Taxes, Preserving Elections, and Lethal Injection

March 19, 2022 

"There is no such thing as a vote that doesn't matter."

--Barack Obama

Some committees have started winding down and the Senate is spending long hours on the floor as we work towards ending this session.

VOTING

This session has seen many bills attempting to suppress Idahoans' vote. Last Friday the Senate State Affairs Committee rejected two of these bills: S1375 which would have implemented complicated new voter id requirements to the detriment of members of the military, students, and others; and S1376 which would have limited the absentee ballot process.

Making changes to election laws requires careful work, both because voting is a fundamental right and because the technical consequences to the process need to be thoroughly understood. During the hearing on these bills, majority leadership mentioned the possibility of an interim committee on election issues.

TAXES

At the beginning of the session, the majority passed an income tax cut and rebate that primarily benefits the wealthy. As predicted, this purposely stopped any meaningful grocery or property tax relief.

Despite bills calling for the complete repeal of the 6% sales tax on groceries in Idaho, all the legislature has done is pass a $20 increase in the grocery tax credit. Taxpayers have to first pay this money into the State and then wait for their refund after they file their income tax returns. This dollar amount is trivial in the face of increased grocery prices.

The House and Senate passed H550, which gives cites the option of providing property tax rebates to homeowners who qualify. This does not directly provide any property tax relief. H564 allows a process for county assessors to ensure that owners can only claim one homeowner's exemption, which improves fairness. Many other ideas that would have provided substantial property tax relief to Idahoans were not even given hearings.

EDUCATION

Both the House and the Senate have passed S1290 which establishes a rural educator incentive program. The funds can be used for loan repayments or the pursuit of further education. As rural schools in Idaho continue to face difficulties recruiting and retaining teachers, this is a strong step forward in supporting rural educators and students.

The Governor vetoed H533 which authorized school administrators to receive the Master Educator premiums they had earned. This bill passed both houses with wide, bi-partisan support and a veto over-ride may be considered.

S1319, which allows for the purchase of low and no-emissions school buses using federal funds, passed both houses and has gone to the Governor.

UPDATES ON OTHER BILLS

H658 passed the Senate on Friday on a 21-14 vote, and having previously passed the House. This bill makes many parts of execution by lethal injection secret from the public, the press, and the courts.

I opposed this bill because it raises serous questions of violations of the Eight Amendment, the First Amendment, and Fourteenth Amendment due process concerns. Our courts have a duty to ensure that Idaho executions do not violate the Eighth Amendment's prohibition on cruel and unusual punishment. No judge will let the legislature hide details of executions behind a veil of secrecy. We should make every effort to protect all constitutional rights and to not pass legislation that is almost certain to bring court challenges, costly litigation, and likely adverse judicial rulings.

My bill, S1353, to ensure that caregivers can visit residents and patients in hospitals, nursing homes, and other facilities has passed both houses. It now goes to the Governor.

I also co-sponsored S1330a, which creates a structure to voluntarily license and regulate licensed naturopathic doctors. Note that this legislation does not mandate licensure for any individual. It creates the Idaho Board of Naturopathic Health Care and it creates a method of registration for any practicing naturopath who wishes to be registered, but not licensed. This legislation has passed both houses and now goes to the Governor.

H742 has passed both the House and the Senate to provide emergency funds for housing. It is an appropriations bill that includes $38 million for emergency rental assistance and $14.4 million in homeowner assistance from federal dollars.

S1240 passed both the Senate and the House unanimously. It provides a mechanism to modify racially restrictive covenants in deeds. Although these restrictions have not been enforceable for many years, they do still appear in documents for thousands of homes in Idaho.

Unfortunately, S1260, which would have provided that insurance companies must cover six months worth of birth control at a time, has failed the House.

Respectfully,

Michelle