The legislature finally finished their work on August 2. The last piece of SAM legislation to pass and become law is LD 1323 (see below).
In the last referendum cycle, 38,000 signatures were deemed invalid by the Secretary of State because of problems with Notaries; in addition, during our testimony to the Veteran’s and Legal Affairs committee we revealed how paid signature collection companies were hiring petitioners, then using their own staff to notarize their petitions. This “fox guarding the henhouse” scenario is typical of these out-of-state, money driven campaigns.
A key provision in this new law states that a person cannot be hired by a campaign and also notarize petitions. Other sections give more authority and power to invalidate petitions for sloppy notary work. The law also creates a way to report potential fraud.
Senator Chipman notarizes the signatures of his own referendum signature-gathering employees for a living. Ironically, he tried to amend the bill to gut important provisions through an amendment in the Senate, including those affecting his notary business.
He knew it would look self-serving if he sponsored the amendment himself, so he asked fellow Sen. Jackson to sponsor it for him. I discussed this conflict with Sen. Jackson and talked with members of his Democratic caucus, and they decided not to submit the amendment.
Sen. Chipman’s financial bottom line is directly impacted by the changes proposed in LD 1323, and he would likely lose money if it passed. He should have disclosed this fact and recused himself from the vote, but, not surprisingly, he did not.
Some key points of the new law:
- The referendum reform bill would give more authority to the Secretary of State to revoke a Notary’s commission for allowing another to use it.
- The Notary must notarize the petition in the presence of the circulator.
- A Notary cannot be employed by a referendum campaign in any capacity except as a Notary.
- Τhe Secretary of State may invalidate a petition if the Secretary of State is unable to verify the notarization of that petition.
- The bill directs the Secretary of State to establish a method to facilitate the acceptance of reports from members of the public regarding suspected fraudulent or illegal signature gathering practices for direct initiative and people’s veto petitions.
Tougher Laws for Hunting over Bait
There is a new law that toughens the penalty for hunting over bait. Representative Will Tuell of Washington County sponsored the bill, and it was amended to affect a person who is convicted of hunting over bait during an open season on deer. The new penalty is license revocation for one year. A second offense requires revocation for two years. Fines are left up to the Judge.
Tougher Licensing Rules for Guides
Senator Paul Davis sponsored a bill on behalf of DIFW that “authorizes the Commission of Inland Fisheries and Wildlife to revoke, suspend, refuse to issue, or refuse to renew a guide license, if the license holder has been convicted of committing a crime punishable by imprisonment for one year or more, or is found not criminally responsible by reason of insanity of committing a crime punishable by imprisonment for a term of one year.”
Guides affected by this provision can request a hearing to appeal the revocation, suspension, or denial. It also requires the applicant or holder of a guide’s license to notify DIF&W of any conviction.
Law Changed to Clarify Hunting from a Vehicle
The law prohibiting shooting a gun that’s resting on a motor vehicle has been clarified. What was once against the law, “resting the gun up against a motor vehicle” has been amended to make it acceptable to rest a loaded firearm on a vehicle. Representative Joel Stetkis, with the urging of our friend Jeff Zimba, introduced the bill. Both deserve a thank you!
Rep. Stetkis said, “I would like to eliminate the possibility of someone mistakenly breaking the law by simply setting a loaded firearm on the tailgate of their truck, leaning their shotgun against the tire of their vehicle, or setting their hunting rifle in the back seat of their car so they can tie their boots, take off a jacket, or go check their targets.”
The change allows a hunter to rest a loaded firearm or crossbow on a motor vehicle that is not an ATV or snowmobile. It also allows you to shoot from the vehicle at a fixed target (such as at a shooting range) as long as you are not within the enclosed area or passenger compartment of a motor vehicle. Some of the excerpts above came from George Smith’s blog.