Rep. Steve Berch Newsletter - A mixed bag

 

This newsletter reviews a mixed bag of 26 good and not so good bills during the last few weeks.
 
The 2024 legislative session will likely be over in about 4-5 weeks, yet we are still seeing new bills come out of House committees – and we’ve barely voted on any bills coming from the Senate. This is a recipe for a legislative log jam, especially if House and Senate leaders hold bills hostage as they horse trade with each other and the governor to get (or kill) the bills they want (or don't want). 
 
Stay tuned.
 
NOTE:  You can look up any bill mentioned below by CLICKING HERE
 

Divide and Conquer

The Idaho state constitution requires the legislature to do only one thing: pass an annual state budget. This task falls on the Joint Finance and Appropriations Committee (JFAC), which is comprised of 10 Senators and 10 Representatives. They painstakingly write a series of budget bills, each one funding a specific state department in its entirety for the next year.
 
Until now.

Before the session started, a couple of majority party leaders collaborated to re-write the rules that govern JFAC and how budgets are set. Now, two separate budget bills are being written for each department. The first bill is a so-called “maintenance” budget, which is really a bare-bones skeleton budget – many of them not sufficient to maintain a department’s functionality. After these bills are passed, a second “discretionary” budget bill will be written that provides (hopefully) the rest of the funding for the department.
 
This “divide and conquer” approach, along with the manipulation of JFAC’s rules, now gives a handful of majority party leaders more control to fund the projects they like and cut the funding of programs they don’t like.
 
I rarely vote against a budget bill. I’ve trusted the people and the process that resulted in the budgets put before me. Not now. Once a maintenance budget passes, there’s no guarantee a second budget bill will be created, what will be in it, or if it will pass both the House and Senate. They are ripe for manipulation and a threat to the state’s ability to adequately serve its citizens.
 
This is why I voted AGAINST all of these incomplete budget bills (H457, H458, H459, H460, H475, S1266, S1267, S1268, S1269, S1270), and will continue to do so until I see a second bill that adequately completes funding for the department in question. Click here to see my debate against the first of these bills (H457).

An interesting side note about H457: It passed by a vote of 38-31. The large number of “no” votes, which included the Majority Party Leader at the time (Megan Blanksma), surprised and angered other leaders in the majority party. The result was a series of closed door meetings and parliamentary machinations that removed Blanksma from her role. This was followed by threats from leadership against those who did not vote the way they were told. The subsequent budget bills passed with 53 “yes” votes or more (90% of the majority party House caucus).
 
Rotunda Roundup

Health & Welfare
 
Enable Idaho’s participation in the Interstate Counseling Compact (H393 – passed the House, in the Senate). This bill allows Licensed Clinical Professional Counselors (LCPCs) to voluntarily be licensed to practice in-person or via telehealth in any other state that is part of the compact. It enables Idaho counselors to continue treating clients that may temporarily or permanently move to a participating state. It also makes more counselors available from other participating states to serve clients in Idaho. I voted FOR this bill, which helps increase assess to mental health resources, which are desperately needed in Idaho.
 
Maternity mortality review (H399 – passed the House, in the Senate). Idaho established a Maternity Mortality Review Committee in 2019 that was disbanded when the legislature failed to extend its operation last year. This bill re-established the review of maternal mortality in Idaho under the control of the Board of Medicine. I voted FOR this bill, which will provide data necessary to help craft policies and practices that can reduce maternal mortality in Idaho. While there are some concerns that the original review committee was not simply reinstated without any changes, this bill is an important step in the right direction. 
 
Prohibit all government-declared mask mandates forever (H493 – passed the House, in the Senate). Another year, another anti-mask bill. My objection to bills like this hasn’t changed. This bill prohibits a way to diminish the impact of a future pandemic that could be far more deadly and contagious than COVID ever was, and for which there may be no immediate cure or vaccine. The sponsor argued that masks aren’t effective, but at the same time made exceptions to require doctors and healthcare workers to wear masks. If masks are not effective, why create those exceptions? I did not like having to wear a mask during the height of COVID, but I wore one out of respect for the people around me. I voted AGAINST this bill which exalts individual freedom without any consideration for the consequences on others. Click here to see my debate on the House floor.

Make it easier for parents to exempt their school age children from being vaccinated (H438 – passed the House, in the Senate). This careless, dangerous bill requires schools to tell parents they can opt their kids out of having to be vaccinated. This will make it easier for your child to contract a serious, contagious illness from other children. Parents already have the right to exempt their child from being vaccinated and I support their right to make that choice. However, this bill invites parents to not have their child vaccinated. Idaho already has the lowest percentage of kindergartners who met school requirements for vaccinations (around 81% compared to a nationwide rate of 93%). This poses a real health risk to both school-age children and their unprotected younger siblings at home. They risk contracting highly contagious diseases such as:
  • Measles/Mumps/Rubella (MMR)
  • Diphtheria
  • Tetanus
  • Pertussis
  • Polio
  • Hepatitis A and B
  • Varicella
That’s why current state law requires students to be immunized for these diseases, while respecting a parent’s right to exempt their child for religious or other reasons.
 
Note that COVID not mentioned. Unfortunately the controversy surrounding COVID has made people wary of safe, proven medical science to the point where they may ask for an exemption “just to be safe.” I voted AGAINST this bill which will ultimately make more children ill and could put the lives of the most vulnerable among them at risk.
 
Legalize the use of fentanyl testing strips (H441 – passed the House, in the Senate). Fentanyl testing strips were designated as “drug paraphernalia” in statute, making their possession a crime. This bill would now allow for the legal use of fentanyl testing strips. I voted FOR this common sense bill, made all the more important by the draconian punishments in the fentanyl bill that passed the House a few weeks ago. This bill at least gives a person the opportunity to know if they are unknowingly in the possession of a substance that contains fentanyl.   
 
 
Sex and Porn
 
Redefine the word “sex” to be synonymous with the word “gender” (H421 – passed the House, in the Senate). This is bill is a Trojan horse. The sole purpose of this bill is to lay the groundwork for writing bills next year that will legislate people with gender dysphoria out of existence (e.g. designations on driver’s licenses, birth certificates, etc.). I voted AGAINST this “culture war” bill which attempts to rewrite Webster’s Dictionary.
 
Prohibit the sexual depictions of children generated by Artificial Intelligence (H465 – passed the House, in the Senate). This bill amends Idaho’s child pornography law to include artificial intelligence (AI) generated sexual depictions of a real child, or what appears to be a real child. I voted FOR this bill, which is a rare example of government attempting to proactively address the abuse of an emerging and rapidly growing technology.
 
Death by firing squad for engaging in lewd conduct with a minor (H515 – passed the House, in the Senate). Lewd conduct with a minor is a heinous crime that should be met with harsh punishment. I could have voted for this bill, but it went too far by imposing the death penalty (which now allows for execution by firing squad). I am not opposed to considering use of the death penalty, especially if a homicide is involved. However, expanding the death penalty for other crimes can be a slippery slope we should avoid going down. I was not present on the House floor when this bill came up for a vote, but I would have voted AGAINST it. Legitimate questions have also been raised as to whether this bill is unconstitutional. We’ve already wasted enough taxpayer dollars defending unconstitutional laws.
 
Online Child Safety Act (H498 – passed the House, in the Senate). The nearly ubiquitous access to pornography on the internet is a major problem, especially when it is made readily available to minors. This well-intentioned bill attempts to protect minors from harmful material on the internet. While it will probably require the federal government to enforce a law like this (as opposed to each state individually), I voted FOR this bill in support of moving toward a nationwide solution for a problem that is far greater than one or two books on a library shelf.
 
 
Education
 
Harmful content in libraries (S1289 – failed on the Senate floor). This was the Senate’s compromise version of an earlier House bill (H384). It kept the ability for anyone to sue a library if they found a book they didn’t like, but it established a rigorous review process that one must go through before being able to file a civil action lawsuit. The bill failed by one vote. Democrats who felt the bill was unnecessary were joined by hard-right Republicans who felt the bill made it too difficult to sue a library. Majority party leaders have made it clear they are intent on passing some (or any) kind of “library bill” this session. The killing of this bill may result in resurrecting the more severe House bill (H384), which threatens to intimidate libraries and run the risk of shutting some of them down. (Note: Since bill died in the Senate, it never came to the House for a vote.)
 
Require schools to notify parents if their child is being bullied or is bullying others (H539 – failed on the House floor). This long-overdue bill would have provided parents with vital information concerning the safety of their child which they otherwise might not know. It enables parents to help prevent the serious emotional and physical harm caused by bullying – including suicide. I voted FOR this bill, which addresses a topic I’ve been hearing from constituents since I started knocking on doors in 2010. It is both a shame and inexcusable that this bill died in the House.
 
Allow parents to teach their children how to drive (H531 – passed the House, in the Senate). This bill has come up before and failed before. It addresses an issue in rural Idaho where access to driver’s education instruction can be limited. I have voted against earlier versions of this bill due to the safety concerns it creates in a busy, congested district such as mine, which is bordered by three of the busiest roads in Idaho: US 20 (Chinden Blvd.), Hwy 55 (Eagle Rd.), and Interstate 84. While this bill is not perfect, I voted FOR this bill because it was changed to not be applicable where school districts offer driver’s education training classes, thus addressing my primary concern. 
 
Accelerate Charter Schools Act (H422 – passed the House, in the Senate). This is the bill that makes it easier for outside interests to expand their charter school presence in Idaho. I wrote about this bill in my last newsletter but forgot to include the video of my debate against it in the House Education committee. Click here to see my debate.


Other
 
Prevent the state from keeping surplus proceeds in excess of debts owed (H444 – passed the House, in the Senate). If you owe the state money (let’s say $10,000 in property taxes), the state can take your house and sell it to recover the debt you owe. This bill ensures that you will receive the proceeds from the sale that are in excess of the amount necessary to satisfy the debt. It prevents the state from keeping the entire amount received from the sale. I voted FOR this bill, which aligns Idaho law with a recent U.S. Supreme Court ruling.
 
Make birth records available to adoptees once they reach 40 years of age (H544 – passed the House, in the Senate). This bill forces agencies to release birth records even if the birth mother gave their child up for adoption on the condition that the records remain sealed forever. This is the state intruding on the birth mother’s privacy and forcing agencies to break their promise of confidentiality. We heard some heart wrenching stories in favor of this bill, but we also heard compelling scenarios that could tear a family apart by violating a promised confidence. I voted AGAINST this bill. A promise is a promise, especially if a promise of confidentiality convinced the mother to put her child up for adoption instead of getting an abortion. The strongest argument in favor of this bill was the importance of an adopted child to know their birth family’s medical history. I would support a bill that encouraged this medical history to be captured when a child is put up for adoption and then allow the agency to release only that information upon request of the child.     
 
Eliminate the automatic replacement of license plates (H413 – passed the House, in the Senate). Currently, license plates are replaced by the state every ten years. This bill eliminates this action. It will save the state money, but it shifts the burden for replacing the plates from the state onto you. Your plates won’t be replaced unless you request it, and you would be under no obligation to do so. This puts you at risk. You can be fined if your plate is worn or damaged if it is not readable from 75 feet away. This can also hinder identification of a vehicle leaving the scene of an incident. I voted AGAINST this bill. I would have preferred the life of the plate be extended from 10 to 15 years before automatically replacing it. That would still save the state money, but without placing the burden on you. I was the only member of the House to vote against this bill. However, the senate is currently holding the bill in committee due to concerns subsequently raised by some members of the law enforcement community.

 
In the hopper

Here’s a list of selective bills still making their way through the House and Senate:
 
H426 – Restrictions on the use of Artificial Intelligence (AI) in political/election advertisements.
 
H447 – School voucher bill (called a “parental choice tax credit”).
 
H453 – Appoint State Board of Education members by geographical regions.
 
H470 – Create an ““Office of Elections Crimes and Security” within the Attorney General’s office.
 
H538 – Prevent requiring a person to be addressed by the pronoun they prefer.
 
H573 – Limit how an absentee ballot request form is obtained.
 
H595 – Outcome based funding for education.
 
H598 – Create a new crime called “organized retail theft.”
 
H599 – Limit who can deliver a valid, sealed absentee ballot to an elections office on behalf of another person.
 
H602 – Make it more difficult for teachers to pay dues to a teacher’s union.
 
H606 – Charge a fine of $420 for possession of three ounces or more of marijuana.
 
H617 – Make it illegal to run a syringe/needle exchange program designed to protect people from contracting AIDS and other diseases.
 
H623 – Redefine “domestic terrorism” to exclude certain domestic terrorists (new version).
 
H644 – Appoint members of the State Board of Education by region.
 
HCR26 – Delay (stop?) the University of Idaho’s attempt to acquire the University of Phoenix.
 
S1234 – Provide insurance coverage that allows receiving up to a six month’s supply of contraceptives (passed the Senate).
 
S1240 – Allows unorganized militias to parade in public with firearms.
 
S1249 - Creates “teacher spending accounts” to help offset out-of-pocket costs for teachers.
 
S1261 – Limit the ability for state employees to work from home (telework).
 
S1273 – Require the Secretary of State’s Office to prepare a comprehensive voters’ guide for primary and general elections.
 
S1300 – Repeal parts of Idaho’s Child Labor laws.
 
S1317 – Create a new “Don’t Tread On Me” license plate (passed the Senate).
 
S1346 – Remove the statute of limitations for the crime of incest.
 
S1363 – Prohibit voting machines in Idaho from connecting to the internet.