Idaho Bills

Relates to the appropriation to the Public Schools Educational Support Program's Division of Educational Services for the Deaf and the Blind for fiscal year 2027.

RS33707 / S1408 This appropriation to the Public School Support Program’s Educational Services for the Deaf and the Blind (IESDB) provides enhancements to the FY 2027 maintenance budget, including career ladder equivalent funding to provide IESDB teachers with funding parity since these teachers are not on the state’s career ladder, replacement items for a school bus & van, and a net-zero endowment fund adjustment.

Amends existing law to revise provisions regarding executive carry forwards.

This bill updates the timeline for liquidating encumbrances that cross fiscal years. Currently, Idaho law does not set a deadline for when these encumbrances must be liquidated, and some are carried forward for multiple years. With the addition of executive carry-forward authority in Idaho Code, the executive branch may approve appropriations from one fiscal year into the next. This bill establishes a clearer process: • If an encumbrance is not liquidated by the end of the first quarter of the fiscal year, • The agency must request an additional appropriation from the Legislature. This change ensures earlier resolution of outstanding encumbrances and improves fiscal oversight.

Proposes an amendment to the state constitution to remove language allowing for the Legislature to require school attendance and to add language regarding the right of the people to educate their children without government regulation outside of public schools.

This constitutional amendment accomplishes two changes to Idaho’s constitution. First, it strikes the current language in section 9 of Article IX which concerns the legislature’s ability to compel Idaho’s children to physically attend the public schools of the state. The current language also grants the legislature to determine the means that are the exception to public school attendance. In 1925 (Pierce v. Society of Sisters) and 1972 (Wisconsin v. Yoder), the US Supreme Court issued opinions that states cannot compel public school attendance because of protections in the US constitution. This amendment also inserts language into section 9 of Article IX concerning the right to educate children outside of the public schools without burdensome regulation. This mirrors Idaho’s current statutes. The right recognized in this amendment concerns a right to educate – it is not a right to NOT educate. Neither California, Oregon, Washington nor Montana have compulsory school attendance in their constitutions, yet all of those states still possess the power to require children to be educated. Even with this amendment, Idaho may still require children to be educated.

Amends, repeals, and adds to existing law to revise provisions regarding the Idaho Digital Learning Academy.

This legislation updates the governance, oversight, and funding structure of the Idaho Digital Learning Academy (IDLA) to improve accountability, transparency, and fiscal sustainability. The bill revises the composition and duties of the IDLA board of directors, transitions the academy to a user-funded fee model, and establishes a targeted funding mechanism to support high school students in geographically isolated areas who have limited access to advanced coursework. These changes preserve IDLA as an educational option while better aligning state support with student access needs and responsible use of public funds.

Amends existing law to revise provisions regarding certain limitations of budget requests by taxing district and to provide certain exceptions to such limits.

RS33625 / H0842 This legislation addresses the limitations placed on the growth of property taxes by HB 389 (2021). These constraints have prevented cities, fire protection districts, and ambulance service districts in a small number of very fast-growing communities from being able to keep up with the public safety service demands of their growing populations. Specifically, this legislation: 1.) Increases the cap on overall property tax growth for cities under 30,000 people, as well as for fire protection districts and ambulance service districts that serve any of these smaller cities, from 8% to 15%, if enough new construction and annexed territory has been added to cover the cost of these extra property taxes. 2.) Increases the amount of foregone property tax revenue that can be added to the ongoing property tax budget above these caps, to 2%, replacing the current 1% limit. 3.) Provides that new construction and annexations are added to property tax budgets based on the prior year’s levy rate, rather than the estimated current year levy rate. 4.) Prohibits the accumulation of additional foregone property tax balances in the future. Foregone property tax balances from prior to 2026 may continue to be retained and used in the future, subject to statutory limitations. 5.) Provides that city and county voters may utilize the existing local initiative process to reduce city or county property tax budgets, using the same threshold for passage that the law currently provides for voters to increase property taxes beyond statutory limits (2/3rds vote for counties, and 3/5ths vote for cities).

Adds to existing law to establish provisions regarding hospital presumptive eligibility determinations.

RS33456 / H0845 Hospital presumptive eligibility is a Medicaid program that allows hospitals to provide services to uninsured patients by presuming that they are likely eligible for the program. Without proper guardrails, however, this program is vulnerable to abuse. Hospitals receive reimbursement for services provided to presumptively eligible patients regardless of whether those individuals are ultimately determined to qualify for Medicaid. Nationally, up to 70 percent of individuals deemed presumptively eligible were later found to be ineligible for Medicaid after services had already been rendered and billed to taxpayers. This legislation establishes a three-strikes quality assurance system for hospital presumptive eligibility, authorizing the Department of Health and Welfare to discipline hospitals that misuse the program. These reforms help ensure that presumptive eligibility is reserved for individuals who are truly eligible for Medicaid.

Amends existing law to provide restrictions for court-appointed professionals.

RS33667 / H0858 This bill establishes restrictions and requirements on court-appointed professionals (particularly parenting coordinators) in child custody cases. It clarifies that these professionals serve only in an advisory capacity, with final decisions on custody, parenting time, and decision-making remaining with the court. The changes aim to increase transparency, accountability, and protections in the use of parenting coordinators while ensuring parents retain due process rights.

Amends existing law to provide that alkaloids found in or derived from Mitragyna speciosa shall be a Schedule I controlled substance.

This legislation amends Idaho's Uniform Controlled Substance Act to classify alkaloids found or derived from Mitragyna Speciosa (commonly known as kratom) as Schedule 1 controlled substances.

States findings of the Senate and provides that all temporary and pending rules of the Idaho Department of Fish and Game, the Idaho Department of Lands, the Idaho Division of Occupational and Professional Licenses, the Idaho Department of Parks and Recreation, the Idaho Department of Water Resources, and the Idaho Department of Environmental Quality have been reviewed and approved by the Senate Resources and Environment Committee, with exceptions.

RS33816 / SR125 This legislation approves all temporary and pending of the Idaho Department of Fish and Game, Idaho Department of Lands, Division of Occupational and Professional Licenses, the Idaho Department of Parks and Recreation, the Idaho Department of Water Resources, and the Idaho Department of Environmental Quality reviewed by the Senate Resources and Environment Committee with exceptions. This legislation does not include approval of Idaho Department of Parks and Recreation Docket No. 26-0120-2501, Rules Governing the Administration of Park and Recreation Areas and Facilities, Sections 075 and 250, only, or Idaho Department of Environmental Quality Docket No. 58-0111-2501, Ground Water Quality Rule, Sections 003 and 200.01.a, only, which are not approved. The Committee voted to approve pending rule Docket No. 58-0108-2502, Idaho Rules for Public Drinking Water Systems, with an effective date of sine die.