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Sen. Foreman proposes law to bar WHO jurisdiction over Idaho public health; committee advances measure to print

2369799 · January 17, 2025
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Summary

Sen. Dan Foreman introduced an RS that would declare the World Health Organization has no jurisdiction over Idaho public health matters; committee voted to send the request to print and senators requested an Attorney General review.

Sen. Dan Foreman presented RS31874 on Jan. 17, a proposal to create a new chapter (chapter 73, title 39) in Idaho Code declaring that the World Health Organization (WHO) would have no jurisdiction or control over Idaho public health matters and that Idaho citizens would not be subject to WHO-originated rules, regulations or programs implemented via federal agreements.

Foreman said the WHO’s response to the COVID-19 pandemic raised concerns and that the proposed statute would prevent WHO directives, agreements or regulations from applying to Idaho public health policy. He explicitly noted the proposal does not attempt to preempt a U.S. treaty obligation and acknowledged the supremacy clause could limit the state’s authority in that area.

Several senators asked for an attorney general opinion to clarify legal implications and potential conflicts with federal treaty obligations. Senator Burns suggested consulting the Attorney General; Foreman agreed to seek AG input. The committee voted to send RS31874 to print.