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4B Wednesday, Feb. 9, 2011 Bulletin, Progressive, Record, Reporter
"ust another way for governm
LEGAL MUSINGS
................... sYEVE BRENNEMAN ................... should not be required to
steve@schoolpathways.com
It is the morning after the
president's State of the Union
address, the first such address
since the great wake-up call
that was the 2010 election. The
question on everyone's mind,
of course, was how much
impact that election would
have on the president's policy
choices going forward. We
now have t-he answer: Not
much.
But I'm not here to discuss
that. This is not a political
forum, but a legal forum -- a
place where I get to spout off
about legal issues, lawmakers
and the judicial system. Be-
sides, I was switching back
and forth between the speech
and the Ohio State versus
Purdue basketbaU game on
ESPN, so I didn't hear the
whole speech.
This morning on the news
I learned the c ty of Sacra-
!
mento voted to impose fees on be clear about what we're But again, you might ask, other name is still a rose. A
non-residents who cause doing, what can be wrong with that? user fee is still a tax. All we
accidents within the city's ff Sacramento passes an or- And again I answer, nothing, have changed is the identity
borders that require emer- dinance charging non-rest-But let's be clear about what of the taxpayer.
gency response. The underly- dents for emergency services, has happened. Prior to the Instead of the general
ing rationale of this "cr~lsh it won't be long before similar Sacramento law, emergency public pooling its resources
tax," as it has been dubbed, is ordinances will be passed by response at a crash scene, to pay for government ser-
that the city and its residents every other city and county like police responding to avices, those who use those
in the state and beyond, ff crime or firefighters respond- services will have to pay for
foot the bill for emergency Sacramento is going to charge ing to a fire, was paid for by them. After all, why should
response caused by non- Portola residents for the tax dollars. The cost was somebody who never goes to
residents, expenses associated with athereby spread throughout the public library or a public
And so it begins. At the risk crash they cause in Sacra-the community, park pay for others to do so?
of sounding like Rush Lim- mento, why shouldn't Portola But with dwindling tax As a matter of fact, there
baugh -- who is never shy charge Sacramento residents dollars and rising costs, local are many reasons why it is
about reminding his listeners for the expenses they cause in governments must be more good for a community as a
he predicted something that Portola? creative. Hence, coming to a whole to have such things as
later came to pass -- I have This is not unlike the Santheater near you: fees for parks and libraries. Borrow-
been wondering how long it Francisco ordinance I men-firefighters responding to a ing from one of my favorite
would take local governments tioned last time, where the fire at your residence, fees movies, "It's a Wonderful
to get around to imposing city gives hiring preferences for police responding to a Life," it is the difference be-
user fees as a backdoor to local residents on govern- break-in at your home, feestween living in Potterville
means of balancing their ment construction jobs. for walking across a publicand living in Bedford Falls.
books. Soon every city will have the park, fees for using the public But I digress.
As suggested in my last same type of ordinance, and library and so on and so forth When a city like Sacra-
piece, there's no such thing as nobody will be any better off. ad infinitum, mento passes an ordinance
a free lunch. Every govern- On the contrary, because of How about using the bath- requiring government ser-
ment program comes with a the misallocation of humanroom at the local courthouse? vices to be paid for as they
cost. Providing emergency resources everybody will Well, somebody has to pay to are used, the city is simply
personnel at a crash site costs actually be worse off. have it cleaned, taxing by another name. So,
money. The question, as al- So, after every city and At the risk of sounding like instead of facing the tough
ways, is how to pay for it. cotinty has passed an ordi- a broken record, again you choice between raising taxes
But, you might ask, what nance similar to that in might ask what is wrong with and cutting services, the city
can be wrong with imposing Sacramento, we will be left that, and again I would an.takes the path of least rests-
the costs associated with a with a situation whereby swer nothing. But what we tance and demagogues
crash upon an outsider who anyone who causes a crash have done is replace one against easy targets, like
caused it? As a matter of fact, will have to pay the cost of system of taxation with an-non-residents.
nothing. However, we.must emergency response, other. They say a rose by any Next thing you know they'll
be imposing user fees on
pushing shopping carts
around town. After all,
homeless people don't vote.
In his State of the Union
address, the president pro-
claimed that we need to
invest in infrastructure such
as roads and bridges. Can't
argue with that. However, as
a tip of the hat to the 2010
election, the president also
said this won't cost the tax-
payer a thing, because the
cost will be borne by private
investment.
Let me see ff I have this
straight. Private investors
will pay to have bridges and
roads built. But, as I recall,
private investors always
want some return on their
money, ff Warren Buffet in-
vests $10 million in a bridge,
he's eventually going to want
his $10 million back with
interest. So where will that
money come from? Taxes?
No, no, no. Read my lips, no
new taxes. (Oh wait, that was
a different president.)
I guess that leaves user
fees. So instead of paying for
the new road or bridge with
taxes, we let private investors.
build them and charge tolls.
Ah, but like I said, a tax by
any other name is still a tax.
CHP REPORT
Asleep, Jan. 29
Roger Powell, 83, of Sparks,
Nev., was driving south-
bound on US-395 in the num-
ber two lane at a stated speed
of 62 mph. CHP reported that
Powell allegedly fell asleep,
allowing his vehicle to veer
to the right and off the right
shoulder.
Powell woke up as the
vehicle left the roadway and
steered to the left to bring
the vehicle back onto the
roadway. The vehicle struck
a signpost on the right
shoulder and skidded across
the roadway to the center
divider. The vehicle then
skidded back across the
roadway and off the right
shoulder where it came to
rest. There were no injuries
to Powell or his passenger,
Leslie Powell, 82, also of
Sparks.
Backing up, Jan. 29
Taylor Zimmerman, 18, of
Quincy, was backing up a
1991 Honda Accord in a west-
bound direction from a drive-
way onto Nugget Lane, at
approximately 5 mph. A 2000
Honda Accord was parked on
Nugget Lane, north of Clare-
mont Drive.
Zimmerman allegedly
made an unsafe backing
movement and allowed the
left rear of his vehicle to
strike the left side of the
parked vehicle. Zimmerman
was uninjured.
Plowed, Jan. 30 Off-road flip, Jan. 30 Norton lost consciousness,approximately two miles
Donald Wilson, 58, of Loyal- Angele J. Norton, 44, of and her passenger, Carrie A. west of Rush Creek Road, at a
ton, was plowing snow in a Portola was driving a 1991Haigney, 42, of Beckwourth, , stated speed 0fapproximately
2001 International snowplow, Toyota Celica on Rocky Point was able to open the passen- 45 mph.
northbound on SR-49 north of Road east of Parkside Laneger door and remove both California Highway Patrol
Lemon Canon Road. on Sunday, Jan: 30, aroundherself and Norton to safety, reports that as Lidyaev was
William Birk, 49, also of 4 p.m. The California High- Norton regained conscious-navigating a left turn, he
Loyalton, was traveling way Patrol reported that, ness and Haigney flagged heard a loud bang sounding
southbound on SR-49 in a while she was driving at an down a passing.motorist, who like a tire explosion. He
2003 Saturn VUE, approach- undetermined rate of speed, transported them to Beck- attempted to steer his vehicle
ing Wilson's location. Norton turned the steeringwourth, to the right, but discovered
According to CHP, condi- wheel to the right and theBoth Norton and Haigney that he could only go left.
tions at the time were dark right side tires left the suffered minor injuries. Both Lidyaev appliedthe brakes,
and snowing. Birk saw the road, driving into an areawomen were wearing safety but the tractor continued
snowplow coming towards of accumulated snow. The belts at the time of the straight off the road onto the
him and allegedly moved to Celica continued through the collision, northbound shoulder, where
the right as far as he could. It snow and began to slide it dragged the trailer --
is suspected Wilson was un- down a dirt and rock em- Blown tire, Feb. 3 which had roiled onto its
aware that he was partially bankment. The vehicle over- Ivan Lidyaev, 46, of right side -- into a pile of
in the southbound lane and turned at the base of the am- Madera, was driving a White boulders.
the left edge of the snowplow bankment and came to rest 2002 Freightliner tractor Lidyaev was uninjured. He
blade struck the left rear upside down in the Feathercoupled with a Jax trailerwas wearing his seatbelt at
quarter of Birk's vehicle. River. westbound on state Route 70 the time.
Sudoku Puzzle #2070-D
Difficult
3
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I
ACROSS
1. Alternatives to
Volvos
6. James
Garfield
11. Paese cheese
14. Just kidding
around
15. Rigg or Ross
16. Hollywood's
Thurman
17. Dull surface, as
of paint
19. Biol, or chem.
20. Jack Sp~at's
preference
21. More morally
degraded
23. State with
conviction
26. Greeks
27. Olympic ski
champ Phil
28. Pea container
29. Suffix with
bleacher or
suburban
30. Te-__ (cigar
brand)
31. Apothecary's
weight
33. Broke down
grammatically
36. Mother porkers
38. Concert venue
40. Scandinavian
capital
41. strut showily
43. Comic Rudner
45. Chow down
46. Roofer's gunk
47. Code often
following city and
state
48. A! __ (pasta
specification)
50. Moss's
reproductive-cell
container
53. Gave the slip to
54. Hook-shaped
New England
peninsula
55. Citrus drinks
'tff Cohclusion
1 ? 3 4 ; ~' ~ 9 10 11 12 13
14 16
17 19
20
m m m
3O
u ~ w
41 43
m
50 51
54
m ~ m
56 58
62
m
65
American Profile Hometown Content
m
34 35
m
44 45
i
48 4g
n m
m
53
59 60 61
m m m
1/30/2011
56~ Headstone letters 9. Photographer 37. Piece of the pie
57. Post-World War II. Adams 39. Playful bite
barrier 10. Gospel's Jackson 42. Puerto Rican city
62. Indivisible 11. Front part, as of 44. Unfavorable
63. Guardian Angel'sa gun 47. Actress Pia
topper 12. Host a roast 49. Island with
64. Take forcibly 13. Lions' digs Colossal carved
65. "__ 18. ,Spare tire," heads
Rosenkavalier" essentially 50. "Catch of the"
66. Grad students' 22. Way to get day" fish
hurdles around Paris 51. "Common Sense"
67. Flubbed 23. Build up pamphleteer
24. Pago Pago's Thomas
DOWN place 52. More upset
1. Scrooge player 25: Dazzling 53. Alternative to
Alastair performance .org, .corn or .net
2. Santa, Cal. 26. Like the "Iliad" or 55. Does something
3. Toward the stern the "Odyssey" 58. "__ blu, dipinto di
4. Suspect in many 28. Goal on a hole ..."
murder mysteries 32. Bit of sunshine59. Televise
5. Looked like 33. Benatar or 60. Suffix with ion or
Snidely Buchanan lion
6. Tennis edge 34. Send to cloud 61. Nancy Drew's
7. Coal container nine beau
8. Embossed 35. Was overfond
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