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Toni Ferro for Idaho
2023 Legislature
As in 2022 I tracked legislative bills as they made their way through the Idaho legislature.
The legislature considered 100s of bills and I have written about the bills that address the issues you've talked to me about most at the door.
The topics I looked were:
Education
Tax Fairness (especially property tax fairness)
Transportation investment
Housing costs
Voting, the initiative process, legislative expansion
This page was last updated 4-9-23. (Email me if you find mistakes.)
Other bill trackers:
2023 Bills I Watched
Education
SJR 102 - allowing the state to use tax dollars to fund religious schools
Died in committee.
Basic summary
This bill would make it legal to use tax dollars to fund religious schools by repealing the Blaine Amendment, Article 9, Section 5 of Idaho's constitution.
Why this bill matters
The US Supreme Court recently ruled that if a state makes some tax dollars available to private schools, then it is required to make those tax dollars available to all private schools regardless of whether or not they are run by a church or other religious organization. Because of the Supreme Court decision, if the legislature passes one of the many voucher bills currently being debated (where families would be given tax dollars in the form of vouchers to spend on their child's education) then families would be able to use their vouchers on religious schools.
If a voucher bill does not pass, this bill would make it possible for the State to allocate tax dollars to religious schools.
If this bill passes, it will be referred to the voters in 2024 and voters will decide if the Blaine amendment should be repealed from Idaho's constitution.
Read more about this bill
Nampa Senator looks to repeal Blaine amendment - The Idaho Statesman, January 31, 2023
Senate Education Committee votes to introduce bill to repeal Idaho’s Blaine Amendment - The Idaho Capital Sun, January 30, 2023
Bill Status
This bill has been referred to the Senate State affairs committee. This bill will need a two-thirds vote from both the Senate and the House to be referred to voters.
District 11 (Caldwell) legislator votes
Trakel - co-sponsor
House Bill 339 - asking voters whether or not they want taxpayer dollars to fund private, religious, or for-profit schools
Voted down in the House
Basic summary
This bill would put a question on the 2024 ballot asking voters if they support the State allocating taxpayer dollars to private, religious, or for-profit schools.
Why this bill matters
The voucher bills that have been proposed this session would fundamentally change the way the state has been funding education. Currently taxpayer dollars go only to public schools (including public charters). The voucher bills would allow the state to send taxpayer dollars to private, religious, and for-profit schools. This bill would ask the voters a very straightforward question about whether or not they support taxpayer dollars going to these schools.
Bill Status
This bill failed in the House.
District 11 (Caldwell) legislator votes
Allgood - NAY
Yamamoto - AYE
House Bill 24 - making $102 million available as grants for graduating students going on to career or technical school or college
Passed and signed by the Governor.
Basic summary
This bill (aka The Launch Program) would grant $8500 to seniors graduating from public school in Idaho to go toward career/technical education, community college or college.
Why this bill matters
Idaho has a very low college go-on rate and the rate has been steadily declining in recent years. And the cost of continuing education has ballooned over the last few decades making college unavailable to many students. This bill would provide some help to graduating seniors as they decide their next steps.
Read more about this bill
$8,500 workforce training grant bill squeaks through Idaho House on close vote - Idaho Capital Sun, February 6, 2023
Proposed scholarship could be a ‘game-changer’ for Idaho low-income students | Opinion - The Idaho Statesman, January 20, 2023
Bill Status
This bill was passed by the House and the Senate and signed by the Governor.
District 11 (Caldwell) legislator votes
Yamamoto - AYE - co-sponsor
Allgood - AYE
Trakel - NAY
House Bill 58 - removing the school bond election days in March and August
Died in the Senate (note that HB 292 passed and removes the March school bond Election Day)
Basic summary
This bill removes the option for school districts to hold bond elections in March and August.
Why this bill matters
A report produced by the State last year showed that Idaho is roughly $1B behind in school infrastructure. And we keep growing.
Vallivue has enough elementary students in temporary buildings to fill a new elementary school and they have failed a bond twice.
Middleton also failed a bond last year and is planning to add temporary buildings (which are expensive for the district).
Meanwhile, the State has had 100s of millions of dollars in surplus for multiple years in a row.
Bill Status
This bill has passed the House and is out of the Senate Affairs Committee. The bill has been amended and is on the Senate floor.
District 11 (Caldwell) legislator votes
Allgood - AYE
Yamamoto - NAY
Senate Bill 1103 - shifting $61 million from the school operations budgets to the school facilities budgets
Voted down in committee
Basic summary
This bill would take the $61 million that schools get from endowment land proceeds and put it into school facilities budgets instead of into school operations budgets.
Why this bill matters
A report produced by the State last year showed that Idaho is roughly $1B behind in school infrastructure. And we keep growing.
Vallivue has enough elementary students in temporary buildings to fill a new elementary school and they have failed a bond twice.
Middleton also failed a bond last year and is planning to add temporary buildings (which are expensive for the district).
Meanwhile, the State has had 100s of millions of dollars in surplus for multiple years in a row.
Read more about this bill
Statehouse roundup, 3.1.23: Conservatives kill bill shifting endowment money into K-12 buildings - Idaho Education News, March 1, 2023
Bill Status
This bill was voted down in the Senate Education committee.
House Bill 139 - making it possible for individuals to sue schools or libraries for allowing minors to check out "harmful" material
Voted down in committee (Note: Another similar bill was then proposed - HB 314, which was vetoed by the Governor.)
Basic summary
This bill would allow parents to sue schools or libraries for $10,000 if their minor child was allowed to check out material that was "harmful." Parents could sue for $10,000 per item and would be able to sue for up to four years after the incident.
Why this bill matters
This bill is controversial because there is no easy way to categorize "harmful" material for kids, and this bill would expose libraries and schools to scores of expensive lawsuits. This bill would take away the parents' right to determine the material appropriate for their child by making potentially educational material unavailable.
This bill is similar to 2022s failed HB 666 that would have made it illegal for libraries and schools to disseminate "material harmful to minors." HB 139 is different in that it allows for civil action against libraries and schools.
Read more about this bill
Librarians or parents? Idaho House bills differ on ‘harmful’ materials responsibility - The Idaho Statesman, March 1, 2023
Bill Status
This bill was voted down in the House education committee.
House Bill 314 - making it possible for individuals to sue schools or libraries for allowing minors to check out "harmful" material
Vetoed by the Governor and veto affirmed in the House
Basic summary
This bill would allow parents to sue schools or libraries for $2500 if their minor child was allowed to check out material that was "harmful."
Why this bill matters
This bill is controversial because there is no easy way to categorize "harmful" material for kids, and this bill would expose libraries and schools to scores of expensive lawsuits. This bill would take away the parents' right to determine the material appropriate for their child by making potentially educational material unavailable.
This bill is similar to 2022s failed HB 666 that would have made it illegal for libraries and schools to disseminate "material harmful to minors." HB 314 is different in that it allows for civil action against libraries and schools.
Read more about this bill
The Children’s School and Library Protection Act re-introduced in committee, changes made - KMVT, March 15, 2023
Idaho House and Senate wrap up the 2023 session - KTVB, April 6, 2023
Bill Status
This bill passed the House and passed in the Senate after being amended. The bill went back to the House where it was passed again as amended. The Governor then vetoed the bill sending it back to the House. The House voted, but was not able to override the Governor's veto. (Veto overrides require a 2/3 vote. The House was 1 vote short of the 2/3 needed.)
District 11 (Caldwell) legislator votes
1st House vote
Allgood - NAY
Yamamoto - NAY
Senate vote
Trakel - AYE
2nd House vote
Allgood - AYE
Yamamoto - NAY
House vote to override veto
Allgood - AYE
Yamamoto - NAY
Senate Bill 1038 - creating an education voucher system
Voted down in the Senate - Note: this was one of many private education funding bills that came up this session and did not pass. Other bill numbers were: SB 1144 (died in Senate education), SB 1161 (died in House education), SB 1076 (died in Senate Local Government and Taxation), HB 347 (Died in House revenue and taxation).
Basic summary
This bill would provide parents $6000 a year/student for private educational expenses.
Why this bill matters
The idea of school vouchers has been around for decades and is highly controversial. This bill would allocate public funds for private
schools and other educational expenses. Private schools don't have the same guidelines as public schools and there are currently few
guidelines or requirements for home schools.
Public schools are currently allotted their funding based on attendance and so removing students from public schools would reduce
the budgets for those schools.
Idaho's public schools have been underfunded for decades and this bill would be a serious blow to our already struggling public schools.
Read more about this bill
Idaho senators prepare to introduce new 'school choice' legislation - The Idaho Press, January 25, 2023
Report: Proposed Idaho education savings account program costs could spike to nearly $364M after first year - The Idaho Press, February 21, 2023
State Board discusses vouchers and teacher retention - Idaho Education News, February 16, 2023
Bill Status
This bill failed in the Senate (but more voucher bills may be coming).
District 11 (Caldwell) legislator votes
Trakel - AYE (co-sponsor)
Senate Bill 1161 - piloting an education voucher system
Died in committee in the House
Basic summary
This bill pilots a program where 2000 families will get $6000 in taxpayer dollars (a voucher) to spend at private schools (including religious schools) or toward other educational expenses. This bill also continues the empowering parents program that provides money to both private and public school students for educational expenses.
Why this bill matters
The idea of school vouchers has been around for decades and is highly controversial. This bill would allocate public funds for private
schools and other educational expenses. Private schools don't have the same guidelines as public schools and there are currently few
guidelines or requirements for home schools.
Public schools are currently allotted their funding based on attendance and so removing students from public schools would reduce
the budgets for those schools.
Idaho's public schools have been underfunded for decades and this bill would be a serious blow to our already struggling public schools.
Read more about this
Idaho Statehouse roundup: Tuition credit bill stalls, leaving school choice debate on ice - Idaho Capital Sun, March 22, 2023
Bill Status
This bill has passed the Senate and has been sent to the House Education committee.
District 11 (Caldwell) legislator votes
Trakel - AYE
Senate Bill 1203 - removing funding for childcare
Passed and signed by the Governor
Basic summary
The Joint Finance-Appropriations Committee (JFAC) approved the Health and Welfare budget without including a $36 million dollar federal grant for childcare and without including a $2 million dollar proposal for child abuse and neglect prevention programs on February 27th.
After rallies at the capital urging legislators to restore the funding, JFAC passed SB 1203 adding back $28 million of the federal funds for childcare. This extends the funding through June of 2023 instead of through September of 2023 as the original $38 million would have done.
Why this matters
Over 3600 childcare providers were counting on this assistance to keep their doors open. Childcare providers closing their doors or raising their costs right now will create new difficulties for working families who need access to childcare to keep their jobs. This unexpected budget cut for these businesses is likely to have a negative impact on the economy in Idaho.
Read more about this
Idaho budget committee votes to cut funding for child care, family supports - Idaho Capital Sun, February 27, 2023
Idaho Legislature’s budget committee approves day care grants through June - Idaho Capital Sun, March 21, 2023
Bill Status
This appropriations bill will need to be approved by the House and the Senate.
Tax Fairness (especially property tax fairness)
House Bill 292 - providing property tax relief
Passed by House and Senate, vetoed by the Governor, veto overridden by House and Senate
Basic summary
This bill addresses our skyrocketing property taxes by using sales taxes, budget surpluses, and other state funds to give homeowners a reduction in their property taxes and provide money to schools to pay for levies and bonds. This bill also makes it a little easier to qualify for the circuit breaker (a property tax break for low-income seniors and others) and eliminates an election day in March.
Why this bill matters
In 2016 the legislature passed HB431, which limited the property tax exemption that homeowners get. Prior to 2016 the homeowner's tax exemption went up and down with property values. After 2016 the tax exemption was limited to $100,000 (and then $125,000) as property values increased at historic rates. Limiting the homeowner's property tax exemption shifted a large share of the property tax load from businesses to homeowners. This issue is one of the primary concerns I hear about from voters in Caldwell (especially people on fixed incomes).
It isn't clear how much help this bill will be for homeowners or schools. The money will have to be spread around the state. In addition, the amount available for property tax relief will depend on budget surpluses, which can go up and down each year unpredictably.
This bill has a lot of moving parts and is likely to have unintended consequences. As Governor Little said in his veto letter, "House Bill 292 is a hodgepodge of policy items intermingled with property tax relief."
Read more about these bills
Idaho House to vote on property tax bill that would eliminate March election date - The Idaho Capital Sun, March 13, 2023
‘Bread crumbs to bread strips’: Property tax bill heads to Little’s desk, but senators worry about long-term solutions - BoiseDev, March 21, 2023
Let's get property tax relief done right': Idaho governor vetoes property tax, school facilities fund bill - KTVB, March 27, 2023
Idaho Senate overrides Gov. Brad Little’s veto of property tax bill - Idaho Capital Sun, March 29, 2023
Bill Status
This bill was passed by the House and the Senate, then vetoed by the Governor. The veto was overridden by the House and Senate.
District 11 (Caldwell) legislator votes
Original votes
Allgood - AYE (Co-Sponsor)
Yamamoto - AYE
Trakel - AYE
Veto override votes
Allgood - AYE
Yamamoto - AYE
Trakel - AYE
House Bills 77, 78, and 79 - providing property tax relief
Died in House Revenue and Taxation. Note: HB 77 and HB 79 became part of compromise bill HB 292
Basic summary
These three bills all address our skyrocketing property taxes.
HB77 would take 4.5% of the State's sales tax income and give that amount to homeowners. The bill estimates that amount to be $150 million in 2023. (Became part of compromise bill HB 292 - discussed above.)
HB78 would reconnect the homeowner's property tax exemption to the housing market - as property values go up, the exemption would automatically go up. The exemption would be indexed this year at $224,000.
HB79 would take 4.5% of the State's sales tax income and give that amount to school districts to pay for bonds and infrastructure needs. This bill would also increase the homeowners exemption to $150,000 and increase the house value threshold required for qualifying for the circuit breaker (a property tax break for seniors and those with disabilities). This bill would also make it so school bond and levy elections could only happen 2 times a year instead of 4 times a year. (Became part of compromise bill HB 292 - discussed above.)
Why these bills matter
In 2016 the legislature passed HB431, which limited the property tax exemption that homeowners get. Prior to 2016 the homeowner's tax exemption went up and down with property values. After 2016 the tax exemption was limited to $100,000 (and then $125,000) as property values increased at historic rates. Limiting the homeowner's property tax exemption shifted a large share of the property tax load from businesses to homeowners. This issue is one of the primary concerns I hear about from voters in Caldwell (especially people on fixed incomes).
Read more about these bills
Idaho lawmakers write 3 bills on property tax relief. We break them down for you. - The Idaho Statesman, February 3, 2023
Bill Status
All three of these bills are in the House Revenue and Taxation committee.
House Bill 109 - removing the property tax exemption on satellite locations of non-profit hospitals
Died in House Revenue and Taxation
Basic summary
This bill would require non-profit hospitals to pay property taxes on their satellite locations.
Why this bill matters
Removing property tax exemptions on some means lower property taxes for the rest of us. However, in this case, the impact would likely mean higher health care costs at non-profit hospitals. Currently, St. Al's and St. Luke's are non-profit hospitals and West Valley Medical Center here in Caldwell is a for-profit hospital.
Bill Status
This bill is in the House Revenue and Taxation committee.
House Bills 334 and 369 - funding Medicaid (including the expansion)
HB334 was voted down in the House. HB369 has passed and been signed by the Governor.
Basic summary
HB334 was the funding bill for Idaho's five Medicaid programs. It failed in the House. A new bill, HB323, is for $150 million less to account for people predicted to be removed from Medicaid, because they are now employed and making over the threshold for people to receive Medicaid.
Why these bills matters
Funding bills (or appropriations bills) are approved in the Joint Finance Appropriations Committee (JFAC) and then sent through the House and Senate for approval. This year there were 123 appropriations bills. It is unusual for these bills to get voted down after they have made it through JFAC, but HB334 was voted down by the House on 3/20. The legislature was scheduled to adjourn on March 24th, however, they wouldn't have adjourned until some Medicaid funding was approved.
This bill includes the funding for the Medicaid expansion, which was approved by voters in 2018 and now covers over 100,000 Idahoans. Federal tax dollars pay 90% of the cost of the Medicaid expansion and Idaho pays 10%. It is estimated that without Medicaid expansion Idaho taxpayers would pay an extra $10 million in healthcare costs due.
HB 369, a bill for $150 million less, was passed by the House on 3/29.
Read more about this bill
Idaho House votes on $4.7 billion Medicaid budget - The Idaho Press, March 21, 2023
Budget committee takes another swing at Medicaid appropriation - Idaho Reports, March 22, 2023
Bill Status
HB 334 failed in the House, HB 369 was passed in the House and Senate and signed by the Governor.
District 11 (Caldwell) legislator votes
HB 334
Yamamoto - AYE
Allgood - AYE
HB 369
Yamamoto - AYE
Allgood - AYE
Trakel - NAY
House Bill 110 - giving counties the option to assess property taxes on non-profit hospitals
Died in House Revenue and Taxation
Basic summary
This bill would give counties the option to remove the property-tax exemption for non-profit hospitals.
Why this bill matters
Removing property tax exemptions on some means lower property taxes for the rest of us. However, in this case, the impact would likely mean higher health care costs at non-profit hospitals. Currently, St. Al's and St. Luke's are non-profit hospitals and West Valley Medical Center here in Caldwell is a for-profit hospital.
Bill Status
This bill is in the House Revenue and Taxation committee.
House Bill 33 - repealing sales taxes on food
Died in House Ways and Means
Basic summary
This bill would repeal sales taxes on food using the definition of food provided by the Supplemental Nutrition Assistance Program and it would end the Grocery Tax Credit.
Why this bill matters
There are only seven states that apply the same sales tax rate to food as they do to other goods. Idaho gives people who file state taxes a Grocery Tax Credit of $120/year.
Sales taxes affect low- and middle-income families more than wealthy families. For low-income families about 7.1% of their spending is sales taxes, for middle-class families about 4.8% of their spending is sales taxes, and for wealthy families only 0.9% of their spending is sales taxes. Sales taxes on basic needs such as food are particularly unfair, because low-income families spend most of their money on these items. Wealthier families are able to save, which means a higher percentage of their earnings is exempt from sales tax.
Local governments get a percentage of the Idaho sales tax. This bill sends money to local governments to offset the amount they would no longer get from sales tax. This is intended to ensure that this tax exemption doesn't result in more property tax increases.
Bill Status
This bill is in the House Ways and Means committee.
Housing Costs
Senate Bill 1039 - requiring rental fees to be reasonable and transparent
Passed and signed by the Governor
Basic summary
This bill would require landlords to include all of their rental fees in their written rental agreements and to give 30-days notice of any changes. The bill also requires that fees be "reasonable."
Why this bill matters
Many areas of Idaho are facing a housing shortage, which has resulted in skyrocketing housing costs. Some landlords have taken advantage of the dire situation by charging exorbitant late fees - many renters don't have other options and moving is expensive. This bill gives renters some recourse if they are being charged unreasonable late fees or fees that weren't included in their written rental agreements.
Read More about this bill
‘Predatory’ landlords in Boise are charging high fees. Idaho bill could protect renters. - The Idaho Statesman, February 23, 2023
Bill Status
The bill passed the Senate and then passed the House with amendments. It is being sent to the Governor.
District 11 (Caldwell) legislator votes
Trakel - AYE (co-sponsor)
Yamamoto - AYE
Allgood - AYE
Voting, the initiative process, and legislative expansion
SJR 101 - making it more difficult to qualify ballot initiatives
Failed in the House (this bill needed 2/3 to pass)
Basic summary
This bill would amend the constitution to make it more difficult to get initiatives on the ballot. Currently, getting an initiative on the ballot takes signatures by 6% of voters in at least 18 different legislative districts and a total number of signatures equal to 6% of all the voters in Idaho. This bill would make it so that getting an initiative on the ballot would require signatures of at least 6% of voters in all 35 legislative districts.
Why this bill matters
This bill is similar to 2021's SB1110, which required signatures from 6% of voters in all 35 legislative districts to get an initiative on the ballot. That bill passed and was signed by the Governor, however, the Idaho Supreme Court struck it down saying it was "an unconstitutional infringement on the peoples’ right to legislate independent of the legislature". If this year's bill passes, it will be referred to the voters in 2024 and voters will decide if the initiative process should become more difficult.
Read More about this bill
Committee introduces resolution to amend Idaho Constitution around ballot initiatives - Idaho Capital Sun, January 25, 2023
Initiatives change was ruled unconstitutional. Now, senator wants voters to approve it - Idaho Statesman, January 25, 2023
Idaho lawmakers reject proposal to make ballot initiative process more difficult - Idaho Statesman, March 30, 2023
Bill Status
The bill passed the Senate with a two-thirds vote and failed in the House with a 39 - 31 vote.
District 11 (Caldwell) legislator votes
Trakel - AYE (co-sponsor)
Allgood - NAY
Yamamoto - NAY
House Bill 123 - repealing the Medicaid expansion ballot initiative
Died in House Health and Welfare
Basic summary
This bill would repeal the Medicaid expansion ballot initiative that was approved by 61% of Idaho's voters in 2018.
Why this bill matters
This bill would repeal the voter-approved expansion to Medicaid that currently covers over 100,000 Idahoans. The initiative expanded Medicaid to cover people who are above the federal poverty level, don't qualify for another type of coverage, yet make too little to afford the high cost of health coverage. The initiative takes advantage of a federal program that pays a whopping 90% of the cost for states who expand Medicaid to these folks.
The Medicaid expansion was approved by voters, covers over 100,000 Idahoans, is mostly covered by the Federal Government (brings our tax dollars back to Idaho), and saves the state money in health care costs incurred by people who can't afford their health care.
Read More about this bill
Idaho health committee chair says Medicaid expansion repeal bill is just to open ‘discussion’ - Idaho Capital Sun, February 10, 2023
Bill Status
The bill died in the House Health and Welfare committee.
Senate Bill 1078 - creating a voter's pamphlet that includes candidates
Died in House State Affairs
Basic summary
This bill would include federal and state candidates in the voter's pamphlet that is sent to Idaho voters. Voter's pamphlets currently only include ballot initiatives, referendums, and constitutional amendments.
Why this bill matters
I frequently hear from people that they wish there was a voter's pamphlet in Idaho like there is in other states. This bill would give voters more information about what they can expect to see on their ballot and give them time to make decisions before going to the polls. This pamphlet would not include local candidates (city council, county commission, school board, etc.) and would not include local levies or bonds. Therefore, not everything on the ballot would be included in the pamphlet.
Read More about this bill
Idaho Senate OKs bill creating new election voter guide that will be mailed to Idahoans - Idaho Capital Sun, March 1, 2023
Bill Status
The bill has passed the Senate and died in the House State Affairs committee.
District 11 (Caldwell) legislator votes
Trakel - AYE
House Bills 124, 137, 205, and 259 - introducing voting restrictions
Basic summary
These four bills each introduce voting restrictions either by repealing an existing state law or amending an existing state law.
HB 124 would no longer allow student IDs as a valid form of identification for voting. (Passed and signed by the Governor.)
HB 137 would no longer allow voters to fill out a personal identification affidavit instead of providing valid ID when voting. (Voted down in the House.)
HB 205 would restrict the use of absentee (vote-by-mail) ballots to only people who are ill, working, or out-of-town on election day and would restrict how people can access absentee (vote-by-mail) sign-up forms. (Voted down in the House.)
HB 259 would restrict how people can access absentee (vote-by-mail) sign-up forms. (Died in Senate State Affairs.)
Why these bills matter
All of these bills make it harder for people to vote. We already have very low voter turnout here in Canyon County and further restrictions are likely to make things worse. Canyon County had the second lowest voter turn out in the state in 2022. And Caldwell's District 11 had the lowest turnout of any legislative district in the state. AND District 11 has the lowest registration of any district in the state.
Existing restrictions on voting here in Canyon County include reduced voting locations (from 14 to 5 in Caldwell in recent years), very limited hours and locations for early voting, and no drop box locations for vote-by-mail.
Read more about these bills
Idaho legislative committee calls for new restrictions on absentee ballot request forms - Idaho Capital Sun, March 7, 2023
Bill Status
HB 124 has passed the House and the Senate and been signed by the Governor.
HB 137 has been voted down in the House.
HB 205 has been voted down in the House.
HB 259 has passed the House and been died in the Senate State Affairs committee.
District 11 (Caldwell) legislator votes
HB 124, Yamamoto - AYE, Allgood - AYE, Trakel - AYE
HB 137, Allgood - AYE, Yamamoto - NAY
HB 205, Yamamoto - NAY, Allgood - NAY
HB 259, Allgood - AYE, Yamamoto - NAY