Tim  Corder (R) State Senator

Idaho Legislative District 22

 

   Senator Tim Corder has proudly served District 22 since 2004. Currently, he is Chairman of the Local Government and Taxation Committee and serves on both the Transportation and Agricultural Affairs committees. Tim also serves on the Health Care Task Force, Mental Health Subcommittee, Early Childhood Coordinating Council, and the Idaho Commission on Hispanic Affairs.

 

Week Twelve 2012

 

   This is the last week and I have revised this very paragraph.  H563 (Income tax relief) passed out of committee and ultimately passed the Senate yesterday.  The Senate adjourned last evening at 7:00 PM.  I voted against the bill in committee and no in the Senate and then changed my vote to aye.  It is lousy policy to use one-time money for ongoing tax relief and then sell the deal as a republican compromise package of good fiscal expedience.  My website has more details on H563.  I did get to vote for restoring teacher salaries and for putting $35 million in savings – the reason I changed my vote on 563. 

   There is a difference between compromise and consensus.  I suppose each legislator draws philosophical and political lines in the metaphorical sand when they begin the session.  The thing about sand is that one can move the line and previous locations get completely forgotten or dismissed.  The definition of fiscal conservatism has changed since January because people want to go home and campaign.  H563 is only $35 million – what the heck!  In January we were looking for the very best way to encourage broad economic activity and restore structural balance to the budget.  At the end of March people just want to go home.

   Of the three bills I started two have made it.  Idaho Code 12-120 has been amended to give more access to the courts through the assurance that attorney’s fees can be collected for the prevailing party.  Children in foster care will now be better cared for because new law will allow foster parents and the department of Health and Welfare to share information about the children under the care of the state.  These reforms have been too long in coming to fruition and I am very pleased with their success.  The third piece having to do with dangerous dogs was once again caught in a political shuffle.  It will need another try next year.

   As chairman of the Local Government and Taxation Committee I must exercise discretion over what bills are heard or not.  I make those decisions on the merits of the bill.  There have been many different ideas about tax policy and local governance this year that have stopped at my desk.  My discretion on House bills has a political cost: dangerous dog legislation.  I will use different strategies next year to see that legislation important to the district is successful.

   Legislation has been passed that broadens the eligibility for energy conservation deductions.  If you own a home built between 1976 and 2002 and you are adding insulation or changing windows or other conservation measures you may be eligible for an Income Tax deduction.  Current law provides that homes older than 1976 are eligible for improvements, though the new legislation narrows the scope of qualified improvements a bit.

   Boise County may yet have a legislative solution.  The previous bill died in the House on close margins.  The current bill is a remake of the former that failed except that it has an election provision and will cease to exist after 2017.  It has now passed the Senate.  Next, it must pass by a simple majority vote in the County.

   I misspoke at a recent meeting at Idaho City.  To clarify: in Idaho there is no Errors and Omissions insurance coverage available for land use planning decisions.  Ordinances, zoning, following state and federal laws to the letter, and having competent legal counsel are the only protections against litigation.

   A bill to allow the auction of game tags has passed both houses.  Another, to restrict Idaho Fish and Game from closing certain roads to ATV’s on Federal lands failed to pass the Senate.  Another bill that classifies and exempts developed properties as “Inventory” from speculative value has passed both houses.

   The “Inventory” bill warrants further comment.  Some decades ago reasonable people decided that development of property and growth in communities should be planned in a way that encouraged long-term developments and large parcel platting.  It was held that to accommodate that goal a developer’s discount might be needed to exempt speculative or unrealized future value.  In 2005 I carried the bill that repealed that discount because it had been abused and values were not realistic for property tax.  Under the discount, land stayed at the agricultural value until the house or business was occupied with no intermediate value.  That wasn’t fair.  After the repeal, developers began to reduce the long term planning approach and some counties began to assess at nearly the completed value – that wasn’t fair either.  This bill establishes a mid-development value for purposes of taxation that reflects the investment in the property and not the future unrealized value.  Only the original developer qualifies for the exemption; any transfer of the property removes the exemption.

   Idaho now will have a felony provision for animal cruelty and, subject to voter approval, an amendment to the constitution that protects hunting and fishing in Idaho.  We have restored the authority for counties and cities to issue Conditional Use Permits, prohibited texting while driving, and given the authority to set speed limits on state highways that lie within cities, back to the state.

   Once again it has been my honor to serve you.  God willing, I will have another opportunity to do that next year.  Please feel free to email or call over the summer.  I look forward to seeing many of you as I travel through the district.

 

I sincerely thank you,

Senator Tim Corder

 

Week Eleven 2012

 

   The end of each session is very difficult.  Finding the piece of legislation that will take us all home and thus reduce the threat to your freedoms is messy work.  It looks like the tax relief bills will be the “going home bills”.

   Along the legislative journey to the messy end of session there is often a bill or two that causes great anguish and forces people, especially in an election year, to choose expedience over conviction.  Black and white are easy to discern but shades of grey are much more difficult; made even more difficult by religious, ideological, or constitutional conflicts.  I try not to judge the motives of others, but when I am forced to vote on a bill that seems heavily influenced by religion or ideology and which also seems to slide constitutional balance away from the center; I tend to push toward constitutional centricity.

   A ruling majority today, conceivably, may not be the majority tomorrow.  I see great danger in allowing any majority a bully pulpit; particularly if that majority demonstrates a propensity toward religious or ideological predispositions.   Therein lays a painful conflict when voting on some legislation.  Which minority should be protected?  How does one prorate a vote? 

   Such was the case with S1387 known as the vaginal ultrasound bill and S1348 known as the conscience or futile care bill.

   I interject here points six and seven from the Idaho Republican Party Platform.  “We believe the proper role of government is to provide for the people only those critical functions that cannot be performed by individuals or private organizations”, and “We believe the most effective, responsible and responsive government is government closest to the people.  That the government is best that governs least.”

   S1348 would create law that says that the end of life instructions a person completes may never be violated, even by a physician.  No reported abuse of current law was offered as evidence for a change in policy.  Then why propose a solution to a non-problem?  I could have voted for the bill knowing very little, if anything would change; but I didn’t, I voted no.  I do believe in personal responsibility.  I do believe in less government.  I do believe that government should not push itself into the lives of people, especially in the most intimate and private times of their lives.  The bill would prohibit family members from intervening or contradicting a person’s directives and under certain conditions, would force physicians and family members to provide care that was deemed futile by the physician. An example would be: suppose a person became comatose and had left instructions through a directive (living will, durable power of attorney) that only comfort measures be used until the end; if the doctor determined that a medication would result in consciousness or even recovery, he could not administer the drug nor could any family member intervene.  Conversely, if a person had declared, in some sort of directive, their desire to be sustained by any means and became comatose with no medical hope of recovery, the doctor and family would be forced to provide all care possible even though it was deemed futile by the doctor.

   S1387 requires a physician, as part of informed consent consultations, to require a woman to see the image of a fetus before an abortion assuming the visual image would change the outcome. 

A vaginal ultrasound may even be required to acquire the image.  There was no provision to accommodate medical emergencies, such as a woman with a tubal pregnancy where the doctor would be forced to acquire an image and require the woman to see the image before the fetus is aborted.  A more cruel, intrusive, and egregious act I can hardly imagine. 

   Idaho has had an informed consent law since 2006 and has required the collection of data since 2007.  Informed consent requires that information be given about abortion and all the alternatives that should be considered.  Ultrasound images are currently optional unless there is a medical necessity determined by and between the doctor and the woman – not the state.  In 2010, 1509 abortions were performed in Idaho (it is not known how many of those were medical emergencies) and of those only one person was not given preoperative educational materials and options.  That person was received in an emergency room as a result of an automobile accident.

   Let me be very clear.  I have a pro-life voting record.  Except under the types of emergencies described above, my conscience requires me to defend the lives and rights of the unborn. 

The Republican principles quoted above are based on the Constitution of the United States that guarantees equal rights for all people.  As much as I would love to see the constitutional scale move to the side of the unborn; I could not support a bill that pushes the state further into our lives.

   The House of Representatives has chosen not to hear either bill.

   Next week I will offer some final thoughts on the session.

 

Week Ten 2012

 

   House Bill 464 is about drilling for oil and gas.  However, H464 is much more than that.  Under 464 the Department of Lands would have regulatory authority of the activity and where the drilling occurs in a county.  Under H464 cities and counties would have restricted aesthetic and ancillary authority but they would not be permitted to limit or restrict the activity itself.

   This is more than an argument about property rights or fracking (fracturing layers to allow the flow of gas) or local control.  Some years ago a Democrat Senate Minority Leader proposed a plan for a regional site authority to make decisions with respect to where such things as large power generators, wind towers, or even large dairies should appropriately exist.  The general premise was to protect individual property rights while acknowledging that there are activities that one individual, or county, can undertake that might have significant impact on the neighbors. 

   The idea was shot down, legislatively speaking, because it was usurping local control.

   At the same time, there has been a growing distrust of state agencies by Republican legislators.  Agency proposals and actions are often considered to be synonymous with bigger government and those same agencies are deemed to be anti-libertarian.

   The Great Recession happened.  Oil and gas reserves have been discovered in the United States and feverish economic activity has begun in certain states with more to follow.  Idaho is certainly in line to become the benefactor of new technology and discoveries.  With a focus towards better times and prosperity statewide, H464 successfully usurps local control and hands it over to a state agency.  It was even suggested that a well at the foot of the capitol steps would be just fine – and it would be for some.  Some of us, though fully supportive of the industry, believed that one more opportunity to evaluate the role of local control was entirely appropriate.  Even that opportunity to evaluate some final proposals was taken from us and you Monday. 

   I do not recollect when I began to understand the meaning of the word irony but I know it when I see it.  A majority has a very profound responsibility to listen to and protect the minority:  first, because a really bad minority idea one day may be a really good majority idea on another day; and second, because the majority that does not listen respectfully and with appreciation to the minority might one day find themselves in the minority.

   We are coming down to the line on tax relief.  We recall that the Governor started the legislative year in the State of the State report by asking for $45 million for tax relief while specifically leaving the details to the legislature.  The Governor has changed his mind and made a choice and so has the House.  The Senate is not so certain. 

   Idaho has a constitutional requirement to have a balanced budget: meaning, expenses must equal revenues.  Idaho has no requirement to certify structural balance: meaning, ongoing expenses equal ongoing revenues and one time revenues not be used to cover ongoing expenses.  The budget committee (JFAC) has set budgets and determined that $61 million of forecasted revenues has not been appropriated.  The forecast is made on a very optimistic projected 4.5% growth rate.  Emphasis added. 

   The Governor has chosen an Income Tax proposal that would lower the rate of Income Tax for corporations and individuals.  The rate change would reduce taxes for the top 17% of wage earners.  A couple filing jointly with two children and earning $100,000 Gross Income would save $71 income tax: that is not a typo.

   The House has already passed the bill in support of the Governor’s plan.  The Senate is divided.  A slight majority, me among them, would prefer to put the $61 million in savings in anticipation of reduced federal spending towards states, additional economic difficulties, additional demands on corrections, and a general distrust of reliance on the words projected and forecasted.  Spending money we don’t have even on tax relief just does not make sense.

   Just in case the Senate must make a deal with the House and Governor, my task, as Chairman of the Tax Committee is to find the compromise position between tax relief and savings.  I have a proposal for Personal Property tax relief that would eliminate the reporting requirement thus eliminating the administrative burden for counties and all small business.  This proposal would completely eliminate Personal Property tax for 95% of the businesses in the state; perhaps 80% of those are individual tax payers.  They are main street America.  

   The proposal would put in place the process for full replacement dollars to the counties and provide an orderly and defined process that uses an economic trigger to activate phase two (the balance of the PPT [5% remaining]) and provide a mechanism for the legislature to stop the process once triggered.

   That is my task and I need to get back to it right now.  I will have more to report next week.

 

Week Nine 2012

 

   I promised more information about Boise County and Alamar.  This is important to each of us because the legislative solution for Boise County will apply to the entire state and because the cause of the difficulty presents an opportunity for us to learn more about local government responsibility.

   Another bill, with similar application before the legislature, takes authority away from counties to determine the site locations of oil and gas wells claiming that county authorities might not have the “big picture” in mind and may not have the expertise necessary to make a decision impacting the state, not just their county.  Companies and people can put pressure on elected officials, at every level, to make decisions perhaps not in the best interest of the majority.

   Alamar was a proposal for a Residential Treatment Facility for teens and they wanted to build a facility in Boise County.  Some of the county residents objected and the county officials tried to comply with the will of those residents.  In doing so they violated the Federal Fair Housing Act and as a result the venture failed.  Alamar sued and won.  The County is obligated to pay more than five million dollars including plaintiff‘s attorney fees.  Much can be argued.  Nothing is to be gained in that argument except – whether one is a county commissioner, a city council person, or member of a library district; follow the rules to the letter.

   Boise County residents have been thrust into some complex issues and helping people understand the options is extremely difficult. The following comments are excerpts from a letter sent to Boise County residents earlier this week.  I apologize for the repetition Boise County, but the words are worth repeating for every county and every resident.  Change the names and circumstances and some of this will seem all too familiar.

   The issue before you all is complex and introduces many elements never before considered.  Frustration, uncertainty, and anger often find outlets and recipients in those we have easiest access to. As a result, I am hearing so much suspicion being directed toward Commissioners and government in general. It seems that some of the distrust and suspicion is the result of changing information.  "The story keeps changing" is what I hear, and "they don't know what they are doing".

   It has been my experience over the last eight years, in service to you, that the more complicated a subject or solution might be the more difficult it is to even understand the appropriate questions to ask.  Often, in such circumstances, we must start to act upon what we know and be prepared to adjust dramatically to what we learn in the course of our due process examinations.

   So yes, some information is changing and as a result is coming closer to finality with each question and each answer.  It is true your Commissioners have not known all the answers:  they could not have known and neither could anyone else.  Even the attorneys have been confronted with questions for which answers were not readily available or initial judgments required change.  That is the nature of these complex solutions.

   Residents were and are clamoring for information and you wanted it yesterday.  I encouraged the Commissioners to get information out early even before they had all the facts while there remained unanswered questions.  I still believe that was a good decision, even though the changing information is now being used by some as evidence of ineptitude or dishonesty.  The majority of you know that far too often we cannot have it both ways.  This is one of those times when information is coming out as quickly as it is made available and is being adjusted as promptly as new questions are asked and new answers provided. There is no precedent to follow in this situation.

   I urge you to be patient with the process and persistent in your demand for updated information.  Your Commissioners are representing you in public and in plain view and I am convinced there is no effort to do anything but what is best for the county.  This is painful for all of you.  Please work to restore confidence and reject the conversations aimed at division rather than solutions.  The Boise County legislation is moving forward and it will give you choices.  These are choices that can be used by you and your Commissioners to secure the best result and future for your county.

   Boise County has always loved a fight.  Now is not the time!  You are the government; show the next generation how it is done.

   Next week I will update you on taxes and some other issues.  Thank you for your patience.

 

Week Eight 2012

 

   The internet and the current technology revolution really is a wonder.  Some in my generation just wonder why – really.  Calls and letters come to the legislative information center, to be forwarded to me, with addresses to which I respond.  More often now I get a great many returned because the address was bogus.  Likewise, the emails flow in from cities, purportedly in Idaho, that do not exist.  I do respond to every constituent within hours and, if I have time, to other Idaho residents.  Idaho has an excellent reputation for legislator accessibility: some advocacy groups are taking advantage of and abusing that accessibility.

   Federal Judge Winmill has determined that the “Occupy” tents can stay up at the Capitol Annex as a right of free expression.  The Judge did support the action of the legislature in restricting camping on the site.  A number of you have passed by or visited the location and have expressed various sentiments to me – many of which I dare not repeat.

   Senate bill S1305 has become known as the “stake out your dog to kill a wolf” bill.  This bill has become the source of most of the illegitimate correspondence described in paragraph one.  The sponsor has said his purpose is to raise awareness as to the plight of livestock producers and educate the masses about the need to control this predator. Because the only addition offered by the bill, to the current arsenal of control measures is the aerial pursuit; I fear the wrong message is being proclaimed.  The wrong message will alienate those in animal agriculture from many other groups and individuals.  One of the emails I received suggested that ranchers should build barns for their animals to have their young in the forest.  Clearly, education is needed but negative education will not serve any of us well.  The bill has now been withdrawn back to committee where it will remain.  The sponsors are now looking at other appropriate ways to get the message out to the public about the devastating impact to wild herds and domestic livestock.  Here is one link that has been forwarded to me: www.montanacattlemen.org/wolf_Reportings.  There are other examples from wildlife advocates and livestock advocates.  This is a very emotional issue where those on every side are very passionate.  Before you take a side please take time to do some research and make an informed decision.

   In the world of taxes and tax relief a number of things are under way.  Let me say again that the budget is very tight and will certainly not accommodate the $45 million requested by the Governor.  The looming question is whether we should even be considering additional tax breaks other than the ongoing food tax credit, or alternatively, to restore rainy day accounts.  You will recall that the bill being proposed by the Main Street Alliance and supported by the Governor’s office proposes to lower the Corporate and upper Individual Income tax rates.  Corporations are already able to offset part of their liability with the Investment Tax Credit on equipment: an amount they are able to carry forward fifteen years, thus potentially effectively cutting their tax liability and effective rate.  Idaho’s income tax is a progressive tax, meaning that as income rises the percent of tax also rises.  For these two latter reasons the proposed bill would be offering tax relief to only a very few of Idaho citizens.  I don’t think that is what you want.

   Alamar.  That means little or nothing to Elmore, Owyhee or Twin Falls counties but it is the subject of much discussion in Boise County.  It is also a source of division among residents.  I bring it up because there are lessons to be learned for elected officials and residents alike.  Many of you serve, or have served, on taxing district boards or commissions.  Each of those seemingly inconsequential boards such as Library, Cemetery, Recreational, Pest, or Fire districts have taxing authority and thus are bound by the same laws and obligations as City Councils or County Commissions.  There may be unique statutory characteristics defining each district but ultimately each has the obligation to follow the law to the letter – no shortcuts.  Not just local and state law but federal laws may apply.  Many meetings are held by such districts each year without legal counsel present.  While most meetings come and go uneventfully without need of legal counsel, there remains a risk that any of those meetings could result in a decision that puts tax payers at risk.  Even with counsel present (in person or by phone) there remains a risk: Mountain Home wrote a check to a church proving that point. 

   Boise County broke a federal law (Fair Housing Act) and was ordered by a court to pay damages and attorney fees to Alamar.  A Federal judge ordered the county to use all county budget Fund Balances to pay the judgment and sue the state in order to increase the tax levy above the existing 3% statutory cap.  It is an outrageous usurpation of state authority by a federal judge and I am pursuing ways to address that issue, but back to the drama.  Boise County made a sizable payment and is required to pay the balance over the next few years.  Legislation has been written that would allow the County to exceed the 3% cap but not to exceed 3.2%.  The county may still decide to operate without any reserves or cash balances and not levy additionally.  They might also, in the long term, conduct a referendum vote to levy requiring a 2/3 majority for approval.

   This letter is getting long: more about the plight of Boise County and the potential solutions next week.

 

Week Seven 2012

 

   Sometimes it is difficult to get one foot out of my mouth just in time for the other to slip in.  I don’t wake up and decide to be insensitive but there are times when I fail to consider fully all the implications of my comments until it is too late.  I apologize for any offense and I am grateful when I am given an opportunity to respond or explain.  I must, however, continue to take the risk and communicate with you as much and as clearly as I am able.  I do appreciate constructive criticism.

   There are new efforts to freeze the Home Owners exemption at the current or even a lower value.  Non-tax geek language:  we have been there and done that as a state. In 2006 the statutorily set value of $50,000 was lifted, we allowed the home-site value to be counted, we increased the value to $75,000, and tied the value to the Housing Price Index so the relative positions of economic sectors would continue to adjust.  A huge re-shift in property taxes occurred in 2006, when the limit was removed, shifting from homeowners to all other property tax sectors (business, agriculture, utilities, etc.).  The purpose of the index was to nurture an equitable environment among the various tax sectors that adjusts without further intervention.  Were the changes made in 2006 Sustainable? Yes!  Were the changes Systemic? You bet!  Have the changes been Synergistic?  Without a doubt!  Good Policy established by Process, Persistently applied with Preparation.  I am prepared to see it through and protect what we have.  Wow, this S’s and P’s stuff really works!  I might entertain a discussion on the appropriate index to use but I will insist on an index.  The HPI is more volatile but the volatility means it is adjusting faster.  Therefore, the shifts among tax sectors are occurring in smaller increments and are more reflective of the economy around us.

   A Constitutional amendment is being attempted to guarantee the right to hunt and fish in Idaho.  Sometimes we take that for granted and we should not.  In my eight years in the Senate, at least three other attempts have been made to place a Constitutional amendment on the ballot to protect the rights perpetually.  It is a tough challenge to accomplish that goal and not cause other serious game management issues in the process.  My view of this effort is that it also falls short of the mark.  When we set out to amend our constitution, even more than any other time, the devil really is in the details.  We must get it right the first time and try to understand long term and unintended consequences.

   S1283 died on a tie vote in the Senate.  By itself, that was historical.  The Senate had one Senator absent and the President of the Senate (Lieutenant Governor) was also absent and not able to break a tie.  The only time the President can vote is to break a tie.  The bill authorized land owners to sell the land owner appreciation (LAP) tags they are given by the Department of Fish and Game for controlled hunts.  There was no requirement that public access be accommodated.  My fear and the fear of sportsmen was that public access might be denied to increase the value of the LAP’s and restricted access might then create an environment where more depredations (kill permits when too many animals exist and are causing damage) would be required.  It is a fairly complex issue pitting private property rights, public game ownership, game management, and public access against each other.  Another bill is coming that will present a compromise position where access is a requirement for receiving the LAP.  That bill has a better chance of success.  Damage done to private property by game animals is significant and should be compensated.  There are other programs that attempt to do that with only marginal success.  The LAP tags were not intended to be a damage reimbursement but are intended to be compensation for habitat.  At best, the LAP does that extremely poor.  A better solution should be pursued by land owners and sportsmen and the state as a whole.  This is another area where the best interest of the state, whether one owns land or not and whether one hunts or not, is served by having plentiful big game animals, public access, and productive habitat.  Because of the collective best interest it should be incumbent upon the collective, not just the hunters or owners, to bear the financial burden.

   Wednesday was a sad day in the Senate.  Senator John McGee resigned from the Senate under allegations of harassment.  Investigations are under way within the office of the Attorney General.  The Canyon County central committee will provide the Governor with three names to replace John and the Governor will make a selection.  The republican members of the Senate will elect a replacement to serve as the Caucus Chairman.

   The “wolf” bill that allows aerial hunting after an attack on livestock passed the Senate committee yesterday and is headed for Senate vote.  Livestock producers are suffering severe losses as are our wild game herds from wolf predation.  This approach to wolf management jeopardizes progress made on delisting the wolf and in fact could jeopardize the 10J status that allows owners to protect and defend their animals.  So says Congressman Simpson, who has fought to get the 10J and the current management control.  Idaho Fish and Game has also expressed their concern and agreement with Congressman Simpson.  This could be a step forward resulting in three steps back.

Week Six 2012

 

   When I grow up I would like to be an editor – at least it might appear so from some of my letters.  With this letter I will try to resist the urge to editorialize and bring you up to date on a few other issues making their way through the extensive legislative process.

 

   Last week we held a joint meeting of the House and Senate tax committees.  Each speaking participant had the opportunity to step away from their respective and previously stated positions on tax reform and answer a question: what might be the best way to stimulate the economy?  A few of the participants actually used the time to offer suggestions that were wholly magnanimous.  I was disappointed by the performance of others.  Still, the exercise was useful to have both committees together hearing the same comments.  Regretfully, no consensus can be drawn from the meeting that will provide clear direction for a plan of action or defined policy.  To that end; I will continue to bring speakers to the Senate committee to educate and broaden our perspective of existing and potential tax policy as well as pursue the elusive consensus plan.

 

   Animal cruelty ‘light’ legislation made it through the Senate committee Tuesday.  I have received numerous emails asking for a stricter law.  The bill has a third conviction felony provision, but it only applies to one of the five severally existing definitions of cruelty and it does not have within it a definition of torture.  One goal of the bill is to leverage public opinion so the “1 of 3” initiative attempt scheduled for the 2012 ballot will be unsuccessful.  The initiative goes much farther than the legislation.  Among constituent requests are: mandatory sentencing, first conviction felony for torture, and a first offense cruelty felony provision.  If the initiative is successful, I believe next year the legislature will amend the law anyway.  Law by initiative has the same effect as legislated law and is subject to change just as any other statute.

 

   The legislation to update the Early Childhood Coordinating Council (EC3) died yesterday on the House floor even after the amendments to strike references to federal programs were incorporated.  A signed Executive Order should meet the minimum standards of the federal requirements to maintain eligibility for program dollars – I say should because time will tell.  It is easy to say we should do it for the children.  We should.  We should also do things like this because it is the logical and reasoned thing to do and just happens to also be the right thing to do.  So why did it fail by six votes?  The answer would require that I editorialize.  Suffice it to say that, very often, politics is a contact sport and is not for the faint of heart.

 

   For some folks, ethics has been and will continue to be on the agenda of things to do.  One of the ideas is to have an ongoing non-legislative ethics committee.  Complaints from anyone could then be filtered to the committee and the committee could then decide if action is justified.  There is good and bad in that solution or any of the other solutions for that matter.  Who watches the watchers?  Whose judgment is just or wise enough?  Most certainly, the House member that stole state property and doesn’t pay taxes and the Senate member that had too much to drink and walked outside in the cold and woke up in a vehicle that was not his have focused attention on our process.  They also focus attention on our humanity.  Willful intent or poor judgment; which one is an ethical violation?  One of the individuals has been adjudicated by the legal system the other remains in the legal process.  Both faced their respective legislative bodies.  Perhaps it was the decision of their peers we don’t want to trust.  Would we trust an independent ethics committee more?  When we fail to measure up as legislators or parents or citizens, we disappoint everyone around us and there really is no excuse that is satisfactory.  Those of us in office should respect the public trust and we should demand of ourselves an unassailable standard.  I suspect we will never have a satisfactory response for those times when our humanity erupts and must be confronted.  Never the less, we should try to find the appropriate path and I will support reasonable efforts.

 

   The ATV issue has been revived.  Still at issue is whether roads that are open to all other ATV traffic should be closed to hunters using their ATV’s on the very same road.  I believe I understand both sides of the issue fairly well.  An interim committee was established to resolve the issues but they were unsuccessful in doing so; arguably, some progress was made.  Managing game animals for harvest is a very important issue.  So is the non-hunting recreational ATV need for road access.  These two powerful and legitimate public needs and concerns meet head-on, pardon the pun, in very remote places and here in the legislature.  There will be more to come on this subject.

 

   Other Fish and Game issues include whether land owners who receive landowner appreciation permits should be able to sell those permits.  Land owners are given the permits to show them appreciation for allowing access to hunting on their property.  Generally, the permits are for those areas where hunting only by draw is allowed.  The concern is that if owners are allowed to sell their permits then access to the general public might be denied to increase the value of the salable permit; thus enabling the exact opposite effect.

 

   Stay tuned.  Things are speeding up and heating up.  Don’t hesitate to email or call.

 

Week Five 2012

 

   Last week I described my requisite three S’s for proposed tax change legislation.  They are: does the proposal produce Sustainable stand-alone results; will the change result in Systemic or naturally occurring economic vitality; and finally, will the effect of the change produce independent or Synergistic results?

   I also promised you a look at my four P’s.  The P’s aren’t just about taxes but they certainly do apply.  Here they are: Policy, Process, Persistence, and Preparation. 

   Having a plan of action or blueprint is important whether we are going on vacation or caring for the poor or making changes to the tax system – a Policy.  Too often, as I have said before, we govern by jerks or bursts rather than with methodical, reasoned, and deliberate direction modified with occasional methodical, reasoned, and deliberate adjustments.  Good policy must be flexible while also resistant, though not immune, to change.

   Process is how the methodical, reasoned, and deliberate actions are evaluated and enacted.  Process must be consistent for it to ensure the correct portions of flexibility and resistance in securing the will of a republic majority and defending the interests of the minority.  Deliberate process takes out the jerks and bursts and thus provides an environment that is dependable and reliable.  Business expects to pay taxes for the services they receive and the infrastructure they rely on, but when location decisions are made they will choose consistent and dependable over an uncertain tax climate.

   The third P, or Persistence, is what is required to see, to the end, the outcome of fundamental change.  Examples are clear in a, not so recent, study of changes made to property taxes in Idaho.  Idaho had for a time a 5 ½% cap on property tax that was not very restrictive with regard to individual fund limitations.  Lawmakers changed that system to a “Truth In Taxation” strategy.  That strategy lasted two years and then lawmakers changed to the current 3% cap with very restrictive controls on funds.  (Pardon me for using obscure terminology here because it may be confusing to some.  Funds are the separate accounts within local budgets.)  Local budgets are rate based which means that a rate is determined by dividing the total budget by the total value and then multiply the rate by individual property values.  However, when the change was made to 3% there was another 4% value-based tax to be used for schools.  Individual values were multiplied by 4% for school maintenance and operations.  A couple of years later 1% was removed from property tax and shifted to sales tax and finally in 2006 the remaining 3% budget or value-based tax was removed and shifted to sales tax. 

   I think you see the point.  The chaotic two years of Truth in Taxation provides the greatest insight.  Truth in Taxation is a governance philosophy, and when embraced by state government directs that local governments disclose information and inform constituents and then empowers local governments to govern and be accountable.  In other states where T-in-T has been enacted, the initial response from local government bodies was skyrocketing budgets for a year or two but within five years budgets stabilized as citizens became more engaged and elected officials adjusted to the new authority and responsibility.  The legislature’s knee jerk reaction to the two years of budget surges was to take back self-governance and impose a more restrictive, almost punitive, budget cap.  No sustaining Policy, inadequate Process, and very little Persistence.

   The legislative arena is replete with examples of unintended consequences.  Appropriate Preparation for the unexpected doesn’t take away the surprise but it sure helps with the shock.  Expect the unexpected is a wise adage.  When we build legislation we tend to labor over the details where the devil lives; trying to eliminate the unexpected with another period, comma, or semicolon.  Without Preparation even the expected can be quite a surprise. 

   I hope to help define the public policy for reasonable and sustainable taxation, define and defend an adequate process to employ the policy, be persistent in implementation and application, and finally; be prepared for the expected and unexpected.  If successful in all that, we will have a sustainable, systemic, and synergistic tax system.

   I hear it already.  Corder wake up and take off the rose colored glasses; three S’s, four P’s, and a truck load of naive optimism is what you have.  Perhaps! However, I have two other advantages.  I have you and I have the door through which all tax bills must pass.

Week Four 2012

 

   For some of you this will be the first news letter from me – please be patient.  I am adjusting to the newest new district lines.  The available redistricting map is not very clear but I am told I no longer have the cities of Filer, Buhl, Hollister, or Rogerson but perhaps still have the geography around Buhl.  To offset the population loss from those towns I will now have Murphy, Homedale and Marsing.  I am also told that no other lawsuits are pending – yet.  Let’s all hope that redistricting is behind us for another decade and we can get on about the business of educating and governing and striving together for what is right as we see it.  Please share this newsletter.

   I was warmly reminded by a constituent that writing a fair to middling newsletter is a good thing but I also need to let you know what I am doing.  I love this job.  I love that so many of you feel free to offer me advice, counsel, encouragement, and correction.  I could not do the job without you.  Though I must transition away from Boise County I hope I can continue the relationship I have had with so many people living in Boise County who are ever ready to demonstrate qualities of true friendship by their genuineness.  I look forward to developing new relationships.  To that end, if you have not visited my web site at www.senatortimcorder.com please find out more about me there.  The blog is restricted and houses several years of newsletters.  A search engine is available for your convenience.

   I readily and eagerly expose this fact to those of you reading for the first time.  I thrive on the interaction and feedback I receive from people.  I like the “atta boys” too but I believe the path towards representing all of you successfully has lots of turnouts where we can stop for a minute and listen to each other.

   Legislation to re-codify the Early Childhood Coordinating Council (EC3) barely made it out of a House Committee yesterday on a 5 to 4 vote.  I co-sponsored that same legislation last year and started it in the Senate where it passed easily.  The bill died in the House in the final days of the 2011 session for no apparent or rational reason.  EC3 is one of my ongoing Senate designee assignments.   I have served on the council for four years.  The budget for the council is less than $22,000 federally-sourced dollars but every one of those dollars serves to eliminate redundancy and overlap among other federal programs providing services to special-needs children from birth to age five.  The council has no programs of its own, expands nothing, and creates nothing except opportunity, and yet some see it as a threat.

EC3 coordinates activities and facilitates; that’s all, but without that coordination and facilitation the state would lose federal dollars for stand-alone special needs children programs and administrative efficiency. 

   I have received very few suggestions from you with respect to my inquiry about how you would spend $45 million dollars to stimulate the economy.  I believe that is because you are all very wise and are waiting to have more information before drawing conclusions.  Next Wednesday, February 8, at 9:00 AM the Senate and House Tax Committees will be meeting jointly to hear testimony from several economic sectors.  The meeting will have video and audio feed so if you are so inclined join us at http://www.idahoptv.org/leglive/legBody.cfm?pubPoint=WW02AUD. 

   Chairman Dennis Lake and I have invited representatives from energy, food production, jobs, commerce, small/medium business, chambers of commerce, and the banking sectors.  Each participant has been asked to offer their perspective of what government might do to stimulate the economy and to distinguish between short and long term benefits as well as sustainability.

   Some special interest groups have not been bashful about tax proposals.  I use the three S’s as a test for consideration.  Is it, or does it produce, a sustainable impact or benefit or is this a onetime shot for effect?  Is the change or benefit systemic in nature?  If so, what will be required to implement, measure, and test outcomes and, more importantly, is the policy question adequately framed and presented for debate?  If the goal is economic stimulation, in any form, then will the proposal be synergistic?  That is to say; will the initial effect in the economy, of government intervention, be replaced by activities and results that stimulate and energize the economy without additional government manipulation?

 

Week Three 2012

 

   As observers and participants of government in action we must take my Katie’s advice: “Grandpa, sometimes you just have to laugh at yourself.”  It is difficult to watch government in action unless one learns to take that sage advice of my eight year old. 

   The redistricting commission will take up their task once again this week.  The Supreme Court decision has left a constitutionally convened commission, designed to be bi-partisan and consider secondary interests, with but one task: choose which of the computers to use to draw the lines.  The Court majority opinion has ruled that, within the federal deviation limitation, a redistricting plan with the fewest number of counties split shall be more constitutional than another plan with more counties split.  The plan that was overturned had eleven county splits.  It is a subtle difference but the court has ruled; it is not the number of splits in a county that counts but the number of counties that are split – split a county three times and it still counts as one split.  The counties that sued the state could conceivably end up being split even more and so long as the number of counties split is fewer than eleven, as in the overturned plan, the plan would be more constitutional. 

   In fact, whatever plan the commission now agrees on could be overturned by any conceivable plan that has just one less county being split, and so on, and so on and so on.  Hence my conclusion, that the only real remaining task is to choose which computer to assign the task of dividing one and one-half million people evenly into thirty five legislative districts and do that while cutting as few of the forty-four counties as possible.  It is just math – or is it?  At least the computer would eliminate the hubristic political drama of firing people.

   The “Occupy” movement and their tent city on the grounds of the old Ada County Court house have generated significant interest.  Is this occupation of public property a demonstration of social unrest to raise awareness?  I don’t know. Legislators are now in the third week here at the Capitol – just across the street from the tents.  I think there has been one gathering on the steps, on Human Rights Day, where Occupy people participated to demonstrate for human rights.  Not a single person from Occupy has spoken with me to inform me of their goals and what they hope to achieve.  No literature has been distributed or calls made on people to educate us.  I support the right of every citizen to petition the government, to protest, and to hold demonstrations in an orderly fashion.  Absent the petitions and efforts to educate, I struggle with where this is heading and I am anxious to see how history records the events.

   Great ideas and the most benevolent motives can be defeated with bad timing, poor presentation, or a single misplaced word.  Timing can often be controlled, presentation can be thought out, but words are always a choice.  The question then is whether one wants to be successful in gaining concurrence or empathy with the message or just to bring attention to the fact that you had a message. 

   I have shared my definition of politics before: politics is the art of convincing you that I am right, and that it was your idea.  Learning and practicing that art is what I do for you in the legislature.  Every person who has a message to deliver to the legislature should keep that definition handy.  I have received a number of inquiries from people wanting to know how best to communicate with legislators.  In light of the hours of testimony offered last year by citizens where it appeared the votes ultimately made by the legislature were contrary to the opinions presented, it is a good question.  I understand your frustration because sometimes the other 104 legislators ignore me too.  Perhaps, like me, you think that because we feel strongly about something that everyone else agrees with our position.  I can assure you they don’t and your elected officials will hear from all sides.

   Here are some suggestions for communicating with elected officials.  If communicating face to face: 

        Ask for time to speak them one on one and respect the time they give

        When meeting in person, even if you think they know you, introduce yourself

        Practice what it is you want to say, maybe in front of a mirror

        Explain briefly the issue (one sentence) then ask if they are aware of the issue

        Offer  more details but hesitate often to give opportunity for questions – watch body language and facial reactions

        Be prepared to listen

        If possible, leave them with a brief written summary (ask them if they want that) but do not leave them with a stack of papers, unless they ask for it.

        Don’t make things up, if you don’t know the answer say so

        Thank them for the time and leave your contact information

If communicating by other means:

        Internet facsimiles, third party email, or other bulk mail schemes where officials get 100 pieces of identical correspondence are NOT effective communication

        Don’t be rude and then expect positive reactions

        Don’t call them names

        Don’t threaten, (i.e., if you vote no I will work to see you out of office etc.)

        Before you send a written message, read it out loud to yourself, if it doesn’t make sense to you it will surely not make sense to them

        Check your grammar and spelling

        I would rather have a single sentence from the heart than two paragraphs of a form letter.

        Identify yourself and address – anonymous letters are not credible

 

Week Two 2012

 

   I heard a legislator make a request, from a Finance Committee member, that real money be appropriated to fund teacher pay – real money.  I think he meant that he wanted to see an actual appropriation to salaries and not a paper shuffle or appropriation to general discretionary spending accounts.  I hope that is what was meant.  The Governor has asked for the additional $41 million for one time bonuses for all state employees based on merit with a maximum of 3%.  I don’t think that is what he meant.  Frankly, the time to vote for real money for teachers was last year when the reforms were passed that took money away from the salary base.  A “yes” vote this year will not make up for a “no” vote last year.  I will also add that a yes vote this year is a contradiction to the stated goals and desired outcome of the 2011 reforms; one of which was to reduce the cost of education.

   I remain skeptical about having $45 million to put into tax offsets.  Suppose that we do; how would you spend it?  I have asked for a joint meeting of the tax committees from the Senate and the House to answer the same question.  Because there are 105 legislators I suspect there might be at least a hundred different answers.  Starting with exploring what the expectations or goals to be accomplished are would seem prudent.  We won’t do that as a group though because, as I said, there will be at least a hundred different expectations.  My job, as Senate door keeper of tax policy, is to narrow those goals and expectations down a bit and then find the right mix of tax offsets to accomplish the goals.  Sounds simple doesn’t it?

   I do need a number to start with – right?  Will it be $45 or $60 or $10 million?  The goals and mix of offsets will differ for each number.  A revenue projection committee will not meet until January 24th with their informed guess.  The Joint Finance Committee (JFAC) will have their informed guess as well and they must then appropriate an amount to accommodate the Governor’s request.  Because JFAC is not a policy committee they cannot decide how or where the money will go, that is left to the House and Senate germane tax committees.  Sounds like a page from “Catch 22” doesn’t it?  Tax committees can’t decide what to do with the money until they know how much and JFAC can’t decide how much until they see projections and have some idea where and how it might be spent.  It sounds less simple now than a moment ago.

   The policy discussion is worth the effort, in my not-so-humble door keeper view, even if we have “0” dollars to work with.  Because, one day we will have excess funds and one day we will need policy direction.  We need to evaluate what we have done wrong with tax policy and failed or successful social engineering efforts.  Then we should use that information to put in place a system that keeps downward pressure on expanding government and upward pressure on economic growth and business vitality.

   Taxes and tax change should be fair, competitive with other states, easy to administer, and easy to collect and enforce.  Many options are being considered, such as; lowering the rate of Income or Sales taxes, broadening the base by eliminating exemptions, increasing the cigarette tax, personal property tax elimination, energy credits, hospital assessment elimination, elimination of Investment Tax Credit, eliminating or reducing the corporate Income Tax, to name just a few.  It should be noted again that whatever we do with taxes and whoever is the initial and direct recipient – every Idahoan will feel the impact in one way or another.  Rather than feel the impact because of a shift from one tax to another, from one pocket to another pocket, I would prefer you feel the impact in these ways: in improving state and county infrastructure, sustainable economic growth, ongoing efforts to keep government the right size, reasonable and sustainable tax revenues, and a vibrant and efficacious education plan including research and development.  There are other ways you and I can and will feel the consequence of consistent and sound fiscal policies applied fundamentally and foundationally through sound tax policy because the effect of appropriate tax policy is synergistic within our economy.  Conversely, the consequences of self-serving  politically motivated tax policy are observed and felt and are met with public disdain.

   Among the various tests for good tax policy two words will serve as my mandatory litmus test:  sustainable and synergy.  Will changes made to the tax mix be sustainable?  Will the synergistic nature of the change offer short term confidence as well as extend into the future providing a benefit to all Idahoans as a product of a thriving economy independent of government intervention?

   I am interested in your suggestions.  What would you do with $45 million

 

Week One 2012

 

   The Governor’s State of the State Address marks the beginning of a new session.  It was an optimistic speech based on slow but continuing economic gains throughout Idaho.  The Governor has asked for the restoration of approximately $60 million in stabilization accounts, $41 million in additional one-time employee compensation, and $45 million in undefined “ongoing” tax relief.  I believe the intent of the undefined “ongoing” relief is to allow the legislature the discretion of designing what the relief will look like and to whom it will go.  Ongoing relief may likely come in the form of rate reduction for Income or Corporate taxes but could also be in Personal Property. 

   A couple of proposals are floating around that would eliminate some tax exemptions and reduce rates of either income or sales tax.  Making the tax base as broad as possible and reducing rates is sound tax policy because it results in everyone paying a little rather than a few paying a lot and others paying very little.  One of the proposals would have a net increase in tax revenue: meaning that the taxpayer base is broadened to include more payers but the rate remains high enough to increase total revenue.  The other plan that I am aware of, is revenue neutral: meaning that the number of payers is increased but the rate is reduced to a level that would maintain total revenue at the current level.  Both plans contemplate broadening the base with the removal of some exemptions and taxing some services heretofore untaxed.  Untaxed services include such things as attorneys, barbers, hair salons, other professional services, and the like.

   I will be assisting the Headstart Association in training parents to advocate for children to the legislators.  I will spend about two hours letting parents “practice” on me to build confidence and I will critique their approaches, methods, and styles to help make them more effective advocates.  Idaho has a great reputation for accessibility with respect to legislators and the legislative process.  The Headstart programs have saved families and children by teaching self-reliance and independence.  The program requires goal setting and accomplishment that emphasizes graduating from the program.  Headstart is a grand example of government offering a hands-up program with incalculable results as opposed to a hand-out.  Headstart gets and keeps people off welfare and out of other social programs by teaching independence not dependency.

   I will be meeting with the promoters of animal cruelty legislation seeking to provide a felony provision for anyone convicted of cruelty to animals for the third time within five years.  You might remember previous comments I made but allow me to reiterate: no data exists to validate a conclusion that making something a felony changes behaviors.  There have been no animal abuse cases in Idaho where there was a third conviction; three in five years will be impossible given the amount of time it takes to adjudicate.  Once again I fear we have a solution designed to gloss over a problem instead of solving the problem.

   We are reviewing Administrative rules these first couple of weeks of the session.  I don’t believe we have any this year that are particularly controversial and my committees have fewer of them.  I would like to say again how unique Idaho is with regard to administrative rules.  Idaho legislators review and approve every rule change that occurs throughout the year.  I use the following metaphor to help students understand the significance of reviewing rules: there would be approximately 15 linear feet comprising the laws of Idaho on a bookshelf; whereas,  approximately 45 linear feet of bookshelf would be required to hold all the Administrative rules.

   Tax committees from the House and Senate will be meeting jointly to take public testimony regarding what ongoing tax relief might look like.  This will be the first time the two committees have met jointly to learn about and discuss tax policy together.  Even if the Governor’s request is not funded, the benefit to the state of having a discernable and vetted plan for sustainable and ongoing tax reforms has great value.  I will have more on the outcome of that meeting in the coming weeks.

 

Senator Tim Corder

www.senatortimcorder.com

208-332-1331

599-0427

tcorder@senate.idaho.gov

 

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