Rep. Tom Loertsher, R-Bone

Every year we have what we call the “Going Home Bill.” Some years it is about how to balance the budget and this year it was the Education budget. While there were a few other bills that remained to be done in the final few days, this was the one that drew the most attention. This was the week that it took to do about a half of a day’s business due to the slow-down in the Senate the previous week.

History will be a better judge of how well we did this year than trying to evaluate the session at this time. But then why not try anyway? So here is a little run-down of what we did and some of the effects of all of these new laws.

The biggest and most controversial issue by far was the Health Insurance Exchange bill. It consumed the discussion for several weeks and may be the matter on which history will judge us the most critically. You may be asking just what the effects of this process will be? The only honest answer is that we just don’t know yet and won’t know until there are more answers from Washington, D.C. There are so many variables at this point and we are hearing new little unpleasant details almost daily, or so it seems.

Personal Property Tax has to be the number two big deal worked on, again over a several week time frame. At one time it looked like the issue would die altogether and then there was suddenly a bill that came forward from the counties. The process in the bill is cumbersome but should have a positive effect on small businesses.

One noteworthy outcome for the education budget this year is that the general fund increase this year was in excess of eleven percent, which is not bad for a year that general revenues are predicted to come in at an increase of under three percent. Even the minority party supported the budget.
Time will also tell if we should have looked more carefully at Medicaid redesign and the counties’ medically indigent responsibility and the Catastrophic fund. It is sure to be the most talked about issue over the interim.

There is a long list of other things that did not get the attention of the press much or even mentioned for that matter. Federal land management, horse racing purse enhancement, tribal liquor licenses, election law clarifications, and changes to Idaho road law just to mention a few.

It has been a session to remember and now that it has come to a close, the criticism and/or praise is about to commence. And as for me, I had a funny feeling Sunday afternoon in finding myself at home going through the cattle instead of heading back to Boise. I could tell that the Duramax had the same pangs because I had to chain it to the shed to keep it from taking off on its own.

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By Rep. Tom Loertscher, R-Bone

Last spring we were trying to finish up planting our grain and we had about 15 acres left when the bell housing in our Steiger tractor broke leaving us without a clutch and other problems. What that meant was that it took us another day to get another piece of equipment in the field and be able to finish the planting for the year. What happened here last week was much like that experience in that we were within a day of finishing our work when the “bell housing” broke. Thursday a big push was made to resolve the issues so that we could get out of town. No matter how close we were, we just didn’t have the wherewithal to fix the problems and adjourn.

The situation centered around the failure of the K-12 budget to pass the Senate and all of the items that the budget contained. Some thought there was not enough money in the budget. Others thought there was too much money in the budget. Some thought there was not enough flexibility for the school districts. Others thought there was way too much intent language (policy matters that had no public input). It’s quite frustrating to realize that the House had all but finished its business, and now we must wait upon the Senate for a solution to the problem they have created.

A bill that I have been working on for a good part of the session is one that makes some changes to road law. It has been a challenging task because there have been so many different groups in the room discussing what ought to be done. This is probably one of the most significant pieces of legislation that we will pass all year. The bill insures that private property rights are protected, that access to public lands is also protected and enhanced, and also provides for a new review by the court to include new information where something might have been overlooked during the commissioners hearing process. It is one of those rare bills that has the support of all concerned, highway districts, counties, irrigation districts, utilities, the Farm Bureau, and the Food Producers of Idaho, along with private landowners. It passed both Houses and is on the Governor’s desk.

We’ve also been instructed by leadership that there is to be no more talk about Medicaid expansion this session. The downside is that we will not be able to consider the companion piece of legislation, the repeal of our medically indigent law and the repeal of the Catastrophic Fund. Making those changes would provide lowering of property taxes statewide of about $478 million over the next decade. Even though the session has been extended for a few days, we have been told to leave it alone for this year.

And now we find ourselves facing another week at the capitol with only a few pieces of legislation to consider. These are the things that we are required to do by our state Constitution and that is to pass a budget. I was asked all weekend how long that would take, and the only way I can answer is that it is hard to tell because we have absolutely no idea at this point how long it will take to get the factions together. I sure hope it’s soon because the Steiger is fixed and ready to go and the ground is drying out rapidly. I don’t know about you, but I had a touch of spring fever over the weekend.

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by Rep. Tom Loertscher, R-Bone

I like to look at headlines and as I was looking at a list of headlines from the past week, I think you could agree that the legislature has been extremely busy. I know that I have been very busy and continue to work on some projects, before the legislature in the very near future comes to an end for this year.

One of the most talked about issues this year that will be before the full Senate is the personal property tax issue. The bill does provide for the removal of personal property taxation for approximately 90% of the businesses in Idaho. There have been so many editorials on the subject both pro and con, that the only conclusion you could draw would be that at a minimum it will reduce a lot of paperwork problems for small businesses. Likewise it would provide some relief for the County assessor in trying to get the list of all personal property from business owners every year.

This seems to be the year of the “informational” meeting. This last week I was involved in two of those, one was a joint meeting of the House and Senate State Affairs Committees and the other was a joint meeting of the House and Senate Health and Welfare Committees.

In State Affairs it was a presentation by the “Add the Words” group. In contrast to last year, the group conducted itself very well and gave only information on the subject of changing our human rights law to include gender identity and sexual orientation. It was not an official hearing on legislation, but was meant to be informational for members of the legislature.

An early morning session of the Health and Welfare Committees was a listening session with no public testimony, on the repeal of the County Medically Indigent law in addition to the repeal of the Catastrophic Healthcare Cost Program. I was asked to make presentation on that item and then the director of Health and Welfare gave a presentation on Medicaid Expansion, which he labeled Medicaid Redesign. There were a lot of questions and some eagerness by some committee members to move forward. These two items should be a very hot topic for the coming week.

While I served in Germany and as I learned the German language, I was told that you could tell how well you had learned to speak, if you dreamed about your mother speaking German to you. I guess you could say around this place that the session had gone on just about long enough if you are dreaming about passing legislation all night. So I guess that time has arrived because I find myself thinking about what is going on in the House during my sleeping hours. At least I think I was asleep. How did that old saying go? “I dreamed that I was awake, and then I woke up and found out I was asleep.”

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Idaho Chooses Life

The Idaho Senate gave final approval to Obama’s Exchange on a 23-12 vote Thursday. The last act of the drama will be Governor Otter’s signature in the next week or so.

Voting for Obama Exchange: Sens. Steve Bair (R-Blackfoot), Les Bock (D-Boise), Bert Brackett (R-Rogerson), Cherie Buckner-Webb(D-Boise), Dean Cameron(R-Rupert), Bart Davis(R-Idaho Falls), John Goedde(R-Coeur d’Alene), Jim Guthrie(R-McCammon), Marv Hagedorn (R-Meridian), Lee Heider (R-Twin Falls), Brent Hill (R-Rexburg), Shawn Keough (R-Sandpoint), Roy Lacey (D-Pocatello), Todd Lakey, (R-Nampa), Patti Anne Lodge (R-Huston), Fred Martin (R-Boise), Jim Patrick (R-Twin Falls), Jim Rice (R-Caldwell), Dan Schmidt (D-Moscow), Jeff Siddoway (R-Terreton), Michelle Stennett (D-Ketchum), John Tippets (R-Montpelier) and Elliot Werk (D-Boise).

Voting No (the pro-Life position): Sens. Cliff Bayer (R-Boise), Branden Durst (D-Boise), Russ Fulcher (R-Meridian), Dan Johnson (R-Lewiston), Curt McKenzie (R-Nampa), Dean Mortimer (R-Idaho Falls), Bob Nonini (R-Coeur d’Alene), Sheryl Nuxoll (R-Cottonwood), Monty Pearce (R-New Plymouth), Steven Thayn (R-Emmett), Steve Vick (R-Dalton Gardens), and Chuck Winder (R-Boise).

Here is the Senate vote on our Religious Liberty Amendment (Nuxoll/Fulcher):

Voting to Amend the bill: (the pro-Life position): Sens. Cliff Bayer (R-Boise), Branden Durst (D-Boise), Russ Fulcher (R-Meridian), Dan Johnson (R-Lewiston), Curt McKenzie (R-Nampa), Dean Mortimer (R-Idaho Falls), Bob Nonini (R-Coeur d’Alene), Sheryl Nuxoll (R-Cottonwood), Monty Pearce (R-New Plymouth), Steven Thayn (R-Emmett), Steve Vick (R-Dalton Gardens).

Voting Against the Religious Liberty Amendment: Sens. Steve Bair (R-Blackfoot), Les Bock (D-Boise), Dean Cameron (R-Rupert), Bart Davis (R-Idaho Falls), John Goedde (R-Coeur d’Alene), Jim Guthrie (R-McCammon), Marv Hagedorn (R-Meridian), Lee Heider (R-Twin Falls), Brent Hill (R-Rexburg), Shawn Keough (R-Sandpoint), Roy Lacey (D-Pocatello), Todd Lakey (R-Nampa), Patti Anne Lodge (R-Nampa), Fred Martin (R-Boise), Jim Patrick (R-Twin Falls), Jim Rice (R-Caldwell), Dan Schmidt (D-Moscow), Jeff Siddoway (R-Terreton), Michelle Stennett (D-Ketchum), John Tippets (R-Montpelier), Elliot Werk (D-Boise), Chuck Winder (R-Boise).

And here is how the Idaho House of Representatives Voted on the Obama Exchange, which passed by a vote of 41-29:

Voting yes: Reps. Anderson(01), Anderson(31), Anderst, Bedke, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Hartgen, Henderson, Hixon, Horman, Kauffman, King, Kloc, Malek, Meline, Miller, Morse, Packer, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Smith, Thompson, VanOrden, Ward-Engelking, Wills, Wood(27), Woodings, and Youngblood.

(13 Democrats + 28 Republicans)

Voting No (the pro-Life position): Reps. Agidius, Andrus, Barbieri, Barrett, Bateman, Batt, Boyle, Crane, Dayley, DeMordaunt, Denney, Gestrin, Harris, Holtzclaw, Loertscher, Luker, McMillan, Mendive, Monks, Moyle, Nielsen, Palmer, Patterson, Shepherd, Sims, Stevenson, Trujillo, Vander Woude, and Wood(35)

Here is how the House voted on our Religious Liberty Amendment (Barbieri/ Boyle), which failed on a 32-38 vote:

Voting Yes (the pro-Life position): Reps. Agidius, Andrus, Barbieri, Barrett, Bateman, Batt, Boyle, Collins, Crane, Dayley, DeMordaunt, Denney, Gestrin, Harris, Hartgen, Holtzclaw, Loertscher, Luker, McMillan, Mendive, Monks, Moyle, Nielsen, Palmer, Patterson, Shepherd, Sims, Stevenson, Thompson, Trujillo, Vander Woude, andWood(35).

Voting No: Reps. Anderson(01), Anderson(31), Anderst, Bedke, Bell, Bolz, Burgoyne, Chew, Clow, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Henderson, Hixon, Horman, Kauffman, King, Kloc, Malek, Meline, Miller, Morse, Packer, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Smith, VanOrden, Ward-Engelking, Wills, Wood(27), Woodings, and Youngblood

(13 Democrats + 25 Republicans)

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By Representative Tom Loertscher, R-Bone

When I was a younger man, I once heard a speaker tell our group that the best way to kill time is to work it to death. I don’t want to give anyone the impression that we just kill time in the legislature, however, this last week we certainly did work a lot of it to death.

It may be ancient history for most now, but the floor debate on setting up an insurance exchange was a history making event on several fronts. I suppose the House felt the necessity of outdoing the Senate by debating the issue for an hour longer than they did. Last Wednesday was a very long day and the debate on the bill took exactly 7 hours. I guess I am as guilty as the next guy and did spend just a couple of minutes describing what I think the basic issues revolving around the exchange issue are. After all of the long faces during that whole process I thought I might try to put a smile on those faces with a lighter comment. I said, “If you laid all of the members of this body end to end that had drifted off to sleep during this debate, they sure would be a lot more comfortable.” My plan worked.

I still remain skeptical as to whether this is the right approach for us to take. Two of the overriding issues for me have been, (1) what is the benefit of having an insurance exchange and how would it help all concerned, health insurance companies, their customers, health care providers and the state, and (2) what will be the added cost of the exchange that will be borne by the taxpayers? In all of the discussions that I have had with regard to this issue, those two questions have yet to answered. After weighing all of the evidence on both sides of the issue, I voted no. I do think that expanding our health insurance markets would be a good thing. But I don’t think this plan provides that when there is no ability to shop for insurance across state lines.

Several weeks ago, I had two bills drafted that have turned out to be the talk of the town after they were introduced (printed). The first is the one that’s nearest and dearest to my heart, the repeal of the county medically indigent law along with the repeal of the Catastrophic Program. The other that has caused the most interest, at least in some circles, is the expansion of the Medicaid program in the State of Idaho. Both of these issues would of necessity need to be considered together, because if Idaho decides to expand Medicaid, the catastrophic fund and the county responsibility for the medically indigent would have to end. There is no way Idaho taxpayers could sustain both programs. The Department of Health and Welfare has compiled cost estimates in consultation with the Medicaid actuary they use for projecting the cost of programs. It looks like we would not save a great deal of money, but it would not increase our general fund expenditures either. The real benefit comes when you consider that property taxes statewide would be decreased by an estimated $478 million over the next decade if the counties are no longer in the business.

So, as a result, I will be spending quite a bit of my time this next week evaluating these two bills and their cost, and determining if the legislature desires to move forward. I was asked by one reporter why I had waited so long to introduce these two bills. The short answer is that I was asked to hold off until the exchange legislation was voted on in the House. My agenda for this next week will be extremely full and I intend on working a lot of hours to death.

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By Representative Tom Loertscher, R-Bone

Our house chaplain, Pastor Tom, usually starts the day off with a quotation accompanied with a Scripture. One from this last week was a quotation from Sylvester Stallone, “I am not the smartest or most talented person in the world, but I succeeded because I keep going, and going, and going.” At this stage of the session we certainly don’t want to just keep going and going but it will take some sticking to the task to get it done.

I was talking to a member of the Appropriations Committee just prior to one of the floor sessions starting and I asked him if all the money was spent yet. He said, “Pretty much, and maybe a little more.” We are required to have a balanced budget by our state Constitution so we do have to make sure that we don’t overspend . The tricky part in all of that is to make sure that the revenues are there and come in as anticipated. Even though the revenue numbers were up for the month of February, they do not reflect any income tax refunds that are being sent out to taxpayers. Some of those numbers will not be seen until we see what happens in March and April.

We had an introduction hearing in the state affairs committee a few days ago that would increase the brand inspection fees used for predator control from five cents per head to an additional twenty five cents per head as would be requested by the Idaho cattle Association. Interestingly enough, the destination for the funds would be to the sheep and goat fund and ultimately would be used to finance the federal predator control folks. If I read the bill correctly, it seems to me that it will be imposed only on cattle, horses and mules. Some of that discussion came up in committee prior to introduction but the bill was sent on for discussion in the Agricultural Affairs Committee and will be up for debate first thing Monday when we go on the floor the House. To me this looks like a fee being imposed on producers who have not caused the problem (wolves) in the first place. I’ll be voting no.

We are now seeing the fiscal year 2014 budgets and so far all have passed the House. There are some however, that have had quite a few no votes. When I voted no on a particular budget this past week my seatmate asked me why I voted against the appropriation. I told him that I tend to not support appropriations that exceed the percentage increase in our projected revenues.

Health insurance exchange legislation that has been modified from what the governor proposed, has been passed out of the House Health and Welfare Committee and will be seen early in the week for full debate by the House. That should be one of those things that will keep going, and going, and going.

This is what I call one of my marathon weekends, where most of what I did was drive. Linda doesn’t always go with me when I travel to other parts of the district, but this week as we traveled to Preston for the Franklin County Lincoln day celebration we had an enjoyable trip and a delightful time visiting with the folks there. This is also one of those perfect storm weekends. Mixed in all that, was the change to daylight savings time. How vain can man be to think he can save daylight. Oh well, we’re tough and will stick to it but with a little less sleep.

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by Representative Tom Loertscher, R-Bone

During the week I caught two Capitol press corps reporters standing on the sidewalk east of the Capitol comparing notes and writing like crazy in their little notebooks. I just couldn’t resist the opportunity to stop and visit with them. I told them that they reminded me of what a former State Senator, Dane Watkins, had said about these types of situations. “All we know is what we tell each other,” was how he put it.

For those of you who have followed the Legislature over a period of time, you would probably say that this is about the time of the session when things start to get a little interesting. Currently we are between the stages where the Joint Finance and Appropriations Committee is setting budgets and when we start to see them for action on the floor of the House. So far, all we have seen are the corrections to the current year’s budget that we set last year. This is a normal activity around here because we find adjustments are needed because things have changed since the budget was set.

Second Amendment legislation is progressing in the House. Two of the measures passed the House this past week, one of which was the bill that provides for an enhanced concealed carry permit. It would make our permits recognized in several other states that don’t currently do so. Those who hold existing permits will continue on as they now are. Two other Second Amendment bills cleared the State Affairs Committee and were sent to the full House. One of those bills generated public comment of a very emotional nature. One person who testified crossed over the line and it was necessary that I use the gavel to reinforce our efforts to deal with these emotional issues in a civil manner. I for one am grateful that these are very rare occasions.

There has been some discussion about federal sequestration and its effect on Idaho, but no changes have been made in our current budget to reflect anything that is happening along those lines, at least not yet. The number crunchers are working behind the scenes to determine if and by how much corrections in our budgets need to be made.

There is still much talk around these halls about the personal property tax issue, but as of this writing there has still been no legislation proposed to deal with the issue. I was reading one of the newspapers over the weekend and one of the comments there was that local government entities and all other taxing districts have been very effective in having their points of view heard. It’s my best guess at this point, that the proposal has lost some of its traction.

Health exchange legislation has still not be been heard in the House Health and Welfare Committee. The lobbying effort has been extraordinary but an even bigger effort has been made by our constituents at home. There is no doubt about how our folks feel about it, they are about 90% opposed. To say that we live in interesting times is definitely an understatement.

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By Representative Tom Loertscher, R-Bone

This week I have been reminded a great deal about the comic strip “Pogo”, and if there is anything that can date you, remembering Pogo is it. In my younger years I really didn’t think it was that great, but I found some things in there that made my day from time to time. “We have met the enemy and he is us” is probably the most quoted of his lines. It looks a lot like that around here sometimes.

The pace his picked up and the issues are coming at us from all directions. The School Boards Association came to town last week, and there was opportunity to visit about their concerns. One comment I heard around the lunch table was that if the personal property tax repeal were to take place without replacement dollars they would just hand over the keys. Other discussions were about tech in the classroom, No Child Left Behind and seemingly useless reports required by the Department of Education. The ISEE report (I have no idea what that is, but will find out) takes a lot of time and personnel, and is not of any use for the districts. My take-home assignment is to track that down at the Department.

The Mining Association was also in Boise last week. In our group we talked about how vital mining is to our economy and the products that come about because of these resources. For example, there is about one pound of molybdenum in two ton of ore, which is a lot of material to move. Moly is used for lubricants and is one of the necessary ingredients of stainless steel. Imagine all of the things stainless is used for and it becomes clear how important our Idaho resource is. And you can make the same case for our silver mines in the North, and our phosphate and pumice mines in our area.

Another thing that Pogo talked about from time to time was Friday the thirteenth. It may not be a direct quote, but “Friday the thirteenth came on Wednesday this month.” Some around here were feeling that way as some of the Freshman Class got out in front on the Heath Insurance Exchange legislation. You have to admire their initiative in doing so. However, declaring a position on an issue before the details are fleshed out can come back to haunt you.

The Saga goes on in State Affairs and last week we had what one member of the committee termed The Big Four, elections, alcohol, gambling and guns. Another committee member, who is new to the committee this year, remarked that it is never boring to be on State Affairs. And that is pretty much how it is. The variety of things we work on is a good lesson on the inner workings of state government.

I was cornered up by a TV station at home, questioning the integrity of the members of State Affairs. It is my pleasure to defend them. They work hard and I am proud to be associated with them. And as for Walt Kelly, maybe the enemy is us, but sometimes it feels like it is someone else.

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By Representative Tom Loertscher, R-Bone

There are a lot of things that happen in the legislature that don’t make the news much and in spite of that some of them have significance of a sort. Everything we do here is important to someone. One item I found interesting last week was a Concurrent Resolution (one that passes both houses of the legislature) that came out of State Affairs and was passed on the House Floor. It was a resolution commemorating the one hundredth anniversary of Power County. When the American Falls Dam was first constructed it necessitated moving the whole town. Not a big deal? It is a lesson for us now in that people then recognized how vital water would be to the future of the whole area. Water is no less important today.

Another proposal this past week that came to the State Affairs Committee was a measure that would have required the media to release the identity of an anonymous blogger when libelous statements would appear on a blog. It was in response to an incident in North Idaho where an individual was falsely accused. The committee worked the presenter over pretty hard and one of the interesting comments made was there really was something that needed to be done but this (bill), as one member of the committee put it, wasn’t soup yet.

Behind the scenes for some of us this week was a meeting of the Catastrophic Health Care Cost Board. The Director of the Department of Health and Welfare made us aware of changes coming to Medicaid that will push more caseload to the CAT fund and the counties. I wonder if that is a way for Washington to “encourage” Medicaid expansion. Remember how last week I mentioned putting a bill together for major changes to our medically indigent law, and that it might cause a stir? Not long after the discussion with the CAT Board, I received a call from the H&W director wanting to talk.

Quite a debate, also a bit behind the scenes, is to know how and if the legislature should include recorded archives of floor and committee debate as part of the official record of the proceedings of the bodies. As it stands now the minutes of the committee meetings and the House and Senate Journals are the official records for use by the courts and the public. We have an intern that is researching how other states are addressing the modern era because almost anyone with an internet connection can record the proceedings of the legislature. It may not be the kind of thing that would seem important, but from time to time it comes up, just what were they thinking?

There are a series of “gun bills” that will soon surface and there are several liquor licensing issues soon to hit as well and some lottery and horseracing items that are being talked about. So it looks like a busy time ahead. And we will deal with them one at a time, and knowing the State Affairs Committee, they will be examined very carefully. Will they be soup yet? We will see, we will see.

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By Representative Tom Loertscher, R-Bone

A man by the name of Joel Salatin, in his Folks, This Ain’t Normal: A Farmer’s Advice for Happier Hens, Healthier People, and a Better World said “A farmer friend of mine told me recently about a busload of middle school children who came to his farm for a tour. The first two boys off the bus asked, “Where is the salsa tree?” They thought they could go pick salsa, like apples and peaches.”

This reminded me of a conversation I had last week with one of the new members of the House about getting a bill ready. The question he asked was just how the idea would come before the body and so I explained how a bill is drafted and how it is brought before a committee and how the process works. You don’t just pick it off a tree.

A bill on Health Insurance Exchanges has been introduced in the Senate and is one that I would recommend every one read. It is Senate Bill 1042. A couple of the interesting parts of it are that it will set up a brand new bureaucracy, and that it would not be overseen by the legislature. One of the things we do not know is if it will comply with the requirements of the Secretary of HHS. I have an abundance of mail on this one and it is good to get the comments. The Farm Bureau has come out in opposition as well as some other grass roots groups. My plan is to go over it with a fine toothed comb.

A bill has come forward that wants to establish a State Water Plan. While at this time it may not have a lot of impact on the Bear River drainage, it certainly could have impact over time. The larger focus seems to be on the Upper Snake and the issues surrounding aquifer recharge. This is another that will take a lot of review and make sure that the details are addressed.

JFAC is going through the budget hearings and they are going to set some of the budgets that will have to do with last year’s matters. One of those is the so called “Use it or lose it” dollars for the school districts. It would be my best guess that those moneys will be protected. We are hoping to see some technology funding for infrastructure be made available to schools as well.

All is quiet on the Medicaid front for now but that may change as we begin discussing the pros and cons of expansion. I have a bill for that mix that will probably ignite things on that front. More on that later.

Brian Brett is quoted as saying, “Farming is a profession of hope.” And I suppose you could say that about what we do around this place. We hope we get it right, we hope we do no harm, we hope we don’t cause unintended consequences, we hope…

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