Bill Description: Senate Bill 1287 would declare that the World Health Organization has no jurisdiction in Idaho, and the Legislature must approve recommendations from the U.S. Department of Health and Human Services and the Centers for Disease Control and Prevention before their enactment.
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 1287 would create Chapter 73, Title 39, Idaho Code, titled Miscellaneous Health Provisions.
The bill would create three subsections, the first of which declares unambiguously that "the world health organization shall have no jurisdiction in Idaho."
It goes on to say, "Any requirements, mandates, recommendations, instructions, or guidance provided by the world health organization shall not be used in this state to justify any public health requirements, including but not limited to mask, vaccine, quarantine, or medical testing requirements. Any such requirements shall have no force or effect in Idaho."
Global organizations should have no role in determining the laws and policies of the state, especially when those laws or policies infringe on individual rights.
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?
The second subsection of the new chapter that Senate Bill 1287 would create says, "Without an affirmative vote by both bodies of the Idaho legislature, the state of Idaho is prohibited from implementing or enforcing any requirements or mandates from the United States department of health and human services and the centers for disease control and prevention. No recommendations, instructions, or guidance provided by either organization shall be used to justify any public health requirements, including but not limited to mask, vaccine, quarantine, or medical testing requirements."
While such a policy should be the default without this law, it is good to affirmatively acknowledge that the federal government may not impose public health requirements that are contrary to the laws and policies of the state.
The third and final subsection of the new chapter that Senate Bill 1287 would create says, "Without an affirmative vote by both bodies of the Idaho legislature, the Idaho department of health and welfare is prohibited from the following actions:
Issuing or enforcing requirements or mandates on behalf of the world health organization, United States department of health and human services, and the centers for disease control and prevention;
Issuing or enforcing requirements or mandates that are similar or identical to requirements or mandates from the organizations named in paragraph (a) of this subsection; and
Issuing requirements or mandates based on the recommendations, instructions, or guidance from the organizations named in paragraph (a) of this subsection."
This language should prevent the Idaho Department of Health and Welfare from trying to ignore the Legislature and violate the individual rights of Idahoans by imposing the will of a global organization or the federal government.
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