Capitol Letters: Bill to repeal anti-militia law advances in Senate

By Ryan Suppe, State Politics Reporter

The Senate yesterday cleared a bill that would repeal a longstanding state law prohibiting private militias and paramilitary organizations.

The Idaho National Guard last year introduced similar legislation as part of an effort to clean up unused state laws. The anti-militia law is currently not enforced, but legal experts say removing the statute would limit obstructions to private militias. Similar statutes have been used to prosecute paramilitary activity in other states.

The new version of the bill is sponsored by Sen. Dan Foreman, R-Moscow, who said yesterday that repealing the statute would protect constitutional rights to assemble and bear arms.

“We will unfortunately always have those among us who will break the law and seek to cause unrest,” Foreman said. “However, the response to that should be one of due process. Our response should not be based in fear that leads to the abridgment of constitutional rights.”

Attorneys with Stoel Rives, a Boise law firm, and Georgetown University Law Center’s Institute for Constitutional Advocacy and Protection wrote a letter to legislative leaders opposing an earlier version of Foreman’s proposal.

The U.S. Supreme Court and other lower courts have upheld similar anti-militia statues in other states against First and Second Amendment challenges, the letter said.

Read my full story here.

School voucher roller coaster continues with new bill

After the failure of two other proposals directing public funds to private school tuition, Sen. Lori Den Hartog yesterday introduced a bill that would add tuition expenses to an existing state grant program.

The Empowering Students grant program, created last year, offers subsidies for education expenses, like computer hardware, books and exams. The program originally was advertised as a way to help students who experienced learning losses during the COVID-19 pandemic.

Den Hartog’s new bill — which is co-sponsored by Senate President Pro Tem Chuck Winder, R-Boise, and Rep. Wendy Horman, R-Idaho Falls — would add private school tuition to the list of allowable grant expenses.

The $6,000 grants would be limited to 2,000 students, prioritized starting with low-income families. The cost is estimated at $12 million annually, and the “pilot program” would sunset after five years. The bill would also allow grants for “microschools,” small-group private schooling that gained popularity during the pandemic.

Following a brief discussion yesterday, the Senate State Affairs Committee voted along party lines to introduce the bill.

Den Hartog noted that the bill would go to the Senate Education Committee for a hearing. That committee last month supported a bill to create a far more expansive school voucher program that would have offered roughly $6,000 grants to all non-public school students, with no income or enrollment caps.

Den Hartog’s proposal was originally scheduled for introduction in the House Education Committee the same day the committee rejected a similar voucher proposal from Rep. Lance Clow, R-Twin Falls.

Failed attempt to cut jobs at Hispanic affairs commission

The Idaho Commission on Hispanic Affairs will maintain full staffing, despite an attempt by a North Idaho Republican to defund two-thirds of staff salaries.

Budget-setting lawmakers yesterday approved $504,700 in state general funds for the commission, but not before Sen. Scott Herndon, R-Sagle, tried to trim $300,000 from the budget and cut two of the group’s three full-time jobs. Herndon said the commission should seek private funding, similar to Idaho Public Television, which is primarily funded through private donors.

“I don’t see any other groups that we’re appropriating full-time equivalent positions to represent minority groups ... at this level,” Herndon told the Joint Finance-Appropriations Committee yesterday.

Herndon’s motion failed on a 5-13 vote.

Sen. Dave Lent, R-Idaho Falls, said he’s been impressed with the commission’s work supporting Hispanic youth. He noted one in five Idaho public school students are Hispanic, and the demographic continues to grow.

“This is a special population, and I believe this commission does great work,” he said.

What to expect today

• 8 a.m. House Education. A public hearing for a bill from Rep. Barbara Ehardt, R-Idaho Falls, that would define abstinence as absence of any sexual activity is on the agenda.

• 9 a.m. House State Affairs. The committee is scheduled to host hearings on two bills that would restrict absentee voting.

• 1:30 p.m. Senate Commerce and Human Resources. A public hearing for Gov. Brad Little’s proposal to offer $8,500 grants to Idaho students seeking training for in-demand careers is on the docket.

• 3 p.m. Senate Health and Welfare. The committee is scheduled to host a hearing on a bill that would offer incentives to nurses who seek jobs in rural areas.

Find the full list of committee meetings and agendas for the House here, and for the Senate here.

What else happened?

The House was off Monday, as many lawmakers attended funeral services for former Idaho Rep. Dell Reybould. The 18-year legislator from eastern Idaho and father of current Rep. Britt Reybould, R-Rexburg, died last week, the Post Register reported.

Track other bills

Keep track of high-profile bills as they go through the legislative process. You can find yesterday’s updates here.

Correction: Yesterday’s newsletter incorrectly reported the number of Republicans who voted against the firing squad bill. Five Republicans opposed it Friday.

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