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Activity has really picked up at the
Capitol. Remember, you can watch or listen to all the action live at http://legislature.idaho.gov/.
This is also the site where you can follow bills and watch committee hearings or
the house and senate sessions to see laws legislators are passing on your
behalf. It is a good resource for holding your legislators
accountable.
Rep. Nate’s three important
issues of the week:
Tax Conformity Bill H425
An unconstitutional tax conformity bill came through the Revenue
& Tax Committee last Wednesday.
After a few legislators expressed concern about how it violated Idaho’s
Constitution, and in order to avoid (in my opinion) “a house floor fight,” the
bill was rewritten and presented a second time to the committee on Friday
morning. The committee voted (not unanimously) to fast track it straight
to the floor that morning. Here are the two versions of the
bill.
Original bill (H354): http://www.legislature.idaho.gov/legislation/2016/H0354.pdf
Rewritten bill (H425): http://www.legislature.idaho.gov/legislation/2016/H0425.pdf
As a liberty and constitutional minded representative, it was very
discouraging to me that a majority of legislators opted to ignore our
constitution and cave to pressure to by allowing gay marriage in Idaho to be
recognized via the State Tax code. This is a direct violation of our
Idaho State Constitution. In Article 3, Section 28, it
states: “MARRIAGE. A
marriage between a man and a woman is the only domestic legal union that shall
be valid or recognized in this state.”
This was, and still is a big issue. Legislators who voted for this bill without
first removing the amendment to the constitution are in direct violation of
upholding their oath to the state constitution. The bill passed PASSED 54 to 16. You can see how your legislator voted here: http://legislature.idaho.gov/legislation/2016/H0425.htm
Accepting this “new” definition of marriage by sneaking it through
our State Tax Code was more about the damage it did by weakening the state’s
constitution than it was about the issue itself.
We questioned the State Tax Commission during the Revenue and
Taxation Committee hearings about how they could pursue such a bill when it was
known to be in direct violation to Article 3 Section 28 of our constitution. Their answers were not convincing to either
myself or for Representative Heather Scott (R-1). Sadly, we were joined on the floor by only a
handful of others who believed upholding our oath protect and preserve to the
state constitution was more important than merely conforming to the latest federal tax
rules.
Con-Con Spreading
through the Capitol
The
term “Con-Con” refers to the latest push for calling a Constitutional
Convention of the states in order to amend the U.S. Constitution. Frustrated by perpetual overspending by the
federal government, some legislators think the only path is to call a Con-Con
to add a balanced budget amendment (BBA) to the Constitution. While the motives for the Con-Con are justified;
the reality of calling a Con-Con is a scary gambit that could lead to a runaway
convention. Can you imagine what
delegates from other states could and would do if they had a chance to make any
changes they wish to the Constitution?
Despite
the claims that delegates will be bound to one topic area, the rules of the
Con-Con may be amended any way the delegates wish once the Con-Con is
convened. I don’t trust the process, I
don’t trust the yet-to-be-named delegates, and I don’t trust that the
rights/desires of the smaller states would be protected. I don’t think we have many statesmen the
likes of John Adams, James Madison, or Thomas Jefferson are around today in
order to ensure the protection of the U.S. Constitution as it is.
Here
is a video explaining how the Con-Con could go awry: https://www.youtube.com/watch?v=7TX2IaKI-wE&feature=em-share_video_user
There
is another way to amend the Constitution—and it has been used repeatedly to add
amendments over the centuries. It
requires 2/3 vote of both Congressional chambers, plus ratification by 3/4 of
the states. That is the best way to
ensure that the amendments are restricted to the area in question. There is no chance of a runaway convention,
when the convention process is not used.
Unfortunately,
the push for a Con-Con resolution here in Idaho is gaining momentum. While 34 states are needed to make the
Con-Con a reality, Idaho would be the 27th state. That is too close for comfort. Citizens can contact their legislators to
make their views known by emailing or calling them. To find your representatives’ and senators’
contact information you can go here to find your legislator: http://legislature.idaho.gov/about/idmap2.pdf and here to get the addresses and phone numbers
for them: http://legislature.idaho.gov/house/membership.cfm http://legislature.idaho.gov/senate/membership.cfm
Committees: Is Idaho a State or a Subsidiary?
The Environment, Energy, & Technology Committee (where I
serve) has completed voting on the hundreds of pages of government agency rules
which were presented mostly by Idaho Department of Environmental Quality
(IDEQ). It is very frustrating to see how much control IDEQ and
Idaho are willing to cede to the federal government by inserting EPA
regulations into Idaho code. We are literally inserting thousands of
pages of EPA regulations right into the state code at a rapid speed with very
little, if any, citizen input or state oversight.
Last week, one rule, the Idaho Pollutant Discharge Elimination
System Program (IPDES), was passed to conform with the National Pollutant
Discharge Elimination System Program (NPDES).
This rule was 118 pages long (all new Idaho law) and it “incorporated by
reference” over 1200 pages of federal law.
The committee couldn’t see the 1200 pages of new federal law that was
being adopted, but was asked to trust the Idaho Department of Environmental
Quality (IDEQ) that what was being done was good for Idaho. This one rule (among the hundreds of others
adopted in committee) further makes Idaho a mere subsidiary of the federal
Environmental Protection Agency (EPA).
IDEQ is now the enforcement arm of the EPA. It must follow EPA rules and it cannot
deviate. We are paying nearly $30
million of Idaho money to help run the federal EPA program, and we get no local
control for it.
I believe the affects of these actions will have long term
implications and consequences for Idaho citizens and businesses. The IDEQ
is quickly becoming an enforcement arm of the federal government. A
radical liberal environment group testified in committee last week indicating
their great pleasure at the progress Idaho has made implementing all the
various federal environmental code. With the state bowing to nearly every
EPA demand, I believe environmental groups will take every advantage to file
new lawsuits against citizens and businesses at tax payer’s expense.
It was very disheartening to hear a fellow representative relate a
conversation she had with another “more seasoned” lawmaker. She was told after a committee meeting that
“our federal government is like the parent and we, the state, are like the
child who needs to do what they say.” This
way of thinking entrenches us deeper into the mess we are in at a federal and
state level.
Bills to Watch
o
HJR 1 – A
resolution to amend the Idaho Constitution to protect education assistance to
Idaho students. Specifically it makes it
so scholarship and grants to students who may wish to use them at any school,
including church-affiliated schools, are permissible and constitutional. This
bill is in the House State Affairs Committee.
It was scheduled for a hearing on Thursday, February 11th,
but the Committee Chairman cancelled the hearing for no apparent reason. If you think the bill should be heard, you
can express your views to the State Affairs Committee at hstaf@house.idaho.gov.
o
H422 and H423 –
Along with Rep. Scott (District 1), these two bills to address a confusion in
Idaho law concerning the carrying of concealed weapons without a permit. The bills would make it so Idahoans could
carry concealed weapons without a permit anywhere in Idaho that is not
prohibited by state or federal law (like schools, etc.). These
bills are in the Ways and Means Committee awaiting a hearing date. You may contact the Ways and Means Committee
at hway@house.idaho.gov .
o
H420 – A
bill to repeal the state’s requirement that all Idaho school districts must
administer the SBAC (Common Core) test to their students. It leaves the option open, however, if
districts choose the SBAC themselves.
Also, students would not be required to take the SBAC for graduation. This
bill is in the Ways and Means Committee awaiting a hearing date. You may contact the Ways and Means Committee
at hway@house.idaho.gov .
o
H421 – A
bill to repeal the State Health Insurance Exchange. The state health insurance exchange has been
an expensive and frustrating endeavor.
It has cost over $70 million to set up, it binds Idaho to all the
federal rules, leaving no room for Idaho solutions. And, it has lead to a virtual monopoly in
health insurance “choices” for Idaho citizens—only a few insurance companies
have been permitted space on the exchange.
All the while, Idahoans’ health insurance premiums and deductibles have
skyrocketed. This bill is in the Ways and Means Committee awaiting a hearing
date. You may contact the Ways and Means
Committee at hway@house.idaho.gov
.
Other bills in the works:
o
A bill requiring abortion providers to give
information to women about where and how they can get a free ultrasound prior
to an abortion. This bill will likely be introduced into the House State Affairs
Committee next week.
o
A bill to ban “dismemberment abortions.” These abortions are horrific, late-term
abortions that Planned Parenthood and other providers conduct—sometimes for the
purpose of harvesting the unborn baby’s organs.
This bill will likely be introduced
into the Senate State Affairs Committee in the next week or so.
o
A bill to restrict and limit the dollar value
of gifts given to legislators by lobbyists and other special interest groups. This
bill will be introduced into the House Judiciary and Rules Committee next week.
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The very first thing we did on the very first
day on the floor of the House was to take an oath to defend and support the
U.S. and Idaho Constitutions. I swore to
that oath that day and I will not break it.
Many issues come before us that put our oath to the test. Good legislators see these bills for what
they are and how the either square or don’t square with the Constitution(s). We keep our oaths. Fortunately, there are many others in the
Idaho legislature who share my views.
However,
I am disheartened to see many legislators who are either unaware of the Constitutional
implications or worse, see them as unimportant.
This is where you, the citizen, the voter, the parent, the taxpayer,
etc. come into play. As you probably
know, citizen input is very important and influential. When you and others contact legislators, they
have the power to protect rights and keep their oaths.
Protecting
Idahoan’s freedoms and liberties are my core responsibilities and I am not
afraid to be a lone voice for these important values whenever necessary. I
am honored to work with you and to represent you and your interests as we work
through the 2016 legislative session. I
am here to protect and preserve your rights and that is my key focus on each
and every bill and vote. When you see an
issue coming that needs attention, please contact me. I am here to serve you. Together, we can keep Idaho great and free.
If you know someone who would like to receive this
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