Senate Judiciary committee approves ISP alcohol‑testing rule, expands veterans cemetery eligibility and prints anti‑SLAPP proposal

The Senate Judiciary and Rules Committee approved three rule dockets and voted to print a senator’s anti‑SLAPP draft during its first meeting. Committee members accepted the Idaho State Police rule governing alcohol testing, approved amendments to Idaho State Veterans Cemeteries rules to expand burial eligibility to traditional National Guardsmen and Reservists, and printed RS31860, a proposed anti‑SLAPP statute intended to expedite dismissal of meritless lawsuits and allow fee recovery.

Lieutenant Colonel Russ Wheatley, ISP’s rules officer, told the committee the agency reviewed rule 11‑0301‑2401 to remove "unnecessary and unburdensome language and clarify the language as needed," and that stakeholder feedback during negotiated rulemaking led the agency to restore some language requested by the defense bar. "Our changes do not impact this rule from our perspective. It does not impact the rules intent process or application in any way," he said.

Mark Chample, chief administrator for the Idaho Division of Veterans Services, presented the cemetery rule changes. He said the amendment "expands eligibility for burial in the Idaho State Veterans Cemeteries to traditional National Guardsmen and Reservists" who completed their enlistment or commission honorably but did not meet the federal 180‑day activation threshold for VA benefits. Chample told senators that those newly eligible will be required to cover burial costs equivalent to the VA plot allowance — which he stated is $978 — and pay for memorial markers ("$400 for an upright casket marker or $250 for all the other types of internment marker types").

Chample also said the temporary rule under which the division has been operating to permit these internments over the prior year was before the committee for formal approval.

Senator Brenda Lenny introduced RS31860, saying the draft is intended "to protect free speech in Idaho by discouraging SLAPP lawsuits" (strategic lawsuits against public participation). She described provisions that would put certain lawsuits on hold while an anti‑SLAPP motion is decided, expedite dismissal of baseless cases, and allow prevailing defendants to recover attorney fees. "This helps resolve those [SLAPPs] faster and more efficiently," she said.

Committee action and votes were taken by voice vote with no roll‑call recorded. The committee accepted docket 11‑0301‑2401 (ISP alcohol testing rules), approved docket 21‑0104‑2402 (permanent amendment expanding cemetery eligibility) and docket 21‑0104‑2401 (temporary rule adoption) and voted to send RS31860 to print. No public testimony opposed these dockets during the meeting, and senators said stakeholder engagement had occurred for the rule revisions.

Votes at a glance:

- Docket 11‑0301‑2401 (ISP rules governing alcohol testing): Motion to accept made by Senator Foreman; second recorded; approved by voice vote.

- Docket 21‑0104‑2402 (ID Division of Veterans Services rules — expand cemetery eligibility): Motion to accept made by Senator Foreman; second recorded; approved by voice vote. Chample said the rule removes language redundant with Idaho Code §65‑107 and that a similar rule passed committee last year but failed to reach concurrence on the floor due to an administrative error.

- Docket 21‑0104‑2401 (temporary rule for veterans cemetery internments): Motion to approve made by Chair; second by Senator Foreman; approved by voice vote.

- RS31860 (anti‑SLAPP proposal): Motion to send to print made by Senator Foreman; second by Senator Ruckde; motion carried by voice vote.

The committee did not record roll‑call tallies; actions were approved by voice vote and the committee chair declared each motion approved.