Attack on Idaho Constitution "Ordinary and Necessary"

The Idaho Legislature has a terrible job ahead of them in 2010 trying to decide what gets cut and what gets saved this year. All manner of sacred cows requiring public spending get their turn under the budgetary knives and axes this year. Lawmakers are facing $52 million in cuts to what most people would already perceive as a bare bones budget. Governor Otter may have more bad news when he delivers his state of the State address that will require even more cuts not already anticipated by legislators.

THE GUARDIAN could not help but note the proposed changes to the constitution that will more than likely get through the legislative session without much scrutiny under the guise of "ordinary and necessary expenses". Various challenges to public spending without a vote of the people have put a virtual stop to "gold card" purchases by cities and counties without voter approvals. This all started in 2006 with the Frazier v. City of Boise decision when the city of Boise wanted to build a parking garage at the airport without a vote of the people. Mr. Frazier took them on all the way to the Idaho Supreme Court. The Supreme Court agreed with Mr. Frazier that $27MM in debt was way over the top without a vote of the people. We now have a situation where bankers and lending institutions will not issue debt to Idaho cities and counties without voter approvals due to the court defining what ordinary and necessary really is.

Now we have a full on well funded legislative attack on the Idaho Constitution Article VIII sec. 3 to allow cities and counties to incur long term debt sans a vote of the people via the following taken from the Sunday IPT:

"Public debt: A proposed constitutional amendment making it easier for local governments and publicly owned hospitals to take on debt if no taxpayer money is used for payments was beaten down in 2008 and 2009. The timing in 2010 could be right for a compromise, Senate Majority Leader Bart Davis said."

Lobbyists have all done their homework this time around and have convinced legislators this change to our Idaho Constitution is vital to cities and counties. A similar effort failed to get past a floor vote of the State Senate in 2008. Look for this amendment to be on the November general election ballot. It will allow cities and counties to declare just about any expense "ordinary and necessary" and to sign taxpayers up for the easy payment plan for just about anything the deciders want to spend our money on. The bankers and credit people can't wait to extend credit to the people we have in elected office.

If this change makes it out of both houses of the legislature and goes to us for a vote you need to be aware of the implications of this Constitutional change and vote your informed decision in this matter. It will only take 50% plus one vote to make the change to something that has stood the test of time for 100 years.

The main thrust will be that county hospitals can't lease the latest technology for their patients due to the restrictions of the Idaho Constitution. Not true, they can't enter into long term debts beyond one budget cycle without a vote of the people. The people wanting to spend your money do not trust you with making an informed decision at the ballot box and want the Idaho Constitution changed to facilitate backroom deal cutting we will all get stuck paying for if this becomes the law of the land in Idaho.

Idaho finances have remained under control mainly due to the strictures of the Constitution that do not allow for long term debt sans voter approvals. We all need to be aware of what is going on here and who is supporting the changes to the Idaho Constitution. THE GUARDIAN does not think our Constitution needs revision or changes to accommodate the "GOLD CARD" approach to spending our money.