Rep. Steve Berch Newsletter
The terrible, horrible, no good, very bad bills
 The title of this newsletter (with apologies to author Judith Viorst) may sound familiar to those of you who read books to your children or grandchildren: Alexander and the terrible, horrible, no good, very bad day. At this stage of the legislative session, each day seems like a cross between that book and the movie Groundhog Day.
This newsletter covers selected bills through March 20th. My next newsletter will cover the remaining bills of the session, which is tentatively scheduled to end on April 1 (April Fool’s Day!). This will be followed by a detailed 2026 legislative session newsletter later in April.
NOTE: You can look up any bill introduced since 1998 by CLICKING HERE.
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Just when you think some legislation couldn’t sink any lower, some truly awful bills show up. This newsletter starts with a focus on two of them. One bill displays an obsessive level of intolerance and intimidation (H822). The other reveals a ruthless abuse of power (H896).
Legislation like this often drives people away from pursuing elective office. For me, it motivates me to continue standing up to the extremists, fanatics, and bullies who are intent on making Idaho a place that is Not Too Great for Hate. |
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The legislature refused to approve this specialty license plate above, but eagerly approved plates with images displayed on flags carried during the January 6, 2021 Capitol riot (“Don’t treat on me” and “An appeal to heaven”).
Below is a more detailed description of each of the two bills:
The PEDIATRIC SECRETIVE TRANSITIONS PARENTAL RIGHTS ACT (H822 – passed the House, in the Senate). The mere title of this bill – a hodge-podge of political and social hot-button buzzwords – tells you it is bad news. It is the latest in a series of anti-trans bills that turns every doctor, nurse, behavioral or mental health provider, babysitter and other childcare providers, as well as every public and private school teacher into a gender-compliance watchdog. They must report to parents anything that their child does that doesn’t conform to what the legislature considers to be proper appearance and behavior for a girl or a boy under the age of 18, unless they otherwise have the parent’s written permission. For example, they must report within 72-hours if the child or teenager:
- likes to be called by a name associated with the opposite gender (e.g. Mel instead of Melanie)
- dresses or adorns themselves differently (e.g. a girl wearing boyish clothes; a boy with painted fingernails)
- has the “wrong” hairstyle (e.g. a girl with very short hair; a boy with very long hair)
- uses a bathroom or locker room designated for the opposite sex (e.g. a girls’ sports team that for some reason must use the boy’s locker/changing room before a game)
- indicates to a therapist that they may suffer from gender dysphoria and fear for their safety if their parents found out – thus denying the child who may have suicidal thoughts from receiving safe, confidential assistance.
It gets worse. This bill empowers the Idaho Attorney General (Raul Labrador) to investigate any allegation of violation specified in this bill – with no penalty for anyone making a false accusation. And . . . Raul Labrador can seek a monetary reward of up to $100,000. He can also pursue further punishment by encouraging the institution or its members (doctors, teachers, etc.) to have their license to practice medicine or teach in Idaho revoked. Idaho already has a shortage of healthcare workers and educators. What doctor, nurse, therapist, or teacher would want to come to Idaho (or stay here) given this level of legislative hostility toward their profession?
I was absent when this bill came up for a vote on the House floor, but I would have VOTED AGAINST this bill which puts the legislature’s hatred of transgendered individuals on full display. The blatant intimidation and punishment for those who don’t follow the moral dictates of 36 representatives, 18 senators, and one governor is more appropriate for a police state.
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COMPLY WITH THE LAW – OR ELSE! (H896 – passed the House, in the Senate). This might as well be called the “We’ll show Boise who’s boss!” bill. Here’s the back story: The City of Boise flew a rainbow flag in front of City Hall for many years without incident – until extremists in the legislature decided to make their bigotry against the LGBT community a state policy. They passed a bill in 2025 (H96) whose real motive was to specifically ban any government entity from flying a rainbow flag. They couldn’t explicitly do that; it would be an unconstitutional violation of free speech. Instead, they masked that intent by writing a law that specified a short list of flags that could be flown on any government property. One of the “acceptable” flags listed was an official city flag. The City of Boise recognized a flaw in the contorted language of the poorly worded law and officially designated multiple flags as official city flags, which included a rainbow flag.
How dare the Democratic-led City of Boise beat the Republican-controlled legislature at its own game!
Enter H896 – a vindictive, retaliatory piece of legislation that lets three people: the governor, the leader of the Senate (the Pro Tem), or the leader of the House (the Speaker) – the most powerful Republicans in the state – tell the Attorney General (also a Republican) to investigate and take action against any elected public official who they think may have potentially violated a law. The bill lets them go after anyone, but the target of their retaliation is clear: the Democratic mayor of Boise. |
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The punishment in this bill is perhaps the most obnoxious, offensive abuse of power ever written in a piece of Idaho legislation. The bill empowers Raul Labrador to seek to disqualify the mayor of Boise (or anyone else targeted) from holding public office for five years! I VOTED AGAINST this bill that reveals a disturbing ruthless manipulation of the legislative process – all because of a flag that flew for years in front of Boise City Hall that powerful people suddenly decided one day was unacceptable for the public to see displayed in front of a municipal building.
Did I mention that the bill excludes legislators from being prosecuted by this law?
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My “Rat” bill
Abate a growing infestation of invasive rats (S1271 – passed the Senate, failed on the House floor). I co-wrote this bill with Sen. Tammy Nichols (R-Middleton), and I obviously VOTED FOR it. The purpose of this bill was to take the first step to abate a growing infestation of invasive, non-indigenous Norway and Roof rats. Without a coordinated abatement effort, these rats will cause tens of millions of dollars in property damage, agricultural loss, and present a serious threat to public health and safety by spreading deadly diseases (hantavirus, plague, etc.). In addition, homeowners can expect to spend thousands of dollars to rid their homes of rats that invade their attic, crawl space, backyards and kitchen pantries – and have to do so multiple times if the threat is not abated.
The final version of the bill simply called for the Department of Agriculture to work with local government entities to collect data that monitored the location and spread of the rats (along with educating the public). They would then report their findings to the legislature in 2027 and recommend an abatement plan based on the data. No money would be allocated toward implementing an abatement plan until then (and only if necessary). This bill failed for three reasons:
- The Idaho Pest Management Association fought this bill. They were concerned that government involvement would somehow take business away from them. This is a ridiculous argument. Any abatement plan would likely require contracting with the industry since they have the expertise in dealing with rats that the state and local governments lack. In addition, actively raising public awareness would create more business for them from homeowners.
- Fear that this would “grow government.” Several legislators in the House argued that this is just a local issue and involving the Department of Agriculture would be expanding government. This argument is both absurd and short-sighted. The Department of Agriculture is already chartered to help abate invasive species. The infestation has already arrived in Ada and Canyon County and will spread into adjoining ones, especially via waterways (these rats are good swimmers and reproduce at an alarming rate). Waiting for the problem to show up in your county shows an alarming lack of foresight.
- “No” votes by several Ada and Canyon County representatives. This bill failed in the House by a vote of 32-38. This bill would have passed if only 4 of the 13 legislators representing Ada and Canyon counties voted for the bill instead of against it (click here to see how your legislators voted).
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Budget bills
The best way to describe the rigged process by which the legislature now creates budget bills is like cutting off five of your fingers and then reattaching two of them. It’s a two-step process: a “maintenance” budget, followed by the promise of an “enhancement” budget. Most of the maintenance budgets fail to meet the basic needs of a fast-growing state with an aging infrastructure while inflation is on the rise. The problem is that once a maintenance budget becomes law, the legislature’s only constitutional responsibility – to pass a budget – is met and there is no obligation to pass a follow-on enhancement budget. The enhancement budgets rarely add back enough money to avoid underfunding a department or agency. The result will be net cuts to education, healthcare, transportation, and a long list of other vital services that people depend on. The only budget that for sure isn’t being cut is the $50 million going to private and religious schools every year.
The state’s current budget “crisis” has been deliberately manufactured by majority party leaders to force budget cuts by first eliminating billions of dollars in revenue – no matter who gets hurt in the process. In the meantime, these same leaders are leaving over $1.6 billion in a rainy-day fund untouched. If just $200 million was made available to keep vital budgets whole, that would still leave over $1.4 billion in the fund for a “rainy day.”
I VOTED AGAINST every maintenance budget (S1314, S1332, S1361, S1363, S1373, H847, H848, H863, H866, H867, H876 - all of which have been signed into law), but I will VOTE FOR the enhancement budget bills even though most of them are inadequate – only because those are the only budget cards the majority party will deal to us.
Healthcare
Allow city employees to participate in the state’s employee health insurance plan (H725 – failed on the House floor). A few years ago, the legislature gave school districts the option to have their employees enroll in the state’s health insurance program. This bill would have extended that option to all employees of cities throughout Idaho, with each city voluntarily deciding if they wanted to participate or not. I VOTED FOR this bill which would have provided a sound alternative for cities to consider. It could also help mitigate the cost for current state plan participants due to the economies of scale resulting from increasing the number of participants.
Require enhanced coverage for anti-cancer medications (H648 – passed the House and Senate, to the Governor). This bill requires healthcare plans to allow cancer patients the option to take prescribed oral anti-cancer medications as an alternative to being treated by infusion. I VOTED FOR this bill which will ease the burden of cancer patients who are currently forced to travel to a health care location to receive an infusion, especially for those patients who live in more remote areas.
Parental rights in medical decisions (H860 – passed the House and Senate, to the Governor). This bill updates the law that was passed in 2024 (S1329). That law required parental consent for nearly every type of medical care for minors under 18. The real intent of the 2024 law was to prevent any conversation about gender dysphoria with a minor. However, it was so broadly written to mask that intent that it prohibited addressing many other types of unrelated medical and behavioral issues. Those issues included a young person’s access to a suicide hotline, non-emergency first aid, medical exams related to crimes against the child (e.g. administering a rape kit), and pregnancy care when the mother is a minor. I VOTED FOR this bill which made a bad law less bad.
Safety checks for children under one year old (H776 – passed the House, in the Senate). This bill directs the Department of Health and Welfare to investigate within 12 hours any report regarding a caretaker of a newborn who has one of the several risk factors. Those factors include the parent or guardian:
- appears in the department's child protection registry
- has been convicted of injury to a child
- had their parental rights terminated
- had a child that was born with neonatal abstinence syndrome.
I VOTED FOR this bill which provides reasonable and important protection for a potentially at-risk infant or child.
Grant military chaplains a Professional Counselor License (H545 – passed the House, in the Senate). This bill would give a military chaplain the license to act as a professional therapist, including mental health counselling. Military chaplains play an important, skilled role in assisting individuals struggling with emotional traumas and other personal issues. However, the academic and clinical requirements for becoming a professional therapist and counselor are different than those required to become a military chaplain. It is valuable to provide spiritual and emotional comfort to an aggrieved individual. However, it requires a very different skillset to know how to diagnose an individual’s mental state and determine the proper course of treatment. I VOTED AGAINST this feel-good bill that unfortunately lowers the requirements and experience to be a professional counselor.
Business
Property tax exemption for low-income housing projects (H760 – passed the House, failed in the Senate). This bill would have provided a property tax exemption for qualified workforce and affordable housing developments. Non-profit organizations can partner with for-profit entities on affordable housing developments without negatively impacting local property taxpayers. It also provides counties with the ability to "opt-out" of the exemption on a per-development basis. While I usually vote against tax exemptions (especially given the state’s current self-inflicted revenue crisis), I VOTED FOR this bill which appears to be a reasonable attempt to help address Idaho’s affordable housing crisis.
Consumer protection for veterans’ benefits (S1286 – signed into law). The complex nature of applying for veteran benefits has spawned an assistance service industry, where some bad actors engage in deceptive or predatory practices. This bill establishes uniform definitions, disclosure requirements, and conduct standards for non-accredited individuals or entities offering paid claims preparation services. Upfront fees are prohibited, compensation must be contingent on a successful outcome, and fees are limited to a reasonable, one-time amount. In addition, the bill requires disclosure of free assistance options, written consent from the veteran, and protection of personal, financial, and health information. I VOTED FOR this bill that helps protect our veterans from financial abuse by disreputable third-parties.
Give preference to certain shareholders in the event of a financial disaster (H702 – passed the House, failed in the Senate). This bill sought to “fix” a non-existent problem when a decades-old federal law technically changed the term “ownership” for certain financial instruments to “entitlement holder.” This was done in the aftermath of the Great Recession when several financial institutions became insolvent. One goal of this bill was to grant certain entities and individuals full recovery of distributed assets of a failed financial institution while others would get nothing in the event of a financial Armageddon event. I VOTED AGAINST this hard-to-understand bill that is promoted by Glen Beck and others as countering what they consider to be a Wall Street conspiracy.
Education
Disciplining students for inappropriate online behavior (H785 – passed the House and Senate, to the Governor). This bill prescribes a process for school districts and charter schools to discipline students who use social media to bully, threaten, demean, or intimidate teachers and other students. I VOTED FOR this bill which takes an important first step in addressing a growing problem in K-12 schools.
Address use of artificial intelligence (AI) in public schools (S1227 – signed into law). This bill develops a statewide framework for use of AI in K-12 education. It focuses on safety, transparency, accessibility, and human oversight. It is intended to be a guide for local decision-making. The goal is to help schools use AI to prepare students for the future while protecting privacy and keeping teachers central to the learning process. In addition, the bill calls for the development of AI literacy guidance, educator professional development, and parent resources. I VOTED FOR this important bill that recognizes the need to address the use and impact of a rapidly evolving technology.
Require daily recess for kindergarten through 5th grade (H915 – passed the House, in the Senate). I opposed an earlier version of this bill which would prohibit a teacher from withholding recess for any student under any circumstance, which would take away a useful disciplinary tool for dealing with disruptive behavior in the classroom. I VOTED FOR this bill, but with some reservation. I am not thrilled with the legislature micro-managing daily school activities. I believe decisions like this are ultimately best left to the State Department of Education and local school districts.
Transportation
Require driving in the right-hand lane on a multi-lane highway (S1340 – passed the Senate, failed on the House floor). This bill would have made it illegal to drive in the left-hand lane of a multi-lane highway except when preparing for a left turn at an intersection, overtaking to pass another vehicle, or when right-hand lanes are obstructed by vehicles traveling at less than the speed of traffic. It would have also made it illegal to drive slower than a vehicle in the right-hand lane. Violators would be subject to a $75 fine. I VOTED AGAINST this grumpy bill which sounds like some legislators got annoyed during their commute to and from the Capitol along I-84 and thought “there ought to be a law . . .”
Improve bicycle and pedestrian pathways (H508 – passed the House, in the Senate). This bill would allow federal funds or grants to be used to improve bike and pedestrian facilities. It helps mitigate an earlier law that was more restrictive in using transportation dollars for this purpose. I VOTED FOR this public-friendly bill that recognizes roadways are a shared resource for motor vehicles, bicycles and pedestrians – not just for cars and trucks.
Law and Order
Expand the Attorney General’s power (S1251 – signed into law). This bill adds “clarification” to the powers of the Attorney General: “To exercise all the common law power and authority usually appertaining to the office and to discharge the other duties prescribed by law. This duty shall be interpreted to include the power to seek declaratory and injunctive relief against any person who has violated or is violating an Idaho statute.” I VOTED AGAINST this suspicious bill, which continues a worrisome trend of bestowing increased prosecutorial power upon one person: Raul Labrador. I refer to him by name instead of his position because it is highly doubtful that the legislature would be handing additional powers to that position if it was occupied by a member of the minority party, or even a different member of the majority party. This bill will loom larger as the legislature writes more laws that turn innocent actions into crimes.
Verify the immigration status of anyone who is arrested (H660 – passed the House, in the Senate). This bill would require every Idaho state and local law enforcement agency to verify and record the immigration status and nationality of every person they arrest. Failure to comply could result in withholding state funding for the law enforcement agency. I VOTED AGAINST this half-baked, punitive anti-immigrant bill that was opposed by the Idaho Sheriff’s Association, the Idaho Fraternal Order of Police, and the Idaho Chiefs of Police Association. They all determined the bill to be unnecessary and that it would place a complex, time-consuming burden on their ability to do their job effectively and efficiently.
Provide secrecy for the procedures associated with executing a prisoner (H803 – passed the House and Senate, to the Governor). This bill extends legal protections from discovery or disclosure of certain persons and entities who administer the death penalty by lethal injection or by firing squad. I VOTED AGAINST this bill which thwarts accountability and violates the public’s right to know the circumstances and individuals involved when an execution goes awry.
Other
Send someone to prison for up to five years if they use the wrong bathroom (H752 – passed the House and Senate, to the Governor). This bill makes it a crime for any person to knowingly and willfully enter a rest room, changing room, locker room, or shower room in a government-owned building or place of public accommodation designated for the opposite biological sex (with some exceptions). A second or subsequent conviction within five years is a felony punishable by up to five years in state prison. I VOTED AGAINST what is yet another bathroom bill based on fear instead of fact. It was opposed by the major state law enforcement organizations as being impractical, if not impossible to reasonably enforce.
Restriction on lifetime hunting and fishing licenses (H855 – passed the House and Senate, to the Governor). This requires a person to have lived in Idaho for five years instead of six months before purchasing a lifetime license. I VOTED FOR this bill which closes a loophole that was being exploited by some residents of neighboring states who would establish temporary residence in Idaho simply to obtain a lifetime hunting license.
Change the reporting location of the State Historic Preservation Office - SHPO (H898 – passed the House, in the Senate). This boring-sounding bill is somewhat alarming. SHPO currently resides within the State Historical Society. It is responsible for preserving historic archeological sites throughout the state. This bill would move SHPO from the State Historical Society and have it report under a newly created agency called the Office of Species, Minerals, and Energy Coordination (OSMEC). OSMEC was created to help fast-track approval of development projects such as mining and power generation. It is a clear conflict of interest to have a preservation organization report to the leadership of a development organization. I VOTED AGAINST this bill which puts the thumb on the scale of development at the expense of preservation.
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My next newsletter will cover the last of the bills to be voted on before the 2026 legislative session ends.
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