Sens. Michelle Stennett, Grant Burgoyne, and Janie Ward-Engelking raised concerns about the possible legal ramifications that could stem from the Senate, specifically, coming back into session after adjourning in May, not recessing like the House. No mechanism exists for the body to reconvene once its members officially sine die unless the governor calls a special session.

The three said the majority isn’t adhering to proper protocol, and seem more focused on political grandstanding than passing legally-sound legislation aimed at mitigating the state’s ongoing health crisis. Since Sept. 16, Idaho has been in crisis standards of care.

Senate Republicans are expected to propose a bill to set up another defense fund to join other state legal actions against the Biden administration over its COVID-19 rules for employers. Like the Constitutional Defense Fund, this legal defense fund would authorize the legislature to give sole power to the speaker of the House and the Senate pro-tem to use state funds to pay for litigation expenses, such as hiring outside counsel.

“Other states have been leading this charge and already filed lawsuits against the Biden administration; there’s no need for Idaho to be spending its own money,” Burgoyne said. “We should wait for the federal courts to make a decision rather than writing another blank check to lawyers.”

The group told reporters Senate Democrats have drafted legislation to direct COVID-19 relief funds to help Idaho workers and their families. Some of the bill’s provisions include:

• Reimbursing employers for wages paid to staff in need of time off to get the vaccine and recover from any side effects, or assist a family member in getting it or their recovery
• Rapid testing for businesses and schools
• Compensation for anyone missing work after contracting COVID-19 or being exposed
• A sick-leave bank for all public employees and school personnel
• One-time bonus payments to essential workers

“If we’re going to be here, we should be doing some actual good for Idahoans, not misusing their hard-earned tax dollars on likely unconstitutional bills,” Stennett said. 

“People across our state are struggling, especially our teachers. We are sitting on more than two billion in state and federal funds right now. Why not direct some of that money toward helping Idaho’s working families?” Ward-Engelking said. “Let’s not continue to sit on it; let’s invest it in our people when they need it most.

Rep. Ilana Rubel

The bill seeks to make an already onerous process ostensibly impossible by doubling the district signature requirements needed, rising to 6% of signatures of registered voters in all 35 of Idaho’s 35 legislative districts, rather than in 18.

The governor’s claims that House Bill 135 and Senate Bill 1136 should be vetoed for unwisely and unconstitutionally taking his emergency powers now ring very hollow, Senate Assistant Democratic Leader Grant Burgoyne said. It is evident that this year’s legislative session has deteriorated into a slugfest in which legislative factions and the governor merely seek to grab power for themselves and leave the people, and their constitutional rights, out in the cold, he added.  

House and Senate Democrats voted against Senate Bill 1110, and urged Little to veto the legislation when it reached his desk. The three branches of government — the governor, the legislature and the courts — are supposed to hold each other in check, but the Idaho Constitution wisely recognizes that the people need to be able to hold politicians in check through the power of the initiative and referendum process.

Sen. Grant Burgoyne

“The governor proved yesterday that he’s willing to use his veto to protect executive power, but by signing SB 1110 he was apparently unwilling to also protect the people’s power,” House Democratic Leader Ilana Rubel said. “SB 1110 puts unreasonable and unworkable restrictions on the ballot initiative process, effectively denying voters the only ability they have to enact laws when their legislators won’t act.”

Burgoyne echoed Rubel’s sentiments. 

“Citizen initiatives and referenda are cornerstones of democracy.  The governor owed it to the people he represents to use his veto power to protect them, and we are extremely disappointed he allowed the legislature to strip the people’s powers away,” Burgoyne added. “Everyday Idahoans know a power grab when they see it, and will not stand for it.”

Rep. James Ruchti

Rep. Mike Moyle, R-Star, proposed to replace the revenue lost to local governments with General Fund dollars, but at a fixed level that will not adjust to the future cost of providing services. That future cost will shift to other property taxpayers.

Legislation in 2013 created an exemption for a business’s first $100,000 of business equipment. That resulted in about 90% of Idaho businesses no longer paying the tax.

“Why would we create another property tax break for the largest corporations while working Idahoans are struggling with rising property tax bills? We should be focusing on the solutions that help Idahoans: raising the homeowner’s exemption and increasing property tax assistance for seniors on fixed incomes,” Rep. James Ruchti, D-Pocatello, said.

Rep. Lauren Necochea

“The share of the tax load that homeowners pay is already growing with every passing year,” said Rep. Lauren Necochea, D-Boise, who sits on the House Taxation and Revenue Committee with Ruchti. “Over time, this bill will create an additional shift onto homeowners. It is unsustainable and it’s not fair to the people of Idaho.”

Democrats on both sides of the Rotunda have proposed multiple solutions to return balance and fairness to Idaho’s property tax system. In the Senate, Sen. Ali Rabe, D-Boise, said one of these proposals included “bringing back the circuit breaker this year.” 

“Instead of providing relief to residents, the majority’s focus has been on cutting local government budgets and providing relief to special interests rather than people who need it,” Rabe said. 

“We were able to pass an expansion of the circuit breaker in the Senate last session, in a bipartisan effort with Sen. Anthon and Sen. Lent,” added Sen. Burgoyne, D-Boise, who worked on the effort to expand the circuit breaker last year. “This year, that has, unfortunately, not been a part of the conversation. There isn’t a lot of listening going on.”

Sen. Michelle Stennett

Dr. Dan Zuckerman, a veteran cancer oncologist at St. Luke’s Medical Center in Boise, confirmed the passage of this constitutional amendment would reduce health care opportunities for Idahoans who are enduring severe, intense pain. Idaho’s “Right to Try” law is thought of as a way for terminally ill patients to access drugs that would otherwise be illegal. Zuckerman pointed out that isn’t how it really works, and he does not feel he can prescribe an illegal drug, such as cannabis, that will not cure a terminally ill patient for pain relief. 

SJR101 permits legalization in Idaho only if approved by the U.S. Food and Drug Administration or part of a documented clinical investigation under the FDA, but cannabis is a natural plant and unlikely to be patented. The cost associated with approval also is extreme, and no pharmaceutical company is going to bear that expense without the ability to retain a patent and recoup on the investment.

If passed, the proposed amendment would effectively operate as a permanent ban on medical cannabis, and under current code, even most CBD oil, as a product containing any quantity of THC is considered a Schedule 1 drug in Idaho. These products are commonly utilized to help manage pain for cancer patients and individuals with chronic diseases and seizures.

Sen. Grant Burgoyne

Hemp and CBD oil are legal federally, as well as in most states, but not Idaho. This bill could put the state at an economic and medical disadvantage. Constitutionally prohibiting drugs that other states and the federal government have approved could compromise medical reimbursements, like Medicare and Medicaid.

We are deeply concerned about the potential medical consequences of allowing the government to prohibit a patient’s health care options. This bill would not protect Idahoans’ quality of life, but diminish it. If there were any medical advancements involving substances not yet legalized, Idahoans would not have access to it under this law. This is unacceptable and insensitive to our citizens’ health crises. We must do better.

A vote on the legislation will take place Wednesday during the 8 a.m. Senate State Affairs Committee meeting. More information can be found on the Legislature’s website.

Sen. Grant Burgoyne, Rep. John Gannon, and Rep. Lauren Necochea, each of whom have done extensive work on the subject, discussed the various pieces of upcoming property tax legislation with members of the media in a virtual news conference.

The Idaho Legislature caved to lobbyists in 2016, and capped the homeowner’s exemption, which had been indexed to rise with market values. The decision dramatically shifted the property tax load away from commercial real estate and onto homeowners, making it a win for big business and a loss for regular Idahoans. Now, in Ada County, resident homeowners pay at least 73% of the property tax burden.

“We must pass legislation to ensure that everyone pays their fair share of property taxes, and only their fair share,” Burgoyne said. “We have been bringing bipartisan bills to reduce property taxes for residents for more than three years and have faced a wall of opposition from some House majority leaders. We must overcome that opposition and deliver meaningful change this year.”

The legislative solutions proposed by the three included:

• A bill to re-index the homeowner’s exemption to housing values, to restore a fair balance of the tax load between commercial and residential property.
• A bill to catch up the Property Tax Reduction program, or circuit breaker, with rising property taxes.
• A bill to revise provisions regarding a tax exemption for new capital investments.

“Property taxes are not like sales or income taxes, where revenue reductions mean less money to spend. When there is less property to tax, local governments raise the levy (percentage rate) on other property – mostly residential — and residential pays more. That’s why we need to add more properties to the system,” Gannon said. “Otherwise residential is just shifting the tax around.”

“Every year, state policies are shifting more and more of the property tax load onto homeowners and away from other types of real estate,” Necochea said. “It is urgent that we adjust our homeowner’s exemption to restore a fair balance to our property taxes.”

Tom Luna, the new Idaho GOP Chairman, recently previewed his plan for attacking Democratic candidates this election year:

Step One: Harp nonstop on a report generated for the City of Boise by a nonpartisan team of volunteers, and falsely attribute it to Idaho Democrats, who in fact never wrote, endorsed, or implemented it. The report compiled some citizens’ suggestions, and is not and never has been Democratic policy or platform.

Step Two: Call Democratic legislators “socialists,” ignoring the fact that we are not only capitalists who embrace the importance of businesses large and small, but many of us are business owners ourselves.

Step Three: Hope that voters will settle for name-calling and distortion, and won’t probe into actual positions or records.

This brazen misdirection by the GOP Chairman belies a fear that if Idaho voters really understand Democrats’ positions and the GOP’s dismal single-party governance record, the Republican super-majority would be in jeopardy.

Voters deserve to know where Democrats actually stand. Here is our legislative agenda, plain and simple:

• A Strong Economy. Idaho has lost business opportunities due to inadequate infrastructure, an insufficiently skilled workforce, and a lack of affordable housing. We want to correct these deficiencies.  Let’s be honest—there’s a lot of crony capitalism in this state masquerading as real capitalism.  We’ll do a lot better without a one-party government whose focus is on well-connected insiders rather than making sure everyone has economic opportunity.
• The success of our communities starts with our schools. Teacher pay must be sufficient to recruit and retain quality educators. Lack of funding shouldn’t force schools into four-day weeks and sub-par education programs. Education should be adequately funded by the state as mandated by our Constitution – property taxpayers shouldn’t have to pass levies to keep schools operational.We should be generating a skilled workforce that draws high-wage employers to Idaho, not underfunding higher education, forcing tuition hikes that make a degree unaffordable.
• Fair Taxes. We oppose the GOP’s giant tax cuts and exemptions to those at the top that leave the rest of us with overblown property taxes and underfunded schools and infrastructure. The 2018 Republican income tax cut cost the state over $200 Million annually in revenue, gave over $5,000 a year in cuts to the wealthiest, but only $12 a year to earners in the bottom 20%, while leaving schools underfunded and giving nothing to those needing it most.  The indexed homeowner exemption should be restored and we must increase property tax assistance for seniors and veterans. Millions of dollars a year in internet sales taxes are currently held hostage by the majority party’s infighting. These funds should be used to fund education, repair infrastructure and reduce property taxes. And the legislature should examine the $2.5 billion a year in lost revenue from sales tax exemptions.
• Public Lands. Democrats always fight to protect public lands and your right to access and use them, as well as your right to enjoy clean air and clean water.
• Strong families. Idahoans should not have to work three jobs to support a family. We support gradual increases to the minimum wage and affordable, safe childcare.
• Public Safety. We support our first responders.  We back adequate funding for training and equipment, including ensuring proper standards for use of force.
• Idaho has 187 structurally deficient bridges, and 898 bridges that are past their expected structural life. You deserve roads and bridges that are strong enough for the needs of business and your family’s safety.
• Health Care. We support affordable, quality health care, so we and 61% of Idahoans who agreed with us made Medicaid expansion a reality.

Idaho Democrats are fighting for a more balanced legislature that addresses constituents’ needs.  After thousands of conversations with voters, we have found broad public support for our platform as described above, and the GOP is rightly concerned that a debate on real issues will not play out to their advantage.

In 90 days, you’ll have the chance to correct the harmful imbalance in our legislature. We hope that you’ll join us in paving a better road for Idaho’s future.

Senator Grant Burgoyne/(D-Boise) and Senator Cherie Buckner-Webb/(D-Boise) applauded the decision and reflected on its impact for Idaho.

“LGBTQ Idahoans and their friends, families, and those who cared for them breathed a long-awaited sigh of relief today.” Sen. Buckner-Webb said. “For 14 years, Democrats have been fighting to Add the Words to the Idaho Human Rights Act that would protect Idahoans from discrimination in the workplace, housing, and public utilities. Unfortunately, the legislature refused time and time again to even have the conversation with us. Thankfully, the U.S. Supreme Court took up the appropriate action to look out for our citizens.”

“The U.S. Supreme Court recognizes that gender identity and sexual orientation does not impact your quality of work and does not make you deserving of discrimination.” Sen. Burgoyne. “Being who you are and loving who you love are not reasons to be fired from your job. This is a huge step in the right direction. In my legal practice and in the legislature, I have argued for decades that the prohibition on sex discrimination in the federal and state civil rights laws includes a bar on sexual orientation and gender identity discrimination. I am very glad to see that the U.S. Supreme Court agrees. Simple justice demands that everyone be able to be who they are without fear of discrimination, hate or violence.”

Democrats on the committee, including Senator Grant Burgoyne/(D-Boise) voted against sending the legislation to the Senate floor.

“The sponsor said during his initial presentation of the bill, ‘A freeze doesn’t mean your taxes are gonna go down. They could go down, they could go up.’ The legislation does not cut property taxes, it freezes the property tax portion of a budget that a local government can take.” Sen. Burgoyne said. “Your property assessment will undoubtedly increase, and so will your property taxes.”

“Legislators from both parties have given multiple pieces of legislation to the House Revenue and Tax committee that would tangibly decrease property tax bills for Idaho homeowners. However, these bills have not been heard. Idahoans are scraping together every dollar to pay their property taxes, and many are being forced to leave the neighborhoods that they have lived in for most of their lives. Idahoans need property tax relief, or all of our homeowners will be out of state investors who can afford our outrageous property taxes.”

“The only legislation that has so far been allowed to get a hearing would increase property taxes. The legislature is doing Idaho citizens a disservice by refusing to provide property tax relief. We need to be compassionate and make our property taxes more fair and equitable so that Idaho homeowners can keep their homes.”

“From kindergarten through high school, community volunteers play a critical role in educating and supporting our kids. But that volunteering typically ends at graduation,” Sen. Burgoyne noted. “The Idaho Promise Mentor Program will give communities the chance to act on their concern in seeing their residents gain the skills needed to obtain good paying jobs and build successful lives while, at the same time, retaining these residents and improving the local economy.”

Senator Janie Ward-Engelking, a co-sponsor of the Idaho Promise legislation, believes the legislation will make a difference in our college enrollment numbers.

“Mentor coordinators would be placed throughout the state to work with local communities to identify adults willing to be trained to mentor students and their families during the transition into college, career training, and skilled jobs. Mentorship is especially critical in the summer months after graduation when high school counselors are no longer available and students may not have access to college or career advisors,” Sen. Ward-Engelking explained. “It is also important for military veterans and other adults interested in entering a career-ready credential program and preparing to enter the workforce.”

Idaho Promise mentors do not need formal education or training beyond high school. Mentors must pass background checks. They would be matched with 10 or fewer mentees and expected to serve for five or fewer total hours per month. Through training sessions, mentors will learn how to assist students and families to explore college and job training options, complete financial aid forms, access educational support services, successfully complete postsecondary programs and apply for skilled employment.

“In recent years, the state has made a significant investment in hiring more middle and high school college and career advisors. This is important, but we are still a long way from preparing enough Idahoans for the thousands of high wage jobs that go unfilled each year,” Sen. Burgoyne said. “It is time to help local community members play an active role in supporting recent high school graduates, veterans, and other adults to build the kind of skilled workforce throughout Idaho that all of our communities need.”

Jean Henscheid, a fellow with the National Resource Center for The First-Year Experience and Students in Transition, was instrumental in drafting the legislation and expressed her excitement that the committee had sent the bill to the House floor.

“Senator Burgoyne and I met with the Workforce Development Council, the Idaho State Board of Education, the STEM Action Center, all eight Idaho colleges and universities, the Idaho Community College Consortium, RISE Treasure Valley Education Partnership, and Idaho Association Commerce and Industry while drafting this legislation.” Henscheid said. “We structured the legislation based on the feedback and guidance that we received from all of these education partners. I believe that we have introduced the best version of the bill for Idaho students and families.”

While in the legislature, Senator Burgoyne has fought for Medicaid Expansion, free college courses and the elimination of college and career technical program debt, combatting climate change and protecting the environment, unfettered access to public lands, human rights, public transportation, livable wages, good paying jobs, cutting property taxes, repealing the grocery tax, affordable housing, accessible and affordable health care, better teacher pay and working conditions, and transparent government that works for regular people.

In announcing his campaign, Senator Burgoyne said “I have built a reputation for civil, bipartisan, and effective legislative leadership, but I have never backed down from fighting for my constituents and my principles. The people in District 16 have been and will remain my highest priority. I look forward to the opportunity to continue to serve them.”

Senator Burgoyne also said, “Idahoans are good, hard-working people. They shouldn’t have to worry about food, housing, healthcare, daycare, transportation, education, job training, or their safety at any age. Yet, too many struggle financially while wealthy and well connected insiders walk off with huge profits and tax cuts for themselves. It is long past time that regular folks got a break and a fair share of their labors. America is supposed to be about opportunity. However, for too many Idahoans getting a start in life and building a sound financial base for raising a family and retiring with dignity is becoming impossible. That must change now, in this election, if we and our country are to have a future.”

Senator Burgoyne closed his remarks by saying that “one of the most precious things about being an Idahoan is our freedom. This is our state and we have the right to speak out, vote, protect our privacy, control our own bodies and control our local communities without interference from politicians in the Statehouse. When these rights are attacked, we must stand our ground.”