SB 670: Recently I testified in front of the State
Senate committee in opposition to a bill by coastal Senator Wiggins to halt small scale
suction dredge mining while the Department of Fish and Game proceeds with a court-ordered
environmental impact report to justify any new regulations. My testimony was directed at
the economic impact the loss of miners along the Klamath would have on the stores in those
small communities. I also pointed out that in the many field studies that had been done,
suction dredge mining was found to have only a very temporary and very localized impact on
sediment. (Dredge mining is currently not permitted at times or places where there is
spawning or egg emergence occurring.) Unfortunately, the Senate committee passed the bill
on a partisan vote and sent it on to the Appropriations Committee.
I also voiced opposition to several water bills involving groundwater
regulation and taking of water use rights for fish. They all passed through committee as
well. The process allows two minutes for two parties each to speak in favor or against a
bill. All other parties are allowed only to name the group they represent and position for
or against. I was not considered a major party. [So much for a Capra movie moment.]
State and Local Government
Budgets: Looks like the fiscal year State 2009-2010 budget will start out with
legislators facing up to a $14 billion deficit. Part of this is due to the fact that tax
revenues did not come in as hoped. [Apparently they didn’t get the Reagan memo about
not regulating and taxing businesses out of existence.]
In addition, the California Legislative Analyst’s Office has
determined that the State will have to borrow from $10-23 billion before July 1 to meet
everyday cash flow needs for this fiscal year. This has the real potential to result in
more delayed payments to the Counties for services already rendered on State programs,
(such as social services and mental health.) Delays deplete County reserves and may
require the County to borrow operating money as well. Payment delays have already
devastated the Shasta Resource Conservation District (RCD) where they, and local
contractors, have been left holding the bag on a large dam removal project. A “prompt
payment’ bill for the RCDs is winding through the legislature, but will not help if
the State does not have the money.
In a demonstration of the “spending power,” the federal
government has indicated that it will hold back $6.1 billion in stimulus funds to
California if the legislature does not rescind a cut they made in State contributions
toward the wages of In Home Support Services (IHSS) workers. (These are workers who
provide domestic and non-medical services to the elderly and disabled in their homes.)
Both the federal
and the State law act directly upon individuals. Federal
law does not act upon the States, and is specifically precluded from doing so under the
doctrine of “dual sovereignty.” Provisions of various federal laws may not be
applied in such a manner so as to: (1) Coerce or
force any State into an agreement to implement a federal program or law; (2) Devise
any State program or provisions thereof in compliance with a federal law or subject to the
approval of a federal agency; or (3) Command State law
enforcement, or other State officers to enforce a federal law or federal agency
directives. Where there is a real conflict between legitimate federal and State
law, federal law pre-empts the State law.
The State may not voluntarily agree to an enlargement of federal jurisdiction into its
jurisdictional sphere when such is not authorized by a legitimate enumerated federal
power. [New York v. United States, 120 L. Ed. 2d 120 (1992.)]
However, under what has been termed "cooperative federalism," it may be allowed
to enact a State law to minimum federal standards in lieu of legitimate federal regulation
that would otherwise preempt State law. The State may also accept a federal grant
conditional upon compliance with provisions designed to advance a federal interest or
program. [South Dakota v. Dole, 483 U.S. 203 (1987); New York v. United
States 505 US 144 (1992).] This is how the federal Stimulus program under current
State budgetary challenges around the nation can enlarge federal control.
Countywide RX Discount Card: Siskiyou
County has joined the Caremark prescription drug discount program on behalf of its
residents. Anyone can enroll for the free card
through the Public Health Department. There are no eligibility requirements. The program
does not pay for drugs, but provides a discount of from 15-33% on the cost of most drugs.
Local pharmacies were contacted and are participants in the program. Call Siskiyou County Public Health at 841-2100 for
more information. |
