Rep. Steve Berch Newsletter 

2026 legislative session review

 

The 2026 Idaho Legislature continued taking Idaho down the path of becoming one of the most extreme “conservative” states in the country. I put conservative in quotation marks because that word has been redefined by majority party leaders to the point where many long-time, traditional Idaho Republicans and independent conservatives are now being told they are neither Republicans nor conservatives. In short, Idaho’s majority party is at war with itself.
 
The 2026 legislative session was peppered with bills focused on creating campaign talking points designed to inflame emotions in advance of the Republican primary election on May 19. These bills included topics such as immigration, bathrooms, flags, anti-union and anti-LGBT efforts.
 
But the biggest impact that came out of the 2026 session was the budget cuts. The question now will be how much pain Idahoans will feel from these drastic and unnecessary budget cuts – and who will voters blame in November.
 
This session also saw the most bills generated during a legislative session – which is why this newsletter is rather lengthy. The contents are categorized into several sections to make it easier to navigate: 

  1. Constitutional Amendments
  2. Pending ballot initiatives (on the November ballot)
  3. My bills
  4. New Laws
  5. Failed Bills     

This is my last formal legislative newsletter of the 2026 session. However, I will continue sending periodic newsletters throughout the year on a variety of topics, including a more in-depth analysis of this year’s budget and updates on my re-election campaign this November. Thank you for your support and interest in my newsletters!

NOTE:  You can look up any bill introduced since 1998 by CLICKING HERE  
 

Constitutional Amendments

There will be two proposed amendments to the Idaho State Constitution on the ballot this November. Both were passed by the Idaho Legislature in 2025 and now go before the public. A simple majority (50% +1) is necessary for them to pass.
 

Constitutional amendment to make English the “official” language of Idaho(HJR6). While seemingly benign, this completely unnecessary proposed amendment would become the justification for future legislation that could result in English being the only language state and local government can use – and fund. It would make all other languages (including Spanish) “unofficial” by default. I VOTED AGAINST this proposed amendment, which moves Idaho down the path of dividing us into an “us-versus-them” society; those who speak English and those Idaho citizens for whom English is a second language.CLICK HEREto see my debate.

Constitutional amendment to prevent any citizen ballot initiative pertaining to marijuana (HJR4). This proposed constitutional amendment prohibits placing any initiative on the ballot pertaining to this topic, including legalizing medicinal cannabis. I VOTED AGAINST this attempt to take away a fundamental right of Idahoans to place any issue of their choosing on the ballot via the initiative process. CLICK HERE to see my debate. Note: There are two pending ballot initiatives (below) pertaining to marijuana that will appear on this year’s ballot.

Official “State gun” question (H932). This is not a constitutional amendment, but rather a trivial, non-binding question asking voters to select their choice for Idaho’s official “state gun” which would join the list of Idaho’s other official items (birds, animals, dinosaur, etc.).  

 
Pending Ballot Initiatives
There are three potential ballot initiatives for which petitions have been circulating throughout Idaho. For an initiative to appear on the ballot, 6% of the registered voters in 18 out of Idaho’s 35 legislative districts need to sign the petition. The deadline for submitting petitions was April 30, 2026. The Secretary of State’s office then validates the signatures to determine if the threshold is met.  As with constitutional amendments, a simple majority is needed to pass an initiative.
My Bills
Below are bills I wrote this session. They are among many others that I co-sponsored and supported.
 

Abate a growing infestation of invasive rats (S1271 – passed the Senatefailed on the House floor). I co-wrote this bill with Sen. Tammy Nichols (R-Middleton). The purpose of this bill was to take the first step to abate a growing infestation of invasive, non-indigenous Norway and roof rats. Without a coordinated abatement effort, these rats will cause tens of millions of dollars in property damage, agricultural loss, and present a serious threat to public health by spreading deadly diseases (hantavirus, plague, etc.). In addition, homeowners can expect to spend thousands of dollars to rid their homes of rats that invade their attic, crawl space, backyards and kitchen pantries. The bill failed for three reasons:
  1. Opposition from pest control companies who saw it as a threat to maximizing their revenue.
  2. An ideological belief that somehow this would “grow government” – which it doesn’t.
  3. Thirteen Ada and Canyon County representatives voted against it. If only four of them had voted for the bill, it would have passed.  CLICK HERE to see the votes.
Potential revenue recapture (H589 and H590 – blocked by committee chairman).  The purpose of these bills was to provide the legislature the opportunity to increase revenue by up to $290 million in 2027 should uncertainty concerning state and national economic conditions be necessary. H589 offers the option to pause (not repeal) the revenue reduction in H40 ($240M) for only one year. H590 does the same for H93 (pause, not repeal), the $50M school voucher tax credit. These bills would provide a remedy for revenue shortfalls other than drastically cutting budgets. The chairman of the House Revenue & Taxation committee (of which I am a member) denied my request to even introduce the bills for the committee’s consideration.
 

Filling vacancies on a cemetery maintenance district board of directors (H658 – signed into law). This bill solved a problem when all the members of the Joplin cemetery maintenance district resigned at the same time. It enables county commissioners to appoint people to fill enough vacancies to establish a quorum of board members, after which the board can fill any remaining vacancies on its own.
 
New Laws
Below are selected bills that were signed into law by the Governor this year, sorted by the following categories:
  • Revenue & Taxation
  • Health & Welfare
  • Education
  • Business
  • Transportation
  • Local Government/Housing
  • Other

Revenue & Taxation

Budget cuts (S1331). This 49-page bill reduces FY’26 appropriations by a total of $192,656,600. I VOTED AGAINST this unnecessary cut to state services when there is $1.6 billion sitting unused in a rainy-day fund. The legislature could have taken some of those funds, kept state budgets whole and still have over $1.4 billion in the bank. It is clear that majority party leadership deliberately reduced state revenue to justify “making government smaller” no matter who gets hurt.  
 
The best way to describe the current budget process is like cutting off five of your fingers and then reattaching two of them. It’s a two-step process: a “maintenance” budget, followed by the promise of an “enhancement” budget. Most of the maintenance budgets fail to meet the basic needs of a fast-growing state with an aging infrastructure while inflation is on the rise. The problem is that once a maintenance budget becomes law, the legislature’s only constitutional responsibility – to pass a budget – is met and there is no obligation to pass a follow-up enhancement budget. The enhancement budgets rarely add back enough money to meet the needs of a fast-growing state with an aging infrastructure during a period of inflation. The result will be net cuts to education, healthcare, transportation, and a long list of other vital services. The only budget that for sure isn’t being cut is the $50 million going to private and religious schools every year.

The “conformity” bill (H559). This bill aligns Idaho tax code with Donald Trump's Big Beautiful Bill. It is estimated to reduce Idaho revenue by $155-300 million/year. This revenue reduction, along with last year's revenue reduction of $240 million/year (H40) could reduce Idaho revenue by about $5 billion over the next 10 years. I VOTED AGAINST this irresponsible reduction in revenue that was made without first determining the state’s fiancial needs and obligations.
CLICK HERE to see my debate in the Revenue & Taxation committee
CLICK HERE to see my debate on the House floor

Amend the school voucher/tax credit law from 2025 (H934). This bill made a minor clarification to the age of a student for which this tax credit applied. I was absent when this bill was voted on, but I would have VOTED AGAINST it based on what was missing from this bill: a reduction in the $50 million in taxpayer revenue budgeted for private and religious schools commensurate with other budget cuts made this session. The absence of that provision ensured that private and religious schools would remain protected and immune from the budget cuts.
 

Shift revenue generated from liquor sales to partially fund the Idaho State Police (H967). This bill is a good example of fiscal stupidity. It would provide ISP with only $4 million (they need $18 million), half of which would come from liquor sales revenue that help fund counties. Meanwhile, $1.6 billion sits unused in the state’s rainy-day fund. I VOTED FOR this bill because it was the only ISP funding alternative that majority party leadership would allow. CLICK HERE to see my debate against an earlier version of this bill (H944) in committee.

Modify limitations placed on the growth of property taxes (H959). This bill relaxes some of the constraints the legislature placed on a local government’s ability to generate revenue to accommodate growth (H389 – 2021). However, the changes only apply to very small, fast-growing communities where H389 prevented them from keeping up with the public safety service demands (e.g. fire departments). I VOTED FOR this bill, which would have been much better if it repealed H389 in its entirety.
 
 

Health & Welfare

Medicaid work requirements (H913). This bill kicks people off Medicaid if they did not meet requirements set forth in Donald Trump’s Big Beautiful Bill. The bill targets about 80,000 Idahoans currently on Medicaid, with nearly half of them estimated to now lose Medicaid coverage. It requires enrollees to prove that they worked or participated in a form of community engagement for at least 80 hours per month and apply for renewed coverage every three months. The onerous paperwork and administrative requirements alone will cause even eligible, working individuals to lose coverage (as has happened in other states). I was absent when this bill was voted on, but I would have VOTED AGAINST this bill that deliberately hurts people who are truly in need while a $20,000/year tax cut was given to the top 1% of Idahoans last year.
 

The PEDIATRIC SECRETIVE TRANSITIONS PARENTAL RIGHTS ACT (H822). This bill turns every doctor, nurse, behavioral or mental health provider, babysitter and other childcare providers, as well as every public and private school teacher into the gender police. They must report to parents anything their child does or says that doesn’t conform with what the legislature dictates a child’s proper appearance and behavior should be. This includes reporting a child that:
  • likes to be called by a name associated with the opposite gender (e.g. Mel instead of Melanie)
  • dresses or adorns themselves differently (e.g. a girl wearing boyish clothes; a boy with painted fingernails)   
  • has the “wrong” hairstyle (e.g. a girl with very short hair; a boy with very long hair)
  • indicates to a therapist that they may suffer from gender dysphoria and fear for their safety if their parents found out – thus denying a minor with suicidal thoughts from getting confidential assistance.
In addition, this bill empowers the Idaho Attorney General (Raul Labrador) to investigate any allegation of his choosing – with no penalty for making a false accusation. Labrador can seek a penalty of $100,000 – an outrageous amount without precedent in Idaho statute. I was absent for the vote, but I would have VOTED AGAINST this bill, which forces Idaho citizens to be the legislature’s foot soldiers in its contrived war against anything that might even appear to be related to gender dysphoria.
 

Require enhanced coverage for anti-cancer medications (H648). This bill requires healthcare plans to allow cancer patients the option to take prescribed oral anti-cancer medications as an alternative to being treated by infusion. I VOTED FOR this bill which will ease the burden of cancer patients who are currently forced to travel to a health care location to receive an infusion.
 

Parental rights in medical decisions (H860). This bill updates a law that was passed in 2024 (S1329), which required parental consent for nearly every type of medical care for minors under 18. The real intent of the 2024 law was to prevent any conversation about gender dysphoria with a minor. However, it was so broadly written that it prohibited addressing other types of medical care such as access to a suicide hotline, non-emergency first aid, administering a rape kit, and pregnancy care when the mother is a minor. I VOTED FOR this bill which made a bad law a little less bad.
 

Safety checks for children under one year old (H776). This bill directs the Department of Health and Welfare to investigate within 12 hours any report regarding a caretaker of a newborn who presents a risk to the child, such as having been convicted of injury to a child or had their parental rights terminated. I VOTED FOR this bill which provides reasonable and important protection for a potentially at-risk infant or child.
 

Increase oversight of children’s residential care facilities (H723). This bill strengthens provisions regarding individualized service planning and documentation requirements for residential care facilities. It is a good response to a 2025 report by the Office of Performance Evaluations (OPE) highlighting deficiencies and concerns. I VOTED FOR this bill which helps address a situation in need of improvement. CLICK HERE to read the OPE report.

Provide death benefits to surviving spouses of public safety officers (H642). This bill establishes consistent catastrophic benefits for public safety officers who are either killed or severely injured in the line of duty. It is funded solely through public safety officer pension contributions rate – not by employers or taxpayers. I VOTED FOR this important bill that provides peace of mind for those who place themselves in harm’s way for their fellow citizens.
 
 

Education

Anti-teacher union bill (H516/H745) H516 originally had nothing to do with the teachers’ union. It was amended in the Senate by replacing the unrelated text in the original H516 with the anti-union contents of a stalled bill (H745) that eliminated some of the abilities unions have to collect dues and engage in activities in the workplace. This new version of H516 (which was now the contents of H745) was sent directly to the floor of the House where it passed on April 2, the last day of the 2026 session. At no time during this process was a public hearing ever held in either the House or Senate Education committee on a bill that has a direct and deliberately harmful impact on public school teachers. I VOTED AGAINST this bill which was falsely described as saving taxpayer dollars. Taxpayers do not pay the dues of union members.     
 

Civics education (S1336). This bill usurps the Department of Education’s responsibility for setting curriculum standards for teaching civics by writing them directly into law. The bill details four pages of content that must be taught, which includes teaching the “influence of Christianity” on the founding of America. I VOTED AGAINST this bill, which promotes  American Exceptionalism ideology while white-washing and omitting other aspects of the founding and history of America. The same day this bill was signed into law, Governor Little and Debbie Critchfield (Idaho Superintendent of Public Instruction) announced a partnership with Charlie Kirk’s Turning Point USA to install one of their Club America chapters in every Idaho high school campus (CLICK HERE).    

Mandate one minute of silence in public school classrooms (H623). This bill requires public school teachers to enforce one minute of silence for students to “reflect, meditate, pray, or engage in any other silent activity.” The ulterior motive of this bill is to lay the groundwork to require prayer in public schools – and not just for one minute (the bill mandates at least one minute). I VOTED AGAINST this sneaky bill that forces every student from ages 5 to 18 to maintain a full minute of silence every day of every school yearCLICK HERE to see my debate.

Report possible criminal behavior by a teacher to law enforcement (H635). This legislation requires reporting any filed complaints against a teacher that contain behavior that may be criminal to law enforcement. This bill sounds reasonable, but it contains a poison pill – specifically, the phrase “may be criminal.” The word “may” could trigger an investigation based on imagined suspicion without evidence. More concerning is the word “criminal.” A future bill could turn an innocent, legal activity today into a crime – such as displaying a sign that says “Everyone is Welcome Here,” or perhaps teaching a child in a class who is undocumented. I VOTED AGAINST this bill which can be used to intimidate teachers in the future.
 

Virtual public education (H624). This bill updates and aligns provisions governing virtual education programs operated by school districts and public charter schools. It specifically addresses concerns documented in a recent OPE report concerning the use of funds by the Idaho Home Learning Academy (IHLA). I VOTED FOR this bill, which addresses some of the concerns raised in the OPE report. Many parents who have enrolled their children in IHLA are very pleased with the results. This bill does not eliminate that choice. It does provide important structure and controls as taxpayer-funded virtual education programs continue to grow in Idaho. CLICK HERE to read the OPE report.

Anti-bullying in public schools (H515). This bill ensures that families whose students are involved in a serious bullying incident are notified so they are aware of the situation and can respond accordingly. I VOTED FOR this long-overdue bill that addresses a growing problem in our public schools. Private schools are exempted from this law, including those being subsidized with Idaho taxpayer voucher/tax credit dollars.
 

Process for hiring a university president (S1225). This bill attempts to solve the problem that Boise State University has had in hiring a new president. Current law requires that the five finalists to fill the position be named publicly. This has caused prospective applicants to withdraw from consideration. They may not want their current employer to know they are looking for a new job, and they may not want the world to know they were not hired. I VOTED FOR this bill which would require a university to only publicly name the sole finalist before making a hiring decision.
 

Alternative way to become a school principal or superintendent (H711). This bill creates an alternate pathway for someone to become a school principal or superintendent. I VOTED AGAINST this bill which lowers the standards for being hired into those positions, and is insulting to those who invested their time and effort to earn the academic and experience credentials to hold those positions today. Lowering the qualifications for a position to increase the number of potential applicants is not a good way to solve a labor shortage problem. 
 

Disciplining students for inappropriate online behavior (H785). This bill creates a process for school districts and charter schools to discipline students who use social media to bully, threaten, demean, or intimidate teachers and other students. I VOTED FOR this bill which takes an important first step in addressing this growing problem.
 

Address use of artificial intelligence (AI) in public schools (S1227). This bill develops a statewide framework for use of AI in K-12 education. It focuses on safety, transparency, accessibility, and human oversight. The goal is to help schools use AI to prepare students for the future while protecting privacy and keeping teachers central to the learning process. In addition, the bill calls for the development of AI literacy guidance, educator professional development, and parent resources. I VOTED FOR this important bill that recognizes the need to address the use and impact of a rapidly growing and evolving technology.
 

Limited funding for special-needs students (S1288). This bill provides $5 million in one-time funding to help address the costs associated with students with disabilities who require an additional level of care. Unfortunately, $103 million is needed to meet this need. Although this bill is totally inadequate to meet the actual need, I VOTED FOR it because it was the only amount majority party leaders would allow to be allocated for this purpose.  
 

Cut funding for the Idaho Digital Learning Academy – IDLA (H940). This bill cuts the IDLA budget in half, reducing it by $13.4 million. This includes eliminating support for K-5 programs and Launchpad, an elementary school literacy program. IDLA also provides vital online education classes that many rural school districts depend on since they don’t have the resources to hire in-classroom teachers. I VOTED AGAINST this bill which was denied a public hearing, thus preventing stakeholders to testify as to the damage this budget cut would do.
 
 

Business

Eliminate most local ordinances pertaining to Short-Term Rentals (H583). This bill seeks to balance the concerns of Short-Term Rental (STR) owners with some of the restrictive ordinances enacted by resort cities. The problem is that it prohibits any city from creating ordinances that protect the integrity of residential neighborhoods. That can negatively impact property values, livability, and public safety. I VOTED AGAINST this bill, which would have been better if it acknowledged the differences between resort communities and single-family homes in residential subdivisions. CLICK HERE to see my debate.

Addictive Social Media Act (H542). The purpose of this bill is to protect minors from addictive design features and exploitative data practices of social media companies while preserving First Amendment protections and parental authority. It would use the same technology that social media companies use for target marketing when authenticating that the user is not a minor. I VOTED FOR this bill which helps address the ramifications of minors becoming addicted to social media.
 

“Portable” health insurance (H645). This bill allows a contract worker to have their health insurance be tied to them, rather than their employer – thus making their medical coverage “portable.” The problem with this good-sounding bill is that there are no safeguards for reclassifying a job position from full-time to part-time contract work. The benefit of portability can be significantly outweighed by the loss of the more comprehensive benefits a full-time employee receives. This bill may be beneficial for those who want to be contract workers. However, I VOTED AGAINST this bill which creates an incentive for employers to lower their costs by converting full-time jobs into less expensive contract labor positions.
 

Consumer protection for veterans’ benefits (S1286). The complex nature of applying for veteran benefits has spawned an assistance service industry, where some bad actors engage in deceptive or predatory practices. This bill establishes uniform definitions, disclosure requirements, and conduct standards for those offering paid claims preparation services. In addition, it requires disclosure of free assistance options, written consent from the veteran, and protection of personal, financial, and health information. I VOTED FOR this bill that helps protect veterans from becoming the victims of financial abuse.
 
 

Transportation

Eliminate vehicle registration stickers (H533). This bill removes the requirement that vehicles display a registration sticker when registration is required. A valid license plate and vehicle registration certificate would be sufficient to verify the status of the vehicle’s registration. I VOTED FOR this bill, which no longer requires you to put a tiny renewal sticker on your license plate every year.
 

End automatic replacement of license plates (H577). Currently, Idaho license plates automatically expire after 10 years, after which they are replaced by a new one. This bill allows the holder to retain the plate for as long as they like, as long as it is legible from a distance of 75 feet during daylight. If not, the owner needs to make arrangements to have the license plate replaced. I VOTED AGAINST this bill because of its combined impact with the “no sticker” bill above (H533), which can make it too difficult for law enforcement to determine if a car is legally registered solely by observing the license plate.
 

Allow parents to teach a child how to drive on any road in Idaho (H628). This bill is an accident waiting to happen. It doesn’t require the car to be equipped with dual brakes (to enable an urgent stop), and signage is not required to warn surrounding motorists that they are driving next to an unlicensed minor. This is a huge concern for my district, which is bordered by Eagle Road (Hwy55), Chinden Blvd (US20), and I84 - three of the most dangerous, congested roads in Idaho. I VOTED AGAINST this bill which ignores basic safety measures when teaching a minor to drive on some of the deadliest roads in Idaho. CLICK HERE to see my debate.

Allow trucks to travel 80 MPH on Idaho interstate highways (H664). This bill eliminates differential speed limits on state highways, allowing trucks to travel as fast as passenger vehicles. Imagine a truck pulling three trailers traveling 80 MPH on a section of interstate subject to high winds – or trucks and cars trying to pass each other at that speed (or likely higher). Several trucking interests testified against this bill, pointing out several safety concerns, including driving on tires that are not built for such high speeds. I VOTED AGAINST this bill which presents a clear safety hazard for all motorists.
 

Enhanced safety pertaining to electric-assisted bicycles (H500). This bill requires motor vehicle drivers to exercise due care to avoid colliding with cyclists. Currently, drivers do not have a duty to avoid colliding with operators of electric assisted bicycles. Additionally, operators of electric assisted bicycles have the same responsibility as motor vehicle operators to follow traffic laws. I VOTED FOR this common-sense bill that closes a gaping public safety loophole in current statute.
 

Improve bicycle and pedestrian pathways (H508).  This bill would allow federal funds or grants to be used to improve bike and pedestrian facilities. It helps mitigate an earlier law that was more restrictive in using transportation dollars for this purpose. I VOTED FOR this public-friendly bill that recognizes roadways are a shared resource for motor vehicles, bicycles and pedestrians.
 
 

Local Government/Housing

ADU’s - Accessory dwelling units (S1354). This bill allows homeowners to construct one internal accessory dwelling unit within a single-family dwelling and one detached accessory dwelling unit per lot, and it prevents cities from banning or unreasonably restricting them. It provides an individual homeowner additional flexibility for use of their property. I VOTED FOR this bill, which helps address the issue of available and affordable housing – a key issue for many people. 
 

Starter home subdivisions (S1352). This bill enables the development of small-lot starter home subdivisions on residential-zoned land, removing local zoning barriers that prevent compact single-family development. It is a bit heavy-handed in taking away a certain amount of control from local government, but the subdivisions created by it would maintain a common residential integrity within its boundaries. I VOTED FOR this bill as part of a broader effort to address the issue of affordable housing.
 

Anti-rainbow flag bill (H561). You know a bill is bad when it tries to ban everything, but its real purpose is to ban only one thing. That’s the case with this bill – an attempt to ban a city from flying a rainbow flag by prohibiting the flying of any flag except just a few the legislature approves of. The problem is that there is a myriad of non-LGBT related flags that cities like to fly that get banned as well. I VOTED AGAINST this contorted bill, which has had to be amended each time to allow flying a popular flag that would otherwise be banned (e.g. a Basque flag).
 

Allow city council members to participate in hiring and firing a library director (H715).  This bill prevents a library board from hiring or terminating a library director without the approval of the city council. This creates two sets of bosses for the library director: the library board and the city council. I VOTED AGAINST this unnecessary bill which runs the risk of unduly injecting politics into the running of a library. City councils already play a key role in appointing the members of a library board, who in turn hire and oversee the library director.
 

Change the election process for Ada County Highway Commissioners (ACHD) to elect Republicans (S1356). This bill requires that all “single-county highway districts” (of which ACHD is the only one) be partisan elections and have each commissioner be elected countywide even though they must live in a specified area within the district. Previously, ACHD commissioner elections were non-partisan and each was elected only by the people who lived in their district. In Ada County, some districts are more progressive politically and thus are more likely to elect someone accordingly. However, the total population of Ada County leans more to the right politically. Requiring each commissioner to be elected countywide makes it more likely that all elected commissioners will be Republicans. I VOTED AGAINST this hypocritical bill which contradicts a previous law passed by the legislature that requires each city council position to be elected only by the people who live within their city council district. 
 

Governor to appoint certain state agency directors (S1300).  This bill gives the Governor the power to appoint directors for the Idaho Departments of Fish and Game, Transportation, and Parks and Recreation with advice and consent of the Senate. Currently, these positions are appointed by the Boards of Directors of these agencies. Of most concern was the inclusion of the Department of Fish and Game. I VOTED AGAINST this bill which further politicizes these state agencies and departments. It also creates the potential to privatize Harriman State Park based on the contractual conditions associated with gift of that land to the state.
 
 

Other

Send someone to prison for up to five years if they use the wrong bathroom (H752). This bill makes it a crime for any person to knowingly and willfully enter a rest room, changing room, locker room, or shower room in a government-owned building or place of public accommodation designated for the opposite biological sex. A second or subsequent conviction is punishable by up to five years in state prison. I VOTED AGAINST what is yet another bathroom bill based on fear instead of fact. It was opposed by the major state law enforcement organizations as being impractical, if not impossible to reasonably enforce.
 

Provide secrecy for the procedures associated with executing a prisoner (H803). This bill prohibits discovery or disclosure of certain persons and entities who administer the death penalty by lethal injection or by firing squad. I VOTED AGAINST this bill which thwarts accountability and violates the public’s right to know the circumstances and individuals involved when an execution goes awry. 
 

Restriction on lifetime hunting and fishing licenses (H855). This requires a person to have lived in Idaho for five years (instead of the current six months) before purchasing a lifetime license. I VOTED FOR this bill which closes a loophole that was being exploited by some residents of neighboring states who would establish temporary residence in Idaho simply to obtain a lifetime hunting license.
 

Change the reporting location of the State Historic Preservation Office - SHPO (H898). This boring-sounding bill is somewhat alarming. SHPO currently resides within the State Historical Society. It is responsible for preserving historic archeological sites throughout the state. This bill would move SHPO from the State Historical Society and have it report under a newly created agency called the Office of Species, Minerals, and Energy Coordination (OSMEC). OSMEC was created to help fast-track approval of development projects such as mining and power generation. It is a clear conflict of interest to have a preservation organization report to the leadership of a development organization. I VOTED AGAINST this bill which puts the thumb on the scale of development at the expense of preservation. 

 
Failed Bills

Below are selected bills that failed to pass the House or Senate this year. They are worth noting because they reveal what the legislature thinks is important. Failed bills this year can become new laws next year. This section is sorted by the following categories:
  • Revenue & Taxation/Housing
  • Health & Welfare
  • Education
  • Business
  • LGBT
  • Immigration
  • Other

Revenue & Taxation/Housing

Limit tax breaks for new data centers (H897 – passed the House, amended and passed in the Senate,held in a House committee). Current law grants an ongoing sales tax exemption for the purchase of computer servers for any data center valued at $250 million or more. The amount of lost revenue through this tax break can grow significantly as Idaho becomes the target location for future mega-data centers. This bill sought to set a limit of 20 years for the sales tax exemption for data center servers. I VOTED FOR the original House version of this bill, which made an outrageously generous gift to some of the wealthiest companies in the world a little less outrageous.
 

Keep money in the Budget Stabilization Fund beyond the current statutory limits (H975 – passed the House and Senatevetoed by the Governor). Current law limits the allowable balance of the Budget Stabilization Fund at 15% of total General Fund receipts. Any excess revenue would flow back into the General Fund and thus be available to allocate for department and agency budgets. This bill would prevent any excess from flowing back into the General Fund, thus preventing additional revenue to be used to fund vital services and state functions. I VOTED AGAINST this bill, which was a deliberate attempt to make more funds available while budgets are simultaneously being cut.   
 

Property tax exemption for low-income housing projects (H760 – passed the Housefailed in the Senate). This bill would have provided a property tax exemption for qualified workforce and affordable housing developments.  Non-profit organizations can partner with for-profit entities on affordable housing developments without negatively impacting local property taxpayers. While I usually vote against tax exemptions, I VOTED FOR this bill which is a reasonable attempt to help address Idaho’s affordable housing crisis.
 

Twin-home, duplex regulations (S1353 – failed in House committee). This bill would force local government to allow duplexes to be built within existing established single-home subdivisions. I would have VOTED AGAINST this bill had it made it to the floor of the House. While this is yet another way to increase available housing, it unreasonably compromises the integrity and property values of an established single-family residential community.
 
 

Health & Welfare

Allow city employees to participate in the state’s employee health insurance plan (H725 – failed on the House floor). The legislature previously gave school districts the option to have their employees enroll in the state’s health insurance program. This bill would have extended that option to all employees of cities throughout Idaho, with each city voluntarily deciding if they wanted to participate or not. I VOTED FOR this bill which would have provided a sound alternative for cities to consider.
 

Prior Authorization Reform Act (H841 – failed in House committee). The purpose of this bill was to improve transparency, consistency, and timeliness in prior authorization processes used by healthcare insurers. It would have required insurers to publicly disclose prior authorization requirements, compliance with defined timelines, require appropriately qualified clinical reviewers, and prohibit improper revocation of prior authorizations. I VOTED FOR this bill in the Business committee (where it failed), which would have provided patients a valuable consumer protection.
 

Grant military chaplains a Professional Counselor License (H545 – passed the Househeld in the Senate). This bill would give a military chaplain the license to act as a professional therapist, including mental health counselling. Military chaplains play an important, skilled role in assisting individuals struggling with emotional traumas and other personal issues. However, the academic and clinical requirements for becoming a professional therapist and counselor are different than those required to become a military chaplain. The ability to provide spiritual and emotional comfort to an aggrieved individual is important. However, specific education and training is required to know how to diagnose an individual’s mental state and determine the proper course of treatment. I VOTED AGAINST this feel-good bill that unfortunately lowers the requirements and experience to be a professional counselor.
 
 

Education

Repeal the Blaine Amendment in the Idaho state constitution (HJR7 – failed on the House floor). Repealing the Blaine amendment would have eliminated a key provision in the Idaho State Constitution that provides a separation between church and state. I VOTED AGAINST this resolution which could then allow imposing religious beliefs on others in public schools and other taxpayer-funded venues. A majority of House members voted for this resolution (41-28-1). However, it failed because a proposed constitutional amendment must pass by a two-thirds margin (47 votes) in the House.  
 

Repeal compulsory attendance at public schools (HJR9 – failed on the House floor). This proposed amendment to the Idaho State Constitution would prohibit establishing any government regulations for schooling outside the public school system. That is a gift to private and religious schools who are now being subsidized in part by taxpayer revenue but would never have to be accountable to any future state regulation. I VOTED AGAINST this bill which is completely unnecessary since the state constitution already allows parents a wide variety of school choices. A majority of House members voted for this resolution (44-25-1). However, it failed because a proposed constitutional amendment must pass by a two-thirds margin (47 votes) in the House.  
 

Require daily recess for kindergarten through 5th grade (H915 – passed the Househeld in the Senate). I opposed an earlier version of this bill which would prohibit withholding recess for any student under any circumstance. This would take away a useful disciplinary tool for dealing with a disruptive student. I VOTED FOR this bill because recess is an important activity, especially at the elementary school level. However, I did so with some reservation. I have concerns when the legislature attempts to micro-manage daily school activities. Decisions like this are best left to the State Department of Education and local school districts. 
 
 

Business

Protect employee sick leave (H641 – failed on the House floor). This bill protects an employee’s legitimate use of company offered sick leave for injury or illness. It prevents a company from counting sick leave taken as an absence that may lead to or result in discipline or any other adverse employment action. I VOTED FOR this fair, common sense bill.
 

Virtual currency fraud prevention (S1359 – passed the House and Senatevetoed by the Governor). Virtual currency (i.e. “crypto”) kiosks have been increasingly used in scams due to the irreversible nature of virtual currency transactions. This bill helps protect consumers from financial exploitation and fraud while allowing legitimate virtual currency businesses to operate. It requires kiosk operators to register with the state, provide clear fee and exchange rate disclosures, post fraud warnings, maintain transaction records, and implement reasonable transaction limits. I VOTED FOR this bill which provides important consumer protections in the face of a rapidly growing crime that is becoming increasingly more sophisticated.  
 
 

LGBT

Declare same-sex marriage to be illegal in Idaho (HJM17 – passed the Househeld in the Senate). This memorial (which would not have the force of law) called for the United States Supreme Court to reverse its decision that same-sex marriage is a constitutionally protected right. I VOTED AGAINST this attack on Idaho’s LGBT community. After having spoken with tens of thousands of my constituents from all walks of life, my job is to represent everyone – not just those who are the most easily offended by people they don’t like.
 

Prohibit local ordinances that protect the LGBT community (H557 – passed the Househeld in the Senate). This bill would wipe out any local anti-discrimination ordinances that are in addition to those that exist at the state level. The result would make life more difficult for Idaho’s LGBT community. I VOTED AGAINST this offensive bill that borders on bigotry. CLICK HERE to see my debate.

Anti-trans bathroom bill (H607 – passed the Househeld in the Senate). This bill requires that government building restrooms and changing facilities must be separated on the basis of biological sex and that individuals shall make use of the facility which aligns with their biological sex. This bill also empowers anyone to file a civil lawsuit for $10,000 if they suspect there is a violation, along with additional compensation for “psychological, emotional and physical harm.” I VOTED AGAINST this hopelessly flawed and unworkable bill whose ulterior motive is to target transgendered individuals. Taxpayers would wind up paying to bring every bathroom in every public building in compliance.
 
 

Immigration

Participate with federal immigration and customs enforcement (ICE) (S1247/H659 – passed the Senate, was replaced with the contents of H659 and passed in the Housekilled on the Senate floor). The original version of S1247 required all public agencies at state and local level, to implement use of the federal e-Verify program for the hiring of all new employees. Meanwhile, H659 would require all local and county law enforcement agencies in Idaho to essentially do whatever ICE wanted it to do. I VOTED AGAINST the original version of H659 because it was unnecessary, the fiscal note falsely claimed it wouldn’t cost anything, and all major Idaho law enforcement organizations were against it. The result was a legislative stalemate: H659 passed the House but was stalled in the Senate; S1271 passed the Senate but was stalled in the House. The House then amended the original S1271 by replacing it with the contents of H659, passed it, and sent it to the Senate – which then killed it on the Senate floor.
 

Require employers to verify the citizenship status of all their employees (H704 – passed the Househeld in the Senate). This bill empowered the Attorney General to prosecute many employers who didn’t use the federal e-Verify system to confirm the legal status of every one of their employees. Furthermore, it encouraged anyone to ask the Attorney General to prosecute an employer they suspect is in violation. Penalties included permanently shutting down a company from doing business in Idaho. I VOTED AGAINST this bill. It is the responsibility of the federal government – not the state – to verify a person’s citizenship. That burden should not be placed on Idaho businesses, and the law should not enable people to target specific employers without any penalty for making a false accusation.
 

Criminalize employing someone who is not lawfully present in Idaho (H700 – passed the Househeld in the Senate). The provisions made criminal in this bill are already made criminal by federal law. This bill turns anyone (business owners and individual citizens) into criminals who employ anyone who works for them, even if they are unaware that the person they hired is not in Idaho legally. I VOTED AGAINST this mean-spirited bill which takes the fear, hatred, and anger directed toward undocumented workers to an irrational, vindictive, and illegal level.
 

Verify the immigration status of anyone who is arrested (H660 – passed the Househeld in the Senate). This bill would require every Idaho state and local law enforcement agency to verify and record the immigration status and nationality of every person they arrest. Failure to comply could result in withholding state funding for law enforcement agencies. I VOTED AGAINST this half-baked, punitive bill that was opposed by the Idaho Sheriff’s Association, the Idaho Fraternal Order of Police, and the Idaho Chiefs of Police Association. They all determined the bill to be unnecessary and would place a complex, time-consuming burden on their ability to do their job effectively and efficiently.
 
 

Other

Call for an Article V Convention of States (HCR25 – passed the Househeld in the Senate).  This is a repeat of a resolution that failed in 2025 but passed this year in the House by one vote (36-34). It 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 Congress to reduce the growth of the national debt by enacting a balanced budget amendment and/or to impose term limits on Congress. They are frustrated that the normal amendment process is not working, so they are turning to Article V as an alternative. I share the concern about the national debt and term limits. However, I am also concerned that the uncertainties of an Article V process might result in rewriting other portions of the U.S. Constitution. It could have unintended, disastrous consequences. I VOTED AGAINST this resolution because of the inherent risk. CLICK HERE to see my debate against this bill from last year.

COMPLY WITH THE LAW – OR ELSE! (H896 – passed the Housefailed on the Senate floor). This bill enables three people: the governor, the leader of the Senate (the Pro Tem), or the leader of the House (the Speaker) to have the Attorney General (AG) investigate and take action against any elected public official who they think may have potentially violated any law. The bill lets the AG go after anyone, but the real target was clear: the mayor of Boise, who flew a rainbow flag in front of City Hall after the legislature wrote a flawed law with the intent to prohibit that action. The AG could then disqualify the Mayor of Boise (or anyone he prosecuted) from holding public office for five years. I VOTED AGAINST this obnoxious, retaliatory bill that reveals a disturbing ruthless manipulation of the legislative process to settle political scores and personal grievances.  
 

Allow concealed weapons in courthouses (H621 – passed the Housedied in the Senate). Current law prohibits carrying a gun or firearm into a courthouse. This bill limits this restriction to only certain areas within a courthouse (courtrooms and prisoner holding facilities), but allows firearms to be carried everywhere else within the same building. The fiscal note to this bill stated that no additional costs would be required to accommodate this bill. That was not true. Compelling arguments were made to show that it would cost millions of dollars to install and staff metal detectors at several locations within a courthouse to ensure no firearms could enter an actual courtroom or holding facility. I VOTED AGAINST this bill which met no compelling need other than to let someone carry a gun into a building simply because they wanted to.   
 

Protect state employees right to communicate with legislators (H632 – passed the Househeld in the Senate). I was appalled to learn that the governor recently pressured all state employees to not speak with members of the legislature, especially if the inquiry had anything to do with the impact of proposed budget cuts. I VOTED FOR this bill which protects state employees, their right of free speech, and protects government transparency.
 

Increased penalty for wearing a mask while committing a crime (H685 – passed the Househeld in the Senate). This bill imposes an enhanced penalty when a person wears a mask while committing a felony crime, or certain misdemeanor crimes. Under normal circumstances I support this bill – except for the exemption it makes for law enforcement. This becomes a problem when several law enforcement agencies (especially ICE) wear masks to conceal their identity while committing acts that are questionable, if not outright illegal or even criminal. I VOTED AGAINST this bill only because of the current situation communities are experiencing with masked law enforcement here in Idaho (and elsewhere).
 

Allow party leaders to use taxpayer dollars to hire outside attorneys (H498 – passed the Househeld in the Senate). This bill allows the Speaker of the House and Senate Pro Tem to unilaterally spend millions of taxpayer dollars to hire private attorneys to file lawsuits against the federal government. This bill is particularly galling as the legislature votes to reduce state services via budget cuts. I VOTED AGAINST this outrageous abuse of power and taxpayer dollars. The Attorney General and his staff are already paid with taxpayer dollars to represent Idaho in the courts. You should not have to pay for the legislature’s lack of confidence in his abilities.
 

Require driving in the right-hand lane on a multi-lane highway (S1340 – passed the Senatefailed on the House floor). This bill would have made it illegal to drive in the left-hand lane of a multi-lane highway except when preparing for a left turn at an intersection or overtaking to pass another vehicle. I VOTED AGAINST this grumpy bill which sounds like some legislators got annoyed during their commute to and from the Capitol along I-84 and thought “there ought to be a law.”