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STATUS AS OF 2/20: ADVANCED TO HOUSE FLOOR, ANTICIPATED HEARING DATE 2/24.
This legislation specifies process for citizen’s application, as well as processes and criteria for the Constitutional Defense Council’s consideration of requests. You can read full bill text HERE.
Background: From time to time, Idaho citizens have been involved in legal proceedings with the federal government, specifically as it relates to grazing rights and/or water rights. The state of Idaho has code which created a constitutional defense council for the purpose of restoring, maintaining and advancing sovereignty & authority over issues that affect the state. Federal litigation can be lengthy, and therefore, costly, so the constitutional defense fund was created under the state treasury, for use when the council determines that in the name of the state, they will examine and challenge (by legal action) items such as federal mandates, court rulings, authority assumed or granted to the federal government or other activity deemed appropriate. Currently in code there are not a list of criteria the council should use for making this determination.