Bill Description: House Bill 835 would cap the expenditures of non-cognizable funds at $10 million, with certain exceptions.

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Does it violate the spirit or the letter of either the United States Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the US Constitution or the Idaho Constitution?

Currently, agencies can apply and receive funds, mostly federal grants, outside the legislative session. In 2022, an amendment to Article III, Section 8, of the Idaho Constitution gave the legislature the power to call itself back into session. Non-cognizable funds are no longer necessary now that the legislature has this power. This bill would cap non-cognizable funds at $10 million with exceptions for emergencies and other technical exceptions. 

Article VII, Section 13 of the Idaho Constitution:

Money — HOW DRAWN FROM TREASURY. No money shall be drawn from the treasury, but in pursuance of appropriations made by law.

By limiting non-cognizable funds usage, this legislation makes the appropriation process more constitutionally sound and protects the authority of the legislature as the only branch of government that can appropriate money.

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