Idaho 66th Legislature, 1st Regular Session (2021) Status: Passed House

H 322 — FEDERALISM PROCEDURE – Adds to existing law to provide for a procedure regarding nonrecognition of certain federal actions.

Last action — Introduced, read first time; referred to: State Affairs

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 66th Legislature, 1st Regular Session (2021). It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

27 added · 21 removed

27 line(s) added, 21 removed.

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322 BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO FEDERALISM;
322, As Amended BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO FEDERALISM;
Within fifteen (15) days of receiving the complaint, the chairmen shall conduct a survey of the committee, either in person or by remote means, and determine whether or not the committee finds the complaint has merit and, upon such determination, will either dismiss or pursue the ac- tion.
Within fifteen (15) days of receiving the complaint, the chairmen shall conduct a survey of the committee, either in person or by remote means, and determine whether or not the committee finds the complaint has merit and, upon such determination, will either dismiss or pursue the action.
No agency of or political subdivision of this state shall take any action or utilize any resources to give effect to or to enforce of the federal action in question upon convening of the hearings until a determination has been made on its status in this state.
If the federal action in question began after January 1, 2021, then no agency of or political sub- division of this state shall take any action or utilize any resources to give effect to or to enforce of the federal action in question upon convening of the hearings until a determination has been made on its status in this state.
If after investigation the committee finds the federal action is out- side the scope of federal authority or is contrary to the constitution of the state of Idaho, it shall prepare a report setting forth its findings, recom- mendation, and reasons for the recommendation to the legislature.
If the federal action in question began prior to January 1, 2021, then it shall remain in effect throughout the hearing process.
Legisla- tion may then be introduced proclaiming that the federal action is outside the scope of federal authority and, if it is enacted into law, such federal actions shall not be recognized by the state of Idaho and are null and void and of no force and effect in this state, and no agency of or political subdi- vision of this state shall take any action or utilize any resources to give effect to or to enforce such federal executive orders, agency orders, rules, policy directives, regulations, acts of congress, or federal court rulings.
If no determination has been made by the committee prior to the end of the legislative session in the year following the convening of hearings, the prohibition on enforcement of the federal action shall be considered expired.
If after investigation the committee finds the federal action is outside the scope of federal au- thority or is contrary to the constitution of the state of Idaho, it shall prepare a report setting forth its findings, recommendation, and reasons for the recommendation to the legislature.
Legislation may then be intro- duced proclaiming that the federal action is outside the scope of federal authority and, if it is enacted into law, such federal actions shall not be recognized by the state of Idaho and are null and void and of no force and effect in this state, and no agency of or political subdivision of this state shall take any action or utilize any resources to give effect to or to enforce such federal executive orders, agency orders, rules, policy directives, regulations, acts of congress, or federal court rulings.
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Amendments

1 amendment

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Action History

  1. Introduced, read first time; referred to: State Affairs

  2. Received from the House passed; filed for first reading

  3. Read third time in full as amended – Previously Read in Full – PASSED - 56-12-2AYES – Adams, Addis, Amador, Andrus, Armstrong, Blanksma, Boyle, Bundy, Cannon, Chaney, Christensen, Clow, Crane, DeMordaunt, Dixon, Ehardt, Erickson, Ferch, Furniss(Blanchard), Galloway, Gestrin, Gibbs, Giddings, Hanks, Harris, Hartgen, Holtzclaw, Horman, Kauffman, Kerby, Kingsley, Lickley, Manwaring, Marshall, Mendive, Mitchell, Monks, Moon, Moyle, Nate, Nichols, Okuniewicz, Palmer, Scott, Shepherd, Skaug, Syme, Troy, Vander Woude, von Ehlinger, Weber, Wisniewski, Yamamoto, Young, Youngblood, Mr. SpeakerNAYS – Berch, Chew, Davis, Gannon, Green, Mathias, McCrostie, Nash, Necochea, Rubel, Ruchti, TooneAbsent – Barbieri, WoodFloor Sponsor - DixonTitle apvd - to Senate

  4. U.C. to hold place on third reading calendar one legislative day

  5. U.C. to hold place on third reading calendar one legislative day

  6. Read second time as amended; Filed for Third Reading

  7. Read first time as amended; filed for Second Reading

  8. Reported Engrossed; Filed for First Reading of Engrossed Bills

  9. Bill as Amended Referred to JRA for Engrossing

  10. Amendments Referred to the JRA for Printing

  11. Reported out without recommendation as amended

  12. Referred to the Committee of the Whole

  13. Reported out of Committee, Recommend place on General Orders

  14. Reported Printed and Referred to State Affairs

  15. Introduced, read first time, referred to JRA for Printing

Sponsors

  • STATE AFFAIRS COMMITTEE · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 104 not signed on

Sponsors (1)

  • STATE AFFAIRS COMMITTEE

Co-sponsors (0)

None.

Not signed on (104)

104 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

Who sponsors H 322?
H 322 is sponsored by STATE AFFAIRS COMMITTEE.
What is the current status of H 322?
This bill died with 66th Legislature, 1st Regular Session (2021). It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track H 322?
Track H 322 free on One Click Politics — get push/email alerts when it moves.

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