HFI Bill Update
We’re already halfway through the legislative session and want to keep you updated on the bills we’re tracking. While many more bills in the Capitol impact our families in various ways, our organization focuses solely on parental rights, bodily autonomy, and health freedom.
Feb 2023 Update
House Bill 2
Bruce Skaug
| NO FUNDS FOR ABORTION ACT – Amends, adds to, and repeals existing law to provide for the withholding of sales and use tax revenues from local government entities that defy state law and refuse to investigate or enforce Idaho criminal abortion statutes. |
Local govt forfeits sales and uses tax revenue if they defy state law and refuse to enforce Idaho criminal abortion statutes.
House Bill 20
Herndon and Scott
This legislation amends Section 16-1607 related to reporting abuse, neglect, or the abandonment of children under the Child Protective Act. Currently, a person who reports allegations to CPS that they know to be false or reports allegations in bad faith or with malice is subject to civil liability to the parties against whom the report was made. This legislation retains the civil liability and adds a misdemeanor criminal penalty for these types of reports.
House Bill 22
Bruce Skaug
This bill withholds sales and uses tax revenue distributions to city or county governments that take actions, such as proclamations, to refuse to enforce any felony listed in Idaho criminal code. Some local governments may take it upon themselves to defy state law by refusing to enforce Idaho criminal codes. This bill allows a remedy to prevent ongoing or future lawlessness. The local government entities have 180 days from the state tax commission holdback to rescind their proclamation or other actions. Should they not, said funds will be returned to the General Fund
House Bill 26
Marco Erickson
This legislation amends Section 16-2428, Idaho Code, regarding confidentiality and disclosure of information records. It seeks to clarify Idaho Code to include situations when a parent or guardian seeks Medicaid coverage information. It adds that accessing services and support for the child is a necessary reason to obtain medical records as well
House Bill 27
Charlie Shepard
The purpose of this act is to stop any discrimination in the workplace based on the vaccination status of an employee as it pertains to the Coronavirus or other emergency-authorized vaccines.
House Bill 35
Steve Berch
This bill prohibits targeted residential picketing. Any person who engages in picketing or otherwise demonstrates in front of a person’s residence or dwelling with the intent to harass, harm, annoy or alarm another person commits target picketing.
House Bill 47
Representative Marco Adam Erickson, Representative Barbara Ehardt, Representative Richard W. Cheatum, Senator Geoff Schroeder, Senator Treg Bernt
SOP: This legislation amends Section 74-101, Idaho Code, regarding public records. This bill seeks to align Idaho Code with Idaho Court decisions regarding the protection of personal privacy weighed against the public right to access. Idaho values the personal privacy of all citizens and wants to ensure no citizen is further exposed or left in a vulnerable position due to the release of information.
(16)(a) “Unwarranted invasion of personal privacy” means: 19 (i) Disclosure of information used to identify, locate, or harass 20 a juvenile, a victim of an alleged crime of mass violence or domes21 tic violence, or a victim of physical or sexual abuse; or 22 (ii) Disclosure where the release of information is likely to violate 23 legitimate and substantial privacy interests of the person identified when such interests are weighed against general public curiosity. 26 (b) Release of the name, age, sex, and hometown of any deceased person 27 after notification of next-of-kin shall not constitute an unwarranted 28 invasion of personal privacy. It shall be disclosed unless otherwise 29 exempt under this chapter.
House Bill 63
Skaug and Young
COUNSELORS AND THERAPISTS – Adds to existing law to provide that no counselor or therapist will be required to counsel or serve a client regarding goals, outcomes, or behaviors that conflict with the sincerely held principles of the counselor or therapist.
House Bill 64 / House Bill 121
Julianne Young: printed and sitting in H&W
RESIDENTIAL CARE AND ASSISTED LIVING – Amends existing law to provide that a residential care or assisted living facility resident shall be entitled to in-person visitation subject to certain precautions.
(20) In-person access rights pursuant to subsection (7)(a) and (b) of this section may be subject to certain precautions consistent with those required to be taken by staff and other facility personnel in order to be in similar proximity to a resident as a visitor would be, including:
(a) Requiring a visitor to submit to health screenings necessary to prevent the spread of infectious diseases;
(b) Restricting a visitor who does not pass a health screening requirement or who has tested positive for an infectious disease;
(c) Requiring a visitor to adhere to infection control procedures, including wearing personal protective equipment; and
(d) Limiting the number of persons in a room at one time pursuant to occupancy laws and the normal visitation policy
House Bill 66
Herdon and Scott
SOP: This legislation creates a new section of Idaho Code, 18-5415, related to reporting abuse, neglect or the abandonment of children under the Child Protective Act (CPS). Currently, a person who reports allegations to CPS that they know to be false or reports allegations in bad faith or with malice is subject to civil liability to the parties against whom the report was made. This legislation adds a misdemeanor criminal penalty for these types of reports.
CRIME – Adds to existing law to provide that reporting child abuse, abandonment, or neglect falsely or in bad faith is a misdemeanor.
House Bill 69
Monks
SOP: On April 7, 2021, Governor Little issued executive order 2021-04 which essentially prohibited the state of Idaho from requiring proof of vaccination to receive or access state services and facilities. This legislation codifies and expands the Governor’s executive order and provides that individuals will not be required to provide proof of vaccination or negative test results to: apply or receive services provided by the state; enter a government venue, or be hired or maintain employment with the state with some exceptions.
House Bill 71
Rep Skaug, Sen Den Hartog
Passed House 58-12-0, waiting for Senate committee assignment
Chloe’s Law
SOP: The Vulnerable Child Protective Act would amend the existing state ban on female genital mutilation to also include puberty blockers, cross-sex hormones, and sex reassignment surgeries when administered to children struggling with gender dysphoria. Like FGM, these medical interventions are almost always irreversible; some render the patient sterile or with lifelong sexual dysfunction, while others unnecessarily mutilate healthy body organs.
House Bill 72
Jeff Ehlers
Sudden Cardiac Arrest:
This bill is to encourage greater access of automatic external defibrillators (AEDs) in public by removing unnecessary regulations for persons or businesses that have an AED. It adds stronger immunity protections (commonly called “Good Samaritan laws”) for AEDs
House Bill 73
Julianne Young and Marco Erickson
This bill clarifies that licensed counselors can work in Idaho drug courts and mental health courts, even if the counselors have a past criminal conviction. Current rules at the Department of Health and Welfare prohibit licensed counselors with certain convictions from serving clients in those courts. So this bill gives DHW direction to remove the prohibition specifically for professional counseling services through Idaho’s treatment courts.
House Bill 82
Jacyn Gallagher
This legislation aims to ensure the Citizens of Idaho and health Practitioners maintain unregulated access to Vitamins and Supplements.
IDAHO DIETARY SUPPLEMENT ACT – Adds to existing law to enact the Idaho Dietary Supplement Act, which provides that the production, marketing, distribution, sale, and use of dietary supplements that were legal as of July 1, 2022, in Idaho shall remain legal in Idaho, regardless of any changes to federal law or regulation.
House Bill 95
Rep Jack Nelson, Sen Phil Hart
This legislation amends Idaho Code 25-2703 regarding commercial animal feed to allow animal remedies intended for pets and equines to contain ingredients from industrial hemp as defined in Idaho law. This legislation does not legalize industrial hemp ingredients being included in the production of animal feeds.
House Bill 114
McCann-R, Matthias-D, Galaviz-D
Idaho Code 18-916 currently prohibits the abuse of public school teachers. This bill would expand these protections to cover all public school employees. It would also clarify Constitutionally-vague language that currently exists in statute
18-916. ABUSE OF SCHOOL TEACHERS AND EMPLOYEES. (1) Every parent, guardian, or other people who upbraids, insults or abuses any teacher of the public schools, in the presence and hearing of a pupil thereof, abuses a public school employee while the employee is acting within the course and scope of the employee’s duties is guilty of a misdemeanor.
(2) For purposes of this section:
(a) “Abuse” means to willfully and maliciously threaten, harass, coerce, or intimidate. The term “abuse” shall not be construed to include mere criticism or other constitutionally protected speech or activity. Rather, the term “abuse” refers to conduct that would cause a reasonable person substantial emotional distress or fear of physical injury.
(b) “Public school employee” means a person directly employed by a school district or public charter school. The term “public school employee” includes administrators, instructional staff, and pupil service staff but does not include an independent contractor as defined in section 72-102, Idaho Code
House Bill 145
Gannon
SOP: Present law requires “medical attendance” for a spouse in Idaho Code 18-401. It also requires “medical attendance” for parents or guardians with children except when prayer or spiritual means alone is chosen as a remedy. This legislation eliminates the faith healing exception to align parents duties to children with the duties of spouses.
Senate Bill 1005
Herndon
HFI’s bill! IMMUNIZATIONS – Amends existing law to require that daycare facilities provide citations to the immunization exemption law in communications with parents.
Senate Bill 1009
Dan Foreman
Adds new chapter to HFA SOP: This legislation creates a revised section to Chapter 90, Title 39, Idaho Code, relating to Health Rights. The revised section is to be known as Section 39-9004. This section establishes health rights under the law for medical patients, their family members, and legal guardians. This legislation will help ensure fairness of treatment, enhance patient awareness of medical treatment options, and install patient safeguards with respect to requirements for informed consent and the use of experimental drugs. This legislation will place necessary and expected restrictions on state and local government as to governmental authority with respect to the advertising of certain types of medicines or vaccines and the imposition of personal restrictions on Idahoans relating to widespread medical situations.
Senate Bill 1012
Sen Carl Bjerke
Adds a new Ch 8 to Title 39 The legislation seeks to amend Title 39, Idaho Code, by adding a new chapter that provides for a “Patient’s Right to Visitation”, where Idaho families will have the fundamental right to visit their loved ones who are receiving care in hospitals, hospices, and long-term care facilities. No health care facility in Idaho may require a vaccine as a condition of visitation and every health care facility must allow their residents and patients to be hugged by their loved ones. Furthermore, this right of visitation cannot be waived by an emergency declaration.
Senate Bill 1018 / Senate Bill 1093
Tammy Nichols, Judy Boyle
This legislation amends section 37-115 of Idaho Code to prohibit certain conduct regarding food that contains a vaccine or vaccine material without notification of the presence of the vaccine or vaccine material in the food.
Senate Bill 1028
No sponsor listed ???
HEALTH – Amends, repeals, and adds to existing law to revise provisions regarding reports and investigations of maltreatment of vulnerable adults. It appears to consolidate definitions and language under ‘maltreatment’.
Senate Bill 1029
Lenney
A new section is added to Idaho Code (16-1618A) to prohibit investigations and court orders terminating a parent’s relationship with their child based on the child’s immunization status.
JUVENILE PROCEEDINGS – Amends and adds to existing law to prohibit a child protection investigation based on a child’s immunization status and to provide that a court shall not grant an order terminating a parent and child relationship based on a child’s immunization status.
Senate Bill 1050
Herndon
CPS SOP: This legislation amends Idaho Code to notify parents or guardians of their legal rights with respect to child protection investigations.
Senate Bill 1095
Linda Wright Hartgen
CPS SOP: In Idaho, local law enforcement and the Idaho Department of Health and Welfare (Idaho H&W) have different but vital roles when investigating and resolving complaints of child abuse. Idaho Code requires that when a person reports child abuse to law enforcement, the law enforcement agency notifies Idaho H&W of the reported abuse. However, there is no reciprocal requirement in Idaho Code for Idaho H&W to notify law enforcement when they are notified, and law enforcement is not.
This failure to send information from Idaho H&W to law enforcement means serious child abuse investigations may be delayed or even missed completely in some jurisdictions, which creates a danger for Idaho’s abused children.
Senate Bill 1099
Ben Toews
Privacy and Parental Rights (basically an answer to the Boise SD / BSU survey)
SOP: This bill protects students and families from government intrusion into personal and private matters and additionally provides transparency to parents regarding school activities.
Senate Bill 1102
Ben Toews
Parental Rights reinforced through transparent communication between parents and schools:
SOP: This legislation would update Title 33 Chapter 60, in the Idaho code regarding parental rights. It reinforces the fundamental rights and responsibilities of parents or legal guardians as primary stakeholders to make decisions regarding their child’s upbringing. This legislation encourages transparent communication between parents and schools.
There are other bills pertaining specifically to education, homeschooling, school choice and parental involvement. We’re so grateful for the other watchdog organizations that help hold our government accountable and analyze bills for unintended consequences. It’s crucial to have diverse perspectives and insights, and we value their contributions to our shared goal of protecting our families and communities.
