Legislative sessions in Idaho, Montana and Washington are more than a month old, and we are getting a rough idea of what could be in play as the finish line comes into sight.
Before the legislative sessions began, we gave policymakers ten policy ideas they could pursue in the upcoming session. So far, roughly half of the recommendations have been introduced as legislation.
Expand education choice options for families
Bills have been introduced in Idaho, Washington, Wyoming and Montana for Education Savings Accounts. Montana also has legislation that calls for expansion of a tax credit scholarship program. Education freedom does not mean dismantling typical public schools. As the West Virginia Supreme Court recently ruled, policymakers can do both.
Relevant legislation:
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Require government meetings be live-streamed/recorded
While there is no legal requirement for government agencies to live stream their meetings, legislators might want to consider the requirement as part of their open public meeting laws. Families are busy. They don’t always have the time to show up to a council or government agency meeting and spend four hours sitting through a long agenda. Furthermore, live stream meetings that are recorded provide citizens with an archive of what happened at the latest meeting. It is another way to hold elected officials accountable.
Relevant legislation:
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Continue and expand the use of remote testimony
For decades, those living long distances from a state capitol had to brave icy conditions, closed passes or expensive flights to participate in the legislative process. But things changed during the COVID pandemic. Most states expanded remote testimony options. Remote testimony is now more broadly accepted than ever before. In the 21st century, there is no excuse for not allowing all citizens the opportunity to be involved in their government via technology. Remote testimony allows citizens the opportunity to give legislators their opinion on a policy being considered by any committee, without the hassle and cost of traveling to the state capitol.
Relevant legislation:
No legislation, but lawmakers have continued the use of remote testimony.
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Ensure a legislative role in emergency powers
Throughout the COVID-19 pandemic, the nation experienced executive overreach at both the federal and state level. In Washington state, for example, Governor Jay Inslee once famously claimed he was the only person in the state who had the capability to save lives. There’s no question that in a real emergency, governors need broad powers to act fast. Legislative bodies take time to assemble, so they can temporarily transfer their powers to the executive in an emergency. But when problems do last for extended periods, it is the responsibility of the legislatures to debate risks, benefits and trade-offs of various long-term approaches. Lawmakers may end up passing the very policies a governor would prefer, but they do it after deliberation as representatives of the people and do it in a public process.
Relevant legislation:
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Slow the ballooning cost of Medicaid exapansion
It has been four years now since voters in Idaho passed Medicaid expansion via ballot measure in a campaign pushed by Reclaim Idaho. It has been two years since the program was implemented. What are the results? There were promises of limited enrollment – 60,000. The latest numbers show more than double the projection and more than 1 in 4 Idahoans now enrolled. There were state-sought waivers to make changes to the program for the betterment of Idaho. Four were requested, and only one has been approved. How can lawmakers begin to rectify the situation with Medicaid? Idaho lawmakers can reject additional federal funding which, in turn, will limit the federal government’s role in Idaho’s program.
Relevant legislation:
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There are still other policy ideas on the table that have not been introduced in any chamber.
It is clear, if Idaho and Montana are going to remain competitive (especially in the west), they need to consider further lowering their income tax rates, which are still relatively high. Montana has introduced a bill to lower the state's income tax, but it is not tied to future reductions based on revenue triggers. For example, if the state revenue consistently comes in at a rate higher than expected, the tax rate would automatically be lowered. This could negate the need for any special or extraordinary sessions of the legislature to address tax reductions as they would kick in at certain revenue levels. About a dozen states have tax triggers. The Tax Foundation says, “well-designed triggers limit the volatility and unpredictability associated with any change to revenue codes, and can be a valuable tool for states seeking to balance the economic impetus for tax reform with a governmental need for revenue predictability.”
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School district budgets are a maze of numbers and legal jargon – if you can even find them. Unless they have an accounting degree, the average parent or taxpayer cannot take the time to read through and understand all the details. School leaders know this. So, too, do legislators. One policy idea is a Public School Transparency Act, which would require all public school districts, both on the first page of their budget and also on the front page of the district’s main website, to clearly report six simple things: (1) the total amount of dollars being spent, (2) how much is being spent per student, per year, (3) the percentage of dollars getting to the classroom, (4) the average administrator salary and benefits, (5) the average teacher salary and benefits, and (6) the ratio of administrators to teachers to students. Very little extra work would be needed to provide this data and make it assessable on paper and online. Most districts already have it hidden somewhere in their budget documents. They know where to look, whereas parents and taxpayers can get lost. This policy idea received more than 80% support in our 2022 Idaho Poll.
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Allow voters in Washington a say on state income tax
Washington state is one of the few states that has no state income tax. Washington voters have made it clear (more than 10 times) they want to keep it that way. Unfortunately, the Washington state legislature doesn’t appear to be in the mood to listen. In 2021, it passed a new 7% income tax on capital gains. The measure was, predictably, overturned by local courts in Washington as the state constitution makes it clear that property must be taxed uniformly, and courts have ruled a person’s income is their property. Now, the issue is at state Supreme Court. And, unfortunately, lawmakers have already introduced legislation to increase the tax. Instead, Washington lawmakers should allow voters the final say on this issue. Legislators should consider advancing a constitutional amendment that would allow for final clarification, simply asking voters if an income tax should be banned in the state.
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Do consumers in the Mountain States really know what they are paying when they fill up at the gas station? The answer is likely no. That’s because gasoline is one of the few products we purchase where taxes and fees are built into the price. This means there is no transparency about the true financial burden placed on consumers. When policymakers adopt gas tax hikes, there can be little to no accountability built into the system. The fix to this lack of transparency is what has been called “truth-in-labeling.”
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Open collective bargaining talks to public oversight
Collective bargaining talks are the negotiations government unions have with government officials over salaries, benefits and working conditions. Because they involve millions of dollars of taxpayer money, they should be open and transparent. This doesn’t mean the public participates in the negotiations, but the public should be allowed to observe the process. The state of Idaho knows this. Washington state, however, is a different story. While numerous attempts have been made to bring sunshine to the secretive process, government unions have resisted every step of the way in the Evergreen State – even as polls and actual ballot results continue to show overwhelming support. Ending collective bargaining secrecy and opening government union contract negotiations to the public, as other states and cities have done, is a practical and ethical way to achieve that standard.
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