Rep. Steve Berch Newsletter - The end is near
This newsletter covers legislative activity from March 11th through March 25th. The legislature is now in recess and will reconvene on March 31st to consider overriding any potential vetoes by the governor. That should bring one of the most politically torturous legislative sessions to an end. But until both the House and Senate adjourn and the gavel falls, anything can happen – especially when one political party controls over 80% of the votes in the legislature and can suspend procedural rules at will.
In the meantime, there’s quite a lot to cover, so grab a cup of something and make yourself comfortable. Or you can wait until you need help curing insomnia . . .
As always, please feel free to contact me anytime for any reason. My contact information appears at the end of this newsletter.
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The legislature is controlled by a majority party that believes government should be small and operate with a light touch. That hasn’t stopped a record number of bills, resolutions, and memorials from being created this session. Here’s the legislature’s track record over the last 10 years of “keeping government small”:
- 1,230 pieces of legislation during the 62nd session (2103-14)
- 1,227 pieces of legislation during the 63rd session (2015-16)
- 1,353 pieces of legislation during the 64th session (2017-18)
- 1,218 pieces of legislation during the 65th session (2019-20)
- 1,367 pieces of legislation during the 66th session (2021-22)
Despite this massive volume of legislation, there is really only one thing the legislature must do as prescribed by the state Constitution: pass a budget.
A budget is passed through appropriation bills created by the Joint Finance and Appropriations Committee (JFAC). These bills are then voted on by the House and Senate. If an appropriation bill fails in either chamber, JFAC reconvenes to create a revised appropriation bill. This process continues until all the budget bills are eventually passed by the legislature and signed into law by the governor.
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JFAC committee room (the original home of the Idaho Supreme Court) – where budget bills are written.
Democrats matter
Here’s what most people don’t know: many appropriation bills pass only because of the votes by House Democrats. Below is a list of appropriation bills (and other selected bills) that would have failed to pass this year had Democrats not voted for them. The 12 Democrats in the House enabled the legislature to fund several important and vital state functions for 2023 that you and your family expect and count on.
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The sad political fact is that these 12 Democratic votes give cover to members of the majority party who would actually vote for them as well. However, they voted "no" to claim they tried to reduce spending, or didn't want to take money from the federal government, or to gain favor with lobbyists who score them on their spending bill votes. And there are some legislators actually want to defund government to the point where it can't function. What I don’t hear from those who vote against appropriation bills is an acknowledgement of the value citizens receive in return.
Knowing the cost of everything and the value of nothing does not serve the public well.
A special note about the Library Commission appropriation bill (H827)
This is the bill that kept the legislature in session until nearly midnight on March 25th. It is a vindictive bill that cuts over $3 million from the Library Commission budget in retaliation for the senate not taking up H666 (the bill that could throw librarians in prison over complaints about the content of some books). That $3 million would have extended library services into underserved parts of the state through enhanced broadband connectivity.
There are far more respectful and productive ways to deal with book selection than inflicting financial pain on libraries and throwing librarians in jail. I voted AGAINST this bill, which like too many other recent bills, tries to resolve an issue by punishing people. I cast my “no” vote knowing my heart is not that dark. The bill passed the House and Senate and now sits with the Governor.
CLICK HERE to watch my debate against this bill (March 25th episode; my debate starts at the 8:15 mark).
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Note: All of the bills designated as “in the Senate” will die there if the House and Senate adjourn on March 31 as planned.
Judiciary
Allow the governor to appoint a majority of members to the Judicial Council (H782 – passed the House and Senate, to the Governor). For those who pay attention to the long-term implications of bills, this is one of the most dangerous bills ever passed by the legislature. It threatens to permanently politicize Idaho’s independent judiciary.
The Judicial Council has been in existence for decades. It reviews and selects candidates to be submitted to the governor for nomination when appointments are to be made to fill judicial vacancies. Great effort is made by the Council to function in a non-partisan, apolitical manner – and it has proven to be extremely successful. I am not aware of a single appointee from the Council that was subsequently admonished, censured or impeached after being appointed.
Picture in your mind a future governor of Idaho (from either party) who holds extremists ideological beliefs. This bill will allow that future governor to appoint a controlling percentage of the Judicial Council’s membership (73%). This governor-controlled Council can then send back to the governor a list of cronies, sycophants, and like-minded extremists for selection and appointment to the courts.
I voted AGAINST this bill which solves a problem that doesn’t exist.. I voted to preserve the long term integrity, impartiality and fairness of the judiciary which protects all of us from extremism, regardless as to which side of the aisle it may come from.
Education
Full-day kindergarten (H790 – passed the House and Senate, to the Governor). This bill provides all school districts the option to offer all-day kindergarten. It is part of the effort to improve childhood literacy in Idaho. This bill actually started in the senate as S1373. If you look at the Statement of Purpose (SOP) in that bill, you’ll see that the word “kindergarten” is mentioned. That was a problem for some legislators in the House, who believe it is detrimental for children to be in school instead of at home at that young age. The senate bill was then replaced with this bill, where the mention of “kindergarten” was removed from the SOP. I voted FOR this bill, which provides an enhanced educational choice for parents who can voluntarily decide if they’d like their child to attend full-day kindergarten.
Rural educator incentive program (S1290 – signed into law). Teacher attrition is a huge problem for public schools, especially in rural areas. This bill helps rural school districts retain teachers by providing specific financial benefits that can be used for education loan repayment, pursuit of additional degrees, and other educational costs. I voted FOR this creative bill, which does not lower the requirements to be a teacher. It recognizes that in a free market, even the public sector needs to offer competitive compensation to attract and retain a talented workforce.
Lower certification standards to teach in charter schools (S1291 – signed into law). Unlike the rural education incentive bill, this bill tries to solve the teacher shortage for charter schools by creating a new “charter school teaching certificate” which does not require meeting the standards and requirements necessary to earn an Idaho teacher certificate.
Teaching is a profession. The fact that someone may be smart in a particular subject doesn’t mean they know how to teach it, or manage a classroom of 30 kids with a variety of learning and personal challenges. In addition, this bill does not require a charter school to inform parents that their child is being taught by individuals who have not earned an Idaho teaching certificate.
I support excellence in all education choices, be it public schools, charter schools, private schools or home schooling. I voted AGAINST this bill because excellence is not achieved by lowering teacher certification standards. I support the free market solution of providing competitive compensation to attract good, qualified talent.
Create a new career exploration course for middle-school students (S1374 – passed the Senate, failed in the House). This bill defines a career exploration experience for Idaho 8th grade students to assist them in identifying potential interests and resulting career paths. It is Exhibit A for how one sentence in a good piece of legislation can kill it. I support the concept behind this legislation, but it included the following provision:
“Career exploration courses may be used in lieu of the middle school health class requirement.”
There was no need to sacrifice health class to make room for a career exploration course. I voted AGAINST an otherwise good bill that self-destructed on the floor of the House, where it failed by a 24-45 vote.
A tale of two education resolutions
Resolutions do not have the force of law; they are statements of intent by the legislature. These two resolutions stand in contrast with each other. One promotes the importance of civilized behavior, while the other divides the community based on what they think.
Resolution in support of developing civic standards for Idaho students (SCR115 – adopted by the Senate and House). This resolution calls upon the State Department of Education to work with a group of stakeholders to develop standards for civics instruction in Idaho schools for consideration by the State Board of Education and the Legislature. I voted FOR this resolution, which reinforces the value of civics in a diverse society.
Resolution to teach students the whole and honest history of our nation (SCR118 – adopted by the Senate and House). The Statement of Purpose (SOP) for this resolution undermines the intent of teaching a “whole and honest history.” The SOP specifically calls for the teaching of “an alternate history curriculum.” Other portions of the resolution reference inflammatory and politically charged concepts to define what constitutes a “whole and honest history.” I voted AGAINST this disingenuous and self-contradicting resolution.
Consumer protection
Make it easier to cancel a subscription (S1298 – signed into law). This bill provides consumers protection from unfair or deceptive trade practices with respect to cancellation of subscriptions. Often referred to as "Click to Cancel", this legislation provides that the consumer must be able to cancel a subscription in the same manner as used to subscribe. I voted FOR this bill, which will hopefully make it easier for consumers to unsubscribe from products or services they no longer wish to receive.
Provide notification to consumers of financial obligations should they default on a loan (S1355 – signed into law). If a homeowner takes out a second mortgage (e.g. a home remodeling project) and subsequently defaults on their first mortgage, current law required they be formally notified of their obligations for the first mortgage, but not the second mortgage. This bill ensures the homeowner is formally made aware of their continued financial obligations for the second mortgage, which can extend for several years. I voted FOR this transparency and notification bill that enhances consumer protection. This bill also applies to businesses.
Health and Safety
Enhance ability for service extenders to provide psychology services for patients (H780 – passed the House and Senate, to the Governor). This bill makes it clear that service extenders can serve Idaho patients. The bill defines a service extender as “a person who has earned a doctoral degree in psychology or a master's degree in a mental health field and is permitted to provide psychological services under the supervision of a licensed psychologist.” I voted FOR this bill, which seeks to increase the number of much needed mental and behavioral health service providers without an appreciable lowering of professional standards.
Telehealth Access Act (H760 – passed the House, in the Senate). This bill enables mental and behavioral telehealth services to be provided across state lines in Idaho. The out-of-state provider does not have to be licensed in Idaho, but does need to be licensed or registered to practice mental or behavioral healthcare in their home state. I was somewhat conflicted about this bill. Anytime we allow a member of any profession or trade to operate in Idaho without having to meet Idaho’s requirements for licensure, we risk lowering Idaho’s standards to that of the state with the lowest requirements. However, the bill does set some reasonable expectations for these service providers. I reluctantly voted FOR this bill, especially given the immediate need for these services amidst the current pandemic.
Allow insurance to cover a six-month supply for prescription contraception purchases (S1260 – passed the Senate, killed in the House). This bill would extend the maximum quantity of prescription contraception covered by insurance from a three-month to a six-month supply. It would save customers money by giving them the option to make fewer, higher volume purchases per year. I voted FOR this consumer-friendly, cost-saving bill.
Endangered missing persons alert (S1378 – passed the House and Senate, to the Governor). This bill provides public notice similar to an Amber Alert for individuals not included in Amber Alerts, such as a missing child or an adult with dementia. I voted FOR this bill, which provides a valuable public service that hopefully none of us will ever need but will be glad it exists should unfortunate circumstances arise.
Authorize use of untrained individuals for temporary guards and private security (S1279 – passed the House and Senate, to the Governor). This is yet another attempt to solve a labor shortage and save money by lowering the standards for employment. This bill allows individuals to work in law enforcement and protection related jobs without the professional training that is currently required today. Idaho suffered through this debacle when it contracted with Corrections Corporate of America (CCA) to run state prisons. The damage done by CCA’s hiring of unqualified workers was so bad, it resulted in the state terminating the contract. I voted AGAINST this bill, which opens the door to privatizing law enforcement.
Provide assault and battery protections for utility company employees (S1321 – signed into law). Here in the suburbs of District 15, utility workers (electric, gas, water, etc.) routinely come onto our property to do their job without incident. That is not the case in other parts of the state. Even though these utility companies have easement access onto private property, their employees are at times threatened with violence and claims that they are trespassing. I voted FOR this bill, which provides additional legal protection from assault and battery for these workers who are just trying to do their job.
Taxes
Change the way indigent services are funded (H735 – passed the House and Senate, to the Governor). This bill purports to provide a measure of near-term property tax relief by shifting the sources and distribution of funding for indigent services (medical, public defenders, etc.) which are currently paid through property taxes. I voted AGAINST yet another 26-page tax bill introduced late in the session where its long term consequences and risks are not understood.
Passing bills based on a two-minute breezy introduction sprinkled with politically pleasing promises is not a good way to write sound tax policy. Most of these large, rushed tax bills that have been passed in recent years have had to subsequently be reworked to fix the damage they caused. There is already analysis indicating this bill will result in a significant underfunding of these important community services.
Property tax relief for homeowners of a Certified Family Home (S1259 – passed the House and Senate, to the Governor). This bill allows the homeowner of a Certified Family Home to apply for property tax relief through the Property Tax Circuit Breaker program. It exempts the payment they receive from the state to care for someone in their home from income counted toward the application for the circuit breaker allowance. I voted FOR this bill, which provides a measure of property tax relief for those providing a challenging, valuable community service.
Other
Voter identification (H761 – passed the House, in the Senate). This bill is another voter suppression bill. It requires a person to show photographic proof of identity, proof of residency and proof of United States citizenship. This will prevent tens of thousands of legal, eligible citizens from voting who can’t meet these requirements. For example:
- Anyone who doesn’t have a current Idaho driver’s license, passport, military ID card, or concealed gun permit (student ID cards are not allowed).
- Anyone (especially your children in college) who can’t produce a utility bill, lease agreement, mortgage statement or deed of trust in their name, or a federal tax form. If your child lives at home, a parent would have to prove their child is qualified to vote by signing and submitting an affidavit affirming their child is a dependent living at home.
- Anyone who can’t produce a birth certificate. This includes older voters who were taken off the voting rolls due to inactivity (usually after having not voted in the previous four years). They would then be assumed ineligible to vote unless they could provide the other required proofs.
I voted AGAINST this bill. Even the bill’s sponsor admitted that there is no evidence of voter fraud in Idaho. The only discernable purpose of this bill is to provide campaign talking points for the sponsor, Rep. Dorothy Moon, who is running for Idaho Secretary of State – the position that oversees Idaho elections.
Discontinue vehicle emissions testing (S1254 – signed into law). The justification for this bill is that emission control technology in cars has advanced greatly since testing started in 1984. As older vehicles have left the road, almost all newer vehicles pass the emissions test. As a result, the testing of vehicles is no longer significantly contributing to a reduction in atmospheric pollutants. I voted FOR this bill. There is still the problem created by large numbers of additional cars on the road due to growth, but the testing of each individual car no longer appears to be an effective remedy to that problem. This law goes into effect on July 1, 2023.
Raise the legal age and use of tobacco products to 21 (S1284 – signed into law). This bill resolves a conflict between state and federal law that makes enforcement problematic. Federal law sets the legal age for purchasing tobacco products at 21. Idaho law sets it at 18. This law brings Idaho law into alignment with federal law, thus removing a conflict that inhibits enforcement. I struggled with this bill. One compelling argument against it is that if you’re old enough to die for your country (18), you should be able to purchase tobacco products. There is also a compelling interest in deterring minors from having easy access to chemically addictive products. With 18-year-olds attending high school, access by younger students is made that much easier. I chose caution and voted FOR this bill. It won’t prevent young people from finding other ways to obtain these products, but it will make it a little more difficult for them to do so.
Create new requirements to track the personal information of refugees (H775 – passed the House, in the Senate). This bill would place new bureaucratic obligations on non-government entities that help the resettlement of refugees (including Ukrainians). They would be required to collect and report personal information about refugees to state agencies, counties and cities – which then places an additional bureaucratic burden on those government agencies.
All the information this bill requires to be collected (and more) is already collected as part of the process for allowing refuges to enter this country at the time of entry. I voted AGAINST this bill whose only discernable purpose is to play into a fear or foreigners and create campaign talking points in advance of the coming primary election.
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There are no more bills scheduled to be voted on this session, unless the House and Senate want to override a potential veto by the governor - or something unexpected happens. Otherwise the legislature plans to adjourn and end the 2022 session on Thursday, March 31.
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ABOUT STEVE BERCH
Steve represents District 15, House Seat A. He is a member of the Education, Business, Local Government committees, and JLOC (Joint Legislative Oversight Committee).
208-890-9339
sberch@house.idaho.gov
CONTRIBUTE
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