Bill Description: Senate Bill 1038 would say that Idaho is not required to enforce mandates from the World Health Organization.

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NOTE: Senate Bill 1038 deals with similar issues as Senate Bill 1010, introduced earlier this session. 

Does it violate the spirit or the letter of either the U.S. 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 U.S. Constitution or the Idaho Constitution?

Senate Bill 1038 would create Chapter 73, Title 39, Idaho Code, to say that the state of Idaho and its political subdivisions "shall not be compelled to engage in the enforcement of, or any collaboration with the enforcement of, any requirements or mandates issued by the world health organization."

It also says, "Any requirements or mandates issued by the world health organization shall not be used in the state as a basis for action or to direct, order, or otherwise impose, contrary to the constitution and laws of this state, any requirements whatsoever, including those for masks, vaccines, or medical testing, or to gather any public or private information about the state's citizens or residents and shall have no force or effect in this state."

Unlike Senate Bill 1010, which said Idaho citizens "shall not be subject to the terms, conditions, rules, or regulations promulgated by the world health organization," Senate Bill 1038 only protects Idahoans from WHO requirements or mandates that are "contrary to the constitution and laws of this state," which should already be the standard.

It is appropriate for the state of Idaho to exercise its sovereignty to protect the people from dictatorial organizations, but the language of this bill is more about sending a message than any substantive change to state law.

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