White, Scott Sponsored Leg. 46th dist, pos 1 WA

January 31, 2009

HB 1619 Capital projects funds by school districts

Page 4, line 16-24. The theme here is that school maintenance projects are not needing a levy. This however should be part of the general operating expenses of the school district. If the funds are coming from the State Tree Crop Revenues then this should be separate. However, there should not be an automatic levy for the maintenance of school districts. I do agree that funds should be allocated and set aside for expected continueing maintenance of the operating expenses of buildings. This bill sounds like it automatically levies maintenance costs on the general population. Although I do agree that maintenance should not be requiring a levy I do believe that maintenance operations should be coming from the general budget. A separate account for maintenance would be following GAAP rules or as I would put it Generally Accepted Homeownership Association Principles.

The one thing lacking here is uniformity across the State for maintenance. Does one school district have the right to replace windows every ten years while another school district only replaces the windows every twenty years. What about painting. Weather can bring a different result to the answer of this question.

HB 1775 Regulation of certain limousine carriers.

Here I read this last night so I will not provide specific line numbers.

Between the lines is sounds like the Port of Seattle is trying to creating a limousine service from the Sea-Tac to other outlying areas. But I do have some qualifying questions for this Bill.

1) Taxi cab drivers are able to start driving as a first time job. Some testing of qualifications are necessary. English seems to be an immediately desired qualification. Should the qualification for English and understanding of English be a higher qualification.

2) It would seem to me that a basic understanding of locations within the City of Seattle should be pressed as a requirement. So many of the taxi cab drivers are not qualified to answer basic scenic qualifications. A testing of scenic qualifications should be made.

3) Taxi cab drivers are artificially pressed into service to show off the advantages and disadvantages of the beauty of an area while driving a guest to their hotel/motel of choice or their desired destination. A verbal testing or a test driving of this should be done. Take out one or two hours of showing scenic driving to get a enjoyable ride by the patron testing.

4) Quite a few taxi cab drivers still do talk on the cell phone while they are driving the patron to a location.

5) English should be spoken only in the limousine unless the patron and the driver are able to speak the same language. This is not just as a convenience but as a safety requirement. The patron knows sometimes where they want to go. Other conversations on a cell phone are also not paying attention to the needs of the patron.

6) Radios unless requested should not be used in a taxi cab or limousine unless the patron desires.

7) A limousine driver should not be able to apply for a limousine license unless the driver has completed a minimum of one year as a taxi cab driver.

8) The testing requirements for a taxi cab driver and a limousine driver shall be from the same tests except for additional tests indicated above. So the requirements of testing for a limousine driver and a taxi cab driver shall not need to be duplicated if the taxi cab drivers license is held currently.

HB 1797 Examining rural and resource lands

Page 3, line 20-22.

I do not like to see a director exclusively having a right to direct and make expenses for a fund. A separate treasurer should be authorized for paying the bills. A co-signature if necessary by the director could be authorized. The responsibility of having a checkbook and control of who is aurhorized to make expenses is dangerous. The accounting process is a mission by iteself and cumbersome sometimes also. A directors position is cumbersome and a mission by itself. The State Treasurer should be able to go to the funds treasurer for auditing purposes while the director contnues with operations.

Shouldn’t a limitation of the board be to include members of the board from those affected counties. In other words, tribal members from Yakama may not be an appropriate tribal member. Also, concerning tribal members, you might designate former tribal councilmembers so they would have the time and not have competing time non-allowances. More specifically the Yakamas might be embarking on a long-term project which would help in their tribal members incomes and pride anyways.

The wording is not included in the legislation for the accounting to be presented to all donors above a separate level and generally having financing available or internet accessible to all levels of donors.

HB 1841 Adding a faculty member to the governing board of each four-year institution of higher education.

page 3 line 19 – 22.

If the faculty member is excused then also the student should be excused unless the administrative board invites back and only during the time of the invitation. I am not seeing why a student member would need to be at a board meeting while questions directly about a faculty member are being addressed and likewise I do not see why a faculty member would have to be present while a student matter is being addressed.

page 3, line 30.

It would seem to me that a student who is part-time will have a different perspective than a full-time student. Also, a part-time student may be more attune to the differences which the administration may be trying to address.

A qualification of a student in the citizenship and residence of the United States and of Washington State should be required. Someone outside of the State would have no long-term commitment to continueing operations and improvement of the University as a whole.

Seems that each University has a different specification for number of board members. For the cost of saving money the number of Regents should be reduced. An odd number of Regents should be appointment so that no even number of voting would be allowed.

A student member in no way should be used to break a tie vote. By having the administration portion of the board an even number then this could happen.

END

 

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Domestic Partnership Marriage – HB1745/1735

January 30, 2009

I have just read the bills for HB 1745 and the domestic partnership bill.  I also have just read HB 1735 minimum wage bill.
 
The minimum wage bill is a bill to the people to vote on.  A greater topic of social questioning in the domestic partnership bills are not being sent to the people.  I believe the people would now cut out all of these referendums if presented to them.  Scared little cats yes they are.
 
IN HB 1745 there is no restriction for domestic partners to not be closely related.  The exclusion only refers to those who are man and woman.  The wording is very precise and clearly defined.  An adopted or fosterchild or step child is not included although I believe it should be because of the closeness of the relationship.
 
The domestic partnership bill which is over 106 pages in length is continually addressing the need to this to be in compliance with the internal revenue service.  The use of domestic partnership is indeed not in compliance with the internal revenue service and thus would not take affect until the U.S. Congress recognizes domestic partnerships or the internal revenue service recognizes domestic partnerships.  But your same argument or additional legislation would apply for an argument here.  The courts or a small slip of a bill could make this into law.  The objective is to numb the citizens into complacency.
 
Also, from the farmers standpoint the IRS codes as relating to inheribted farms from an estate and assessing a state estate tax seems to be different than the federal laws.  I have not reviewed those laws in a few years but if correct then two books would have to be kept for the passing of an estate farm to the next generation.

END


Domestic Partnership – HB 1727/1735

January 30, 2009

House Bill 1727 – Domestic Partnership marriage.

I found a few things which “might” be incorrect in the House Bill 1727. This is the ACT relating to further expanding the rights and responsibilites of state registered domestic partners.

Also, when Representative Scott White brought this subject up before The Stranger in the Editor’s room he said the domestic bill would pass in this legislative year. My response was to let it go before the People via Initiative so this could be struck down once and for all.

It is now looking like an initiative might be needed. How far are they going to get on this legislation. Maybe this with the Illegal Immigrant Initiative could be a dual purpose. Get the fourth leg of Government working – the Initiative leg of Government.

Thanks

Keith Ljughammar, EA

Concerning HB 1735

Page 70, line 23, 24, 25.

No indication is givin g to a company here. I do not know of any real representation for the word “firm”. Also, no inclusion of non-profit organizations are indicated. Non-profits are excluded by reason of the word business entity. These would be non-entities.

Page 89, line 5 and 6.

In this is a reference to $10 balance as defining an indigent. This should be a referal of an equivalent of 5 days of outside the institution of an amount equivalent to lodging and food expenses for a five day period of time. If one cannot get a job in a five day period of time they indeed will be indigent. A $10 test for being an indigent would almost guarantee all inmates to be indigent under this dollar amount. The five day rule would also show all inmates to be indigent but without reading your HB 1735, An Act relating to achieving economic security through income sufficient to meet basic needs… I would think the two should be related to each other for this particular question.

Page 99, line 23, 24, and 25.

Immediate family member. For the definition of immediate family would you not also include a fosterchild or adopted child. In determining a child under the dependency rules for a dependent a step-child would also be included as a child or a substitute for the other as well.

Got this from the IRS Form 1040, instruction booklet for a qualifying child:

Son, daughter, stepchild, foster child, brother, sister, dependent on someone else’s 2008 tax return? See Steps 1,
stepbrother, stepsister, or a descendant of any of them (for 2, and 4.
example, your grandchild, niece, or nephew)
It seems to me the circle of comfort for an immediate family may be larger than what is being defined here.
Let’s go back.
Page 27, line 29 – 38.
In these lines I do not see where a restriction would be made for owning a gun. Actually that would be having a concealed weapons permit.

page 102, line 12.

I would think this line should read

citizen or legal resident of the United States.

One could be a resident such as an embasssador and not be subject to the rules of the United States. Also, one could be within the 180 day rule and be a resident but not considered as part of the United States. If one is from Canada and a resident here in the United States but a citizen of Canada then a Canadian citizen who is a resident of the United States does not pay estate taxes to the United States and does not pay estate taxes to Canada.

See also, page 102, line 27 and 28.

Page 103, line 9-15.

So here you are addressing that if property is passed on by a domestic partner then the state will consider the surviving spouse to have active participation or are you saying material participation. Since by operation the characteristics established by the decedent carry via the gifting or estate mechanism to the surviving spouse. Here I think however you are mixing up active management and material participation. Two different and separate considerations for different purposes. If you will recall one is for passive real estate considerations and the other is for active business considerations or passive business activity considerations.

page 103, line 16 – 20.

Again, here should you not be considering “company”. A couple can own property together yet not file a partnership.

page 103, line 27-36.

Don’t forget that social security itself starts and SSI ends at the normal retirement age. How would this affect the changes, meaning or substance in this paragraph or would it change it at all.

page 104, line 9-14.

In one part here you use qualified use and in another section you just use “use”. Are these two compatible and is the meaning the same. Here I am guessing but by qualified use are you meaning this as being a “domicile. Again, material participation I will have to relook this up as to if qualifying rental property or if from a business enterprise for the common usage.

page 104, line 16 – 17. Here is the usae of fair market value do you really mean modified fair market value or adjusted fair market value. Previously you had been talking about family ownership of real estate and the valuation adjustment from a Family Trust arrangement.

page 104, line 26.

Again, here qualified replacement property as associated with a a section 1031 exchange. I do know that a new depreciation schedule is created but also the old depreciation schedule continues for the replaced property. I do not believe however that the tests for material participation or active participation continue to the new property. This is also something which I would have to look up. In previousl paragraphs you were mentioning material participation continuing on.

page 104, line 36 – 37. For your definition of active management hours worked and comparisons of how others worked on the project would have been needed to be evaluated for the active management. Are you mixing up terms here again. Active participation is not the same as active management then as this is being written down. Here active management should be including the daily operating decisions. This is part of a farm. Decisions. Decisions. Decisions. Perhaps you meant another word for this such as “daily operation functions”. These would be two different venues of thought. An eleven year old child could do daily operating functions but an eleven year old could not do daily operating decisions.

page 106, line 10 – 12.

I do not believe the IRS could uses an eight-year period with an aggregating five years or more. I will have to look this up but I thought the restriction was for a ten year continuous period of time. The federal law could have changed for a less restrictive qualification.

page 106, line 17 – 20.

Again here I believe you are mixing up the definitions which are needed to be used for this section. Active participation and material participation are extremely different. One is for real estate and the other is for business applications.

page 106, line 23 – 26.

Without any special valuation under section 2032A. This wording without looking up the section 2032A would seem to change what the meaning is for the IRS and how or what they are trying to achieve. This wording if I am guessing right would be extremely punitive to a decedent’s surviving spouse.

page 106, line 33 – 38.

Residential buildings. This could be a broader encompassing area than what the IRS would be allowing. It is for the domicile and an area over one acre in maximum. I would again need to look this part up first.

END
 
 
 
 
 
 

 


Legislative problems/ new legislators

January 25, 2009

Representative Brad Klippert

I do not see any information on balancing the budget when I went to your legislative website for the state. You did have a bill – HR 1665 listed but I could not left click and get the bill information.

Is this part of I-409 which would have saved $1 Billion per biennium as per our discussion on Wednesday of the first week while in your office with Craig Keller and Albert Pong and Wendle Hannigan.

Hope things are going well.

Also, look at your package of legislative introduced and co-sponsored bills. I read virtually all of the package.

Previously to that I read my legislators sponsored and co-sponsored legislation.

Your sponsored legislation has some definite purpose and function. Your co-sponsored legislation has relatively no new taxes expenditures associated with it. My legislator Scott White, Rep 1 and actually Rep 2, Phyllis Kenney are looking like twins from the legislation co-sponsored vantage point. Their social agendas have tremendous costs associated with them.

HB 1452 – has a declaring an emergency. The legislation will take years to come about.

HB 1286 – Defamatory Candidates. If the candidates can’t take it they should not be in the legislature. Our countries history has been replete with inflammatory statements. The John Quincy Adams presidential races was all about inflammatory comments on Adams and Jacksons part. Get over it.

HB 1191 – energy. This is a costly piece of legislation. $.38 per kwh and $20,000 maximum per year payout for a company which is already going to spend the money. This would be better spent if the legislation was geared toward the individual. Homeowners Associations or small business or like strip malls. This is a waste of money. Maybe a good intention but this is purely corporate welfare at its peak.

HB 1069. Light Pollution. This legislation has some basic no brainer parts to it but deep into the last section to legislation is an attempt to dig into the use of lighting by automobile dealerships. Lights must go out by 10 p.m. What about the midnight sale. Punitive and narrow minded in its scope.

HB 1528. Employer communication on political or religious matters. This legislation is not about about religious topics in the workplace but rather the suppression of political conversations in the workplace. This is union driven and an obvious attempt to suppress free speech. The U.S. Constitution prohibits the “abridgement” of religion so thus this legislation would be null and void as to pertaining to the religious section and is only affective for the political section. The punitive damage is solely on the employer. The employee could quite and then ask for back pay for the year they were unemployed due to their own quitting practice.

HB 1481 – electric vehicles. Although I might be able to recharge at a rest stop in more than one way due to this legislation I could rent at $1 from the rest stop for a recharging facility. I also would not be paying B & O taxes based upon the cost of construction for the facility. A four unit apartment construction site would have to include on-site electric vehicle recharge facilities for the residents. There is no incentive to do this except by force. Costs of low-income housing modifications would be eliminated due to the forcing of this extra expense. This legislation is putting the cart before the horse in the development of infrastructure. The costs will be large and the early development rewards are few. The problem is we do not have electric vehicles available as of yet. Only references to solar or wind are addressed. We do have wavepower being developed by the Macah Tribe at the present time. If they are successful should this not be considered. Also, the definition of off-peak periods is not defined. Is this not during the day or is off-peak when the sun is down or clouded over for solar and during not windy or too-windy for wind power. WavePower there is never an off-peak time. This requirement may possibly overload the current power grid of the population center where a county population is in excess of 500,000 only. Again, this legislation does not consider reality based electricity. Circumventing this would be too intensify the localization of a power source. No incentives have been given for the construction contractor but only the large mega watt electrical grid contractor. See HB 1191.

HB 1491 vehicles overtaking and passing. With only three feet being allowed a wind gust still would be created. All bicyclists also cycle on the extreme left side of the bicycle lane anyways reducing the three feet to two feet. When passing bicyclists should be required to cycle in the center of the bike lane and not to the left. Safety goes in two directions on this issue. Of course only when safe. Permission on this legislation should allow for a vehicle to completely enter the oncoming lane as well for maximum safety of all parties when it is safe to do.

HB 1554 – Stop work. The legislation here does not allow for payment of fees and fines under a disagreement. “The stop work order remains in effect during the period of reconsideration or appeal.” The Labor and Industries department is currently the most restrictive agency in state government. The agents are not allowed to forgive and fine or regulation if they seem fit. Only the director can do this. Moses was overwhelm so what does current history dictate and mandate that still one person solve a problem. Stop work remaining if effect during the period of reconsideration or appeal means that several years or a decade can elapse and the structure or business would have to sell or file bankruptcy. Actually a bankruptcy would not solve this dilemma either.

HB 1594 Environmental cleanup grants. This legislation would not allow for a graduated student to be able to take advantage of the student loan interest adjustment on an individuals income tax return. Also, if in the form of a grant then student education expenses would not be taken also. A grant would be given at the time of education and it must be current. If a repayment of the amount is owing after the education then since the amount was paid in a prior year the unreimbursed and now required to be reimbursed amount due to default would have to be paid back. This would be doubling punitive to the student. There is no recognition of “Conditional scholarship” in the IRS tax code. A better way would be to require work during the summer months in order to be eligible for the scholarship or grant in the next year’s timeframe. This would make more sense and conditioning upon completion of academic quarters would be based upon a quarter by quarter basis. Thus no “Equalization Fee” would be required. the process of the interest rate being established by the Board could be punitive for individual students. The rate should be established by the Student Loan Program rate in effect for a given period of time. This should not be determined directly by a Board which could arbitrarily increase or decrease the amount. Selected individuals thus could be punished or rewarded with this type of system. Annual consideration of the interest rate is unrealistic. Interest rates currently are fluctuating daily. Forgiveness of fees and penalties and interests rates which are established by the board could be adjusted to reward some and punish others in the same way as interest rates could be adjusted. What this would come about to is graduated students would be working for a two to five year period for minimum wage and after completion of their projects they would still continue under minimum wage in the industry because another crop of graduating students need to work for minimum wage. Thus the summer work program which is limited in time would be a better method of building a “green” career. Minimum wage sucks.

HB 1502. Nursing and Education. The unions are pressuring for more school nurses and for smaller classes sizes I see in this legislation. Some basic fundamental skills by non-completed nursing staff could help in alleviating this problem. To give diabetes type 2 shots does not require a full nursing degree. Part of the provision should be to allow a lower level nurse to care of students. Dropping aspirin in a child’s throat with water flowing afterwards does not require a nursing degree. The use of rising nursing stars should be allowed also in this legislation to alleviate part of the costs. Also, no provision for home visiting doctors is addressed in this legislation. If a doctor who is available during non-home-visits could swing by then the more direct or more serious cases could be address. My brother’s brother-in-law travels from home to home only as a physician. If his resting spot for the day was a school he could or the nursing station could serve as a temporary office and this could help in reducing his costs as well. Sending faxes and getting supplies or drugs from a storage area would help both. Obviously only usable during school hours. Certificated instructional staff would come to hiring people from India who are teachers there and just need to recertify Washington State standards or if they are coming from another state or maybe Canada. Presently the State Department allows a treaty allowance for Teachers from India with teaching degrees to come to the United States and work without a work permit. The treaty allows instant work permits. How would they feel about expenses to get here and then not being able to start working. The not hiring should be changed to require that unions and teachers and district to have a contract in place by the end of the prior school year. If not then complete submission to legislation is required.

Thanks

Keith Ljunghammar, EA

vbhoundabout@hotmail.com

206.388.9982