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H 297

LABOR – Adds to existing law to establish the Idaho Guest Worker Program.

68th Legislature, 1st Regular Session (2025)

House Bill 297 establishes a state guest worker program in Idaho, allowing undocumented individuals to work legally in agriculture, addressing labor shortages effectively.

Reported Printed and Referred to Agricultural Affairs
#acts #agriculture #employersandemployees #federallawsandrelations #government #internationalrelations #labor #legislature #taxandtaxation #income
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Bill Summary · H 297

Summary of House Bill 297: Idaho Guest Worker Program

Bill Information

  • Bill Number: H 297
  • Title: Labor – Establishment of the Idaho Guest Worker Program
  • Status: Reported Printed and Referred to Agricultural Affairs
  • Introduced: February 21, 2025
  • Classification: Bill
  • Subject Areas: Agriculture, Labor, Employers and Employees, Federal Relations, Taxation

Purpose and Intent

House Bill 297 aims to create a state-based agricultural guest worker program in Idaho. This initiative is a response to the perceived inadequacies of the federal H-2A temporary agricultural worker program, which does not sufficiently address the year-round labor needs of Idaho's agricultural sector, particularly in industries such as dairy farming.

Key Provisions

The bill introduces several important components:

Establishment of the Program

  • Administration: The Idaho Department of Labor will oversee the implementation and administration of the guest worker program.
  • Eligibility Requirements for Workers:
    • Must be at least 18 years old and reside in Idaho.
    • Must not have been previously deported or refused entry into the U.S.
    • Must pass a background check and provide fingerprints.
    • Must not have felony convictions.

Employer Responsibilities

  • Registration: Employers must register with the Department of Labor to hire guest workers.
  • Application Process: Employers will need to apply and pay a fee to become permitted employers under the program.
  • Tax Obligations: Guest workers will be required to pay state and federal income taxes.

Worker Limitations

  • Employment Maintenance: Workers must maintain employment or show intent to be hired within a specified timeframe.
  • Driving Restrictions: Workers are prohibited from driving on public roadways.
  • Consequences of Felony Convictions: Any felony conviction will result in the loss of the right to work under this program.

Impact

Who Will Be Affected?

  • Agricultural Employers: The program is designed for year-round agricultural employers who face labor shortages.
  • Undocumented Individuals: The program provides a pathway for undocumented individuals to work legally in Idaho's agricultural sector.

Financial Aspects

  • Initial Costs: The program will be funded initially by a one-time allocation of $350,000 from the General Fund to cover startup costs.
  • Ongoing Costs: Future administrative costs will be supported by fees paid by participating employers.

Procedural Aspects

  • Effective Date: The provisions of this bill will take effect on January 1, 2026.
  • Legal Considerations: The bill may face legal challenges, but it is designed to assert Idaho's sovereignty in employment policy.

Conclusion

House Bill 297 represents a significant step towards addressing labor shortages in Idaho's agricultural sector by establishing a state-managed guest worker program. By creating a structured pathway for undocumented individuals to work legally, the bill aims to support the agricultural economy while ensuring compliance with state regulations.

Compiled from official sources — confirm details with the bill’s official record.

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