Idaho House passes bill to protect unvaccinated workers

BOISE — Vaccination freedom took center stage on the House floor Tuesday, while bills aimed at the Attorney General’s Office and at future Medicaid budgets passed out of committee.

Here are some details from the day’s activities:

LET OUR PEOPLE WORK — The House voted 49-21 in favor of legislation intended to protect unvaccinated workers from hiring or employment discrimination.

House Bill 140, sponsored by Rep. Priscilla Giddings, R-White Bird, only applies to companies that contract with the state or local units of government. It prohibits the state from entering into contracts with firms that discriminate against unvaccinated workers in any way.

“Really, I wish this bill could be stronger. I wish it applied to every employer,” Giddings said during a 30-minute House floor debate. “But it’s very targeted. It just takes taxpayer money out of the equation, so taxpayer money isn’t being used to endorse 100 percent compliance (with vaccine mandates).”

Although state law indicates people can opt out of vaccination requirements for medical or religious reasons, Giddings said those exemptions aren’t always honored. Her bill recognizes their right to work and to decide what goes into their bodies.

“Let our people work, and let our people pursue happiness,” she said.

Rep. Fred Wood, R-Burley, was one of nine Republicans to oppose the bill. He said it confers special rights on a small group of individuals.

“If we pass this bill, what we as a Legislature are doing is creating a protected class in employment law,” he said. “Is that what we should be doing? I think not.”

Rep. Lauren Necochea, D-Boise, worried the legislation was too broad.

“It may be fine for 99 percent of the jobs out there, but there are a certain, small number of jobs where a person’s vaccination status can be life or death for the people they’re helping,” she said. “Imagine a cancer treatment center, where everyone who comes in for care is immuno-compromised. That’s a place where you want to make sure employees are vaccinated during a bad flu outbreak.”

Rep. Caroline Troy, R-Genesee, voted against the legislation. All other lawmakers from north central Idaho supported the bill.

It now goes to the Senate for further action.

SAVE IT FOR A RAINY DAY — The House Health and Welfare Committee gave a favorable recommendation to House Bill 209, which creates a Medicaid budget stabilization account.

Health and Welfare Chairman Fred Wood, R-Burley, noted that the federal government increased its matching rate for Medicaid services last year, at the beginning of the coronavirus pandemic. It recently extended the higher match through calendar year 2021.

Wood estimated the move will save Idaho about $55 million, compared to what it initially expected to spend on Medicaid. However, those costs will increase next year, once the federal matching rate returns to normal.

Rather than revert the $55 million to the general fund, where it can be used for any general government expense, Wood wants to put it in a new Medicaid savings account. The Legislature could then dip into those savings to pay for future increases in Medicaid costs.

“The money has to be appropriated by the Legislature,” Wood said. “I think this is a good (bill). We’ve proven in Idaho we can save money, to get through hard times without raising taxes.”

The committee supported HB 209 on a 9-4 vote. Rep. Mike Kingsley, R-Lewiston, opposed the bill, while Rep. Brandon Mitchell, R-Moscow, voted in favor. The measure now goes to the House floor for further action.

GET YOUR WALLET OUT — Legislation barring the Idaho Department of Lands from obtaining legal counsel from the Idaho Attorney General’s Office is heading to the House floor.

The move has the potential to cost upward of $1.25 million. Nevertheless, the House Resources and Conservation Committee gave House Bill 118 a favorable recommendation on a party-line vote.

Like most executive branch agencies, the Department of Lands currently receives legal representation from the attorney general’s office. Three full-time deputy attorneys general are assigned to it; the agency also receives legal advice and services from other experts within the office on an as-needed basis.

House Bill 118 would end that long-standing relationship and require the department to hire outside counsel for any legal work. The goal, according to the bill sponsor, Rep. Megan Blanksma, R-Hammett, is to ensure that the department has access to independent legal advice.

Blanksma noted that Attorney General Lawrence Wasden serves on the Idaho Land Board, which oversees the department. He also appoints the deputies who work for the department.

She thinks that creates a potential conflict of interest, because Wasden can essentially dictate that any legal advice to the department reflect his own views. HB 118, she said, creates “a layer of separation” between the two.

The fiscal note doesn’t indicate how much that separation might cost. However, it does estimate the average cost of outside counsel at $250 per hour.

Rep. Fred Wood, R-Burley, thought that was low. Even if it’s accurate, though, the measure would likely result in a substantial increase in legal expenses.

The Department of Lands was billed $382,000 for 6,500 hours of legal services last year. That’s an average of just less than $59 per hour. At $250 per hour, the same level of service would cost $1.625 million.

“And I’d be willing bet we’ll pay a whole heck of a lot more than that,” Wood said.

Idaho code currently requires the attorney general to provide legal representation to most executive branch agencies. That law was enacted in 1995, after expenditures for outside legal counsel more than quadrupled in seven year.

William L. Spence covers politics for the Lewiston Tribune. He may be contacted at bspence@lmtribune.com or (208) 791-9168.