Committee approves alcohol‑testing rule cleanup and expands veterans cemetery eligibility; prints anti‑SLAPP proposal

The Senate Judiciary & Rules Committee approved multiple rule dockets and advanced a legislative request (RS) during its first meeting of the legislative session.

The committee accepted Idaho State Police (ISP) rule docket 11-0301-2401, a cleanup of rules governing alcohol testing, after Lieutenant Colonel Russ Wheatley, ISP rules officer, told senators the changes remove unnecessary language and clarify existing procedures without changing the rule’s intent. "Our changes do not impact this rule from our perspective," Wheatley said. The committee passed the docket by voice vote.

The committee also approved changes to IDAPA 21.01.04 that expand eligibility for burial in Idaho State Veterans Cemeteries to traditional National Guardsmen and Reservists who completed enlistments or commissions honorably but were not federally activated for 180 days or more. Mark Chample, chief administrator for the Idaho Division of Veterans Services, said newly eligible individuals who choose interment at a state cemetery must pay the cost of burial equivalent to the federal Department of Veterans Affairs plot allowance (currently $978) and the cost of a memorial marker — $400 for an upright casket marker or $250 for other marker types. Chample said the rule package also removes language redundant with Idaho Code section 65-107. The permanent rule (docket 21-0104-2402) passed, and the committee also approved the corresponding temporary rule (docket 21-0104-2401) that the division used while implementing the change.

Senator Brian Lenny presented RS 31860, described in the hearing as legislation to create an anti‑SLAPP mechanism in Idaho—an expedited procedure to dismiss strategic lawsuits against public participation, toll litigation while a court considers an anti‑SLAPP motion, and permit recovery of attorney fees for prevailing defendants. "This is a bill that's about protecting free speech in Idaho by discouraging SLAPP lawsuits," Lenny said. The committee voted to send RS 31860 to print, the next procedural step before a bill hearing.

Votes at a glance

- Docket 11-0301-2401 (ISP rules governing alcohol testing): motion to accept made on the floor; approved by voice vote. Mover: senator (motion recorded); second: recorded; outcome: approved (voice vote).

- Docket 21-0104-2402 (IDAPA amendments expanding veterans cemetery eligibility): motion to accept made and seconded; outcome: approved (voice vote). Mover: senator (motion recorded); second: recorded.

- Docket 21-0104-2401 (temporary rule for veterans cemeteries): motion to approve temporary rule; outcome: approved (voice vote).

- RS 31860 (anti‑SLAPP; request to print): motion to print (moved and seconded on the floor); outcome: sent to print.

Committee members asked clarifying questions but reported no public testimony against the rules. Wheatley said ISP conducted negotiated rulemaking with stakeholders and that initial drafts had drawn pushback from the defense bar; ISP restored language after that feedback and presented the current version. Senator Wintrow said she accepted the agency’s explanation and emphasized that the committee reviews rules carefully to avoid unintended due-process changes.

Actions recorded were standard committee approvals and a procedural printing; where roll-call tallies were not recorded in the transcript, the committee used voice votes and the chair announced approval. The committee adjourned after finishing the dockets and advancing RS 31860 to print.