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Legislative Round-up Round-up 2024
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2024 Legislative Round-up

April 15, 2024

Subject: It’s probably not over

Sorry for the spoiler alert in the headline, but sine die may not last long.

Despite pushing through the ban on the sale of the Boise ITD campus and avoiding a veto on the library bill, issues with Medicaid could prompt a special session sooner rather than later.

Idaho Reports has a good article explaining why.

If you want the quick TL;DR…in trying to exact more legislative control over rising Medicaid costs, lawmakers may have inadvertently halted at least $100 million in payments to different providers, according to a letter from the governor’s office.

While Gov. Little warned about all of this on Monday, he still signed the bill. The legislature gaveled out two days later.

So many questions remain, like does “immediate” really mean immediate? Or could these payments be pushed off say…I don’t know…maybe a month and some change in the future after the May primary?

That’s complete speculation, FYI. I’ve just covered state government long enough to know different strings and levers can be pulled sometimes to stretch budgets or to delay paying invoices.

So, what else happened over the past week?

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Gov. Little: 'I signed that stinkin' library bill'

He done signed that “stinkin’” bill after vetoing a similar one last year, despite a significant majority of the emails and calls Little’s office received on the matter urged him to kill it.

It’s set to take effect July 1.

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Gov. Little OKs slate of bills ahead of Sine Die

What else did he sign? Well, you’ve got a pair of bills targeting the transgender community.

One limits the state’s legal recognition of gender solely to male or female. The other forbids punishing students or public employees who refuse to use someone’s preferred pronouns, which supporters say is a free speech issue.

Opponents say these laws further marginalize transgender people and could be unconstitutional.

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Supreme Court rules laws not allowing student IDs at the polls are constitutional

This lawsuit came out of a bill passed last session banning the use of student identification cards to prove a voter’s residence.

As Julie Luchetta reports, the opinion found the law is part of “the government’s legitimate interest in preserving the integrity of its election process…”

Students, justices said, were not a protected class and could still vote using other forms of identification, like a driver’s license, passport or concealed weapons license.

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SOTW:

One more time

Let’s do it again

The anticipation, you know it’s like mmmm-mmmmm-mmmm

We do what want and as soon as it's done

We just do it again

What else can I say about this session (and, of course, the anticipated special session) that hasn’t been said by Scandinavian all-stars Royksöpp and Robyn?

See y’all back here, presumably soon!

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Other notable links from this past week:

Due to early deadline, smaller Idaho GOP committee to play larger role selecting national delegates

Little draws the line at precious metals, water utilities

Analysis: The Mike Moyle session offers a possible preview for 2025

'Idaho Is Becoming Redder'

Book Pulled At N, Idaho Middle School

Library Leaders React To 'Protection Act'

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April 8, 2024

Subject: “Let’s talk for a minute. [We’re] getting stupid.”

As you may have noticed from the subject line quote, patience at the statehouse this week wore very thin (that one specifically from House Speaker Mike Moyle [R-Star]).

We all had dozens of “Will we? Won’t we?” moments while waiting through multi-hour caucus meetings.

There was a rubber chicken straddling a gavel, in honor of the Senate, Moyle said.

Bingo cards in the Senate produced by a mysterious figure nearly saw a total blackout on Wednesday, featuring such boxes as “(Lt. Gov. Scott) Bedke burn,” “(Sen. Scott Herndon’s) [R-Sagle] second debate,” and “Someone forgets to follow procedure.”

As an aside, one of the choice “Bedke burns” from this week include him announcing the Senate’s morning recess and its reconvening at 1 p.m. “more or less.” (Hint: it’s almost always more).

Despite the significant downtime, lawmakers did act on the handful of outstanding bills blocking them from returning to their home districts — many of whom are running for re-election.

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Idaho Senate blocks ITD campus sale on 3rd try

The main stumbling block was a twice-defeated budget bill for the Idaho Transportation Department.

But it wasn’t a simple budget bill. It also explicitly blocked the sale of the agency’s Boise campus, which was in its final stages after being announced in 2022.

Instead, it orders the state to renovate the building to the tune of $32.5 million.

After failing on the first try in the Senate on a 16-19 vote, the Joint Finance and Appropriations Committee dropped the total dollar amount by $100, kept the sale prohibition in and tried to ram it through.

Senate Pro Tem Chuck Winder (R-Boise), who said defeating that language was a hill he was willing to die on, blocked the second attempt on a procedural move.

The third time on Wednesday night worked like a charm, even initially seeing Winder vote in support of the bill for a hot minute. Senate Assistant Majority Leader Abby Lee (R-Fruitland) seemingly scowled and shook her head before Winder changed his vote.

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Idaho agency reports 20% funding shortfall after 'internal control issues'

We still don’t know exactly what’s happening here.

After coming to JFAC at the last minute Wednesday morning saying her agency is nearly $5 million in the hole with three months left in the current fiscal year, the director of the Idaho Division of Vocational Rehabilitation sort of walked it back that afternoon.

Jane Donnellan emailed a legislative budget staffer and the JFAC co-chairs that the division actually had $2.1 million left over and that all of its outstanding bills had been paid.

That’s in stark contrast to the presentation Donnellan gave earlier that morning.

She said they were out of cash, needing a sudden injection of money and might have to cut back services. Her division helps those with physical and mental disabilities land and keep their jobs.

Donnellan told the committee she had had three top financial officers since 2022 and that she was never aware of the apparent shortfall until the end of March.

JFAC initially approved a $2.7 million supplemental appropriation, but pulled that back after Donnellan’s email.

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Idaho Senate OKs 'library porn' bill

It took all session, but state senators eventually signed off on a controversial bill that would allow anyone to sue a public or private library if they failed to move a contested book within 60 days.

How did we get here?

We have to go back to 2022 when, at the tail end of that legislative session, the House was the one tanking budget bills — particularly the one funding the Idaho Commission for Libraries.

That year was the first time state lawmakers stood on the floor saying libraries were peddling smut to children.

Former Rep. Gayann DeMordaunt (R-Eagle) led the charge, urging the legislature to pass a bill that would imprison librarians who lent so-called “obscene” materials to anyone under 18.

That’s since led to proposals that would simply let private citizens sue libraries in civil court with varying degrees of minimum fines, plus any “actual damages” suffered by those behind the lawsuit.

Gov. Brad Little vetoed last year’s attempt, denouncing what he called a “bounty” scheme that could sink small, rural libraries.

As of writing this, he has not yet made a decision on this year’s bill.

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SOTW:

Props for this Song of the Week go to DJ (Sen. Geoff) Schroeder (R-Mountain Home) — another bingo square on the sheet mentioned earlier.

While we were waiting for the Senate to reconvene after going at ease for approximately the 83rd time Wednesday evening, Schroeder gathered a few of his fellow senators around his phone.

What came were the unmistakable hits of hands slamming a pair of congas, maracas and the gentle tings of a ride cymbal.

Soon, the iconic electric piano line joined in, along with Donald Fagen’s echoed vocals, sang out the opening track to Steely Dan’s opening track to their platinum selling debut album, “Can’t Buy a Thrill.”

The Senate would soon take up the third version of the ITD budget.

Schroeder was pumping everyone else to “Do It Again.”

[As an aside, can we appreciate Skunk Baxter on congas here in this live version? The dude with his iconic mustache would play for Steely Dan, The Doobie Brothers  and plenty of others, eventually being inducted into the Rock n’ Roll Hall of Fame with the latter. He found a second career as an expert on missiles, consulting with the Pentagon and defense contractors.]

Interestingly enough, Schroeder would end up being one of two lawmakers to change their votes from no to yes, ensuring its passage.

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Other notable links from this past week:

Physicians, hospitals and medical associations sound the alarm on Idaho's expanding OBGYN desert

Idaho legislature passes pair of anti-transgender rights bills

Idaho governor signs law to ban Medicaid, state insurance coverage for transgender gender care

Constitutional concerns hang over blockbuster facilities bill

‘Abortion is not health care,’ interest groups say. Supreme Court to rule on Idaho ER case

Idaho employee printed pamphlets for needle exchange program on how to use illicit drugs

Judicial retirement incentive passes Senate

Senate passes funding bill for Idaho Launch grants

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April 1, 2024

Subject: Hungry for more

House and Senate lawmakers gave themselves a three-day weekend to celebrate Easter and will migrate back to Boise as they’ve stayed more than two weeks past their target adjournment date.

Legislators are beginning to get cabin fever. House Minority Caucus Chair Ned Burns (D-Bellevue) told me it’s like the Hotel California — you can check out any time you’d like, but you can never leave.

Part of extended stay could be chalked up to a phenomenon dubbed The Good Idea Fairy by several lawmakers.

The Good Idea Fairy brings jolts of inspiration to them as they spend hours in their respective chambers voting on dozens of bills that have been put off for days or weeks.

That’s how we’ve gotten some of these brand new proposals in what were supposed to be the waning days of the session, according to the theory, along with added time spent in committee hearings and floor sessions.

It’s still anybody’s guess as to when they’ll actually leave the statehouse for the year, but they’ve taken significant action on substantial bills this past week, such as killing a bill in the Senate that would’ve blocked the sale of the Idaho Transportation Department’s Boise campus.

But they still have several budget bills that need approval before heading home.

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Senate Republicans kill new summer food program for needy kids

The $545,000 line item in state funds proved too much for a sizable majority of senators to pass Thursday.

The cash would’ve covered Idaho’s share of administrative costs for the summer food program, giving kids from low-income families $40 a month to help cover the cost of meals.

Some who objected brought up the fact that children wouldn’t be required to work for the benefit and that it would instill a sense of entitlement and reliance on government aid.

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Idaho Senate snuffs out University of Phoenix bill

The future of the $685 million acquisition by the University of Idaho seems to be up in the air.

Top Republican lawmakers think this bill was the last chance for the school to buy University of Phoenix, and with it, its coveted online education platform.

In the end, too many legislators worried Idaho taxpayers would still be on the hook if the deal went south, or if the federal government further penalized Phoenix for its past business practices.

U of I is still considering its next steps, a spokesperson told me.

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Idaho Senate denounces racism after caveated debate

It took about half an hour of sometimes skeptical debate and the use of a rare procedural move to force two senators back on the floor for the vote, but the body signed off on a resolution denouncing racism.

Sen. Phil Hart (R-Kellogg) was one of two lawmakers Senate Pro Tem Chuck Winder (R-Boise) ordered the sergeant-at-arms to wrangle back to the Senate chamber and the only no vote.

The day after the vote, Hart formally protested the way the debate was conducted. He said he didn’t have enough time to read and absorb the legislation, which was introduced the same day it was voted on.

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SOTW:

Several senators on Thursday found themselves shaking their heads in disbelief that so many of their colleagues shot down a new summer food program for families in need.

“…we’re splitting hairs here, on kids, to eat over the summer,” said Minority Leader Melissa Wintrow (D-Boise).

It was anticipated to cover about 136,000 Idaho children for the three-month break.

The circumstances are on a smaller scale and less dire, but it echoed the sentiments of the 1985 Live Aid fundraiser to help ease a widespread famine in Ethiopia.

Similar reports of massive hunger and extreme poverty that inspired Sir Bob Geldof to orchestrate the charity concert also spurred Freddy Mercury and Brian May of Queen to write “Is This The World We Created…?” the prior year.

The pair helped highlight Live Aid’s Wembley Stadium finale with the song.

“Is this the world we created?

We made it on our own

Is this the world we devastated, right to the bone?

If there's a God in the sky, looking down

What can he think of what we've done

To the world that He created?”

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Other notable links from this past week:

Idaho analyst alters budget bill language ‘during internal review’ without OK of JFAC co-chairs

Idaho governor signs law to ban Medicaid, state insurance coverage for transgender gender care

Idaho AG Raúl Labrador ordered to pay costs of open meetings lawsuit over Phoenix deal

Questions remain about Idaho’s $2B school facilities bill. Here’s how it could change

GOP lawmaker cancels women's health hearing after Democratic press conference

House committee wants to spur more judicial elections

Noncitizen voting amendment to appear on Idaho 2024 ballot

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March 25, 2024

Subject: Time

Well hello Idaho, Julie Luchetta here, taking over the legislative newsletter this week from James Dawson as he takes a well-deserved rest. As we start seeing the light at the end of this year’s proverbial legislative tunnel (or maybe it’s just wishful thinking on my end), let’s take a closer look at what lawmakers have been up to this week. Here. We. Go.

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Democrats call out GOP lawmakers urging them to act on abortion, IVF

As the 2024 legislative session draws to an end, some* may wish this time of the year had gone by a little bit faster. Others, on the other hand, seem to wonder how so much time could go by without lawmakers addressing certain high-profile issues. At a press conference at the capitol on Friday, Democrat representatives urged their Republican colleagues to act on abortion access, in vitro fertilization and reproductive issues. Pulling no punches, Sen. Melissa Wintrow (D-Boise) called out the GOP supermajority for their inaction on the state’s controversial abortion bans. “Politicians in this body continue to deny that there's a problem in our state, and they refuse to acknowledge the truth, putting their head in the sand over and over,” she said. Rep. Brooke Green (D-Boise), whose son was conceived with the help of IVF, said she found it difficult to understand how lawmakers could prioritize codifying protections against cannibalism (yes, really) over perhaps more… pressing matters. “The last time I checked, there was not a threat of cannibalism in Idaho,” she said. “So certainly we can put forward protections for IVF in Idaho.”

*me

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Idaho legislature passes bill banning public funds for gender affirming health care

Lawmakers did not waste any time, however, making sure public funds don’t pay for gender affirming health care. The bill, approved on Friday, would prevent people seeking gender affirming care from using Medicaid or private insurance for state employees to cover the expenses. The Idaho Senate voted 26-8 to pass the measure, which has already cleared the House.

Legislators debated for the second year in a row whether or not to fund Gov. Brad Little’s signature initiative Idaho LAUNCH. Following a familiar back and forth between the “no thank you” and the “let’s do it” camps, Little’s program passed the house Thursday by a 39-31 vote, re-upping the grant tuition program for another year. LAUNCH gives graduating high school students up to $8000 towards studying in-demand careers like nursing and welding. In February, the Joint Finance and Appropriations Committee signed off on the program’s $77.6 million price tag.

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Idaho senate panel pushes vote on 'library porn' bill

To end this newsletter in step with this week’s theme (which I’m calling “Time is a flat circle,”), we have the seemingly never-ending debate on what exactly constitutes ‘obscenity.’ A state senate committee is kicking the can down the road on the latest bill to restrict access to quote “obscene” materials in libraries. If this sounds familiar, you’re not losing it, it’s been a topic of conversation for a… while. The bill would allow anyone to sue libraries, if they failed to relocate books to an adults-only section after a written request. Will lawmakers find a resolution by the end of this legislative session? Only time will tell.

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SOTW:

(Written by James Dawson prior to getting the plague)

The Idaho House has solved one of mankind’s most enduring mysteries of the last 30+ years.

What exactly does O.P.P. stand for?

The wise sages from East Orange, New Jersey, Naughty by Nature, dropped their four-minute, thirty one-second dissertation on the subject in August of 1991.

Two piano keys ring out in melody. Elder Sage Treach asks to be armed with harmony before he lays out his sonic treatise:

OPP, how can I explain it

I'll take you frame by frame it

To have y'all jumpin' shall we singin' it

O is for Other, P is for People scratchin' temple

The last P... well... that's not that simple

Multiple words could fit that final P in the acronym. After consulting all the ladies, Sage Treach discovers it …hmm… stands for property.

Rep. Kevin Andrus (R-Lava Hot Springs) drilled even deeper.

His House Bill 712 puts the screws to ranchers who willingly allow their livestock to stray onto Other People’s Property, or, as I’d like to think, Other People’s Pastures, and chow down on the grassy buffet in front of them.

However, this is where our good state representative and Naughty by Nature diverge.

Sage Treach urges secrecy when delving into these forbidden lands.

That's rule number one in this OPP establishment

You keep your mouth shut and it won't get back to her or him

Andrus’s bill, though, fines these ranchers acting unfaithfully. They could even face a misdemeanor for their indiscretions, if they get three convictions within five years.

While they may not agree with each others’ definitions on whether the acronym applies to private property rights, I think it’s safe to say both would give the same answer to the age old question:

You down with OPP?

Yeah you know me.

(Approved by All Things Considered Host Troy OPPie)

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Other notable links from this past week:

House panel OKs extending polling place electioneering ban

Candidate filing data show this election cycle setting up to be more competitive, costly

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March 18, 2024

Subject: Are the kids alright?

With less than two weeks to go until lawmakers gave an updated Sine Die date, they’ve been spending hours on the floor rolling through bills this past week.

Those long sessions include a few high-profile pieces of legislation that have drawn sharp criticism in recent days.

For example, the House tied a bow on a piece of legislation that would require doctors or therapists get permission from parents before treating their teenaged kids.

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House cuts teen medical privacy: 'This is why we don't allow children to have rights'

Right now, those ages 14 and older can withhold their medical records from their parents if they choose.

That’s caused an uproar among most Republicans in the legislature who believe parents should direct the entire spectrum of care for their children until they reach 18.

The bill’s sponsor in the House, Rep. Barbara Ehardt (R-Idaho Falls), said children aren’t responsible enough to be given free rein over their healthcare, spawning her quote, “This is why we don’t allow children to have rights…”

Democrats who voted against the proposal worry it’ll withhold mental and reproductive healthcare from teens whose parents don’t believe in either.

Gov. Brad Little has until March 20 to take action on the bill.

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Idaho House committee kills private school tax credit

One of the highest profile school choice/school voucher proposals this session isn’t seemingly going anywhere.

The House Revenue and Taxation Committee barely killed the bill, which would’ve set aside up to $50 million in tax credits for families who send their children to private school.

Republicans who opposed it say it would mostly benefit families whose kids already go to private school. Public schools, who could’ve used that $50 million instead, would also be hurt, they said.

Don’t count out a last-minute alternative bill being introduced over the next couple of weeks.

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Anti-transgender health coverage bill clears Senate committee

The bill would ban public funds from covering things like puberty blockers, cross-sex hormones and other gender-affirming care under Medicaid.

Coverage for the roughly 60,000 people enrolled under the state health insurance plan could also be affected.

The Senate State Affairs Committee advanced the bill by a single vote late last week.

It’s already passed the House.

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SOTW:

Over the last few weeks, lawmakers — especially in the House — have been plugging their local schools in the boys’ and girls’ high school basketball tournaments held in the Treasure Valley each year.

Multiple state representatives promised if their schools won it all, they’d pony up and buy their other 69 colleagues, as well as staff, milkshakes to celebrate.

Day by day, legislators waited for the results, I assume drooling at the thought of a free shake. Well, that blessed moment finally came.

Rep. Brent Crane (R-Nampa) came through with victory shakes on Wednesday.

Normally forbidden on the floor of the House and Senate for decorum purposes, (since, you know, it’s serious business) House lawmakers slurped down their milkshakes for the rest of the afternoon as they debated “porn” in libraries.

Enter…Kelis. If that name doesn’t register for you, “Milkshake” should, unless you were born in 2003 because that’s a thing now.

Sorry in advance for potentially getting this stuck in your head. Blame Clark Corbin with the Idaho Capital Sun for the nomination if you’d like.

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Other notable links from this past week:

Idaho House passes latest 'library porn' bill

Idaho Legislature’s JFAC calls for new $533,700 ‘legislative impact review team’

Idaho House passes bill blocking cities and counties from regulating knives

Critchfield unveils incremental funding formula change

State investigation: Garden Valley’s failure to provide appropriate special education is a systemic issue

A path forward? Lawmakers could seek to restructure Phoenix purchase

A tax-limit law curbed a fast-growing Boise-area fire district’s capability. What now?

‘Very concerning’: Idaho autopsy rates fail to meet national standards

Tracy Andrus, daughter of former Idaho governor, dies at 68

Bill advances to declare Idaho EMS an essential service

Idaho to join list of states requiring age verification on pornography sites

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March 11, 2024

Subject: Future of the University of Phoenix deal in the Senate’s hands

Right at the top, I want to apologize to you, dear readers, for not sending out a newsletter last week.

Our station’s newsletter platform had…just a handful of glitches that lasted until Thursday. By that point, we thought too much had happened at the statehouse to give you such old information.

If you’re a hardcore fan, you can find what I did write (as well as all previous newsletters), along with my Song of the Week picks  here in our archive.

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Now, what’s the latest?

While we still had a lot of new bills introduced (more than three weeks after the legislature’s self-imposed deadline to do so, mind you), floor sessions are growing longer.

Lawmakers are staying into the early evening to chip away at their lengthy agendas, particularly in the Senate.

The action this past week came in the House, though. There, lawmakers continued airing their frustrations with the University of Idaho’s planned $685 million purchase of the University of Phoenix. It passed a resolution urging a halt to the deal and authorizing a lawsuit if necessary.

If you’ve been following the kerfuffle, legislators are much more angered by the secrecy surrounding the deal than the acquisition itself.

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Idaho House urges U of I to halt Phoenix deal or face a lawsuit  

They said U of I essentially ghosted them.

As Rep. Brent Crane (R-Nampa) put it, “I have a cell phone and I have a laptop.” They could’ve reached out at any time, he said, since the deal became public last spring.

Legislative leaders told reporters during a press conference last Thursday they’ve sought a third legal opinion on the acquisition’s legality.

If you’re reading this on March 11, Pro Tem Chuck Winder (R-Boise) said a final version of that opinion should be issued sometime today.

After its release, Winder said the Senate will then consider the future of the resolution approved in the House.

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New primary election date clears Idaho Senate

An estimated 7% of registered Republicans voted in the recent Idaho GOP presidential primary.

That’s added fuel to the traditional wing of the GOP who have been pushing to reestablish a primary election instead after legislators mistakenly removed it from state code last year.

Sen. Jim Guthrie’s (R-McCammon) bill would require all primary elections to be the third Tuesday in April.

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Initiative restrictions bill clears Idaho House 

As we’ve seen with past attempts to add new restrictions to the initiative process, it’s not a very high hurdle to jump over in the House.

A new argument I haven’t heard before for this bill is the monthly signature submissions would help campaigns avoid collecting many more signatures than necessary.

Reclaim Idaho, for example, has told me in the past they collect far more signatures than what’s legally needed to qualify for the ballot in the anticipation that many will be thrown out for different reasons.

The signatures might not fully match, the person might not be registered to vote in Idaho, or the person might have moved since they last updated their voter registration and no longer live in a particular district.

The real test will be in the Senate, where votes may be harder to come by.

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SOTW:

It would be a disservice to ignore the fact the House passed a bill expanding the ways someone might be charged with cannibalism.

House Minority Leader Ilana Rubel (D-Boise) skewered, roasted and chewed up the issue in her debate full of meat puns. You can find that in the legislative media archive under the House chambers tab for March 7.

U.S. politicians famously maligned the death metal band Cannibal Corpse in the ‘90s for their outrageous lyrics. But I’m not going to go there.

This week, let’s go with some Fine Young Cannibals instead.

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Lately, I’ve been getting back into some earworms from the incredibly talented LA sister trio Haim.

The group’s first album “Days Are Gone” turned 10 years old in 2023. They scored a lot of international radio play from their fourth single off that record with “The Wire.” It’s a fantastic song, though I prefer “Honey & I.”

Haim’s 2020 “Women in Music Pt. III” earned a Grammy nod for Album of the Year, but lost out to their friend Taylor Swift’s “Folklore.” Do yourself a favor and watch their Grammy performance for “The Steps.”

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Other notable links from this past week:

Exclusive: Idaho’s Sen. Risch stands in middle of funding dispute for international crisis

Lawmakers look to Little as sale of ITD’s State Street campus remains on the rocks

Analysis: As the session winds down (we hope), lawmakers wrestle big questions about Phoenix

Homeschool families raise concern over Senate legislation

Senate committee introduce new guns in school bill

2024 Idaho legislative session likely to extend through March 29

March 4, 2024

Subject: University of Phoenix deal catches legislative scrutiny

This past week saw a kind of reckoning legislative watchers have been waiting for all session: a confrontation over University of Idaho’s planned acquisition of the University of Phoenix to the tune of $685 million.

News of the planned deal surfaced last year after lawmakers adjourned for the year, and it left many of them scratching their heads as to why they weren’t consulted.

U of I President Scott Green showed up for multiple hearings, apologizing for not talking to them earlier.

But, make no mistake, Green said neither the university nor the Idaho State Board of Education needed to get legislative approval for the purchase because the deal is financed through bonding debt.

The result? House lawmakers are poised to consider a resolution that would authorize the House Speaker and the Senate Pro Tem to sue to block the acquisition before it goes through and test that assertion in court.

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Resolution to halt University of Phoenix purchase heads to Idaho House

President Green made one last plea before the House State Affairs Committee Friday, saying jeopardizing this deal would leave U of I in a terrible position to weather a predicted downturn in traditional student enrollment over the next decade or so.

As state board of education member Kurt Liebich put it the previous day, “What you’re going to see across the country are hundreds and hundreds of higher ed institutions going out of business here in the next 10 years because of the change in demographics and just the uncompetitive cost of only delivering in-person education.”

That line didn’t sway committee members, at least one of whom said she was still upset by the idea there doesn’t need to be any legislative oversight.

“I think that’s a huge problem and I think the only way to stop that will be going through a court,” said Rep. Heather Scott (R-Blanchard).

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Therapist religious convictions bill clears Idaho Senate

Therapists and relationship counselors could soon reject clients if they feel they would need to violate their religious beliefs to serve them.

The question is whether or not a person’s First Amendment rights to religious liberty or their chosen profession’s code of ethics should take precedence.

Opponents worry it’ll further marginalize LGBTQ patients, or even those seeing divorce as a better option than staying in an unhappy marriage.

The bill is similar to one passed by the House last year and seems to be on a glide path to the governor’s desk.

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Idaho House introduces new initiative restrictions bill

Ballot initiative campaigners have been ringing the alarm on the latest attempt to add new regulations to a right given to Idahoans in the state constitution.

The idea, according to Rep. James Petzke (R-Meridian), is to cut the time organizers have to gather tens of thousands of signatures statewide from 18 months to 17 months. That extra time, he said, would ease the work of county clerks who have to verify each signature.

The bill would also force organizers to submit their signatures on a monthly basis, otherwise Petzke said they would likely be invalidated automatically.

Both the Secretary of State and the Idaho Association of County Recorders and Clerks are reviewing the bill before taking a position.

Expect this bill to be taken up this week in committee.

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SOTW

There’s a lot of material to work with when it comes to the word phoenix. The mystical firebird in Greek mythology, the city in Arizona, themes of rebirth.

I’ll opt for the French indie pop band this week, though.

Parts of “If I Ever Feel Better” give me vibes of what President Green might experience should the acquisition be shelved for good — you know, in a funky, euro dance kind of way.

Now I've watched all my castles fall

They were made of dust, after all

Someday all this mess will make me laugh

I can't wait, I can't wait, I can't wait, I can't wait

Of course, it’ll be a while before we see how this all shakes out. Maybe he’ll instead soar across the sky, victorious in positioning Idaho’s higher education system as a national leader in the space  ¯\_(ツ)_/¯

——

Continuing last week’s theme of looking forward to sunny days, well, we have “Another Sunny Day” from Glaswegians Belle and Sebastian (there are a couple curse words, FYI, as is the Scottish way).

I’m not sure why, but mid-2000s indie bands sure had a knack for rattling off upbeat, twangy bangers that are hard to come by these days.

Such innocent days before this country’s second-greatest economic collapse and a global pandemic, am I right?

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Other notable links from this past week:

Idaho lawmakers move to protect IVF as backlash grows against Alabama decision

Legislators question IDOC Director about failed execution

Branden Durst files intent to sue two education agencies for $1.25 million

U of I funnels $7.3 million of Phoenix consulting to Green’s former employer

Idaho Senate votes down anti-SLAPP bill

Idaho Senate passes bill to create statewide voter guide

Idaho bill proposing $420 mandatory minimum fine for marijuana possession goes up in smoke

Idaho Secretary of State’s Office launches revamped Vote Idaho website

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February 26, 2024

Subject: Back to square one

On Thursday, we got to witness one of the quirks of the Idaho Senate.

All 35 members still get called on by the chief clerk, one by one, to cast their votes. Compare this to the House where its 70 members vote yea or nay through their desk phones.

It’s a tradition some senators seem to relish. It also can give some of them significant power.

The reason is because a senator can keep quiet when their name is called and temporarily get skipped. If you’re on the fence about how you want to vote, this gives you a little more time to make a decision.

But it also lets those with last names toward the bottom of the alphabet count the votes that came before them and, as we saw on Thursday, cast the deciding vote knowing you’re the end of the line.

The privilege so happened to fall upon Sen. Glenneda Zuiderveld, living out the dream of every kid born with a last name that begins with an X, Y, or Z who always lined up last for the lunch line at school.

She cast the 18th and final vote to torpedo the latest bill addressing so-called “obscene” materials in public libraries.

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Idaho Senate kills latest library 'porn' bill

The overall vote count might seem whacky at first glance.

Nearly every Democrat, minus Boise Sen. Carrie Semmelroth, joined with members of the Idaho Freedom Caucus to tank the proposal.

The reasons couldn’t be any more different, though.

Six of the seven Democrats have repeatedly said there’s no pornography in public libraries. They said a small minority of very conservative constituents simply don’t want books mentioning LGBTQ characters in libraries at all.

Meanwhile, far-right lawmakers argue the bill didn’t go far enough.

From what supporters of the legislation tell me, the issue won’t be going away before lawmakers are set to adjourn next month.

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School facilities, tax cut plan easily clears Idaho House

It’s been a quick journey through the House side with this proposal. Republican leadership introduced the bill on Tuesday to no negative public testimony.

Idaho education lobbying groups aren’t happy giving up an extra election date when they can run bond and levy issues. But they said it’s worth it overall to get $200 million in annual funding for facilities and building maintenance over the next decade.

The move is a key part of Gov. Brad Little’s state of the state address and budget proposal to tackle a projected statewide maintenance backlog of $850 million in public schools.

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Idaho Launch gets JFAC funding, but faces an uphill battle

The governor’s office scored another win in the Joint Finance and Appropriations Committee on Friday.

Lawmakers gave a thumbs up to $77.6 million to fund a second year of his signature Idaho Launch education grants program.

Legislators signaled they could add additional restrictions to how the money is used by high school graduates and how the state could potentially claw the cash back, but declined to add those to the budget bill itself.

Don’t expect the proposal to win a popularity contest in the House, though, where it only passed by a single vote last year.

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SOTW

Far from my favorite Ramones track, “Rock ’n’ Roll High School” paired with the promise of fixing leaky school roofs and stopping sewage from seeping under cafeteria floors seems like a decent enough duo.

Did convicted murderer and musical giant Phil Spector enhance the Ramones’ sound in that track and its album, “End of the Century”? Of course.

Call me old fashioned, but it also sucked some of the soul out of what made the band great just a couple years earlier. Give me “Blitzkrieg Bop” and “Now I Wanna Sniff Some Glue” in all their sonically flat glory.

I don’t know if it’s been the sunshine this past week or warmer temperatures, but I’m hitting that secret spring vibe lately.

Montreal electro-funk duo Chromeo dropping a new album last week didn’t help dispel that feeling.

The melodic, pitch bending intro to “Got it Good” (explicit language warning) turned me off at first, if I’m being honest. Some things should just stay in their respective eras.

I mean, Gen Z has been smart enough to keep the puka shell necklaces and frosted tips back in the Willennium. I can’t say the same for cargo pants and wide-leg jeans, unfortunately.

The song, thankfully, settles into a head-nodding, leg-jiggling good time. It’s not as much of an ear worm as “Come Alive” from their back catalog, but it’s certainly good enough to tide us over for another few months as we wait for our real spring.

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Other notable stories from this past week:

New report shows 'dramatic exodus' of Idaho OBGYNs since repeal of Roe v. Wade

Attorney’s letter spells out lawmakers’ case against Phoenix purchase

As immunization numbers drop, school officials warily watch the Legislature

Republican Idaho legislator proposes constitutional amendment to block ranked choice voting

New Idaho bill would create $420 mandatory minimum fine for marijuana possession

After police raid, Idaho lawmaker introduces bill to repeal state needle exchange program

ACHD shakeup: Bill to add commissioners, reelect existing board, and make offices partisan

Labrador asks U.S. Supreme Court to allow Idaho to ban transgender care for minors

Idaho House unanimously approves legalizing fentanyl test strips

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February 19, 2024

Subject: It’s happening!

Just in case you didn’t pick it up from the subject line, yes, it’s that special time of year when we all get to refresh the governor’s legislative page to see whether he’s signed a particular bill.

Gov. Little’s staff generally has an updated spreadsheet available around 5 p.m. each weekday, but it’s sometimes uploaded later in the evening if there’s a particular controversial bill on which he needs to take action.

Here’s the critical thing to keep in mind: just because a bill clears its second chamber, it might not officially reach Little’s inbox for a day or two because of certain bureaucratic necessities that have to take place while the House and Senate are on the floor.

Once it does reach his desk, he then has five days (Sundays don’t count) to decide if he’ll sign it, let it go into law without his signature, or veto it.

The first significant piece of legislation that’s heading to Little’s desk (or has already landed there, depending on when you read this) is the state’s latest attempt to use mandatory minimum prison sentences for fentanyl traffickers.

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Idaho close to implementing mandatory fentanyl sentences

The heat behind this bill has been intense.

Rep. Heather Scott (R-Blanchard) said in her debate, “It’s been very difficult to really vote how you want to vote on this bill.”

“Many of us know if we don’t vote ‘correctly’ with law enforcement on this bill, we will be ‘law enforcement haters’ or ‘fentanyl lovers’ or ‘drug trafficker lovers,’” Scott added.

BoiseDev gave some lawmakers anonymity in an article last week confirming those feelings that they’d face well-funded primary opponents if they opposed the legislation.

Now it’s up to Gov. Little, who’s not up for re-election this year, to decide the bill’s future.

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Idaho Senate to consider 'library porn' bill

This is the more toned down version of the bill that librarians still hate.

In fact, that hatred comes from both sides. Stalwart defenders of previous iterations of the legislation say it’s essentially neutered. It reminds me of one of my favorite Futurama bits.

Democrats aren’t really fans. As mentioned above, the most conservative legislators aren’t particularly stoked either.

With the above info in mind, that coalition has stopping power. We saw it late last week when the two factions joined together
 to defeat a bill that wouldve given pesticide manufacturers immunity from certain lawsuits.

So, what are its chances on the floor? It depends on if the far right wants to hold out for something with more teeth.

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Idaho House OKs expanding death penalty to child rapists

The main takeaway from this bill is that it’s unconstitutional according to the U.S. Supreme Court from 2008.

Rep. Bruce Skaug (R-Nampa) acknowledges that. But he thinks the current makeup of the court could overturn that precedent if Idaho is willing to bankroll a test case to bring to D.C. to challenge it.

Such a move wouldn’t be cheap or quick, especially if the legislature or the state chose to hire outside legal help from firms specializing in appellate and Supreme Court cases.

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SOTW

This week, let’s highlight the genius of funk and soul superstar Curtis Mayfield.

There’s been plenty of talk about drug cartels, traffickers and dealers. I’ve been waiting for someone to mention a “Pusherman,” but no dice so far. Just a warning, the song does use the N-word.

Mayfield composed this song and the entire soundtrack for the 1972 blaxploitation movie “Super Fly” about a cocaine dealer trying to leave the business. I highly recommend his excellent self-titled “Curtis” album that debuted in 1970.

Riffing off of Curtis, why not give a shoutout to what may be my favorite hip hop crew, A Tribe Called Quest. Their landmark “Low End Theory” turned 30 a couple years ago, which features “Jazz (We’ve Got)” which samples Mayfield.

I’ll let Q-Tip give you the content warning on that song:

“Not the best not the worst and occasionally I curse to get my

Point across, so bust, the floss.”

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Other notable stories from this past week:

Idaho bill could offer protections for retaliatory lawsuits. Here’s what it would do

Lawmakers threaten lawsuit to stop Phoenix purchase

Fentanyl testing strips are illegal in Idaho, but House Bill 441 seeks to change that

Idaho GOP won’t allow news media inside upcoming Republican presidential caucus

Committee introduces another AI bill on explicit ‘deep fakes’  

Idaho House wants age verification for internet porn

Idaho House passes bill to study maternal deaths

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February 12, 2024

Subject: You can shove this Jay-Oh-Bee

What. A. Week.

House Majority Leader Megan Blanksma – I guess I should say former House Majority Leader Megan Blanksma – is out of her leadership role.

It’s not every day a political party ousts its number two in the middle of the year. In fact, I’ve never seen it covering two state legislatures over the past 11 years.

While not an exact comparison, the last time a member of leadership lost their seat happened in 2012, when current Lt. Gov. Scott Bedke outmaneuvered Lawerence Denney as Speaker of the House.

Clark Corbin of the Idaho Capital Sun found an article from Betsy Russell at the time, saying Denney’s ouster “marked the first time in three decades that a top Idaho legislator has been deposed by his own party.

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Idaho House GOP ousts majority leader mid-session

House Republicans elected Blanksma as their majority leader in December 2022. At times, she’s clashed with her caucus, especially the more conservative wing.

That shouldn’t be taken to mean she’s not a staunch conservative, though. All you have to do is look at her voting record since she was first elected in 2016.

While we don’t have an exact breakdown of exactly what was said during last week’s multi-hour caucus meetings, her ouster, instead, seems to align with her opposition to a new legislative budget-setting strategy. She alluded to that in a statement she texted me on Thursday.

Depending on when you read this newsletter, a new majority leader may already be elected. That process is set for sometime today, Monday, Feb. 12.

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New 'library porn' bill no longer reclassifies obscenity

There have been substantial changes since the last time we talked about “obscene” materials in Idaho’s libraries.

One of the biggest differences? As the headline says, the new bill would no longer try to define what should be considered as obscenity.

For the first time in the three years these efforts have been underway in Idaho, books or other materials that possess “serious literary, artistic, political or scientific value for minors” would not be considered obscene.

Parents would still be able to sue a public library in civil court, but only if it didn’t move a book to an adults-only section after it found the material to be obscene for minors.

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Fight to expand birth control access goes to Idaho House

Once again, state senators have signed off on a bill requiring insurance companies to cover up to a six-month supply of hormonal birth control.

A similar proposal failed in the House two years ago.

The bill’s sponsor, Senate Minority Leader Melissa Wintrow (D-Boise), says insurers aren’t opposed to the measure.

But will the fifth time be the charm, or will concerns about over-regulating private business win out? Stay tuned.

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SOTW

It might not have been a voluntary separation. She’s not fully quitting, either.

But it’s hard to imagine many people getting deposed without feeling some sort of way about it.

Take This Job and Shove It,” written by David Allan Coe and performed by Johnny Paycheck (both early outlaw country stars), has been a quitting anthem since its release in 1977.

How many people have worn out 8-tracks and cassette tapes blasting this song as they burn rubber out of the parking lot, whether healthily channeling their frustrations every Friday at 5 o’clock or having Johnny narrate what they’ve just done? It can’t be a low number.

The late, great Biz Markie even sang the chorus as he teamed up with Canibus on “Shove This Jay-Oh-Bee” featured on the “Office Space” soundtrack. Don’t forget to wear your 15 pieces of flair or face the consequences.

Some of you may already know that my grandpa died last month. This week’s bonus is dedicated to him.

He started my lifelong appreciation for classic country, or what he liked to call “supper music,” early. He had tapes of Merle, George, and of course, Hank, in his pickup.

One Christmas when I was five or six, I got my first Walkman and I so desperately wanted to be like him (just as I did when I demanded my mom shave my long, red bowl cut to match his high and tight a few years earlier — much to her devastation).

With the help of my dad, I dubbed Hank Williams “40 Greatest Hits” double disc to tape. I never really got past the first track, “Move It On Over.” From the fiddle intro to the accentuated steel guitar twangs, I was hooked, dancing along terribly throughout his house as only young kids can do .

My dancing skills never improved, but I finally made it past the first track as I got older. Now, I appreciate the more low-key bangers, like “Lost Highway.”

Thank you for this, and for far more than you’ll ever know, big guy.

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Other notable stories from this past week:

State plan to fund school facilities introduced

Idaho House GOP defines gender as either 'male' or 'female'

‘They fed it to them’: Idaho lawmaker worried about cannibalism, because of human compost

Bill reining in public health district powers hits roadblock

Maternal death review committee bill clears House committee

Idaho bill would limit remote work for state employees

Employee survey indicates support for Phoenix purchase

Bill advances on death penalty punishment in child sexual abuse cases

Bill to protect public land and water access clears Senate panel

Pesticide labeling bill draws controversy in committee

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February 5, 2024

Subject: Word up, WordGirl

The legislative gears are turning. Multi-hour public hearings, hours-long floor debates are already here, or are coming in the near future.

Take last week for example:

Defenders of Idaho’s Medicaid expansion flooded the capitol building to oppose a bill that would eradicate the program unless certain new restrictions are implemented over the next year.

During a floor debate over whether teachers, school staff and volunteers should be able to arm themselves without permission from administrators or the district, the sponsor, Rep. Ted Hill (R-Eagle), stood up to answer so many questions, he definitely didn’t skip “leg day.” The whole exercise lasted nearly 90 minutes.

That’s right. It smells like lawmakin’ time in February. For those of us political lovers itching for a fix, there’s almost nowhere else you’d want to be. Come stay awhile, won’t you?

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Bill to arm teachers easily clears Idaho House

Despite the number of skeptical questions, reservations expressed and outright opposition, it wasn’t even close with 56 in favor to 16 against.

Several Republicans who said they were uncomfortable with the language, the secret nature of who would be carrying on-campus and the loss of local control for school boards ultimately voted for the bill.

Just five GOP lawmakers sided with Democrats to give the measure a thumbs down.

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House committee puts bill to restrict Medicaid expansion on ice

Supporters of Medicaid expansion told the House Health and Welfare Committee how early cancer screenings paid for by their newfound coverage saved their lives. They could finally get their hands on the medications they needed — or stop rationing pills they could barely afford.

The bill they testified against would’ve eliminated Medicaid expansion entirely if certain conditions weren’t met. Namely: work requirements, lifetime coverage limits and a cap on the number of enrollees at a time.

Many of those conditions would’ve needed approval from federal officials who rejected similar proposals from Idaho during the Trump administration.

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Idaho House passes mandatory minimum offense for fentanyl trafficking

Three years to life in prison. That’s the penalty fentanyl traffickers would face under the legislation, depending on how much of the drug they possess.

As pointed out during the floor debate, the bill wouldn’t require prosecutors to prove an intent to deliver the drug.

It also wouldn’t base a mandatory minimum sentence on isolating the amount of fentanyl in a given mixture. It would consider the entire weight of the substance.

Fifteen grams, or the equivalent weight of five U.S. nickels, equals five years in prison. Fentanyl is highly concentrated, with only tiny amounts necessary to overdose.

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SOTW

Self-described “word girl,” Rep. Julianne Young, convinced a House committee to send her bill to the floor that would require the state of Idaho to define gender as either male or female.

It’s the second of Young’s bills this year looking to reshape the state’s legal linguistic landscape.

The first bill would eliminate the word “fetus” and replace it with the term “pre-born child.” She says her preferred language is more understood by the general public than what she considers to be a dehumanized medical term.

Young’s own title might be familiar to parents of a certain age.

PBS’s WordGirl features Becky Bostsford, a fifth grader from outer space, fighting crime and teaching those youths all about vocabulary. I mean, it’s a pretty great premise, right?

Is the show’s theme song too on the nose for this week? Maybe. Perfect fit? Definitely.

Your bonus song this week comes from the short lived supergroup Divine Fits, a collaboration of two of my favorite 2000s indie groups Spoon and Wolf Parade.

Would That Not Be Nice” skews more toward the Spoon side in its delivery: a rhythmic, driving bass groove, sparse guitar punctuations and Britt Daniel’s signature scratchy vocals.

Put this on if you need to feel like you’re walking somewhere with a purpose.

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Other notable stories from this past week:

A member of Senate GOP leadership will not seek re-election

Judge rejects Labrador’s open meetings lawsuit against State Board

Idaho Gov. Brad Little says JFAC’s budget changes could have unintended consequences

Idaho Legislature’s budget committee signs off on raises up to 3% for state employees

Idaho bill to expand contraceptives access makes its way to Senate floor after committee hearing

Idaho Gov. Brad Little heads to Mexico border; lawmaker wants to confront ‘invasion’

‘Cheat codes for hunters’: Idaho bill would help prevent pinpoint of wildlife locations

Mark Stinson to serve as Rep. Nash's substitute starting Monday

Cell phone porn filter bill introduced…

Commission of Pardons and Parole denies Creech a commutation recommendation

Adding lewd conduct with a child as a crime punishable by death could be problematic

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January 29, 2024

Subject: Semantics

James Dawson is out this week so it’s me, Julie Luchetta, taking a stab at this newsletter thing. Here we go.

Semantics! Words! What they mean, what they don’t mean and how to wield them seem to be at the heart of many bills this legislative session. Last week, the so-called “library porn” bill was shelved pending a potential compromise deal, revealing folks' different interpretation of words like “obscenity” and “sexual conduct.”

This week was no different, with a heavy roster of bills trying to define, reword or clarify the meaning of.. Things. Let’s dive in.

A bill hoping to replace the word ‘fetus’ with the term ‘preborn child’ in Idaho code was put on hold as some legislators questioned the potential scope of such a change. Bill sponsor and self-proclaimed ‘word girl’ Rep. Julianne Young (R-Blackfoot) disagreed with those who wondered if the word switch would inadvertently criminalize miscarriages or affect clinics’ handling of fertilized embryos.

Rep. Young introduced yet another semantic-focused bill this week, with a new text that would change the legal definition of “sex” to exclude any gender outside of a strict female and male binary. Planned Parenthood pushed back by noting the existence of trans people. A motion by Rep. Bruce Skaug (R-Nampa) cleared the way for the bill to receive a yet-to-be determined public hearing.

And for our final round-up of “Semantics, amirite?” bills coming up recently, we have the Senate’s third attempt at passing a law that would change the definition of “domestic terrorism” in Idaho code. Under Sen. Kelly Anthon (R-Nampa)’s text, the state would only recognize criminal acts as domestic terrorism if they were committed in cooperation with a foreign terrorist organization. I double-checked and yes, the words ‘domestic’ and ‘foreign’ are direct antonyms, so it gets confusing fast.

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AI intelligence is upon us: here’s what legislators are doing to fight the robots

As news came out that New Hampshire voters received robocalls mimicking the voice of Joe Biden telling them not to head to the polls this past Tuesday, Idaho legislators also grappled with artificial intelligence’s potential to wreak havoc on our election system.

“I think the deep state video I'm watching is the two of you at the podium together,” said Rep. Joe Alfieri (R-Coeur d’Alene) in jest as Rep. Ilana Rubel (D-Boise) and Rep. Bruce Skaug (R-Nampa) presented a new bill in front of the House Judiciary Rule and Administration Committee. The law would attempt to combat the use of artificially generated images and sound during elections.

As Rubel mentioned during the hearing, “We are probably going to have to pass 50 bills on AI before the end of next year. I think we are just starting to wrap our head around all the mischief that's going to come out of this.”

If only we had been given a heads up about all this AI stuff.

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Bill Allowing Armed Teachers, Volunteers In Idaho Schools Advances

Republican lawmakers in Idaho are moving quickly on a bill to allow any school staffer to carry a concealed firearm on-campus without prior approval.

The bill from Rep. Ted Hill (R-Eagle) and the National Rifle Association would only require a staff member or educator to hold an enhanced concealed weapons license and to notify the school’s principal and district superintendent that they’re carrying a gun.

Those administrators would be required to maintain a confidential list of all employees and school volunteers who carry a concealed firearm and notify local and state law enforcement.

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Idaho Legislature 101: How does a bill become law?

If you’re anything like me, it’s been a couple decades since your last high school civics class. It’s understandable if you’re rusty when it comes to the legislative process.

Despite its age and campiness, Schoolhouse Rock is still a solid overview when it comes to explaining how a bill becomes a law. For the real ones out there, I also recommend watching the Simpsons parody.

But each state legislature, all the way up to Congress, have their own unique quirks that can slightly tweak the process here and there.

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SOTW

As legislators debate a new bill that would allow teachers and staff to conceal-carry firearms in schools without prior approval, I’m reminded of the 2011 runaway electro pop hit Pumped Up Kicks from Foster the People.

School shootings have become so embedded in American culture, they’re now the subject of popular songs, and have been for decades. Chances are, you’ve heard this one before but did you know it’s about the reality of gun violence in the US from the perspective of students running away from a school shooter?

James Dawson should be back next week, thanks for reading. -Julie

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Other notable stories from this past week:

Charter school overhaul clears major hurdle, advances to House

UI-Phoenix open meetings lawsuit awaiting judge ruling

Idaho librarians consider leaving work — and the state — as result of proposed legislation

Canyon County law enforcement decries gang problem. But exactly how big is the issue?

Idaho Senate passes bill to define ‘domestic terrorism’ as activity associated with foreign groups

Mandatory minimum sentence for fentanyl trafficking bill heads to Idaho House

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January 22, 2024

Subject: Full, I mean, half steam ahead? Yeah, let’s go with that

Full steam ahead! …oh wait. *checks notes* Let’s pull that lever back a bit.

Bills are being introduced at a significant rate. 

The most recent progress report showing prepared legislation shows through Jan. 12, the Legislative Services Office had prepared 151 new pieces of legislation — a figure not seen during the early weeks of the session since 2021 following the first year of the coronavirus pandemic.

That same report shows 17 bills had been introduced over the first week.

The first significant bill up for debate on the House floor this session was scheduled for last Thursday.

Shortly before taking place, lawmakers allowed the proposal to return to committee on the understanding that negotiations behind the scenes were ongoing.

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Compromise in the works for 'obscene' library materials

Spoiler alert: We don’t know exactly what the compromise is. The two lawmakers spearheading the talks told me they’re still finalizing the bill’s language and won’t share any details until that’s done.

What we do know is what one of the players, Sen. Geoff Schroeder (R-Mountain Home), does not want, at least as of last year. A big reason why he voted against the 2023 version of the legislation had to do with the civil lawsuit provision. Last year’s proposal would’ve imposed a $2,500 fine along with untapped damages.

Would the sponsor, Rep. Jaron Crane (R-Nampa), nix the section allowing the person filing the lawsuit to collect uncapped actual damages? I don’t know, but it is a sticking point for a lot of lawmakers.

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Idaho lawmakers consider reviving maternal mortality review panel

Last July, Idaho became the only state in the country to not have some type of government entity reviewing maternal mortality data. Republican lawmakers let the committee expire.

A group pushing for more health coverage for pregnant women and children found a spike in deaths in 2021 compared to 2020. That came prior to implementation of Idaho’s strict anti-abortion laws, which Democrats say endanger the lives of pregnant women even more.

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Idaho lawmakers reject bill to set minimum age of prosecution

Anyone in Idaho, regardless of their age, can be criminally prosecuted for a crime.

An attempt to set that minimum age, aside from cases of first- and second-degree murder, at 10 years old stalled this past week.

It was more of a soft “no,” though. Several of those who voted against the measure in a House committee said the bill needs to outline how exactly a child under 10 who commits a crime would be supervised or rehabilitated.

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SOTW:

Fair warning: this week’s is a tear-jerker. As we mentioned earlier, Idaho has been without an entity to review its maternal mortality data since last July.

It seems like that could be reversed later this summer if the bill to implement a new committee clears the legislature. Efforts to offer mothers Medicaid coverage up to one year after giving birth are also underway.

Still, maternal mortality spiked in 2021 to 40.1 deaths per 100,000 births, according to a report from Idaho Kids Covered, a group that advocates for health coverage for children. That’s up from 18.1 deaths per 100,000 births the prior year, according to the Idaho Capital Sun.

When I think of death in childbirth, I think back to the 19th century and before when such horrific circumstances were more common. Gussie Davis, the first Black songwriter to achieve significant success in New York’s Tin Pan Alley according to the Library of Congress, was one of many to immortalize the experience through song.

In the Baggage Coach Ahead” is a slow burn as it slowly lifts the veil on the situation. I was going to link an early recording from the ‘20s, but the lyrics are harder to hear. So, let’s go with Country legend Mac Wiseman’s version.

Similar in title, but not in substance, your bonus this week cuts deep into the first EP released by Fleet Foxes in 2008. Sparsely arranged, but performed with the vocal weight of Atlas’ burden, “Innocent Son” just hits differently.

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Other notable stories from this past week:

Idaho Legislature’s JFAC sets bare-bones ‘maintenance of current operations’ budgets

Bill would make lewd conduct with a child punishable by death

No, the Blaine Amendment isn’t ‘null and void.’ Here’s why

More Idahoans than not think state is on the ‘wrong track,’ want less strict abortion laws

FCC fines two Idaho stations over ‘misleading’ political shows from former GOP leaders

Bill would add penalty for claiming more than one homeowner’s exemption

Swayne Wins Public Records Lawsuit

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January, 15, 2024

Subject: And…they’re off!

It’s official. Hopefully you didn’t miss the starting gun because Idaho’s legislators sure didn’t.

They’re wasting no time in getting bills introduced as quickly as possible this election year, possibly in the hopes that they can get back to their districts sooner rather than later.

If this is your first time following the legislative session, thanks for spending time here with us. Newbies and vets alike are welcome, but I know it can be a steep learning curve.

We’ve got a refresher for everyone who might be thrown off by terms and jargon thrown around in the form of a glossary right here. Please, please, please send me any questions or suggestions you have about legislative terms and they might just make their way into this resource.

Now, let’s get up to date with priorities laid out in Gov. Brad Little’s state of the state address.

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Education, infrastructure are top priorities for Gov. Brad Little in 2024

It’s not even officially Infrastructure Week yet, though I guess we could make one just for Idaho.

Gov. Little wants to dedicate $2 billion over the next decade toward public school facility maintenance and upgrades. Idaho ranks among the bottom of all states in funding school facilities per square foot, according to a recent state report.

That’s the same investigation that found a massive backlog in maintenance. It would take about $850 million, according to the report, to get all public schools in Idaho up to “good” condition.

It’s a big ask for the legislature, though Republican leaders seem receptive to it in principle. Expect negotiations to last a significant portion of the session.

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Fetus or 'preborn child?' Idaho law may soon favor the latter term

The term “preborn child” has been thrown around in committee hearings and floor debates for the past couple of years by anti abortion rights advocates. Now, they want to make it the state’s official term when it comes to law.

Rep. Julianne Young (R-Blackfoot), who sponsors the bill, said it won’t affect current state policy. Democrats, like Rep. Colin Nash (D-Boise), aren’t so sure.

Nash asked Young to speak during a future public hearing on whether or not the changes would afford a fetus more legal rights in Idaho if implemented.

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Idaho lawmakers revive 'library porn' legislation

Back again with a couple tweaks, this is the third year legislators have tried to restrict the types of materials libraries have available for all ages.

The structure of the bill is largely the same in that books with any act of homosexuality would be verboten for minors to check out by themselves.

The maximum statutory fine is reduced from $2,500 to $250, though a person who sues a library could still recover uncapped “actual” damages.

What’s mostly different is the fact that a person would first give a library written notice about a book they find objectionable. The institution would have 30 days to move it to an adults-only section without any ability to reject or appeal that demand from a patron.

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SOTW:

2023’s legislative session has something to say about this first week.

So when you gonna tell her

That we did that, too?

She thinks it's special

But it's all reused

That was our place, I found it first

I made the jokes you tell to her when she's with you

Do you get déjà vu when she's with you?

That place? The Idaho Capitol. What exactly had they been doing? Well, as I mentioned before, running the same bills as before.

Restricting access to materials in libraries, repealing the Blaine amendment…and more are on the way.

2023 feels you, Olivia Rodrigo (there’s one swear word at the end of the song if that’s something you’re concerned about). Go enjoy that strawberry ice cream with someone who deserves you.

All that aside, I hope you had a restful weekend. Roads were closed across the state due to snow and ice. Most of us got to hunker down and possibly enjoy a slower pace. I know I was “Doing Nothing” as channeled by our favorite band to come out of the Elephant Six collective, Of Montreal (you know, unless you’re one of those Neutral Milk Hotel people).

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Other notable stories from this past week:

Idaho Freedom Foundation announces new leadership

Budget lawmakers dig into the details of governor’s education spending plans

Idaho Legislature introduces new bill banning explicit AI media to harass or extort victims

Idaho budget official says state cannot ‘independently verify’ cash balances after Luma transition

Idaho health department to change grant procedures in response to audit

Idaho Republican Party targets ballot initiatives, Section 8 vouchers in resolutions

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January 8, 2024

Subject: They’re going going, back back, to Boise Boise

Welcome back, dear readers, to what will almost surely be a wild election year legislative session.

If you’re a returning subscriber, thank you. If you’re new here, thank you as well. We hope you’ll stick around.

Why is this session poised to be so contentious? I’m glad you asked (hopefully). Tensions among Republicans have continued to grow since last spring after far-right groups launched a campaign to replace politicians they find to be too moderate. Friends at the capitol may be harder to find this year.

Rule changes at the state party level have led to local investigations against multiple sitting elected officials as well, as we’ve seen in eastern Idaho.

Legislative leaders have already said we’ll see a sort of repeat of last year in terms of what types of bills will be brought up, which we’ll get into later in this newsletter.

All the while, each of the 105 legislative seats will be up for grabs this year. Some already know who their opponents will be — several contests will be rematches from two years ago.

With that said, expect even more fireworks and punchy debates than usual for the next few months.

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Abortion, School Funding, 'Library Porn' Expected To Resurface At Idaho Capitol

Will new exceptions to Idaho’s strict abortion laws be adopted? Will the few existing exceptions be removed? Each are priorities for both sides of the issue this legislative session.

So-called obscene materials in libraries and how they should be regulated — if at all — is a topic also expected to return.

Fights over whether taxpayer money should pay for private school tuition or whether a popular new grant program for graduating high school seniors should continue will also feature prominently this year.

We’ve got your recap of last Thursday’s legislative preview.

If you prefer a more in-depth look in audio form, you can check out my conversation with Idaho Matters host Gemma Gaudette here.

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SONG OF THE WEEK

The very first lyric of this particular song rings true — not just for me personally, but also for what we’re expecting from this particular legislative session.

So this is the new year

And I don’t feel any different

Astute observers will know these lines belong to Pacific Northwest indie rock darlings Death Cab for Cutie from their 2003 song “The New Year.

So this is the new year

And I have no resolutions

Yep, check that box, aside from hoping to keep you entertained, dear reader.

If that’s too on the nose for you, let’s move away from topical and just have a little fun.

I’ve been recently obsessing over the deliciously distorted guitar fuzz and pure frontman swag packaged in Van Halen. Diamond David Lee Roth’s electric voice punches you in the face — in a good way. Rest In Peace to the virtuosic Eddie, of course.

Before we head for the legislative trenches, let yourself “Dance the Night Away.” A full can of Aqua Net will be required.

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Other notable stories from this past week:

Supreme Court allows Idaho abortion ban to be enacted, first such ruling since Dobbs

Significant changes coming to how legislators on JFAC set state budgets in Idaho

Idaho among several states that received nonspecific state Capitol bomb threats