Rep. Steve Berch Newsletter 

A government that governs least

 

This is my first legislative update newsletter of the 2026 session. The session got off to a slow start in January, but rapidly picked up speed in February. As a result, this newsletter is playing catch-up.
 
I expect budgets to dominate this session, as discussed in the narrative below. I also expect a slew of inflammatory social issue bills. These are often “gotcha” bills used to trap legislators and create campaign talking points in election years. This year will be no exception.
        

NOTE:  You can look up any bill introduced since 1998 by CLICKING HERE  
 

Sharpening the axe

One of the majority party’s slogans is, “The government that governs best, governs least.” Here in Idaho, a more accurate slogan would be, “The government that governs least, does the least – for you.” This is on painful display as the Joint Finance and Appropriations Committee (JFAC) takes an axe to the state budget.
 

JFAC is blindly axing nearly all state budgets by up to 5%. No department or agency is immune, including education – except the $50 million that will still go to private and religious schools. They are being protected from the cuts. 
 
Majority party leaders appear to have deliberately manufactured a fiscal crisis as an excuse to “make government small” without caring how it will affect your daily life. This seemed apparent when the sponsor of last year’s bill (H40) – a bill that reduces state revenue by $2.4 BILLION over the next 10 years – said the following:

 
"The only way to get the state to stop spending money is to give it back to the people."
 
That effectively meant:

 
“We’re going to cut revenue without first knowing how much we need.”
 
Majority party leaders have repeatedly made the false claim that Idaho has a spending problem. Nonsense. Idaho has a revenue problem. Consider this:
 
Here’s what we knew – and didn’t know – when H40 cut Idaho’s revenue by $240 million/year and the school voucher/tax credit bill (H93) cut it by an additional $50 million/year:
  • Billions of dollars in known financial needs were ignored (ITD, school facilities, and other vital services).
  • There was no estimate as to what the state’s revenue would be in 2026.
  • We had no idea how much Trump’s Big Beautiful Bill would reduce state revenue. We now know it will be at least an additional $155 million/year, and more likely closer to $300 million/year
A contrived “DOGE task force” was created last summer to put targeted department and agency services on the chopping block. JFAC leaders could then use the DOGE recommendations to justify budget cuts. No analysis was done as to the consequences of those cuts, including possible cost increases that may occur elsewhere. JFAC has now effectively become the DOGE task force.
 
The legislature reduced Idaho’s revenue by $4.1 BILLION in 2021-2025 through large tax cuts mostly for the wealthy and small rebate checks for the rest of us. Most rebate checks were barely enough to buy a few tanks of gas.
 
The legislature now reduces Idaho’s revenue by over $6 BILLION each year in the form of special income, property and sales tax exclusions that never get reviewed and never expire – over $60 BILLION in revenue lost since 2012.
 
At the same time, these same majority party leaders say we can’t use any of the $1.6 BILLION in Idaho’s “rainy day” fund to keep budgets whole because “it isn’t raining.” They emphatically insist that Idaho’s economy is very strong. If Idaho’s economy is so strong, why do we have to cut budgets?!
 


Government doing the least – for you
 
Here is just a short list of the things Idahoans expect, depend on, or take for granted that these budget cuts could impact: 
 
Education
  • Reduced public school funding, lower net pay for teachers, larger class sizes
  • Continued school bonds and levies, which have cost homeowners over $3.2 billion since 2007
  • Lack of services for special needs students
  • Reduction in LAUNCH and Career Technical Education (CTE) programs
  • Increased higher education student tuition and fees
  • College/university hiring freezes, reduced course offerings and possible elimination of some departments
  • Cuts to agricultural and research programs 
State Agencies & Public Services
  • Reduced operating hours, services, and closures of state parks during peak summer seasons
  • Reduced ability to manage water rights and water quality monitoring
  • Reduction of the state’s public defender system services
  • Inability to obtain sufficient resources and manpower to fight wildfires
  • Long delays in processing state tax returns and other government activities 
Healthcare/Other
  • Reduced Medicaid coverage and a lack of doctors taking new Medicaid patients
  • Reinstate the Catastrophic Health Fund, which could wipe out any reduction in Medicaid costs
  • Rural hospitals placed in jeopardy (many of which depend on Medicaid reimbursements)
  • Reduced mental health, suicide hotlines, and services for victims of domestic abuse
  • Reduce or eliminate programs such as Meals-on-Wheels, CHIP, SNAP, and other safety net programs
  • Delays in foster care home safety assessments 
Perhaps the real problem is that Idaho has a leadership problem.

 
Listen and learn
 
The first attribute of good leadership is the ability and desire to listen to the people. Without that, representative government only represents the personal beliefs and desires of elected officials – and the outside organizations that fund their campaigns. That’s why I and my fellow caucus members recently hosted a four-hour listening session in the state Capitol to learn how Medicaid helps people in need and how cuts to Medicaid would affect their lives.
 
We invited the majority party caucus to join us. None did.
 
Over 500 people showed up, filling up the main auditorium and three overflow rooms that televised the proceedings. We stayed late into the evening so every person had an opportunity to tell us their situation (pictured below on the left). You learn a lot when you listen to people, including how cruel and devastating the impending budget cuts will be on their lives, and the lives of their children and loved ones.
 
I listen to constituents by knocking on doors and holding three in-person Town Hall meetings during each legislative session (pictured below on the right). I sent invitations to everyone in my district (District 15). I believe if you hold a Town Hall meeting you should invite the entire town, not just a handful of friends and supporters.
 
Over 120 people attended the first Town Hall meeting, most of it spent answering questions for the better part of two hours. Listening to people’s questions is a great way to learn what they care about. If more legislators did that, they’d realize that many of the bills we vote on either fail to address their real concerns or work against their best interests.
 
If leadership cared enough to listen to the people, maybe they'd care enough to not hurt them by creating a government that does the least for them.

 

 
Rotunda Roundup
 
Revenue & Taxation
 
The “conformity” bill (H559 – signed into law). This bill aligns Idaho tax code with President Trump's so-called Big Beautiful Bill. It is estimated to reduce Idaho revenue by at least $155M/year. However, there is compelling evidence that the impact may be closer to $290M/year, or more. This revenue reduction, along with last year's revenue reduction of $240 million/year (H40) could reduce Idaho revenue by about $5 billion over the next 10 years. I VOTED AGAINST this bill and debated against it in committee and on the House floor. It was rammed through the House, the Senate, and signed by the governor in record time to make sure JFAC could then use it as an excuse to increase across-the-board budget cuts from 3% to 5% - which they did.
CLICK HERE to see my debate in the Revenue & Taxation committee
CLICK HERE to see my debate on the House floor

Potential revenue recapture (H589 and H590 – personal bills; will not advance).  I wrote both of these bills. Their purpose is to provide the legislature the potential to increase revenue by up to $290 million in 2027 should uncertainty concerning state and national economic conditions require doing so. H589 offers the option to pause the revenue reduction in H40 ($240M) for only one year, and H590 does the same for H93 (the $50M school voucher tax credit) for only one year. Neither H40 or H93 are repealed, just potentially placed on hold only for 2027.
 
There are two ways that prudent, conservative people can address a fiscal crisis: cut costs and increase revenue. The legislature refuses to consider the latter under any circumstance. My bills would expand potential solutions for budget shortfalls beyond just drastic, harmful budget cuts. I requested to introduce H589 to the Revenue & Taxation committee (of which I am a member). My request was flatly denied. This was particularly insulting when one considers that nearly every bathroom, flag, and anti-trans bill gets a free pass straight to the floor of the House for a vote. The only way I could let the public know of my effort was to submit them as personal bills. This allows them to be given a bill number, but they are then left to die in a file cabinet.

 
 
Education
 
Repeal the Blaine Amendment in the Idaho state constitution (HJR7 – failed on the House floor). Repealing the Blaine amendment would have eliminated a key provision in the state constitution that provides a separation between church and state. I VOTED AGAINST this resolution which could be used by a dominant religious belief within a community to impose its beliefs upon others in public schools and other venues that are funded with taxpayer dollars. A majority voted for this resolution (41-28-1). However, it failed because a proposed constitutional amendment must pass by a two-thirds margin (47 votes) in the House. Since it failed in the House, it will not move to the Senate for a vote.  
 
Virtual public education (H624 – passed the Housein the Senate). This bill updates and aligns provisions governing virtual education programs operated by school districts and public charter schools. It specifically addresses concerns documented in a recent OPE report concerning accountability and use of funds by the Idaho Home Learning Academy (IHLA). I VOTED FOR this bill, which passed unanimously in the House. Many parents who have enrolled their children in IHLA are very pleased with the results. It provides an alternative learning experience that works best for them. This bill does not eliminate that choice. It does provide important structure and controls as taxpayer-funded virtual education programs have grown in Idaho. CLICK HERE to read the OPE report.

Anti-bullying in public schools (H515 – passed the Housein the Senate). This bill ensures that families whose students are involved in a serious bullying incident are notified so they are aware of the situation and can respond accordingly. Voters have been expressing a concern about this problem since my first campaign in 2010. I VOTED FOR this long-overdue bill that addresses a growing problem in our public schools. It is interesting to note that this bill does not apply to private and religious schools, which are now being subsidized in part with your tax dollars. Should this become law, it will be yet another protection parents lose when they take their child out of the public school system.
 
Process for hiring a university president (S1225 – passed the House and Senateto the governor). This bill attempts to solve the problem that Boise State University has had in hiring a new president. Current law requires that the five finalists to fill the position be named publicly. This has caused prospective applicants to withdraw from consideration. They may not want their current employer to know they are looking for a new job, and they may not want the world to know they were not hired. I VOTED FOR this bill which would require a university to only publicly name the sole finalist before making a hiring decision.
 
Epinephrine delivery systems in public schools (H531 – passed the House, in the Senate). This bill improves providing and administering epinephrine during life-threatening allergic reactions, and reinforces the ability of schools to maintain and stock epinephrine for emergency use. It reduces ambiguity, supports timely medical intervention during anaphylactic emergencies, and enhances student safety. I VOTED FOR this important bill.
 
 
Business
 
Eliminate most local ordinances pertaining to Short-Term Rentals (H583 – passed the House, in the Senate). This bill seeks to balance the concerns of Short-Term Rental (STR) owners with some of the restrictive ordinances enacted by resort cities. The problem with this bill is that it goes too far in the other direction. It prohibits any city from creating ordinances that protect the integrity of residential neighborhoods. It strips away that protection out of the current law. That can negatively impact property values, livability, and public safety. In attempting to solve a problem that exists in resort communities, this bill creates a new problem for everyone else. I VOTED AGAINST this bill, which may be one of the most difficult votes I’ll cast this session. Balancing the valid rights of two parties at odds with each other can be among the most difficult decisions facing any lawmaker. I believe this issue might be better addressed with legislation that acknowledged the differences between resort communities and single-family homes in residential subdivisions. CLICK HERE to see my debate in committee.

Reduce training hours required for a cosmetology license (H547 – withdrawn on House floor). This bill would have reduced training hours from 1,600 to 1,000 (43 states require more than 1,000 training hours). Arguments in favor of this bill included: a teenager dying her hair and painting her nails at home does the same thing as a licensed cosmologist, and if you got a bad haircut, just wait two weeks and it will grow out. I was the only person in committee to VOTE AGAINST this bill. Anyone using scissors or a razor that can become contaminated with blood and then transmitted to the next person sitting in the chair, or using professional-grade caustic chemicals on one’s scalp, should be a properly trained professional. Lowering the cost of doing business should not be at the expense of public safety and consumer protection. My “NO” vote later prevailed when key committee members killed the bill after having subsequent conversations with industry professionals.
 
Addictive Social Media Act (H542 – passed the House, in the Senate). The purpose of this bill is to protect minors from addictive design features and exploitative data practices of social media companies while preserving First Amendment protections and parental authority. It would use the same technology that social media companies use for target marketing to authenticate that the user is not a minor. I VOTED FOR this bill which helps address the ramifications of minors becoming addicted to social media. This bill also allows Idaho to join other states considering similar legislation in sending a message to Congress that this should be addressed at the federal level.
 
 
Transportation
 
Enhanced safety pertaining to electric-assisted bicycles (H500 – passed the House, in the Senate). This bill requires motor vehicle drivers to exercise due care to avoid colliding with bicyclists. Currently, drivers do not have a duty to avoid colliding with operators of electric assisted bicycles. Additionally, operators of electric assisted bicycles must also follow traffic laws, and that they have the same duties that motor vehicle operators have. I VOTED FOR this common-sense bill that closes a gaping public safety loophole in current statute.
 
Eliminate vehicle registration stickers (H533 – passed the House, in the Senate). This bill removes the requirement that vehicles display a registration sticker when registration is required. A valid license plate and vehicle registration certificate would be sufficient to verify the status of the vehicle’s registration. I VOTED FOR this bill which means that, if it becomes law, you will no longer have to put a tiny renewal sticker on your license plate every year.
 
 

Other
 
Prohibit local ordinances that protect the LGBT community (H557 – passed the House, in the Senate). This bill wipes out any anti-discrimination ordinances that a city has enacted that are in addition to those that exist at the state level. The bill’s sponsor argued that all anti-discrimination enforcements must be uniform throughout the state regardless of the differences between cities and the will of its citizens. In reality, the real purpose of this bill is to make life more uncomfortable for Idaho’s LGBT community. I VOTED AGAINST this offensive bill that borders on bigotry. To be clear:
  • It is NOT a special right to NOT be fired from your job because of who you are.
  • It is NOT a special right to NOT be evicted from your apartment because of who you are.
  • It is NOT a special right to NOT be denied service in a restaurant because of who you are.
CLICK HERE to see my debate against this bill in committee.

Condemn political violence (HR20 – adopted by the House). This resolution is in response to several recent incidents of political violence, including the assassination of Charlie Kirk and Minnesota state representative Melissa Hortman. I VOTED FOR this bi-partisan resolution, along with every other member of the Idaho House of Representatives.
 
Call for an Article V Convention of States (HCR25 – passed the House, in the Senate).  This is a repeat of a resolution that failed in 2025 but passed this year by one vote (36-34). It would add Idaho to the list of states calling for a constitutional convention as provided by Article V of the U.S. Constitution. Most advocates for this action want to force Congress to reduce the growth of the national debt by enacting a balanced budget amendment and/or to impose term limits on Congress. They are frustrated in not achieving this via the normal amendment process as provided in the U.S. Constitution, so they are turning to Article V as an alternative way to achieve their goals. I share the concern about the national debt and term limits. However, I am concerned that the uncertainties of an Article V process might result in rewriting other portions of the U.S. Constitution. It could have unintended, disastrous consequences. I VOTED AGAINST this resolution because of the inherent risk. CLICK HERE to see my debate against this bill from last year. My reasons for voting against it again haven’t changed.
 
In the hopper
H510 – Protect public employees from retaliation by management if they talk with legislators and staff.
 
H516 – Further restrictions on teaching sex education in public schools.
 
H534 – Allow parents to teach driver’s education anywhere without dual brakes, signage or formal training.
 
H537 – Allow anyone to make public comments at any public meeting regardless of what is on the agenda.
 
H545 – Allow military chaplains to work as licensed counselors.
 
H561 – A flag-banning bill being used to specifically ban rainbow flags.
 
H574 – Remove all immunization requirements for all children entering public school.
 
H584, S1247 – Require use of e-Verify to determine a person’s citizenship status as a condition of employment.
 
H601 – Restrictions on the teacher’s union.
 
H606, H607 – Restrictions on the use of public restrooms.
 
HJM12 – A statement opposing a plan to impose an export tax on gasoline that comes to Idaho from Utah.
 
S1227 – Address use of AI in public education.
 
S1239 – Extend existing sex offender residency restrictions.
 
S1271 – Rat abatement (
I co-wrote this bill).