6th District lawmakers reflect on efforts so far

BOISE — It’s been a session of highs and lows for Idaho’s 6th Legislative District delegation, with some of their bills getting shelved for the year, while others are still alive and kicking.

Rep. Mike Kingsley, R-Lewiston, had great hopes for the medical marijuana bill he co-sponsored with House Minority Leader Ilana Rubel, D-Boise.

Although the measure included some of the strictest requirements in the nation for legalizing the use of the drug, it ran up against anti-marijuana sentiments and never received a public hearing.

Similarly, Sen. Dan Johnson, R-Lewiston, saw his efforts to improve intrastate commercial air service in Idaho narrowly pass the Senate, only to be stymied in the House.

Rep. Aaron von Ehlinger, R-Lewiston, dove head-first into his freshman year. He sponsored eight bills and memorials, covering everything from tax policy to election fraud to China sanctions.

“I ran (for office) on being a working legislator,” he said. “I think effective legislators need to be able to handle a variety of issues, sometimes all at once, to best represent their constituents.”

At least four of the bills are still alive and will be taken up after April 6, when lawmakers return from a two-week coronavirus-related recess.

Whatever the final win-lose column looks like, von Ehlinger said working on so many bills his first session likely will pay dividends in the future.

“I’ve had to build relationships with colleagues on both sides of the rotunda,” he said. “Talking to people who have been there (in the Legislature), getting their ideas on what should happen, taking notes. The most important part of being an effective legislator is being able to build those relationships.”

Some of the bills sponsored by 6th District lawmakers this session include:

House Bill 311 — Co-sponsored by von Ehlinger and Sen. Regina Bayer, R-Meridian, the measure is up for consideration in the House.

As initially presented, the bill requires a 60 percent public vote before tax dollars can be spent on any public art project valued at $25,000 or more. Projects with a total value less than $25,000 — including private donations and grants — would require a two-thirds vote by the governing body of the taxing jurisdiction.

No one testified in support of the measure during a House State Affairs Committee public hearing. Rep. Jon Weber, R-Rexburg, a former county commissioner, said the bill was “heavy-handed and an overreach of state government.”

Von Ehlinger subsequently tried to amend the legislation, raising the cap to $55,000 and clarifying that it only applied to any public funds. However, lawmakers rejected the change. The unmodified bill now faces dim prospects of even making it to the Senate, much less of being signed into law.

Von Ehlinger, who has a strong interest in property tax relief, described the bill as an “experiment.” The goal was to see if there’s much appetite for making incremental changes that give the public a little bit more control over their property tax dollars.

The reaction to HB 311 suggests that isn’t a viable approach.

“If you look at how much energy was spent on that one small issue, I don’t think the piecemeal approach is worthy of our time,” he said. “I think there needs to be a comprehensive property tax plan. We need to work with our partners, get the cities and counties on board as much as we can, and build consensus.”

Von Ehlinger has been working on that kind of comprehensive approach to property tax relief. He hopes to release the details soon, although he doesn’t expect it to move forward this session.

“We get lots of emails and communications from our constituents, who want property tax relief,” he said. “I want people to know, I’m absolutely working on it.”

House Bill 108 — Co-sponsored by Kingsley and Rubel, the measure would legalize the use of marijuana for medical purposes, subject to a number of restrictions.

The legislation was written by Sgt. Jeremy Kitzhaber, a U.S. Air Force veteran with terminal cancer.

“I’ve spent years writing and editing this legislation, to make it something that would allow medical cannabis to reach those who need it, but not necessarily reach those who just want it,” Kitzhaber said during the bill introduction hearing.

The proposal would regulate marijuana like other Schedule 2 controlled substances. For example, it could only be prescribed by licensed physicians, and would only be available to Idaho residents age 21 or older who have certain qualifying medical conditions.

No growing or processing of marijuana in Idaho would be allowed.

“It would be the strictest medical marijuana bill in the country,” Kingsley said.

Although he believes a number of lawmakers support the legislation, it never received a public hearing.

Meanwhile, other House and Senate Republicans are pushing a constitutional amendment to permanently ban recreational or medical marijuana, as well as other illicit drugs, unless approved by a two-thirds vote of the Legislature.

That resolution is up for consideration on the House floor, but Kingsley thinks it will fail specifically because it creates more hurdles for medical marijuana.

“I asked them to carve out a space for medical marijuana, but I don’t think they even considered it,” he said. “If they would have, they’d have all the support they need.”

Either way, efforts to legalize medical marijuana likely are over for the year.

House Joint Memorial 1 — Sponsored by von Ehlinger, the measure passed the House on a voice vote and is up for consideration in the Senate.

The memorial accuses the Chinese government and Chinese Communist Party of “deceit, duplicity and crimes against humanity” for their handling of the COVID-19 outbreak in Wuhan last year.

“The Chinese government lied to the world about the danger and contagious nature of COVID-19, silenced whistleblowers, denied human-to-human transmission … and did little to stop the spread of the disease,” the memorial says.

“I think it’s important that we send that message out, that we hold other powers accountable for their actions,” von Ehlinger said. “I don’t think they should get a blank slate.”

Senate Bill 1103 — Sponsored by Johnson, the measure passed the Senate on an 18-16 vote and moved to the House. However, it appears to have stalled out in the House Transportation Committee.

The bill would create an “Air Travel Enhancement Program Fund” to help jump-start intrastate commercial air service in Idaho.

The bill itself didn’t appropriate any money; however, had it advanced, Johnson’s intent was to introduce a trailer bill requesting $1 million in state support. The money could be used to subsidize commercial flight for a period of time, until enough demand was created for them to be self-sustaining.

“This (funding) would send a message to the airlines that the state has a vested interest in having these airports operating and having folks traveling within the state,” Johnson told the Senate Transportation Committee.

The University of Idaho, Idaho Chamber Alliance, Idaho Retailers Association and Idaho Lodging & Restaurant Association all supported the legislation.

However, House Transportation Chairman Joe Palmer, R-Meridian, apparently isn’t a fan. Johnson said he doesn’t intend to give the bill a public hearing.

“But the session isn’t over,” he said. “We’ll be taking up some House transportation bills. I’m still holding out some hope.”

House Bill 309 — Co-sponsored by von Ehlinger and Sen. Scott Grow, R-Eagle, the measure passed the House 47-21 and is up for consideration in the Senate.

The bill updates an existing property tax deferral program, in which the state pays property taxes for qualified applicants in return for a lien on the property that’s reimbursed once the homeowner dies or sells the property.

“It’s not a permanent outlay. It’s essentially a loan,” Grow told the House Revenue and Taxation Committee. “The lien would be exercised, and the amount the state paid would be refunded. Eventually, the (ongoing) cost should be zero.”

HB 309 proposes several changes to make the program more attractive to homeowners. Qualified applicants include homeowners who are 65 or older, widows and widowers, disabled veterans and other disabled or blind individuals.

Grow and von Ehlinger co-sponsored a second bill, HB 310, which increases the circuit breaker property tax program, while adding an asset test to ensure the relief only goes to those who really need it. However, that bill appears unlikely to advance as initially presented.

Spence may be contacted at bspence@lmtribune.com or (208)-791-9168.