Sine Die or to adjourn with no appointment to resume took place in both legislative bodies last Thursday completing the Second Regular Session of the 66th Idaho Legislature.  All things considered it was a very smooth session this year, accurately historic by many accounts.  The year started out with a historic boon of a $1.9 billion budget surplus, enabling Idaho to make record investments in critical areas while cutting taxes at the same time.  Idaho’s much needed infrastructure needs were met with a $500 million investment in road and bridge repair, maintenance, and new construction.  Likewise, $325 million was invested in water infrastructure and quality.  In his concluding remarks on session, Governor Little said it best, remarking that “the steps we’re taking today to use our record budget surplus to pay off state building debt, start clearing out needed repairs in our infrastructure, and paying cash for big projects means we’ll save Idaho taxpayers tens of millions of dollars down the road.”

House Bill 436, the storied tax relief bill, is the first bill to clear the legislative process of 2022.  In short, the bill lowers income tax rates, lowers the corporate income tax retroactively, and returns approximately 12% of 2020 Idaho personal income tax to each taxpayer.  All majority caucuses and the governor are raising the banner of credit and victory on this rare piece of political unity in the legislative landscape.  LAW

Stopping, inspection, exception S1267 clarified Idaho Transportation Department stopping and inspection authority at check stations (ports of entry, weigh stations, and temporary check stations) by exempting non-commercial vehicles under 26,000lbs.  This law change would more accurately reflect current practice.  ICA brought up concerns about the need to be able to stop all trailers in the event of animal disease outbreaks, ongoing theft investigations, and training or routine checks which was added in this legislation to better enable a state-owned inspection station to require all trailers to stop at stations when requested.  LAW

State lands, exchange S1251 defines responsibilities of the Land Board when contemplating land exchanges with the federal government, and it provides for continuation of existing land uses after exchanges as approved by the Land Board. Upon land exchanges and transfer from federal to state ground, this legislation would ultimately require a permit be issued by the state instead of a lease so that it is consistent with the federal grazing preference.  It would, therefore, take said land out of the state’s subsequent competitive bid process.  ICA did not take a position on this legislation, primarily due to the question of whether the language is constitutional. Ultimately, with lack of industry support the bill did not see a committee hearing.

Taylor Grazing Act S1252 attempts to define grazing preference rights, in order to clarify that grazing preferences are compensable property rights and, additionally, require for compensation for any lost preference as a taking of real property if there is a sale, exchange, or otherwise disposed of and conveyed to the state of state grazing lease/land.  S1252 provides more of an opinion piece that many not be able to accomplish its intent.  However, S1252 could strengthen a plaintiff’s claim of takings because the state can define what constitutes a state property right.  ICA did not take a position on this legislation primarily due to the question of legal requisite.  Ultimately, with lack of industry support the bill did not have a committee hearing.

CAFO Improvement Fund H559 makes a fund available to support investments in environmental projects on CAFOs to improve livestock byproduct, waste, nutrient and water management, its land application and storage systems.  Currently, the Agricultural Best Management Practices (BMP) Fund, I.C. 39-3628A, supports investments in farm and ranch projects that improve water quality standards in impaired water bodies in Idaho.  Confined animal feeding operations (CAFOs) are not eligible for these projects because CAFOs do not directly discharge to water bodies.  This legislation would make CAFO’s eligible for funds to improve their nutrient management and establish a board which awards grant for the fund that currently is proposed by the governor to be $5 million.  H559 establishes a committee to review and award grants.  The legislation also clearly outlines criteria for the committee to use while selecting recipients of the grants.  LAW

Department of Lands Ombudsman H587 would have created a new Ombudsman position to the Idaho Department of Lands appointed by the governor to ensure new department hires have significant industry experience, provide instructions to appraisers, and select, hire, and oversee legal counsel and industry experts on behalf of the department.  H587 died from a lack of hearing due to concerns.

Stockwater H608 further clarified the procedure to be used by the State of Idaho prior to an order declaring certain stockwater rights to be forfeited under I.C. Sec. 42-222 for failure to put the rights to beneficial use.  H608 outlines the judicial process and provides a timeline to execute it under.  LAW

Fences, Barbed Wire 1345 would have revised provisions for careless exposure of barbed wire fences, provisions regarding a property owner’s liability after receiving notice, and adjusts penalties.  ICA leadership met with Idaho Grain Producers Association leadership and bill sponsor Senator Mark Harris to discuss positive steps in creating accountability for landowners and livestock owners as neighbors.  The bill would have added the language of disrepair in the exposure to barbed wire section of code, require responsible party to repair within 7 days, and create a three-tiered penalty structure which consists of $150 and $300 infractions respectively before a misdemeanor violation.  S1345 passed the Senate unanimously but was held in the House Agricultural Affairs Committee despite having the support of the Idaho Grain Producers Association, Idaho Farm Bureau, Idaho Cattle Association, Idaho Wool Growers Association, Food Producers of Idaho, Idaho Prosecuting Attorneys Association, Idaho Sheriffs Association, and every legislator who is actively involved in agriculture.  Six House Agricultural Affairs Committee members voted to hold the bill in committee effectively killing the legislation for 2022.

Rural Veterinarian Loan Repayment Program S1344 creates the “Rural Veterinarian Loan Repayment Program.” Money allocated to the fund would pay education debts for veterinarians committing to provide care primarily to large animals in a rural area. Payments would be capped at $25,000 per year up to a maximum of $75,000 per qualified applicant.  A fund and seven-member review board would be established.  S1344 was held in the Senate Agricultural Affairs Committee last week, today new version of the bill was printed.  However, and new Rural Veterinarian Loan Repayment Program S1380 was reprinted with minimal changes clarifying review committees role and extending it an additional year of commitment.  S1380 passed the Senate Agricultural Affairs Committee and the Senate floor.  The bill was ultimately voted on to be held in committee in the House Agricultural Affairs Committee.

Attorney General Lands Counsel S1372 would have changed the relationship of the Office of the Attorney General with the State Board of Land Commissioners (Land Board) and the Idaho Department of Lands. It allowed the Land Board and the Department of Lands to hire independent counsel in consultation with the Director of the Department of Lands. The independent counsel may hire additional attorneys or contract with the Office of the Attorney General. This legislation does not affect the Attorney General’s position on the Land Board and passed the Senate but ultimately did not receive a hearing in House State Affairs Committee, killing the bill for the year.

Legislature Adjournment 1239aa identified a "not to exceed" sine die date, it will help the Legislature to be more deliberative and timelier in doing the people’s business. Exceptions to address a gubernatorial veto and declared disaster and emergency events are provided for. In addition, with the passage of a concurrent resolution by both the Senate and the House the session can also be extended.  In layman’s terms the bill says that the legislative session will end on the last Friday of March unless it is voted by a 2/3rds majority to extend it.  An argument can be made that this legislation is the most important bill for not only Idaho agriculture but the well-being of all of Idaho and its representation by a citizen legislature.  The bill passed the full Senate but did not receive a hearing in the house.

The Joint Finance and Appropriation Committee (JFAC), as always, was the most critical element of the legislature reviewing and producing a balanced budget for the legislature to vote on somewhere betwixt the Governors recommendation and the legislative bodies appetite.  Key budgets for the cattle industry received even funding or enhancements including Office of Species Conservation, Idaho Department of Lands fire, and the Wolf Depredation Control Board.  Likewise, a supplemental appropriation, which increased the spending authority of the State Board of Education to match Idaho Cattle Foundation funding recommendations was put into place to help provide for livestock education program grants for the state.

As the dust settles and legislators settle back into there everyday lives or campaign mode, I believe most reasonable people will reflect on this session as a positive one.  Yes, there was certainly the headline grabbing issues that legislators both passed and killed, but I would just encourage you in your discouragement of some of those issues to remember this is still politics!  So get out and vote on May 17 in Idaho’s Primary Election where the difference is made for our state.