Rep. Steve Berch Newsletter
Toto, I have a feeling we're not in Idaho anymore
 We’re two months into the session and I’m not sure where we are. Budgets are still the biggest, still-to-be-decided issue facing the Idaho legislature as we follow the yellow brick road toward the end of the 2026 legislative session. One budget bill has made its way to the Governor’s desk: a bill that reduces the funding of state services by $192.7 million this year (S1331, discussed below). We are told that some money might be added back via future “enhancement” budget bills.
I’m not holding my breath.
In the meantime, we’ve been voting on an increasing number of bills covering a wider range of topics now that they are moving through committees and onto the House floor. As we vote on these bills, most legislators are hoping for a quick end to the session and are saying to themselves, “There’s no place like home.”
NOTE: You can look up any bill introduced since 1998 by CLICKING HERE.
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The primary election on May 19th is on the minds of many legislators. Incumbents will only have about six weeks to campaign. Many majority party incumbents expect to be attacked by well-funded outside organizations. This motivates them to vote in favor of legislation they know to be either flawed, bad, or even harmful in order to prevent their voting record from being used against them.
As one legislator said to me after I asked why they voted in favor of a really bad bill: “You know who’s running against me in May, right? Do you want that person sitting in my chair next year?” Fortunately, his vote was not the deciding vote. Unfortunately, too many votes like that collectively become the deciding vote.
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A growing influence in Idaho politics is the infusion of religious and ideological beliefs into the legislation process. Below are just a few examples introduced over the last few years. This list would be several pages longer if all the bills targeting the LGBT community, library books, DEI, immigration, masks, vaccines, and reproductive rights were also included.
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While the legislature spends its time on bills like the ones above, the real issues that have a profound impact on the daily lives of Idahoans are largely ignored (or made worse): affordability, education, housing, property taxes, healthcare (especially mental health and in-home care services), infrastructure, access to public lands, and so on. The impending budget cuts will only make things worse.
This is why the 2026 General Election is so important. The filing period for running for office ended on February 27th. Nearly every Idaho voter will now have a choice of legislative candidates on their November ballot. It is an opportunity for voters to find out which candidate truly represents their best interests and if they’d like to see a change in the legislature’s priorities.
Elections matter – especially this November.
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In the movie, The Wizard of Oz, Dorothy starts in a stark black-and-white world, gets tossed around in a tornado, and wakes up in a dazzling colorful world.
In the movie we’re living in right now, Idaho Politics in the 21st Century, we started in a welcoming, diverse “live-and-let-live” world, got sucked up into an extremist ideological tornado, and are now waking up in a stark black-and-white world.
It’s going to take more than clicking your heels three times and chanting “There’s no place like home” to make things better. It’s going to require electing legislators who care about all their constituents, not just those who live in a narrow ideological echo chamber.
Immigrants, Bathrooms, and Flags (Oh my!)
Require employers to verify the citizenship status of all their employees (H704 – passed the House, in the Senate). This bill requires the tens of thousands of employers in Idaho to use the federal e-Verify system to confirm the legal status of every one of their employees as a condition of employment. It empowers the Attorney General to prosecute any employer who doesn't enforce the requirements of this bill. Furthermore, it encourages any resident of Idaho to ask the Attorney General to prosecute anyone they think is in violation. Penalties can include permanently shutting down a company from doing business in Idaho (and thus throwing workers out on the street). I VOTED AGAINST this bill. I support using a reliable system to verify a person’s citizenship status, but that is the job of the federal government – not the state. We should not put that burden on every business in Idaho.
Criminalize employing someone who is not lawfully present in Idaho (H700 – passed the House, in the Senate). The provisions made criminal in this bill are already made criminal by federal law. This bill turns anyone (business owners and individual citizens) into criminals who employ anyone who works for them, even if they are unaware that the person they hired is not in Idaho legally. I VOTED AGAINST this mean-spirited bill which takes the fear, hate, and anger aimed at undocumented workers to an irrational, vindictive, and illegal level.
Participate with federal immigration and customs enforcement (ICE) (H659 – passed the House, in the Senate). This bill requires all local and county law enforcement agencies in Idaho to apply for a memorandum of agreement with U.S. Immigration and Customs Enforcement (ICE). It specifically states that Idaho law enforcement agencies “shall participate in all future programs or successor to an existing program.” I VOTED AGAINST this bill for several reasons:
- The bill is unnecessary – Idaho is already cooperating with ICE.
- The fiscal note falsely claims there is no cost, but Idaho sheriffs made a compelling argument that not all of their costs would be reimbursed, such as back-filling staff that had to leave the state as part of program participation.
- The commitment to participate in “all future programs” is like writing a blank check. There is no telling what the Trump administration will require Idaho to do as part of a future program.
- The bill has language that allows the law enforcement agency to explain why they can’t participate in a program, but there is no guarantee that the Trump administration will accept their explanation.
- The only discernable motive for this bill (in combination with H700 and H704) is to ensure that Idaho expels every single undocumented or undesirable person from the state, regardless of the cost, consequences, or legality.
Anti-trans bathroom bill (H607 – passed the House, in the Senate). This bill requires that government building restrooms and changing facilities must be separated on the basis of biological sex and that individuals shall make use of the facility which aligns with their biological sex. This bill also empowers anyone to file a civil lawsuit for $10,000 if they suspect there is a violation, along with additional compensation for “psychological, emotional and physical harm.” I VOTED AGAINST this hopelessly flawed and unworkable bill whose ulterior motive is to target transgendered individuals. It attempts to solve a problem born out of fear and hate, not fact. In the meantime, taxpayers wind up paying to bring every bathroom in every public building in compliance. It invites opportunistic lawsuits, and it turns citizens and government employees into the gender police.
Anti-rainbow flag bill (H561 – passed the House, in the Senate). You know a bill is bad when it tries to ban everything, but its real purpose is to ban only one thing. That’s the case with this bill – an attempt to ban a city from flying a rainbow flag by prohibiting the flying of any flag except just a few the legislature approves of. The problem is that there is a myriad of popular flags that cities like to fly that get banned as well. I VOTED AGAINST this contorted bill. It has had to be amended each time a popular flag is identified as now being banned. This year, the change is being made to allow the City of Boise to fly a Basque flag and for other cities to put high school graduation banners on their street lampposts. The mean-spiritedness of this bill can also be found in the penalty it imposes: $2,000 per flag for each day such flag is displayed.
Education
Mandate one minute of silence in public school classrooms (H623 – passed the House, in the Senate). This bill requires public school teachers to enforce a moment of silence for students for a minimum of one minute to “reflect, meditate, pray, or engage in any other silent activity.” The ulterior motive of this bill is to eventually require prayer in public schools – and not just for one minute. The bill mandates at least one minute. I VOTED AGAINST this sneaky bill that requires every school teacher to force every student from ages 5 to 18 to maintain a full minute of silence EVERY DAY of every school year until they graduate. Teachers already face enough challenges. They don't need this extra burden – especially when not a single constituent has ever asked for this during my 16 years of knocking on doors. CLICK HERE to see my debate against this bill.
Report possible criminal behavior by a teacher to law enforcement (H635 – passed the House, in the Senate). This legislation requires reporting any filed complaints against a teacher that contain behavior that may be criminal to law enforcement. This bill sounds reasonable, but it contains a poison pill – specifically, the phrase “may be criminal.” The word “may” could trigger an investigation based on imagined suspicion without evidence. More concerning is the word “criminal.” A future bill could turn an innocent, legal activity today into a crime – such as displaying a sign that says “Everyone is Welcome Here,” or perhaps teaching a child in a class who is undocumented. I VOTED AGAINST this bill which can be used to intimidate teachers with the threat of investigation by law enforcement, facilitated by turning innocent activities today into crimes tomorrow.
Eliminate parental choice in regard to sex education (H516 – passed the House, in the Senate). Currently, parents have the choice to opt-in their child to sex education classes that contain curriculum pertaining to sexual orientation and gender identity that are determined to be age and developmentally appropriate. This bill takes that choice away from parents – after having passed a bill last year that gave them that choice. I VOTED AGAINST this bill which violates parental rights and furthers the goal of extremist legislators who want to eliminate sex education altogether.
Alternative way to become a school principal or superintendent (H711 – passed the House, in the Senate). This bill creates an alternate pathway for someone to become a school principal or superintendent. I VOTED AGAINST this bill which lowers the standards for being hired into those positions. It is insulting to those who put the time and effort to earn the academic and experience credentials to hold those positions today. Lowering the qualifications for a position to increase the number of potential applicants is not the way to solve a labor shortage problem.
Repeal compulsory attendance at public schools (HJR9 – failed on the House floor). It’s hard to believe, but this bill was written by the Chairman of the House Education committee who I am told home schools five of his children. This bill would also prohibit establishing any government regulations for schooling outside the public school system. That is a gift to private and religious schools who are now being subsidized in part by taxpayer revenue but would never have to be accountable to any future state regulation. I VOTED AGAINST this bill which is completely unnecessary since the state constitution already allows for parents to choose other methods of educating their children, including home schooling. This bill failed even though a majority of the votes were in favor of this bill (44-25-1). Since this bill was a proposed amendment to the state constitution, it required a two-thirds majority (47 votes) to pass.
Business
Protect employee sick leave (H641 – failed on the House floor). This bill protects an employee’s legitimate use of company offered sick leave for injury or illness. It prevents a company from counting sick leave taken as an absence that may lead to, or result in, discipline or any other adverse employment action. I VOTED FOR this fair, common sense bill that failed by a large margin (24-46). It is disheartening to think that 46 Representatives thought it was okay for an employer to punish an employee for using the sick leave they were given.
“Portable” health insurance (H645 – passed the House, in the Senate). This bill allows a worker to have their health insurance be tied to them, rather than their employer – thus making their medical coverage “portable.” The problem with this good-sounding bill is that there are no safeguards for reclassifying a job position from full-time to part-time contract work. The benefit of portability can be significantly outweighed by the loss of all the benefits that a full-time employee receives. This bill may be beneficial for those who want to be contract workers. However, I VOTED AGAINST this bill due to incentive it can provide some employers to lower their costs by converting full-time jobs into less expensive contract labor positions.
Healthcare
Provide death benefits to surviving spouses of public safety officers (H642 – passed the House, in the Senate). This bill establishes consistent catastrophic benefits for public safety officers who are either killed or severely injured in the line of duty. It provides a surviving spouse with an ongoing annual pension of at least $75,000 and a one-time $500,000 pension payment. The cost of this benefit is funded solely through public safety officer pension contributions rate – not by employers or taxpayers. I VOTED FOR this important bill that provides peace of mind for those who place themselves in harm’s way every day for their fellow citizens.
Increase oversight of children’s residential care facilities (H723 – passed the House, in the Senate). This bill strengthens provisions regarding individualized service planning and documentation requirements for residential care facilities. It is a good response to a 2025 report by the Office of Performance Evaluations (OPE) highlighting deficiencies and concerns. I VOTED FOR this bill which helps address a situation in need of improvement. CLICK HERE to read the OPE report.
Local Government
Filling vacancies on a cemetery maintenance district board of directors (H658 – passed the House, in the Senate). I wrote this bill to solve a problem when all the members of the Joplin cemetery maintenance district resigned. This bill enables county commissioners to appoint people to fill vacancies until a quorum of board members is seated. I obviously VOTED FOR this bill.
Allow city council members to participate in hiring and firing a library director (H715 – passed the House, in the Senate). This bill prevents a library board from hiring or terminating a library director without the approval of a majority of the members of the city council. This creates two sets of bosses for the library director: the library board and the city council. I VOTED AGAINST this unnecessary bill which runs the risk of unduly injecting politics into the running of a library. City councils already play a key role in appointing the members of a library board, who in turn hire and oversee the library director.
Require cities to pay impact fees (H626 – passed the House, in the Senate). This bill requires that impact fees for a county courthouse or county jail shall be collected from all cities within the county. It is in response to a situation where one city within a county refused to pay its impact fees for a new county courthouse, even though the citizens of that city would be using the courthouse. I VOTED FOR this bill which ensures that all local governments pay their fair share for the county assets they use.
Transportation
Allow parents to teach a child how to drive on any road in Idaho (H628 – passed the House, in the Senate). This bill is an accident waiting to happen. It doesn’t require the car to be equipped with dual brakes (to enable an immediate stop), and signage is not required to warn surrounding motorists that they are driving next to a teenage student. This is a huge concern for my district, which is bordered by Eagle Road (Hwy55), Chinden Blvd (US20), and I84 - three of the most dangerous, congested roads in Idaho. I VOTED AGAINST this bill which does not require the parent-instructor to follow the same basic, standard safety measures that a trained driving instructor must adhere to – especially when driving on some of the deadliest roads in Idaho. CLICK HERE to see my debate against this bill.
Allow trucks to travel 80 MPH on Idaho interstate highways (H664 – passed the House, in the Senate). This bill eliminates differential speed limits on state highways, allowing trucks to travel as fast as passenger vehicles. Imagine a truck pulling three trailers traveling 80 MPH on a section of interstate subject to high winds – or trucks and cars trying to pass each other at that speed (or higher). Several trucking interests testified against this bill, pointing out several safety concerns, including driving on tires that are not built for such high speeds. I VOTED AGAINST this bill which presents a clear safety hazard for all motorists.
End automatic replacement of license plates (H577 – passed the House, in the Senate). Currently, Idaho license plates automatically expire after 10 years, after which they are replaced by a new one. This bill allows the holder to retain the plate for as long as they like, as long as it is legible from a distance of 75 feet during daylight. If not, the owner needs to make arrangements to have the license plate replaced. I don’t have a problem with this as a standalone bill. However, the House previously passed a bill (H533) that also eliminates annual license renewal stickers that owners must place on their plate (I voted for that bill). I VOTED AGAINST this bill because the combined impact of this bill, along with the “no sticker” bill, can make it too difficult to determine if a car is legally registered solely by observing the license plate (which could be problematic for law enforcement).
Eliminate driver’s license as a proof of having a social security number (H532 – passed the House, in the Senate). Current law allows a driver’s license to be used as proof of having a social security number when registering a vehicle. This bill eliminates use of a driver’s license for that purpose. The bill further requires the vehicle owner present written documentation that no social security number has been issued. How do you present a document that proves you don’t have something?! The sponsor of the bill claims that there is language elsewhere that mitigates my concern, but I could not find convincing evidence of that claim. I VOTED AGAINST this bill out of precaution that my concern could be valid. If I was convinced otherwise, I would have voted for this bill.
Provide proof of vehicle registration in electronic format (H629 – passed the House, in the Senate). Current law only allows a driver to show proof of a vehicle’s registration via a paper card. This legislation will allow an electronic format of a vehicle registration to be used in place of a paper card. I VOTED FOR this bill which provides a driver more ways to comply with a request by law enforcement to show proof of vehicle registration.
Other
Budget cuts/recission (S1331 – passed the House and Senate, to the Governor). This 49-page bill reduces FY’2026 appropriations by a total of $192,656,600. I VOTED AGAINST this unnecessary cut to state services when there is $1.6 billion sitting in a rainy-day fund. If we used some of that money, we wouldn’t have to make any of these cuts to state services and we’d still have over $1.4 billion in the bank. Alternatively, we could also leave the rainy-day fund alone and simply pause last year’s $240 million tax cut (H40) for just one year and have an additional $240 million for budgetary needs. It is becoming increasing clear that majority party leadership is deliberately starving the state of revenue to justify “making government smaller” (and therefore less functional) through forced budget cuts.
Protect state employees ability to communicate with the legislature (H632 – passed the House, in the Senate). I was appalled to learn that the governor recently pressured all state employees to not speak with members of the legislature, especially if the inquiry had anything to do with the impact of proposed budget cuts. I VOTED FOR this bill which protects state employees, their right of free speech, and helps ensure government transparency.
Use taxpayer dollars to hire outside attorneys (H498 – passed the House, in the Senate). This bill allows the Speaker of the House and Senate ProTem to unilaterally spend millions of taxpayer dollars to hire private attorneys to file lawsuits against the federal government. This bill is particularly galling as the legislature votes to reduce state services via budget cuts – yet somehow, we have the money to pay for this nonsense. I VOTED AGAINST this outrageous abuse of power and taxpayer dollars. Taxpayers are already paying for the state Attorney General and his staff to represent Idaho in the courts. The Attorney General should be required to do the job he is being paid to do. You should not have to pay for the legislature’s lack of confidence in his abilities.
Limit accommodating union activity (H745 – passed the House, in the Senate). This anti-union bill eliminates some of the abilities unions have to collect dues and engage in activities in the workplace. It applies to all public sector unions (police, fire, and teachers). But then it exempts police and fire unions from the limitations – making its sole purpose to hurt teachers. I VOTED AGAINST this disingenuous bill that makes the phony excuse of saving taxpayer dollars. The bill was particularly underhanded by including police and fire unions so the sponsor could shop for a friendly committee and then exclude them to avoid upsetting the police and firefighters. The irony is that in Idaho, the majority of union members (including teachers) are Republicans.
Increased penalty for wearing a mask while committing a crime (H685 – passed the House, in the Senate). This bill imposes an enhanced penalty when a person commits, or attempts to commit, a felony crime, or certain misdemeanor crimes, while wearing a mask or other device to cover their face. Under normal circumstances, I would support a bill like this. However, the bill exempts law enforcement. This is a problem when several law enforcement agencies (especially ICE) are wearing masks to conceal their identity while committing acts that are questionable, if not outright illegal and even criminal. I VOTED AGAINST this bill only because of the current situation communities are experiencing with masked law enforcement here in Idaho (and elsewhere).
Declare hunting as Idaho’s state sport (H652 – passed the House, in the Senate). I VOTED FOR this bill, but only after confirming that Idaho can declare more than one sport to be the state sport.
Rules to statute (H494, H502, H630, H631 – passed the House, in the Senate). These bills continue a trend from last year that facilitates the legislature taking over the responsibilities of the executive branch. By moving rules into statute, the legislature essentially diminishes the ability of state departments and agencies to work with stakeholder organizations (public and private) to determine how to implement the policies created by the laws written by the legislature. In short, legislative leaders are seeking to increase their control over the executive branch. I VOTED AGAINST these bills, even if the Governor doesn’t seem to care about protecting his own agencies when he signs bills like this into law.
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H537 – Allow anyone to make public comments at any public meeting regardless of what is on the agenda.
H574 – Remove all immunization requirements for all children entering public school.
H606, H607 – Restrictions on the use of public restrooms.
H747 – Individual opt-out of mosquito abatement district treatments.
H800 – Manufactured homes in residential neighborhoods.
H819 – Redefines what is sexually explicit and prevent such materials to be in school libraries.
H820 – Tax exemptions for data centers.
H840 – Defund the Commission for Hispanic Affairs.
H845 – Changes to Medicaid Expansion.
S1227 – Address use of AI in public education.
S1239 – Extend existing sex offender residency restrictions.
S1271 – Rat abatement (I co-wrote this bill).
S1290 – Create a “social path” for homeschool students to attend public school events.
S1349 – Provide legal protection for fully automatic weapons within the state of Idaho.
S1356 – Change the way highway district commissioners are elected.
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