HOUSE BILL NO. 558

2008 Legislation

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HOUSE BILL NO. 558<br /> – Constitutional Defense Fund

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Bill Status


H0558......................................................by STATE AFFAIRS
CONSTITUTIONAL DEFENSE COUNCIL FUND - Amends existing law to provide for
annual reports; and to provide for audits to the Constitutional Defense
Council.

02/25    House intro - 1st rdg - to printing
02/26    Rpt prt - to St Aff

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 558

                                 BY STATE AFFAIRS COMMITTEE

  1                                        AN ACT
  2    RELATING TO THE CONSTITUTIONAL DEFENSE COUNCIL FUND; AMENDING SECTION 67-6301,
  3        IDAHO CODE,   TO PROVIDE FOR ANNUAL REPORTS AND TO PROVIDE FOR AUDITS; AND
  4        DECLARING AN EMERGENCY.

  5    Be It Enacted by the Legislature of the State of Idaho:

  6        SECTION 1.  That Section 67-6301, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:

  8        67-6301.  CONSTITUTIONAL  DEFENSE  COUNCIL CREATED -- MEMBERS -- POWERS --
  9    STAFF -- FUND. (1) There is hereby created the constitutional defense  council
 10    which  shall consist of the governor, the president pro tempore of the senate,
 11    the speaker of the house of representatives and the attorney general.
 12        (2)  The purpose of the council includes, but is not limited  to,  restor-
 13    ing,  maintaining and advancing the sovereignty and authority over issues that
 14    affect this state and the well-being of its citizens.
 15        (3)  Meetings of the council may be called by any member and decisions  of
 16    the council shall be made by a majority vote of the members.
 17        (4)  The  council,  in  the name of the state or its citizens, may examine
 18    and challenge by legal action, legislation or any other legal means:
 19        (a)  Federal mandates.
 20        (b)  Court rulings.
 21        (c)  The authority granted to, or assumed by, the federal government.
 22        (d)  Laws, regulations and practices of the federal government.
 23        (e)  Any other activity that is deemed appropriate by the council.
 24        (f)  Notwithstanding any other provision of law to the contrary, the coun-
 25        cil may hire legal counsel for the purpose of this chapter and may utilize
 26        staff and resources within state government.
 27        (5)  There is hereby established in the state treasury the  constitutional
 28    defense  council fund which shall consist of appropriations, gifts, grants and
 29    other council moneys. Moneys in the council fund are continuously appropriated
 30    and shall be used for purposes enumerated in this chapter.
 31        (6)  The council shall annually submit a report by January 15 of each year
 32    to each member of the legislature detailing any meetings the council has  held
 33    during  the  year, moneys expended and persons or entities hired or contracted
 34    with in the pursuit of its duties.
 35        (7)  The legislature and the state controller shall include  a  review  of
 36    the  constitutional  defense  fund  in  the audit conducted on the legislative
 37    account.

 38        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 39    declared to exist, this act shall be in full force and effect on and after its
 40    passage and approval.

Statement of Purpose / Fiscal Impact


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                       STATEMENT OF PURPOSE

                           RS 17937 C1

This legislation amends section 67-6301 of Idaho Code relating to
the Constitutional Defense Council Fund. The CDCF is used when
authorized by the Constitutional Defense Council consisting of
the Governor, the President Pro Tempore, the Speaker of the House
and the Attorney General. The purpose of the council is to defend
the sovereignty and authority over issues that affect the well
being of the state and its citizens. An annual report submitted
by the council will detail actions taken and money spent, and the
legislation will provide for the audit of the Constitutional
Defense Council as with other funds.    


                          FISCAL NOTE

No impact to the general fund.
  




Contact
Name: Rep. Wendy Jaquet, Speaker Lawrence Denney, Rep. George
Sayler, Rep. John Rusche 
Phone: (208) 332-1130
President Pro Tem Robert L. Geddes, Sen. Clint Stennett, Sen.
David Langhorst, Sen. Kate Kelly


STATEMENT OF PURPOSE/FISCAL NOTE                         H 558   

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