The Legislature's power-grab
The Legislature is implementing a systematic take-over of responsibilities that belong to the departments and agencies governed by the Executive branch.
Here’s how the co-equal branches of state government work: The legislature writes laws that set policy for the activities and responsibilities of the state. The departments and agencies of the Executive branch write detailed rules to implement the legislature’s policy decisions. Extensive “negotiated rulemaking” processes are conducted year-round with stakeholder organizations that will be impacted by these rules. The legislature then has the final approval of any changes that the agencies make to existing rules. However, the legislature cannot remove or change an existing rule that is not being changed. Moving rules into statute essentially turns all existing rules into law, thus allowing the legislature to rewrite, edit, or remove them entirely.
Idaho has a part-time legislature that meets for only three months during the year. The only requirement to be a legislature is to be a U.S. citizen over 21 years old and live in the district you represent. That’s it. The legislature has neither the time, expertise, nor processes to control rules through a part-time political lens. The writing of rules needs to be owned and controlled by experts with training and experience in their field of work, not an ever-changing group of politicians who know little about the details of how government agencies actually work and are heavily influenced by the political considerations of the moment.
Our nation is founded on co-equal branches of government. Maintaining this balance of power is essential to making sure government makes decisions that are fair and balanced. Therefore, I am VOTING AGAINST any bill that creates an imbalance by moving rules into statute, including the ones below from this session alone:
- H90 (passed the House and Senate, to the Governor). Prohibits creating rules that would expand eligibility requirements for public assistance programs.
- H200 (passed the House and Senate, to the Governor). Moves current rules governing pharmacies into statute.
- H243 (passed the House and Senate, to the Governor). Requires all rules governing daycares to be moved into statute in 2026 (more on this bill below).
- H290 (passed the House, in the Senate). Moves current rules pertaining to immunizations into statute.
- H312 (passed the House, in the Senate). Moves current rules pertaining to daycare licensing into statute.
- H336 (passed the House, in the Senate). Moves current rules pertaining to child support into statute.
- S1014 (signed into law). Moves current rules pertaining to tests and blood specimen collection for infants and newborns into statute.
- And then there’s this ultimate power-grab by the legislature:
Create an Idaho DOGE task force (H364 – passed the House, in the Senate). The stated purpose of this bill is to “enhance the effectiveness and accountability of governance in the State of Idaho.” That sounds good, until you get to this part of the bill’s Statement of Purpose: “a long-term goal of shifting nearly all regulations to statute by 2033.” I VOTED AGAINST this effort to take away responsibilities that should rightfully stay with the Executive branch.
Maintenance budget bills
As mentioned in my last newsletter, the process used by JFAC (Joint Finance and Appropriations Committee) to set the state budget was changed last year to split each state agency’s budget into two parts: a bare-bones maintenance budget bill, followed by a separate supplemental budget bill that provides the additional money needed to handle growth and other fiscal needs. There is no guarantee that a supplemental budget will be created or that it will be adequate. CLICK HERE to read how dysfunctional JFAC has become.
Therefore, I have to assume that the maintenance budget is the only budget I will see – and I will VOTE AGAINST all of them because none of them are sufficient. I will vote for the supplemental budgets unless they too are inadequate or in some other way egregious. So far, I have voted against the following maintenance budgets since my last newsletter:
- S1106 (signed into law). Maintenance budget for the Judicial Branch.
- S1107 (signed into law). Maintenance budget for Department of Public Safety.
- S1109 (to the Governor). Maintenance budget for Economic Development.
Health & Welfare
Cut Medicaid costs by covering fewer citizens (H345 – passed the House and Senate, to the Governor). NOTE: This replaces H138, which was essentially a complete repeal of Medicaid expansion. This bill attempts to cut the state’s Medicaid cost by significantly expanding work requirements and thus reducing the number of people covered. Results in other states show that about one-fourth or more of Medicaid recipients get kicked off the program – mostly due to not being able to keep up with the mountain of new paperwork created to maintain their benefits. The managed care portion of this bill can increase administrative costs from about 3% to an estimated 15%, which goes to the bottom-line profits of third parties at the expense of benefits to participants. I VOTED AGAINST this bill. The legislature has been wanting to repeal Medicaid expansion since voters enacted it in 2018. This is an attempt to move the ball further down the field toward the same goal of full repeal of Medicaid Expansion.
Prohibit local ordinances pertaining to the licensing of daycare facilities (H243 – passed the House and Senate, to the Governor). This bill removes all local control of daycare licensing and gives it to the state. The real intent of this bill appears to mitigate the shortage in daycare facilities by eliminating regulations, including a maximum ratio of children per caregiver. No other state in the country allows this! This bill requires a daycare to post this ratio, but it does not require letting parents know when they change those posted ratios (which they can do at any time). This bill can also lower or eliminate caregiver training and facility inspection requirements. Proponents claim that the free market alone should decide these issues. It’s not that simple, especially in communities where there are few choices. Working parents desperate to find daycare will no longer be able to rest assured that a daycare facility will meet their expectations for child safety and caregiving. I VOTED AGAINST this bill which eliminates a fundamental consumer protection for parents and their children.
Provide coverage for supplemental breast cancer screening (H134 – passed the House, in the Senate). This bill would require medical insurance coverage for persons with a heightened risk of breast cancer due to a genetic predisposition to breast cancer, presence of BRCA1 or BRCA2 gene mutations, prior radiation therapy or extremely dense breast tissue. I VOTED FOR this bill, which will save the lives of people who forego additional screening due to the cost and thus don’t receive the treatment they need in a timely manner.
Require disclosure of mRNA vaccination status prior to donating blood (H131 – passed the House, in the Senate). Implementation of this bill will create significant bureaucratic and logistical nightmares for hospitals, the Red Cross, and other blood donation efforts. I VOTED AGAINST this bill, which is based more on discredited anti-vaccine fearmongering and could put lives at risk if it makes it more difficult to deliver a life-saving blood transfusion.
Exclude candy and soda from supplemental nutrition assistance program benefits (H109 – passed the House, in the Senate). This bill asks the Idaho Department of Health and Welfare to request a waiver from the federal government to be able to exclude candy and soda from SNAP (Supplemental Nutrition Assistance Program) eligible foods. It is problematic for several reasons. This is a federal program and any changes should be done at the federal level, especially with a new administration in charge. The bill contains arbitrary definitions for “candy” and “soda” that could result in banning items like nutritious power bars but still allowing the purchase of Jell-O and potato chips. I VOTED AGAINST this bill whose real purpose appears to generate outrage against a single mom receiving public assistance and using it to buy their kid an occasional candy bar instead of broccoli.
Allow electronic monitoring devices to be installed in a long-term care facility (H337 – passed the House, in the Senate). This bill allows residents or their designated representatives to install electronic monitoring devices in their living spaces at a long-term care facility. This helps ensure the resident receives proper care while also deterring potential neglect or abuse. I VOTED FOR this bill, which provides a much needed form of consumer protection for vulnerable family members and their loved ones.
Constitutional amendment to prevent any citizen ballot initiative pertaining to marijuana (HJR4 – Passed the House and Senate. This will appear on the 2026 November ballot for citizens to approve or reject.) This proposed constitutional amendment states that only the legislature can have the power and authority to legalize the growing, producing, manufacturing, transporting, selling, delivering, dispensing, administering, prescribing, distributing, possessing, or using of marijuana, narcotics, or other psychoactive substances. If this amendment is passed, it will prevent a ballot initiative to legalize medicinal cannabis. It would also establish a precedent the legislature is sure to abuse in the future, such as prohibiting other ballot initiatives on term limits, reproductive rights – or anything the legislature doesn’t want you to tell them to do (like Medicaid Expansion). I VOTED AGAINST this arrogant effort that reveals a disdain some legislators have for constituents who don't agree with them (CLICK HERE to see my debate against this resolution).
Business
Protect renters from abusive rental application fees (S1042 – passed the Senate, killed in House Business committee). This bill provides consumer protection for renters by ensuring that application fees are charged only when units are available and are tied to actual costs. This addresses the abuse by bad actors who are exploiting a tight housing market by charging outrageously high non-refundable application fees to dozens of desperate, prospective renters for units that weren’t available or already rented. I VOTED FOR this much needed consumer protection, which is validated by the horror stories many constituents have told me when I knocked on doors in apartment complexes (CLICK HERE to see my debate on this bill).
Protect vulnerable adults from financial exploitation (H323 – passed the House, in the Senate). This bill would allow authorized state agencies to investigate a credible report that financial exploitation of a vulnerable adult has occurred, is occurring, has been attempted, or will be attempted. I VOTED FOR this bill, which provides a measure of consumer protection, especially for the elderly who are often the target (and victim) of email scams.
Increase homeowner control of their HOA (H361 – passed the House, in the Senate). This bill gives the homeowners in a subdivision representation on their Homeowners Association (HOA) board on or before 180 days after 75% of the lots are conveyed to homeowners. It also outlines the complete transfer of the HOA within 12 months to the HOA after 95% is built and occupied. Homeowners living in new subdivisions that are not built out are often frustrated by the complete control the developer has until the last lot is sold. I VOTED FOR this bill which is a small first step to make this situation better for homeowners. There are opportunities for the legislature to build upon this bill.
Change the sales tax exemption for computer servers used in large data centers (H315 – passed the House, in the Senate). This is the most difficult vote I have had to cast this session. In 2020, the legislature created a sales tax exemption for all data center servers purchased to equip a data center valued at $250 million or more. This was created specifically to entice Meta (parent company of Facebook) to build a data center in Kuna. I voted against this bill, which would provide this tax break in perpetuity (a $100+ million tax break over time to one of the richest companies in the world in exchange for creating relatively few full-time jobs). There is now talk that Google might want to build a huge data center in the same vicinity. This bill modifies the current law created for Meta by capping the sales tax exemption for servers to those purchased during the first seven years. Meta is still grandfathered in to receive their sales tax exemption forever. But this would limit the sales tax exemption for all future data centers valued at $250+ million.
I oppose most sales tax exemptions, especially ones like these that starve the state budget of much needed revenue for education, infrastructure and vital services while helping enrich some of the wealthiest corporations. However, I VOTED FOR this bill because it was the only way to limit the disastrous fiscal impact of the bill passed in 2020. In short, I had to support a bill that hurts the state today to prevent hurting the state even more tomorrow.
Enhanced consumer privacy in mortgage transactions (H149 – passed the House and Senate, to the Governor). This bill prohibits practices regarding the solicitation of consumers based on “mortgage trigger” leads. These leads often cause confusion since consumers are unable to distinguish whether the contact is from their actual mortgage lender or another company attempting to solicit their business. I VOTED FOR this bill which is good consumer protection legislation.
Expedite the approval of permitting broadband infrastructure projects (H180 – passed the House, in the Senate). This bill requires local permitting agencies to make decisions on broadband and other telecommunication projects within a set period (10 days to notify the applicant that the project request is incomplete; 60 days to approve the permit request). If the agency fails to make decisions within the set timeline, the project is deemed approved. I VOTED AGAINST this bill. I support the intent to speed up the approval process, but compelling testimony was given as to the arbitrary deadlines not being sufficient, especially for complex projects in urban areas. I also object to affirmative decisions being made by default. A project should have the affirmative approval of a governing agency, not a line in statute that essentially takes that decision-making authority away from them.
Eliminate the requirement of make-up artists to be licensed (H121 – passed the House and Senate, to the Governor). I support removing licensure requirements when they no longer make sense, and I have voted in favor of eliminating several of them during my tenure in the legislature. However, licensure can provide important consumer protections in certain circumstances. The human eye is the only part of the brain that comes in direct contact with the outside world. As such it warrants certain protections. I VOTED AGAINST this bill. The application of chemicals that can come in direct contact with the brain should be done by someone with verified training and experience in the field.
Declare gold and silver coin shall be legal tender in the State of Idaho (H177 – passed the House and Senate, to the Governor). This bill is a gift to political donors who own for-profit repositories for gold, silver and other precious metals. Previous bills that would allow the state to invest its cash in gold and silver have repeatedly failed. Had they become law, the state would then need to find a place to store their gold and silver (hence the connection). This bill lays the groundwork for those previous failed bills to pass. I VOTED AGAINST this bill, which does not serve the broader interests of Idaho citizens.
Eliminate the requirement for direct supervision of electrical contractors (H214 – passed the House, in the Senate). This is one of the most irresponsible bills this session. Current law requires the direct supervision of electrical contractors by a licensed residential electrician, licensed journeyman electrician, or licensed master electrician. The naïve argument made by the sponsor was that electrical contractors can self-regulate themselves because if they do a bad job, it will hurt their business. Regulations are put in place to protect consumers from bad actors, such as electrical contractors who cut corners, over-extend themselves, go out of business, etc. Self-regulation is no regulation – and safety is always an issue when working with electricity. I VOTED AGAINST this dangerous bill. It is worth noting that about one-third of the members of the House Business committee own electrical contracting businesses.
Education
Control student use of cell phones while in school (S1032 – signed into law). This requires that all school districts assess the impact of mobile devices in the classroom and develop policies that promote distraction-free learning. It grants local school districts the flexibility to create policies tailored to their specific needs and circumstances. It does not mandate a statewide ban on cell phones in the classroom, but it allows local school districts to establish policies that address this concern. I VOTED FOR this common sense, much needed bill. It is worth noting that this bill passed unanimously in both the House and Senate.
Freedom of speech on college campuses (H240 – passed the House, in the Senate). This bill lets students and student organizations do and say almost anything they want anywhere on campus with few restrictions. It also prevents the college from charging a security fee, no matter how inflammatory a guest speaker might be or their history of inciting civil disobedience. The bill includes outrageous penalties of up to $25,000 (plus other damages), and a lawsuit can be filed up to a year after an alleged violation. The sneaky part of this bill is the definition of a “student organization” which is “an officially recognized group at a public institution of higher education or a group seeking official recognition.” This means that any group of students who are Nazi sympathizers who have requested but not yet received official recognition are free to invite guest speakers and hold rallies on campus – with the university paying for any security costs. I VOTED AGAINST this bill that has a great sounding title but contains poison bills buried within it that can create far more trouble than the imaginary problem it is trying to solve (CLICK HERE to see my debate against this bill).
Force school boards to let anyone attending any board meeting to talk about anything they want (S1007 – passed the House and Senate, to the Governor). This bill is another example of the state telling a local governing entity how to do their job. I VOTED AGAINST this unnecessary bill which shows no respect for local government, and runs the risk of facilitating groups of people who want to deliberately hijack or shut down a meeting by showing up in large numbers (which has happened recently at some school board meetings).
Shift Idaho’s participation in WWAMI to other medical schools (H368 – passed the House, in the Senate). Idaho does not have a medical school. For decades, Idaho has partnered with other western states (WWAMI – Washington, Wyoming, Alaska, Montana, Idaho) by acquiring slots for Idaho medical students at the University of Washington School of Medicine (UWSM). After finding a reference to DEI in an elective course taught at UWSM, an effort was launched to reduce Idaho’s participation in WWAMI and seek a possible relationship with Utah and/or purchase ICOM (Idaho College of Osteopathic Medicine), a private for-profit school that teaches a different medical discipline. I VOTED AGAINST this bill that diminishes a very successful relationship with the UWSM for political reasons at a time when Idaho is in desperate need of medical doctors. Idaho has the lowest number of doctors per capita - a problem that is particularly acute in rural parts of the state. This bill exacerbates that situation more than it helps.
Revenue and Taxation
Property tax relief (H304 – passed the House, in the Senate). This bill provides an additional $100 million of property tax relief every year. $50 million of it will be provided through the School Facilities Fund and $50 million will be provided in the Homeowner Property Tax Relief account. I was absent for the vote on this bill due to a doctor’s appointment. However, I would have VOTED FOR this bill had I been present. However, this relief comes at the risk of not being able to adequately fund public education. It takes $100 million – every year – out of the source of funding for public schools. I decided to support this bill because property tax relief is also a top issue for my constituents, and this is the only way majority party leadership will allow it to be provided.
Allow county commissioners to impose property taxes on hospitals (H130 – passed the House, in the Senate). This bill eliminates state law that exempts property taxes on hospitals and gives that authority to county commissioners, who would have full authority to determine whether to grant a property tax exemption in full, in part, or remove it entirely. Hospitals are granted a property tax exemption in part due to the vital service they provide a community. I VOTED AGAINST this bill, which will ultimately result in higher medical and insurance costs, since hospitals will wind up passing the cost of their increased tax burden onto patients.
Eliminate sales tax for fees related to animal adoption (H263 – passed the House, in the Senate). I usually do not support sales tax exemptions, but I’m not opposed to all of them. I VOTED FOR this bill that has a modest impact on revenue and is a reasonable recognition of the act of kindness that also benefits our community by finding homes for abandoned animals.
Sex
Restrict minors from accessing indecent sexual exhibitions (H230 – passed the House, in the Senate). I do not support exposing minors to indecent sexual exhibitions, and I support well-written laws that prohibit minors from accessing indecent, adult-only sexual exhibitions. However, the vague language in this bill can turn acceptable public performances that contain something as simple as a “sexually provocative dance” into a crime and allow anyone to sue for $5,000 (plus other “damages”). The penalties in this bill will serve to intimidate and discourage legitimate theatrical and artistic performances from coming to Idaho. I VOTED AGAINST this bill, which continues the legislature’s efforts to allow the most easily offended person in the community to stop other families from seeing (or reading) what they don’t like. (NOTE: My voting against this bill doesn’t mean I support the opposite of its intent. I vote on bills based on its content, not its intent.)
Prohibit men and women from occupying the same enclosed space in certain circumstances (H264 – passed the House, in the Senate). This is the legislature’s umpteenth anti-transgender bill that is now expanding from bathrooms to include changing room and sleeping quarters. It plays off the unsubstantiated fear that men are routinely pretending to be women so they can assault women in these locations. It also pretends to believe that gender dysphoria is not real, and that people treated for it should not expect society to accept them for who they know themselves to be. It is far more likely that a person born male who is transitioning and presenting themselves as very feminine would be assaulted if forced to use a men’s bathroom, changing room, or sleeping quarters. It would be equally unsettling to have a person born female who is transitioning to male and presenting themselves as very masculine walk around a women’s locker room.
The transgender issue is relatively new and very difficult for a lot of people. It challenges certain societal norms, and I appreciate the discomfort this can cause. We’ve been through other such disruptions to societal norms in recent times, such as inter-racial marriage and same-sex marriage. I VOTED AGAINST this bill which takes a heavy-handed, cold-hearted approach to a challenging issue that essentially tells transgendered individuals to leave Idaho if you want to live your life. I have met several transgendered individuals while knocking on doors in my district, and many of their friends and family members who love them. I will not pretend they don’t exist.
Indecent exposure (H270 – passed the House, in the Senate). This bill changes the definition of indecent exposure to include the willful exposure of real, artificial or medically or hormonally altered breasts (among other things). The motivation for this bill was apparently an inappropriate act of indecent exposure by an individual during a public event. It is yet another bill creating a statewide law (and a new crime) in reaction to an isolated incident. I don’t condone the incident in question, but I VOTED AGAINST this bill because it is poorly written, extremely problematic and excessively harsh. Particularly troubling is that the bill also applies to private locations and events, not just public events. This new crime could be triggered by anyone who is “offended” – without defining what that means. Equally concerning is that a violation would be a felony with a prison sentence of up to five years. This is a well-intentioned bill, but we shouldn’t drive a nail with a sledgehammer.
Other
Support an Article V Convention of States (HCR9 and HCR10 – both failed on the House floor). This resolution would add Idaho to the list of states calling for a constitutional convention as provided by Article V of the U.S. constitution. Most advocates for this action want to force Congress to reduce the growth of the national debt by enacting a balanced budget amendment. They are frustrated in not achieving this via the constitution’s amendment process, so they are turning to another part of the constitution (Article V) as an alternative way to achieve their goal. I share the concern about the national debt. However, I am concerned that trying to address this single issue via a process that could very well result in rewriting other portions of the constitution could have disastrous and severe unintended consequences. I VOTED AGAINST these resolutions out of concern that the risk they present to the constitution is too severe. CLICK HERE to see my debate on this issue which explains other reasons for my vote.
Criminalize SWATTING (S1019 – signed into law). The term “swatting” refers to someone making a false report of violence or emergency occurring at another person’s home to harass and terrorize them. Making this false report results in a law-enforcement SWAT team to arrive at the scene. SWAT tactics can result in serious injury (even death) to the unsuspecting innocent party who has no idea what’s going on. I VOTED FOR this bill that stands out as one that deserves to impose severe penalties for a truly criminal act.
Protect media source confidentiality (H158 – passed the House, in the Senate). This bill is a shield law that protects media source confidentiality when engaging in newsgathering activities, except in cases of national security or imminent physical harm. The Fourth Estate (the press and news media) provides an important external balance to the power of government. I VOTED FOR this bill which is necessary to protect the newsgathering activities of legitimate journalistic organizations.
“An Appeal to Heaven” license plate (H235 – passed the House, in the Senate). This bill would create another specialty license plate (along with last year’s “Don’t Tread on Me” license plate) that originated as a flag from Revolutionary War times but has recently been repurposed as a symbol used by certain groups, including those that participated in the January 6th storming of the U.S. Capitol. Meanwhile my proposed “Too Great for Hate” license plate was denied a hearing in the House Transportation committee and was killed after another version of it (S1072) was introduced in the Senate. I VOTED AGAINST this bill, which is turning Idaho license plates into political statements reserved only for members of the majority party. |
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