $30 million to begin to refill “rainy day” reserve funds that had be largely depleted over the pasts three years.
  • Provided a regulatory framework for Idaho’s emerging oil and gas industry.

When the session convened, the general consensus was it would be consumed by the health care debate and the creation of a state health insurance exchange with over $20 million of federal funding. As is turned out, no exchange bill was even introduced and no action was taken on the issue. 

Of particular interest to IHA was passage of H. 468. This bill provided authority to the Division of Building Safety to develop rules related to the inspection of manufactured home installations. We worked with DBS and key legislators to shepherd this bill through the legislative labyrinth. DBS will now begin negotiated rulemaking this summer to implement the legislation.

A reminder to all IHA members. Primary elections will be held Tuesday, May 15. The 2010 Census required the state to reapportion the legislature and a near-record number of legislators chose to either retire or attempt to move from the House to the Senate. Your new legislative district is different from your old one and you will probably see at least a few new names on the ballot. In some cases, your new district may be dramatically different that it was and there may be no familiar names. Please be sure to find out who is running and to vote. 

If you have any questions about your legislative races give me a call at 899.3623. I’m always interested in talking politics and have plenty of opinions I’ll be glad to share.

Jack Lyman

On April 13, the Idaho Housing Alliance held a dinner meeting on the recent changes to the Manufactured Home Residency Act (Landlord/Tenant Act), which was amended in the 2011 Legislative Session.

Jack Lyman, our governmental affairs lobbyist, and David Wishney, attorney at law, were present to talk about the changes to the law:

  1. Legislators thought mobile homes meant everything, from park models to manufactured homes. The problem with the definitions in state law was that it previously referred to only mobile homes and there was a concern that someone would challenge that a mobile home law did not apply to manufactured home. The amended definition refers to the manufactured homes and includes all three under that definition.
  2. In all, the bill deleted 2 definitions, changed 2 and added 16 more. This includes changing the term tenant to resident, and park to community.
  3. The rules under the lien sale were amended:
  • Change in notice requirement for non-payment of rent on the second notice went from 20 days to 30 days. There was no change in service requirements
  • The law states we have a possessory lien – this is the first time this has been clarified in the state law.
  • A new section was added dealing with abandoned homes which includes:
    • Definition of abandoned home
    • They must be 60 days past due
    • Resident has left the lot (Wishney suggest you document to show you have met reasonable belief that the home has been abandoned

Below is an application to conduct a lien sale. It must be filed with the Idaho Transportation Department. They will give you an authorization letter to conduct a lien sale (usually takes about 3 weeks). You will need to name the title owner and legal owner (lien holder on title itself). Twenty (20) days before sale date you are required to notify the owners and ITD and also to publish the notice in the paper ten (10) days before.

You must permit access to exterior of home at least one hour before sale. Completion of report on lien sale acts as a bill of sale – original is mailed to ITD, copies to purchaser of home. Please note that in the event someone bids more than the lien you are required to send the excess to ITD (check needs to be marked as excess ).

  1. We did work with the tenant associations and added the authority to set up an association for purpose of purchasing the community. You are required to notify such an association if the community goes up for sale(unless it is an “arms length” transaction) however you are under no obligation to sell to them. More next week on the funding mechanisms in place to assist residents in this endeavor.

The bill passed both Houses with a unanimous vote and the Governor signed bill.  It takes effect July 1, 2011. Lyman thanked Wishney for his legal review and assistance in getting the technical parts of the bill through.

Attached are applications provided at no cost by David Wishney for the lien sale portion of the bill.

Please do not hesitate to call the IHA office for more information at 947-8094 or email us at tottens@amsidaho.com

 

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