Note: This year IFF rated maintenance bills according to a more refined system. This is an enhancement bill, and will be rated as a standalone bill. IFF will only consider enhancement line items in these ratings. This means that FTP reductions passed in maintenance legislation will not be evaluated here, among other things.

Bill Description: Senate Bill 1406 is an enhancement of $505,100 and 6.00 new full-time positions for the State Public Defender for fiscal year 2027. This legislation appropriates a total of $82,204,900 and 339.96 full-time positions to the agency.

Rating: -1 

Is the continuation or growth in ongoing spending, if any, inappropriate for the changes in circumstances, scope of the agency, or current economic environment? Conversely, is the continuation or growth in ongoing spending appropriate given any change in circumstances or economic pressures?

This legislation authorizes an ongoing spending enhancement for the State Public Defender of $383,400, adding onto last year’s (FY26) increase in ongoing spending of $32,340,400. FY26’s ongoing spending is wrapped into FY27’s base increase, making ongoing spending especially important to scrutinize. Volatility in these increases (or decreases) is to be expected, and makes discernment on the propriety of new spending imperative.

The ongoing spending enhancement consists of funds for secure data storage ($132,500 DF) and Budget Restoration of Health Benefit Costs ($250,900 DF). This restoration represents an unwarranted expenditure. Almost all agencies faced the additional 2% JFAC holdback, and agencies asking for exemptions or restorations do a disservice to agencies that accepted the entire 5% holdback.

(-1)

Does this budget incur any wasteful spending among discretionary funds, including new line items? Conversely, does this budget contain any provisions that serve to reduce spending where possible (i.e. base reductions, debt reconciliation, etc.)?

This legislation authorizes onetime spending for the State Public Defender of $121,700, adding additional expenditures after last year’s (FY26) onetime spending of $9,387,700. Onetime spending is often even more volatile than ongoing spending, which is to be expected due to the onetime expenses generally being utilized for projects or capital outlay. This also calls for special scrutiny and discernment.

These consist of replacement items and OITS Hardware ($3,700 DF) and Data Migration services ($118,000 DF) and are De Minimis to an agency of this size. 

(0)

Does the budget grow government through the addition of new, objectionable, permanent FTPs or through funding unlegislated efforts to create new or expanded existing programs? Conversely, does this budget reduce the size of government staff and programs except where compelled by new legislation?

The legislation would use already appropriated funds for personnel as part of the continued start up of operations to authorize 6.00 new FTP. These are for attorneys in several counties. The state has an obligation to provide legal representation to indigent defendants pursuant to the Sixth Amendment of the United States and Section 13, Article I, of the Idaho Constitution. These FTP fill a constitutionally mandated function of government.

(0)