[Vision2020] LEGISLATIVE NEWSLETTER II, January 23-29/2011

[Rep. Tom Trail]

LEGISLATIVE NEWSLETTER II, January 23-29/2011

Constituents:

1)   Idaho Budget --  There is further bleak news about the budget.    It
appears that Gov. Otter is now acknowledging that trimming a projected
$340 million two year gap to $35 million is far worse than originally
projected.   It now appears that the shortfall will be closer to $185
million leaving us with a potential deficit of almost $500.   Revenues
dropped in December after a few months of positive returns.  A total of
$47 million in unexpectedly high claims for sales tax rebates equipment
and $70 million to conform with federal tax law changes are part of the
problem.  Rep. Thayn has drafted a bill to eliminate the Idaho Commission
on the Arts, raising class size size by two ($100 million), cutting
teacher compensation 12% ($100 million), cutting 3,000 teachers' aides
($70 million in salary), cutting kindergarten by two-thirds ($40 million),
and a number of other draconian proposals.    If all of these cuts were
implemented one can only imagine the impact on our educational
infrastructure.

On Friday over 1,000 Idahoans showed up to testify before JFAC and the
Health and Welfare Committee concerning $25 million in potential budget
cuts.    A Nampa resident who has been a quadriplegic for more than 20
years since an automobile accident said he requires assistance to get in
and out of bed, to brush his teeth and to do "all the things that
able-bodied people take for granted."  He said, "I'm at risk of losing my
home and independence and quality of life."  "The bottom line is quality
of life--let me keep mine, please."   One of the questions that
legislators should ask themselves is "Under the General Welfare clause of
the Idaho Constitution just how much is the State responsible for helping
medically challenge citizens."     Rep. Thayne's bill also raises some
interesting questions--by cutting teacher salaries by 12% we'd have about
40% of the teachers and their families eligible for food stamps, and
cutting 3,000 school aides would increase the Idaho unemployment ranks.   
As one legislator said, "Last Legislative Session was a cakewalk compared
to what we are now facing."  We are really faced with a Catch 22
situation.   Do we raise taxes to maintain a minimum standard of health
care and educational program or do we make the necessary cuts necessary to
balance the budget when at the same time we know we have 70,000 unemployed
citizens in the State and we are trying to support our business community
and attract new industry by not raising taxes?

2)   Highway 12--Megaloads--It looks like the huge Concoco megaloads will
soon be moving over Highway 12 hauling oil refining equipment to Canada. 
Conoco/Exxon have a number of slick radio ads defending the movement of
the megaloads here in Boise, and they are filled with deceptive and
inaccurate information.  The ads state the companies have been working for
two years with local citizens to prepare for the move.   The Truth is the
deal with the oil companies was signed in D.C. in January 2009 by our
Governor and Congressional delegation and the first local citizens knew
about this was in April 2010.

a).  All costs are paid by Conoco/Exxon  --  In May at the informational
meeting in Moscow a group of us asked ITD employees if the $1,500 permit
fee covered all of ITD's administrative, technical and legal costs.   The
ITD employees told us there was no way that ITD's costs were being
completely covered.   I asked Director Ness of ITD the same question and
in a letter he said, "At this time we are unable to answer your question."
   The Truth is that the Idaho taxpayer is paying for part of the cost for
the privilege of letting the oil companies transport their megaloads over
Highway 12.

b.  Job creation  --  Conoco/Exxon brag about job creation in America, but
when Exxon officials were asked who has the contract to move the megaloads
the answers were a Dutch company.    The building of the oil refining
equipment was done in Korea instead of the U.S. or Canada.

c.  Highway 12 is the only route to ship the equipment  --  Exxon
officials told us at the hearing in Moscow that this was the case.   
Investigation in Canada revealed that the shipments could have made by
rail with transloading around railroad tunnels using cranes.   When
confronted with this information Exxon officials then said, "Well Highway
12 is the most economical route."

d.  Public Safety  --  The Idaho State Patrol today has fewer patrolmen
than in 1969.    Yet at least 4 IPS patrolmen will be escorting each load
and others will be serving in a support role.   This raises the issue of
the ability of the ISP to protect its citizens around the state when the
loads are moving.

e.  Economic Development  --  The ads promote great economic development
for Idaho.  The fact is that much of the impact will be like a circus
coming to town.  Here today and gone tomorrow with some slight economic
activity with food and lodging with almost no long term job creation.  
The long term job creation will ITD hiring more employees and contractors
to repair the damage caused by 274 loads (and more to come)

3)   Nullification  --  One of the new issues being discussed in the halls
of the Capitol is nullification legislation.   If past this would
potentially mean that the State could disregard any particular Federal law
it wished to.    This move is in regard to protests against the National
Health Care Plan.    Our State Attorney General, Lawrence Wasden has
strongly cautioned against nullification.  He notes "Taking the logic of
the nullification theory to its natural extension, federal law would
become a patchwork of regulation depending upon which states chose to
comply.  It is hardly, given this specter, that no court has every upheld
a state effort to nullify a federal law."    Other states legislators are
debating the issue.

4.  HB28  --  Freedom of Conscience Amendment--an unintended consequence
of last year's legislation put living wills and end of life instructions
in danger,  I'm working with Rep. Leon Smith, several Democratic
legislators and David Irwin of the AARP to introduce corrective
legislation.

Well, that's all for this week.    Constituents can contact me via e mail
at ttrail at house.idaho.gov and via phone at (208) 332-1184.
Rep. Tom Trail