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Committee backs bill to bar Idaho enforcement of World Health Organization mandates
Summary
Senators voted to send Senate Bill 1038 to the floor with a do‑pass recommendation; the bill, introduced by Sen. Dan Foreman, would create a new chapter in Idaho Code stating the state and its political subdivisions shall not be compelled to enforce WHO requirements or mandates using state resources.
The Senate State Affairs Committee voted to send Senate Bill 1038 to the Senate floor with a do‑pass recommendation after sponsor Sen. Dan Foreman, R‑District 6, told the panel the bill would create chapter 73, title 39 of Idaho Code to bar the state and its political subdivisions from using state resources to enforce any requirements or mandates issued by the World Health Organization.
Foreman said the Idaho attorney general reviewed the legislation and "informed me of the fact he finds it to be completely constitutionally correct." He told the committee the AG advised that the measure does not conflict with the supremacy clause because it would not prevent federal enforcement where federal law applies; instead, it would limit the use of state resources to carry out WHO‑originated mandates.
Foreman summarized the sponsor rationale by referencing criticism of the WHO's handling of the COVID‑19 pandemic and noting ongoing international negotiations. "The WHO is currently working on completing a global pandemic agreement that would become an international legal agreement between its 196 member nations," he said, arguing the state should not be called on to enforce any future WHO mandates.
Committee members asked whether the attorney general's opinion was available in writing. Foreman said the AG had discussed the bill with him but had not provided a written opinion because of competing priorities; "he didn't feel it was prudent to put this in writing at this time," Foreman said.
Motion and outcome: Senator Anthony moved and Senator Harris seconded that Senate Bill 1038 be sent to the Senate floor with a do‑pass recommendation. The committee recorded no opposition to the voice vote and the motion carried.
What the bill would do: As described by Foreman, the proposed chapter would state that the state and its political subdivisions shall not be compelled to engage in enforcement of requirements or mandates issued by the World Health Organization and that enforcement, if any, would be a federal matter. Foreman cited past criticisms of the WHO and a May 2024 letter from Idaho's attorney general joining other states in objecting to proposed international health regulations.
Next steps: The committee advanced the bill to the Senate floor; no outside witnesses were recorded at the hearing.
