Senate panel advances bill limiting agency policy changes with budget impacts

The Senate Health and Welfare Committee voted to advance House Bill 90, which would prohibit the Department of Health and Welfare from adopting policy changes that have budget implications outside of the legislative session.

Senator Brian Linney, R-Nampa, said the bill is intended to keep policy decisions with budget implications in the legislative branch. Linney pointed to recent problems in the Idaho Child Care Program, saying agency actions outside the legislative process — including rule changes and State Plan Amendments (SPA) — contributed to a large shortfall and a temporary pause of the program. He said those actions resulted in $50,000,000 "in the hole," and later in the hearing referenced a $15,000,000 figure when describing the program pause.

Senator Melissa Wintrow, who said she served on the relevant committee last year, disputed the characterization that the department acted without legislative involvement. She said the department appeared before the committee and the committee supported expansion of eligibility through the rule process to help more families. Wintrow said codifying policy in statute can reduce agency flexibility and urged caution.

Senator Keiser moved to send the bill to the floor with a do-pass recommendation; the motion was seconded by Senator Shippey. The committee approved the motion by voice vote. After the vote, the clerk asked to change Senator Wintrow’s vote to an "A" (aye) in the record.

The bill, as discussed in committee, seeks to require legislative approval before agencies implement policy changes that would alter spending outside the session.