Of minimum wage, state vs. local control, and where you sit vs. stand; full story
Below is my full story from spokesman.com on today’s committee passage of legislation to bar local laws or ballot measures that seek to raise the minimum wage; it’s one of an array measures Idaho lawmakers are considering this session that limit local government control. One bill already passed the House to bar local governments from banning or taxing plastic grocery bags. Another, which also has passed the House, would require community college trustees to run by district – and would boot out of office current locally elected trustees who don’t fit the district plan, replacing them with appointees. Several bills are in the works to change laws regarding local elections, including some seeking to influence a pending recall election in the West Ada School District.
Jim Weatherby, emeritus professor at Boise State University, said, “The Legislature is following Miles’ Law, and Miles’ Law decrees that where you sit determines where you stand. And if you’re serving at the state level, you’re not so much concerned about abusing the creatures of the state, but are very unhappy when the federal government treats you the same way.”
BOISE – Idaho lawmakers split along party lines Monday, with majority Republicans on the House Business Committee backing a ban on local laws or ballot measures to raise the minimum wage.
The Idaho Retailers Association pushed the bill, saying it would prevent a “checkerboard” of differing wage laws in cities across the state. So far, just one Idaho city, McCall, has had a vote on a local minimum wage increase measure; it failed.
Idaho lawmakers already have refused to consider legislation this year to raise the state’s minimum wage, which now matches the federal minimum at $7.25 per hour.
“I think we have a wage crisis in this state, but we’re not going to resolve it through government mandates,” said Rep. Luke Malek, R-Coeur d’Alene, the bill’s lead sponsor. “I think our continued focus on education, our continued focus on economic development are going to create a real market that will necessitate higher wages.”
Malek, an attorney, requested an Idaho Attorney General’s opinion last May on the question of whether Idaho cities can set their own minimum wage laws. The answer: It’s unclear. “This might be an area … the Legislature will want to clarify in an upcoming session,” wrote Deputy Attorney General Brian Kane.
In Monday’s committee hearing, two citizens and one lobbyist spoke out against the bill. Karleen Davis told the committee, “My message is simple: Please allow the locals to govern themselves.” Marty Durand, lobbyist for the Idaho Building Trades legislative council, said, “This bill only solidifies our position at the bottom. … This will maintain our status as a low-wage, low-expectation state.”
Three lobbyists spoke in favor of it, representing the Idaho Retailers Association, the Northwest Grocery Association and the Idaho Freedom Foundation.
Pam Eaton, president and CEO of the Idaho Retailers Association, told the committee, “This clears up any confusion of what powers were given to them or not given to them to begin with. The founders made no mention of local government in the U.S. Constitution.”
An incredulous House Minority Leader John Rusche, D-Lewiston, asked Eaton if she was suggesting that under the Constitution, cities “have no right or ability to see to the welfare of their citizens?” Eaton responded, “They gave the powers to the state and there was no mention of localities.”
Just the committee’s three Democrats opposed the bill; GOP members, including Chairman Vito Barbieri, R-Dalton Gardens, and Rep. Sage Dixon, R-Ponderay, voted in favor. The bill now moves to the full House for a vote; if it passes there and in the Senate and receives the governor’s signature, it would become law July 1.
The bill is one of an array of measures Idaho lawmakers are considering this session that limit local government control. One bill already passed the House to bar local governments from banning or taxing plastic grocery bags. Another, which also has passed the House, would require community college trustees to run by district – and would boot out of office current locally elected trustees who don’t fit the district plan, replacing them with appointees. Several bills are in the works to change laws regarding local elections, including some seeking to influence a pending recall election in the West Ada School District.
Malek, who noted he voted against the community college trustee bill, said he thinks some issues are best suited to decisions at each of the various levels of government. “I think each issue has to be looked at individually,” he said. “On this one, I think the state is the best place to set that.”
Gov. Butch Otter told the Idaho Press Club last week that he’s not concerned about the state impinging on local governments’ control; he said they’re “creatures of the state,” created by the state. “There are legislative responsibilities as a result of us being the creator of those entities, of the cities and counties,” Otter said.
Jim Weatherby, emeritus professor at Boise State University, said, “The Legislature is following Miles’ Law, and Miles’ Law decrees that where you sit determines where you stand. And if you’re serving at the state level, you’re not so much concerned about abusing the creatures of the state, but are very unhappy when the federal government treats you the same way.”
