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House Bill 454 — Commission for the Blind and Visually Impaired

House Bill 454 — Commission for the Blind and Visually Impaired

Parrish Miller
January 24, 2022

Bill Description: House Bill 454 amends Idaho Code to incorporate federal statutes by reference, including future amendments to those statutes.

Rating: -1

Does it violate the principles of federalism by increasing federal authority, yielding to federal blandishments, or incorporating changeable federal laws into Idaho statutes or rules? Examples include citing federal code without noting as it is written on a certain date, using state resources to enforce federal law, and refusing to support and uphold the Tenth Amendment. Conversely, does it restore or uphold the principles of federalism?

House Bill 454 amends Section 67-5408, Idaho Code, to incorporate by reference the "rehabilitation act of 1973, P.L. 93-112, as amended by the workforce innovation and opportunity act of 2014, P.L. 113-128, and all subsequent amendments thereto. ..." It goes on to say that the Idaho Commission for the Blind and Visually Impaired "shall observe and comply with all requirements of such [federal] acts."

This is a classic example of making Idaho law subject to changeable federal laws. By obligating an Idaho commission to "observe and comply" with "all subsequent amendments" that may be made to a federal law, the Idaho Legislature abdicates its duty of responsibility and oversight.

If a federal law must be incorporated by reference, it should be limited to the law as it exists on a certain date, so that the federal government cannot effectively change Idaho law without the Legislature's express consent. 


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