2020 Legislative Update: Final – Week Eleven

Buzz topics for the FINAL week – week 11 of Idaho’s 2020 Legislative Session include the second amendment, Constitutional Amendments,  Idaho families, right to life, business and commerce, and more.

Second Amendment

Earlier this session Representative Zito introduced House Bill 516, a bill to eliminate a restriction on certain individuals carrying concealed guns in Idaho cities. In the Senate, it was sponsored by Senator Rice. H0516 passed the Senate floor and has been sent to the Governor’s desk. 

Family Matters

House Bill 509, also known as The Idaho Vital Statistics Act, was introduced earlier this session by Representative Young. This legislation prohibits the changing of information on a birth certificate. This includes the sex that is listed, which under current law can be amended to match a person’s gender identity. This legislation previously passed the House and this week passed on the Senate floor, sponsored by Senator Vick. It has been sent to the Governor’s desk. 

A second bill regarding sex changes on a birth certificate, Senate Bill 1387, was introduced by Senator Martin recently. This bill would have required minors to get a professional’s note (psychiatrist, doctor, etc) attesting the circumstances that require a need for the change of the sex marker on the birth certificate of a minor before the Department of Health and Welfare would be allowed to make a change on the birth certificate. This bill was previously sent to amending order by the State Affairs committee. It was brought up in the committee of the whole, which resulted in a recommendation as amended. However, afterward, when it came up for a third reading on the floor it was referred to 14th order for amendment again. 

House Bill 522, introduced by Representative Young, states that database companies that contract with schools to provide online education materials for minors would be prohibited from including obscene and sexually explicit materials in those databases. This bill previously passed the House and this week was passed on the Senate floor, sponsored by Senator Mortimer, and was sent to Governor Little.

House Bill 500, by Representative Ehardt and sponsored by Senator Souza in the Senate, prohibits boys and men who are taking measures to transition to the opposite sex from playing on girls and women’s sports teams. This bill was amended in the Senate to strengthen and clarify some of the details and then passed on the Senate floor. The House confirmed the amendments and H0500 was sent to the Governor’s desk. 

Right to Life

Earlier this session Representative Vander Woude introduced House Bill 578 (the previous version was H0519) also known as Simon’s Law. This bill protects and reinforces parental rights in health care by requiring that a doctor who orders to end life-sustaining treatment for a child must notify parents of this intent 48 hours before the order is fulfilled. It was sponsored by Senator Den Hartog in the Senate and passed on the Senate floor. H578 has also been sent to the Governor’s desk. 

Senate Bill 1385, sponsored by Senator Lakey and introduced by him earlier this session, previously passed the Senate floor. This legislation would make abortion illegal in Idaho if/when the Supreme Court decision of Roe versus Wade is overturned or when the U.S. Constitution is amended to return decision making power regarding abortion back to individual States. There would be an exception for abortions in the cases of rape, incest, and life of the mother. This is called a “trigger” bill because it would go into effect only when triggered by a reversal of Roe versus Wade or Constitutional amendment. This week S1385 passed the House State Affairs Committee and the House floor, sponsored by Representative Blanksma, and was sent to Governor Little.

Constitutional Amendment – Warrantless Arrests

Senate Joint Resolution 104, sponsored by Senator Burgoyne, proposed to amend the Idaho Constitution to allow warrantless arrests under certain conditions. This bill was passed by the Senate State Affairs Committee a few weeks ago and failed on the Senate floor during this last week of the session. 

Business and Commerce

House Bill 515, sponsored by Representative Monks and Senator Anthon, adds regulations and restrictions to medical debt collection agencies. It requires that these debt collectors send notices of billing at certain times, and establishes reasonable fees and expenses for debt collecting services. This bill previously passed the House and Senate floors and was signed by Governor Little during this last week.

House Bill 440 by Representative Scott, previously passed the House and Senate floor, with amendments in the Senate. This bill removes from public entities the ability to select an individual for employment, school enrollment, or contract by using discrimination based on specific characteristics. These include race, sex, color, ethnicity, and national origin (selection based on these characteristics is called affirmative action in some circumstances). The House concurred with the Senate amendments and confirmed their passing vote for the bill. H0440  has been sent to the Governor’s office.

Total Bills signed into law as of this week:

Senate Bill 1249, an act to create a specialty “Choose Life” license plate which includes the image of a man holding an infant, was signed into law this session by Governor Little. This bill was sponsored by Senator Bayer and Representative Crane. When an individual is purchasing a license plate they will now have the option of the Choose Life license plate. If selected, some of the cost of the plate will be donated to the non-profit Choose Life Idaho and the Pregnancy Centers they support.

House Bill 406, by Representatives Troy, Giddings, and Senator Lee, also became law this session after being signed by the Governor. This bill adds and increases penalties for crimes relating to female child genital mutilation. This bill adds to the prohibition of female child genital mutilation that was passed by the Idaho legislature last year. 

House Bill 515, sponsored by Representative Monks and Senator Anthon, adds into state law regulations and restrictions to medical debt collection agencies. It requires that these debt collectors send notices of billing at certain times, and establishes reasonable fees and expenses for debt collecting services. This bill passed out of the Senate State Affairs Committee this week after previously passing the House Floor. 

Total Failed legislative measures this week:

Senate Joint Resolution 104, sponsored by Senator Burgoyne, proposes to amend the Idaho Constitution to allow warrantless arrests under certain conditions. This bill was passed by the Senate State Affairs Committee but failed on the Senate floor during the last week of the legislative session. 

House Bill 455 by Representative Scott, regarding Child Protective Service reporting, failed in the House this week. This bill would have removed the misdemeanor penalty for individuals who suspect circumstances of child abuse and do not report it. Currently, Idaho has a mandatory reporting law for child abuse, which means everyone is required to report suspected neglect and abuse and if a report is not made a misdemeanor is charged against the individual who didn’t report. 

This week a second bill regarding sex changes on a birth certificate, Senate Bill 1387, was introduced by Senator Martin. This bill requires minors to get a professional’s note (psychiatrist, doctor, etc) attesting the circumstances that require a need for the change of the sex marker on the birth certificate of a minor before the Department of Health and Welfare would be allowed to make a change on the birth certificate. This bill passed out of the Senate State Affairs Committee and was sent to the amendment order on the floor. Went through committee of the whole, reported out without recommendation as amended, referred to 14th order for amendment again. 

Senator Lakey introduced a pro-second amendment piece of legislation this week, Senate Bill 1384. This bill would allow employees of a school district to conceal carry a gun on school property. S1384 was sent to the Senate State Affairs Committee. Testimony was heard on Wednesday in the Senate State Affairs Committee and carried over to Friday’s Committee meeting. The bill failed in committee by one vote.

After reading this, do you have any questions? If so, we encourage you to use our “Contact Your Representative” Tool to send an email to your representative with any questions, concerns, or even to express your appreciation.

We hope you will join us in the watchful care of the privileges we enjoy as citizens of this great state and nation.