Sine Die Report The Idaho State Legislature A Summation of the 2020 Legislative Session Contents 2020 Legislative Leadership ......................................................... 3 2020 Committee Chairs ............................................................... 4 Introduction................................................................................ 5 Volume of Legislation and Length of Session ................................ 6 Rules Review .............................................................................. 7 2020 Legislative Action on Major Issues ....................................... 8 2020 Interim Committees .......................................................... 16 2020 Legislation Vetoed by the Governor ................................... 17 Budget Summary ...................................................................... 18 General Fund Revenue Collections and Estimates ........................ 20 FY 2020 General Fund Revenues ................................................ 21 FY 2021 General Fund Revenues ................................................ 23 General Fund Comparison: Original Appropriation to JFAC Action . 25 FY 2020 General Fund Revenue & Appropriations pie charts ........ 26 FY 2021 General Fund Revenue & Appropriations pie charts ........ 27 State of Idaho Major Reserve Fund Balances .............................. 28 Budget Highlights ...................................................................... 29 This report and a complete listing of all legislation are available at www.legisla- ture.idaho.gov. Full text of all bills is available on the website, including state- ments of purpose, fiscal notes, and legislative action. Cover photo by Senate President Pro Tempore Brent Hill [2] 2019 Legislative Leadership Senate Brent Hill, President Pro Tempore Chuck Winder, Majority Leader Steven Vick, Assistant Majority Leader Kelly Arthur Anthon, Majority Caucus Chair Michelle Stennett, Minority Leader Cherie Buckner-Webb, Assistant Minority Leader Maryanne Jordan, Minority Caucus Chair House of Representatives Scott Bedke, Speaker of the House Mike Moyle, Majority Leader Jason Monks, Assistant Majority Leader Megan Blanksma, Majority Caucus Chair Ilana Rubel, Minority Leader John McCrostie, Assistant Minority Leader Elaine Smith, Minority Caucus Chair [3] 2020 Committee Chairs Senate Jim Guthrie Todd Lakey Agricultural Affairs Judiciary and Rules Jim Patrick Jim Rice Commerce and Human Resources Local Government and Taxation Dean Mortimer Lee Heider Education Resources and Environment Steve Bair Patti Anne Lodge Finance State Affairs Fred Martin Bert Brackett Health and Welfare Transportation House of Representatives Judy Boyle Greg Chaney Agricultural Affairs Judiciary, Rules and Administration Rick Youngblood Ron Mendive Appropriations Local Government Sage Dixon Marc Gibbs Business Resources and Conservation James Holtzclaw Gary Collins Commerce and Human Resources Revenue and Taxation Lance Clow Steven Harris Education State Affairs John Vander Woude Joe Palmer Environment, Energy and Technology Transportation and Defense Fred Wood Robert Anderst Health and Welfare Ways and Means [4] Introduction The Second Regular Session of the 65th Idaho Legislature began on January 6, 2020. The Senate ad- journed sine die on March 19, 2020, and the House adjourned sine die the following day, March 20, 2020. The closing days of the 2020 session saw the Legislature’s work continue under emergency declarations issued by the President and the Governor to combat COVID-19. The social and economic impact stem- ming from COVID-19, including state and federal responses to the pandemic, were largely unknown at the time each chamber adjourned and are still in flux. During the 2020 session the Legislature addressed a number of issues involving education, criminal jus- tice, economic development, elections, health and human services, natural resources, taxation, and trans- portation. Descriptions of the specific legislation relating to these topics begins on page 8 of this report. As for statewide budget matters, in January 2020 the Division of Financial Management revised the FY 2020 revenue forecast upward to $3.96 billion, representing 6.1% revenue growth over FY 2019 collec- tions. The Economic Outlook and Revenue Assessment Committee (EORAC) concurred with the projec- tions from the executive branch for the purposes of setting budgets in FY 2020. As for FY 2021, the Di- vision of Financial Management provided an original forecast of $4.15 billion; however, EORAC recom- mended JFAC and the Legislature use a revenue forecast of $4.13 billion, applying a cautious approach for budgeting. JFAC used the EORAC recommendation for setting budgets. Several bills impacted reve- nues requiring a downward revenue adjustment of $7.7 million. This left a total of $4.12 billion new rev- enue available for appropriations. The economic impact stemming from COVID-19 is yet to be deter- mined but will undoubtedly be a legislative focus in the next legislative session. Finally, legislators wrote 830 pieces of draft legislation, of which approximately 67% (559) were intro- duced as bills, along with another 70 resolutions, memorials, and proclamations. Descriptions of those bills and appropriation matters are discussed in the following pages of this report. [5] Volume of Legislation and Length of Session During the 2020 legislative session, 830 proposed pieces of legislation were prepared for legislative com- mittees and individual legislators. From that initial group of draft proposals, 559 bills were actually intro- duced, along with another 70 resolutions, memorials and proclamations. By the end of the session, 347 bills had been passed. After final legislative action, and following the Governor’s review, 341 introduced bills became law, with the majority of the new laws to become effective July 1, 2020. Six bills were ve- toed by the Governor. From Drafting to Enactment 10-Year Comparison 900 839 830 831 826 827 799 785 761 763 777 800 700 554 565 600 561 557 542 545 522 540 523 500 377 357 347 357 400 341 329 353 339 342 335 300 200 100 0 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 Bills Enacted into Law Bills Introduced Legislation Drafted Length of Session When the Legislature adjourned sine die on March 20th, it had been in session for 75 days. The 2020 legislative session was twenty days less than the previous session and the shortest since 2016. Length of Recent Sessions (Days) 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 75 95 80 80 75 89 74 88 81 88 [6] Rules Review At the beginning of each legislative session, the Legislature takes up the important task of re- viewing all pending fee, pending non-fee, and temporary rules that have been promulgated by state agencies. The Legislature can prevent pending rules from going into effect, as well as pre- vent final rules from remaining in effect, by rejecting them. Pending fee rules go into effect only if the Legislature approves them. Temporary rules expire at the end of the legislative session unless approved by the Legislature. Prior to the expiration of administrative rules on July 1, 2019, the Governor’s Office re-promul- gated rules for all agencies and departments. As a result, the Senate and House of Representa- tives were each asked to review 294 individual rulemaking dockets, totaling 9,496 pages, during the 2020 legislative session. This figure is up significantly from the 239 dockets, totaling 1,766 pages, reviewed during the 2019 legislative session. Certain House and Senate committees rejected rules or parts of rules, but the Legislature as a whole did not reject these rules. The Legislature did not approve any pending fee rules or tem- porary rules, which therefore expired upone sine die. The Legislature also did not pass legisla- tion that would have extended administrative rules set to expire on July 1, 2020. [7] 2020 Legislative Action on Major Issues Agriculture H 406 FEMALE GENITAL MUTILATION OF A CHILD – Provides that giving permission to al- H 356 BEEF CATTLE – Provides that oper- low female genital mutilation of a child and re- ations electing to utilize a web-based nutrient moving a child from the state to effectuate female management planner housed with the Idaho genital mutilation shall be felonies and to provide State Department of Agriculture are consenting to that a fine may be imposed for female genital allow plans to be housed with the department mutilation of a child. and specifies that information provided and gen- erated in using the planner shall be kept confi- H 427 STATE BOARD OF CORRECTION – dential and shall be exempt from disclosure. Revises the crimes for which the Commission of Pardons and Parole has granted a commutation S 1248 SEED AND PLANT CERTIFICATION or pardon that shall be subject to approval or dis- – Removes the requirement that the Idaho Agri- approval by the Governor. cultural Experiment Station use the administrative rules process to set standards and requirements H 431 CHARITABLE ORGANIZATIONS – for seed certification. Public and industry input in Provides that the Attorney General’s Office shall setting seed certification standards through the have duties and enforcement authority for the Idaho Crop Improvement Association will remain protection of charitable assets and organizations. in place. H 432a CRIMINAL JUSTICE INTEGRATED S 1294 DOMESTIC CERVIDAE – Provides DATA SYSTEM ACT – Establishes the Criminal Jus- that fees imposed on domestic cervidae shall be tice Integrated Data