By Representative Tom Loertscher, R-Bone

As I was sitting down to eat Sunday Dinner I couldn’t help but think that it had been a while since the last such dinner at home. I also had to chain the axle of my trusty pickup to the shed to keep it from taking off for Boise this afternoon. With the end of a session comes a “shifting of gears,” as life starts to get back to normal, if there is such a thing at the ranch.

I’ve been reading some of the commentaries on the session and I sometimes wonder if I was in the same place they have been describing. Of most interest has been the criticism of how the majority party is so pessimistic about our state revenues. I would rather call it being cautious, recognizing that overestimating revenues and falling short has a completely different outcome than underestimating and having more funds come in. A special session to increase budgets would be much simpler than having a year full of shortfalls such as we have just been through.

It was the most difficult year I have personally seen and also the busiest. For some reason the session started out being very intense and it finished the same way. State affairs for example, met right up to the last day of the session to accomplish what we were assigned. The issues we heard were more complicated than usual and at times quite controversial. Getting used to our new surroundings also played a role.

Some have said that we should have raised taxes to sustain the activities of government and then the question I have raised with them has been, “Whose taxes should we raise?” Not on them is the most frequent reply. Then on whom should we have raised taxes? The dairy industry is still selling milk at below cost. The potato farmers are selling spuds (if they can find a buyer) for two dollars and under, which is far below the cost of growing them. How about the construction industry? I have neighbors who have not had a project in a year, and have no current prospects on which to bid. And the list goes on.

Some say that we should have done more to improve the economy, and that state government should play a bigger role to help. Does that mean more government involvement in everything? President Ronald Reagan put it best when he said that government is the problem, not the solution.

Linda and I went to Ohio last fall to visit our son Reed and his family who is in anesthesia school. While there we visited Amish country and it was quite the experience for me. He told me that the Amish people are quite well off. He also told me that they have a lot of tax exemptions. They don’t have health insurance. They don’t use the welfare system. They take care of each other. They don’t expect much from government and don’t want much from government. They don’t drive cars but they do hire drivers once in a while. They don’t have electricity in their homes and only use some in some of their businesses. They don’t have tractors. They milk the cows by hand. They use horses for everything. In short they live a simpler life and take care of their own. And they prosper even in these times. We could learn a thing or two from them.

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By Representative Tom Loertscher, R-Bone

No matter how long I am around this place I find myself learning new things. Late last week a bill came before the House to impose continuing education requirements for licensing of auto salesmen. Who would have thought that used car salesmen are licensed in Idaho? I suppose we are all much safer from unscrupulous sales staff at car dealers now that they will be better educated on the ins and outs of selling cars. (I am not making this up.)

Not everything we have done this session is as important as the foregoing, a good deal of it is very necessary and has real value. You may have been hearing about several pieces of legislation this year that will have far reaching effects on our future as a state. There have been a number of issues concerning our sovereignty on which we have expressed ourselves to the President and the Congress. The one that I like the best for this year is House Concurrent Resolution 64 that outlines specific language that would modify the and strengthen the Commerce Clause and the Tenth Amendment.

With all of the commotion on the national level about health care, it has been important for us to insist that we in the states not be treated as stepchildren in the process. We have given the Governor the tools to vigorously oppose forcing our people to pay fines for non participation and increased Medicaid costs that will come as a result of this 2700 page bill.

Our budget this year has been at best, very difficult to set given that one fourth of our state revenues have vanished over the last nineteen months. And as we now conclude the session we are awaiting the April revenue numbers to see how accurate our projections are. It has not been easy for any of us here this year as we recognize how strained personal budgets are with the folks at home. While debating the public education budget one member told us that in these hard times we should be “investing” more in education in order to improve the future. Investing of course, means raising taxes. For some around here it is a very simple thing to “invest” other people’s money.

In November you will be seeing at least three constitutional amendments on the ballot for the approval of the voters. There are two others yet to be considered in the House and may be on the ballot as well. One of the three is to allow the “power cities” (those who generate power and buy from outside sources) to enter into long term contracts for the purchase of power without a vote. This one is essential to the long term power costs for those entities. A second one is for county hospitals or hospital districts to purchase facilities and equipment by bonding as long as the repayment is from revenues and not taxes. The third is for airports to do the same. The two yet unresolved ones are about the disposition of public lands and cabin sites. My advice is to read them carefully before you vote.

As we adjourned on Friday, knowing that we would have to return on Monday, one member (yours truly) played the song “Monday, Monday” by the Mamas & Papas. “Monday, Monday, So good to me. Monday, Monday, It was all I hoped it would be.”

If it is the last day of the session, it will indeed be, “all I hoped it would be.”

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By Representative Tom Loertscher, R-Bone

As I write what one of my colleagues calls “musings” each week, I try to find something that is a little off the beaten track that would not otherwise be reported. There is a lot happening and at this stage of the session it happens fast. Our incentives to get the session ended are different than ever before because of the budget problems.

I was visiting with one member that told me we should hurry and get the budget set before things get any worse. That reminds me of people who drive really fast on their way to the gas station to avoid running out of gas. It just doesn’t work that way. More of the smaller budgets have been passed now and we are yet to see the biggest ones. There is less wrangling over the budgets than before and as we get to what are known as the big three, Education, Health and Welfare, and Corrections, there will be a lot of discussion.

That discussion will not center on the amounts in the budgets as much as it will be about how the legislature directs the money is to be spent. Some call it micromanaging while others are calling it extreme measures to make the money last through the year. This budget is challenging but not impossible, we will get through this process. I was told a long time ago that the only way out of a crisis is through it and I think that is where we stand this year.

For a long time I have thought that if faced with a challenge like this, we would instinctively look at what we do and eliminate what we deemed unnecessary. In this arena it is a bit more complicated than that because what I may view as not needed is the favorite of someone else. Sort of like it is at home when your wife cleans off your messy desk and that piece of paper you needed (or wanted) now resides in a place destined to find its way to the landfill. It was so very important at the time but now that it is irretrievable we somehow muddle through.

One of the traditions around here on St. Patrick’s day is a wearin’ of the green. The ladies around this place do a better job than the men by far. The best some of us can do is to produce obnoxiously green ties. Those around here with Irish ancestors are the ones who really get with the program. On that day we had some very lively debates on legislation but I am happy to report there were no fist fights. Thankfully, our other traditions and rules don’t allow us to go that far.

I hope that I am not so far off the beaten track that you think we have nothing serious to do. Things like state sovereignty issues (several of them), Idaho coins to mint for payment of Idaho Taxes, and conscience legislation for health care providers cleared the House this week. But you already probably read about some of that elsewhere.

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By Representative Tom Loertscher, R-Bone

I like to get to the State House early in the morning, before the committee secretaries are in the building and even better, to avoid the heavy traffic as it descends on downtown Boise. It works most days and it provides me with a few minutes to plan for the day and get ready for things I have to get done.

The Joint Finance and Appropriations Committee for the most part wrapped up its work for now, having set most of the budgets for the next fiscal year. That triggers about a two week process to get those bills passed and close down the session. The trick will be to get that done without a hitch. Intent language (specific direction on how to spend the money) in the budget bills has more policy altering mechanisms than we have ever seen before.

That may not seem like a big deal to most people but there are consequences. In previous years there have been specific details for schools to spend funds and if it could not be used it was lost to the districts. This year intent language gives more flexibility than ever before. The words, “I hope this works,” are heard quite a bit among legislators.

In other areas the language will be giving new direction to agencies that will in large measure negate provisions in statute. There is a danger to this approach. A lot of these items were put into law after a great deal of deliberation and for good reason. Making changes in this manner will not allow for public comment on the changes, mostly because JFAC is not equipped for public interaction.

Let us say for example that in the Health and Welfare appropriation there is language that will discontinue some services that were shifted to Medicaid to relieve the counties of the obligation for those services. The favorite phrase is “Notwithstanding the provisions of law to the contrary,” a stroke of the pen that would shift programs back to counties and the property tax. That is a huge shift in policy without the ability of the public to be engaged in the discussion. I have seen some of the language, and will be reviewing it carefully in an effort to prevent the shift from occurring. In all fairness, the language will attempt to get at what most people think is the biggest problem with medical care in the US today, and that is the pricing structure.

Some people think that dealing with all of this budget stuff this year is hard to do, and it really is. For too long we have spent way too much money and now we find ourselves in a time of readjustment. My dad always used to counsel about raising our standard of living too high and warned of the consequences that would necessarily follow when things fall apart.

In these last two weeks (I hope no more than that) there will meetings to plan for, bills to read, debates to prepare and tough votes to make, and the work starts early.

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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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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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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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By Rep. Tom Loertscher, R-Bone

There is an old Irish saying, “Count your joys instead of your woes, Count your friends instead of your foes.” Our friend The Farm Bureau was in town for their annual meeting and the evening spent with them was very enjoyable and a reminder to deal with our problems the way we do down on the farm. After the conversation at my table went on for some time, Mrs. Priestly looked at me and asked if in the middle of all of our problems, if there is anything good to report?

A few good things are happening and a short list follows. We have turned down some not so good rules from some of the agencies. That’s a good thing. When rules are so burdensome or lie outside what the law intends, they need eliminating. In State affairs we have found some extra cash by implementing electronic publishing for the rules themselves.

In the elections arena we are looking at legislation to allow for online filing of campaign reports that will help save some money as well. We have forwarded a bill to the full house that asserts our state’s rights when it comes to health care. It authorizes our Attorney General to seek relief should the Congress pass health care laws that would cause increases in Idaho’s costs and would impose penalties on our people for not purchasing insurance. We will soon see legislation to implement photo voter identification. There are some changes to the redistricting law, in addition to what we did last year, that should help our rural areas. And even better news is that everyone around this place is committed to getting this done and out of town (I’m shooting for March 26 or sooner).

We have put some deadlines in place for bills to be printed. Anything beyond that point will have to pass the following test: Will the republic endure without this measure? In a year like this, it has become difficult to find the joys, but we do have them. I’ll do my best to count them.

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from Representative Tom Loertscher, R-Bone

When I was younger my parents used to say that as they were getting older time seemed to fly by. Of course that is not what really happens, it just seems like it. That is about how the second week of the session went. It seemed to me that there was somewhere to be and something to do from early morning until late in the evening.

These beginning days are mostly for rules review and that has gone smoothly for the most part. In State Affairs we divide the rules among a couple of sub-committees for an in depth look at the rules and then come to the full committee for final approval. This speeds up the process a great deal. Several proposals came before the committee this week for introduction and have been greeted with mixed results. One of the Governor’s proposals was narrowly approved while another was turned back to one of the members of the committee. And yet another bill was sent back to sponsor for further improvements. It’s a tough committee and not much seems to escape them.

Budgeting still remains the number one thing talked about around the halls of the capitol. There has been a big discussion about the revenue target number set by the projection committee at sixty four million below what the Governor has projected. Some say it is too pessimistic and will stifle business, but in reality there is a world of difference between overestimating revenues and setting budgets based on projections that fall short. It is far easier to adjust upward than it is to cut budgets in the middle of the fiscal year (which is where we find ourselves today). Down on the farm if we borrow money based on a 100 bushel per acre crop and the crops come in at 60 bu/ac we’re in deep trouble. But if we estimate 60 and produce 100 we get to smile on the way to the bank.

Surveys have been taken to see what people at home think about this budget problem and statewide there is little support for increasing taxes. Every rock is being looked under for solutions and what programs to cut. The Governor was about eaten alive this last week at the suggestion of doing away with Parks and Recreation and moving their business to Fish and Game. F&G being loved or not loved as the case may be, has gotten most of the comments.

Mail and emails are pouring in about the need to fix the midwifery bill that was passed last year. I had thought we covered all of the areas of concern but apparently not. I have received communications on the ATV rules coming from Fish and Game that prohibit their use for hunting. State’s rights legislation as it pertains to health care has been introduced and is on people’s minds at home. Those are just some of the issues we face this year and are getting a lot of attention around this place.

It is said that time flies when you’re having fun. My version is a bit different. Time flies when you are busy. Either way time is flying in the House.

By Representative Tom Loertscher, R-31

As we were waiting for the Senate to send one last budget bill to us so that we could finish our business and put a final end to this session, I couldn’t help but think that this was not the ending any of us had in mind. So now that it is over we all have to ask ourselves what we have to show for seventeen weeks in Boise? There is quite a bit actually, and even some things that you may not read anywhere else.

One very significant issue was the passage of election consolidation. This bill will put all elections on no more than four dates per year, all to be conducted by the county clerks. Polling places will be consistent for all elections and the hope is that it will increase voter turnout and eliminate some of the confusion that has surrounded where to vote particularly for school elections.

Another issue that occupied a great deal of time was the Comprehensive Aquifer Management Plan that has put in place a framework for recharging these underground reservoirs. It also provides for a prudent method of financing the efforts that after some compromising should be fair to all water users. I still have some concerns about the process, and only time will tell how much we are able to achieve. And while this first effort is in the Snake River Plain, it will eventually be used in Bear River Basin as well.

Another matter that will have a long term affect on Bear Lake and other lakes and streams is the program that was enacted to keep Quaga and Zebra muscles from getting a start here. These little critters are very destructive to irrigation systems, electrical generation turbines and to the general health of bodies of water.

We were able to keep fuel tax and registration fees from increasing, which is a good thing given the state of the economy and the record number of dollars available to ITD over the next two years. In our rural corner of Idaho fuel tax increases have a very different effect than they have on urban areas.

I wish I could say that we did not increase any taxes, but that was not to be. Counties will have to pay more for indigent claims because of the increase in deductable for the Catastrophic fund and a new layer of bureaucracy at Health and Welfare. This will cause about a million and a half dollars of property tax increases state wide. I was unable to convince my colleagues that this was not a good idea.

Funding for schools was shorted for what some say is the first time ever. In light of current circumstances it may be the best we could have done, but nonetheless it is quite painful. We did however provide some flexibility to local districts that should make them better able to meet their needs. Another area of concern is that services to the mentally ill and the disabled were also cut. Long term shifting some of these expenses to counties and institutional settings could end up costing more.

And how would I score this session? It is hard to say, for that is in the eye of the beholder. But one thing is for certain, it was most difficult. In tough times thing never are simple and as we look forward – it probably won’t be any easier next year. And that is the optimistic view.

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