Idaho now has a powerful mini-legislature within its official Legislature
Idahoans can breathe a sigh of relief now that the Legislature has folded its tent and gone home.
The bright side of this year's session is that it could have been worse. The session lasted two weeks longer than expected, costing taxpayers about $20,000-$30,000 per day.
The main reason for the delay was the inability of the Joint Finance-Appropriations Committee (JFAC) to finalize budgets for state programs. JFAC set many budgets even before it knew how much revenue would be available, and it then squandered time figuring out how to operate without defined procedural rules.
Without a guiding script, Idaho Legislature's budget committee strays from voting procedures
Adding to the delay was JFAC's decision to ignore the constitutional order of setting budgets. Since statehood, general legislation, which establishes state laws, was the job of the entire Legislature. Committees hold hearings, take testimony and produce bills for debate in both houses before sending them to the governor.
JFAC's job has been confined to providing the funding to finance the programs established through that policy-making process. However, in recent years JFAC has had the nerve to set itself up as a mini-legislature within the official Legislature. That is, to fund legislative policies with appropriation bills but also to set its own policies with 'intent language' in the bills.
JFAC co-chair, Rep. Wendy Horman, justified the committee's use of policy-making intent language, claiming it is the committee's job to set 'conditions, limitations and restrictions' on spending. She said, 'it is the job of JFAC to set fiscal policy.'
The Idaho Constitution would disagree. Appropriation bills are to fund the government, not to set state policy.
Several JFAC members have raised legitimate concerns. Sen. Julie VanOrden said the use of intent language to set policy skirts the public vetting process and is 'a real abuse of power.' Sen. Janie Ward-Engelking correctly observed that JFAC is 'a budgeting committee, it's not a policy committee.'
JFAC's constitutionally improper policy-making has created memorable problems in the past.
In the 2022 session, JFAC put intent language in House Bill 764, saying that federal money designed to make up for pandemic-related learning loss was to serve 'school-aged participants ages 5 through 13 years.' When about 80 legitimate schools and child care centers received grants, the extreme-right outrage machine swung into action, claiming fraud and abuse because some kids under 5 might have benefited from the federal money, which federal guidelines allowed. That resulted in a flurry of pointless legal actions and investigations, which ended up costing the state way more than the miniscule amount that may have been incidentally spent on kids under 5.
In 2024, JFAC put intent language in House Bill 770, the funding bill for the Department of Transportation, that killed a favorable sale of the bedraggled transportation department building on State Street in Boise. The restriction resulted in litigation and will end up costing the state millions trying to renovate an outdated building that will be an unusable money pit.
This year, JFAC has picked up the pace of its unlawful policy-making. In House Bill 459, the Department of Labor appropriation bill, the mini-legislature required the preparation of several reports, including one requiring 'an analysis of the impact of illegal immigration on the state's labor market and the potential costs and benefits of using E-Verify.'
This should be done through legislative action, not in the funding process.
Senate Bill 1209 calls for several legislative items. Among other things, Section 4 requires Idaho State University to lead any negotiations toward acquisition of the Idaho College of Osteopathic Medicine. Section 6 requires the State Board of Education to develop a new outcomes-based funding model for Idaho's colleges and universities. Section 7 requires audits of state institutions of higher learning for compliance with Idaho's ill-defined diversity, equity and inclusion laws. In essence, the DEI laws prohibit many of the virtues that Jesus taught in the New Testament.
Senate Bill 1196, requires the Idaho Commission for Libraries to report on compliance by state and school libraries with Idaho book ban laws. There are a number of other similar policy-making bills the JFAC mini-legislature churned out this session, but the list is too lengthy to lay out here.
It is high time for JFAC leadership to establish procedural rules to expedite the funding of programs enacted through the established legislative process. More important, however, is that the committee get back into its proper lane of setting budgets, rather than establishing state policy.
If not, it may be necessary for those affected by its improper policy-making to institute court proceedings to get JFAC to comply with its limited duty of funding programs enacted by the official Legislature.
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