Rep. Steve Berch Newsletter: 
Hurry up and wait

 

We’re entering the end-game portion of the legislative session. There are four games being played as we lurch toward the end (with a lot of negotiations behind closed doors):

  1. Waiting to see which House bills will move forward or stall in the Senate, and vice versa.
  2. Waiting for budget bills, and which agencies will be adequately funded – or not.
  3. Waiting to see what new bills may suddenly appear at the 11th hour.
  4. Waiting to see which bills the Governor vetoes, and what the legislature does about it.   

This is when really bad decisions can happen. Legislators are tired. They want to go home or get back to their regular jobs. Rules are suspended to hurry up the process, which results in bills being passed that legislators haven’t had time to read, stakeholders haven’t had time to analyze, and the public has little or no opportunity to be heard. This is particularly egregious when legislation of major consequence are pushed through at breakneck speed. I recently spoke to KTVB-TV about the volume and quality of bills this session (CLICK HERE).

We’ll have to hurry up and wait to find out how it all ends.
        
 
NOTE:  You can look up any bill introduced since 1998 by CLICKING HERE  

Poison pills

When is a seemingly benign bill not so benign? When it is a poison pill planted into Idaho law today so it can be weaponized tomorrow for an ulterior motive. This is a relatively new and growing tactic in the Idaho Legislature. Below are just a few examples from this session: 

Amending the Idaho constitution to make English the official state language(HJR6 - adopted). This sounds rather innocent – and it is totally unnecessary since all government business in Idaho is conducted in English. One must therefore consider how it would be used to make serious changes later. For example: If English is Idaho’s official language that means all other languages are unofficial. A future bill could use this interpretation to mandate that all state and local government business be conducted only in English (under the guise of saving taxpayer dollars). This would eliminate Spanish-language ballots, non-English government webpages and documents, court translators, dual-language public signage, and so on. I VOTED AGAINST this bill because it is meaningless taken at face value, but it can be used to disenfranchise many Idaho citizens (CLICK HERE to see my debate). Note: This proposed amendment to the Idaho constitution will appear on the 2026 November ballot.

Civics test requirements for graduating high school (H397 – passed the House and Senate, to the Governor). This bill lists 11 components the State Department of Education (SDE) must include in a civics test. This bill is completely unnecessary. It is the responsibility of the SDE to set curriculum standards, including graduation requirements. By adding these requirements into statute, the legislature can change the requirements in a future bill. For example: the legislature can add a 12th requirement to add the bible to be taught as one of the country’s founding documents (which some legislators have asserted). In fact there’s a bill that demands this be done (H162). That bill is stalled, but if this bill becomes law, it can be used as a back door to bring bible-teaching into public schools. I VOTED AGAINST this bill, which enables extremists to indoctrinate children with their religious beliefs through statutory manipulation of public school course curriculum.
 

Require party affiliation to appear on all campaign communications for partisan elections (H359 – passed the House, in the Senate). The poison pill in this bill is the word “partisan.” If this becomes law, then a future bill that simply removed the word “partisan” would effectively make all elections partisan (e.g. city council, school boards, library districts, highway districts, etc.) – which is what the original version of this bill attempted to do (H259). I VOTED AGAINST this bill. 
 
If a bill is either unnecessary or used to serve an ulterior motive, it’s a pill I won’t swallow

 
 
Rotunda Roundup

Health & Welfare
 
Medical Freedom Act (S1023 – passed the House and Senate, vetoed by the Governor). This bill prohibits any government entity or private business from placing any medical requirement on any person or employee infected with a contagious, potentially deadly disease (e.g. measles, tuberculosis, pertussis, RSV, spinal meningitis, or some new airborne virus). A modern day version of Typhoid Mary would have the “medical freedom” – without any personal responsibility – to come and go as they please, and not even have to tell their employer that they are contagious. I VOTED AGAINST this incredibly irresponsible bill that violates the rights of private business owners (and places the liability on them), ignores the “health freedom” of workers to not be forced unwittingly to work side-by-side with a contagious co-worker, and presents a clear danger to public health and safety.    
 

Improve child protection services(S1090 – signed into law). This new law decreases the time children spend in foster care by promoting more frequent judicial review of cases and expedites the permanent placement of children in adoptive homes when parents fail to complete court-ordered case plans. I VOTED FOR this improvement to the child protection services process.
 

Eliminate public benefits for persons who cannot show they are lawfully in the United States (H135 – passed the House and Senate, to the Governor). This bill eliminates benefits for anyone not lawfully in this country, including: testing and immunization for communicable diseases, access to food kitchens, pre-natal and post-natal care, and food assistance for dependent children. The problem with this bill is that it targets children who did not decide to come to the United States illegally. It also creates a public health risk for Idahoans who can become infected by those who have been denied immunization for communicable diseases. I VOTED AGAINST this bill. It is cruel to innocent children, presents a risk to Idahoans, and can’t demonstrate a quantified cost savings to taxpayers.  
 

Limit the abilities of district health boards (S1031 – signed into law). This bill removes a district health board’s ability to take certain actions for public health, including preventative measures. I VOTED AGAINST this unnecessary bill that is a remnant from the COVID pandemic and could limit health boards from taking necessary actions in the face of a future unknown threat to public health and safety. Writing restrictive laws based on anger from a once-in-a-century event (COVID) can limit preventative measures one might regret not having at their disposal. 


Education
 
Require the teaching of sex education in public schools to be an opt-in instead of the current opt-out (H239 – signed into law). This bill prohibits the teaching of sex education in public schools (except anatomy) unless the parent submits a signed permission form to the board of trustees. The bill also details circumstances for disciplining a teacher and allowing parents to sue the school district for “damages.” For decades the state’s policy has been that every child be taught sex education unless the parent requests to opt-out their child. This bill turns that policy upside down so that no child will be taught sex education unless the parent requests to opt-in their child to attend. I VOTED AGAINST this terrible bill. Current participation in sex education classes is about 97% (3% opt-out). Requiring an opt-in will likely drop participation rates below 50% due to unawareness, confusion, and process difficulties. This means that about half of the sexually curious or active teenagers in public schools will be more ignorant about sex education and thus more likely to make poor, uninformed choices. This can negatively impact their health – and their life (CLICK HERE to see my debate).
 
Allow public school districts and charter schools to hire a school chaplain (H410 – passed the House, in the Senate). I VOTED AGAINST this bill, which is yet another effort by a determined faction within the legislature to inject religious indoctrination into your child’s classroom.
 

Change the implementation and governance of the LAUNCH program (H461 – passed the House, in the Senate). This bill makes several changes:  
  • Focuses LAUNCH funds on education and training programs of two years or less.
  • Limits LAUNCH funds for 4-year baccalaureate programs to career fields in health care, engineering, and information technology.
  • Changes the oversight of LAUNCH and its policies by creating a nine-member advisory board consisting of three appointees each from the Governor, the Senate ProTem, and the Speaker of the House.
VOTED AGAINST this bill. The LAUNCH program has proven to be very successful thus far. Adjustments should always be expected during the initial years of a new program, but there is no reason to make changes this significant this soon. I am particularly concerned about creating a new oversight committee that may displace the Workforce Development Council that currently oversees the program. This would replace industry experts with political appointees, and thus risk politicizing the program.
 

Require allocated funds for public schools to be used only for its intended purpose (H416 – passed the House, in the Senate). In addition to the above description, this bill requires that any funds intended for a certain purpose, but used for another purpose, shall be reimbursed to the state. I VOTED AGAINST this bill for several reasons: It removes the flexibility a school district might need to spend funds differently to meet changing situations and priorities. This degree of micro-management could force school districts to spend money inefficiently (use it or lose it). Most appalling is the blatant hypocrisy of this bill. The legislature wants to tighten the screws on public schools while it hands out $50 million in a new school voucher/tax credit (H93) to private and religious schools without any accountability whatsoever.
  
 

Other

Limit the ability of Idaho roads to accommodate bicycles and pedestrians (S1140 and S1144 – passed the House and Senate, to the Governor). The first bill (S1140) declares that Idaho roads shall “primarily benefit motor vehicles.” The second bill (S1144) requires that pedestrian and bicycle facilities may only be improved as a secondary or collateral benefit for a highway project; and non-residential collector and arterial roadways may not be reduced in width. I VOTED AGAINST both of these bills which callously rejects the legitimate multi-use purpose of roads. They relegate cyclists and pedestrians to second-class citizens, and will result in increased injuries and deaths due to accidents that could otherwise be minimized or prevented. The short-sighted, narrow-minded thinking behind these bills is staggering. Even worse is that any elected official who does not adhere to S1140 can be fined and sent to prison! This punitive, dictatorial effort to control local government entities is beneath the dignity of the legislature and a violation of the Republican Party principle that government is best when it is closest to the people (which I support). 
 

Ban unauthorized public camping or sleeping (S1141 – passed the House and Senate, to the Governor). This bill allows any person or business to sue a city if there is a homeless person living in their car (or other shelter) on a public street or space that they think “adversely affects them.” It also empowers the Attorney General to sue a city. I VOTED AGAINST this mean-spirited bill that makes no effort to actually address or solve the issue of homelessness other than just telling a city to get rid of homeless people – or else the legislature will punish you.    
 

Allow local governments to display only certain flags (H96 – passed the House and Senate, to the Governor). This bill prohibits a government entity from displaying any flag on its property except:
  • The United States flag.
  • The flag of the government entity.
  • The official flag of any state of the United States.
  • Official flags of any of the military branches.
  • The POW/MIA flag.
  • Official flags of Indian tribes.
  • Official flags of countries other than the United States to commemorate special occasions.
  • Official flags of Idaho colleges, universities, and public schools. 
The real motive behind this bill is to prevent a municipality (specifically Boise) from displaying a rainbow flag (which the bill’s sponsor called a “sex flag” during debate). To leave no doubt as to the sponsor’s intent, a picture of rainbow flags displayed along Harrison Boulevard was distributed to everyone in the House chamber. I VOTED AGAINST this bill that does legislatively what the bigots who recently tore down the rainbow flags along Harrison Boulevard tried to do physically.
 

Increase reporting requirements for lobbyists (H398 – passed the House and Senate, to the Governor). This bill increases the frequency of reporting by registered lobbyists during and outside legislative sessions. In addition, it updates the definition of lobbying to indicate clearly that both direct and indirect efforts to influence policymaking are considered lobbying. I VOTED FOR this bill which provides much needed clarity and transparency of lobbying efforts in Idaho.
 

Death penalty for certain sex offenders (H380 – signed into law). This bill imposes the death penalty on a person convicted of specific sexual crimes against minors when certain aggravating circumstances exist. The crimes defined in this bill are truly heinous. Perpetrators – especially repeat offenders – deserve the harshest of penalties to ensure they cannot victimize anyone ever again. There are two ways to ensure that outcome: life in prison without any possibility of parole, or the death penalty. My concern when imposing the death penalty for a crime other than murder is that it can send us down a dangerous slippery slope. This bill may also unconstitutional, as was pointed out by the bill’s sponsor. I was not present for the vote on this bill, but I would have co-sponsored it had the penalty been life without parole.
 
 

Moving Rules to Statute
 
This is a continuation of the legislature’s attempt to take control of responsibilities that are rightfully owned by the executive branch (which I discussed in my previous newsletter). I 
VOTED AGAINST all these bills.
  • S1051 (signed into law). Moves current rules pertaining to child support services into statute.
  • S1024 (signed into law). Moves current rules pertaining to Substance Use Disorders (SUD) into statute.
  • S1170 (to the Governor). Moves current rules pertaining to the use of cyanide in mining into statute.

Budget bills
 
I continue to 
VOTE AGAINST these so-called “maintenance” budget bills because they are insufficient skeletal budgets that do not adequately meet their department’s needs. They could also be the final budget since there is no guarantee that a “supplemental” budget bill providing the funds required to meet growth will pass or even be written.
  • S1108 (to the Governor). Health and Human Services.
  • S1110 (to the Governor). General Government (Administration).
I have VOTED FOR all the supplemental budgets that have been presented thus far. However, it is worth noting how many supplemental bills have failed to pass on the House floor:
  • H443 – State Board of Education
  • H449, H475 – Public Schools – Central Services
  • S1154 – Commission on the Arts
  • S1165 –  Health & Welfare – Behavioral Health Services
  • S1174 –  Industrial Commission (Workers’ compensation)
  • S1192 – State Liquor Division
  • S1193 –  Office of Information Technology Services
In the hopper
The list of bills likely to still be voted upon has become much shorter as we head closer to the end of the session:
 
H96 – Allow government entities to only display certain types of flags (prohibit rainbow flags in particular).
H368 – Change Idaho’s participation in WWAMI (Idaho students attending Univ. of Washington Med School).
H422 – Conditional release of adoption information to adoptees.
H436 – Make it easier to dissolve an Urban Renewal District (URD).
H471 – Change how county highway district commissioners are elected (ACHD specifically).
H472 – Medical Freedom Act (replacement for the version vetoed by the governor).
 
S1063 – Allow the raising of “small-scale livestock” for personal or production purposes within urban and suburban properties.
S1097 – Allow any school district to become a charter district.
S1142 – Repeal the Empowering Parents program.
S1212 – Campaign finance reforms