IDAHO SECRETARY OF STATE
Elections, Campaign Disclosure and Lobbyists

Ben Ysursa, Secretary of State

2010 PROPOSED BALLOT INITIATIVES

Contact Person / Organization  

Alanna Grimm
(208) 398-6891

     
Status   Deadline has passed. Proposed initiative will not be on the November 2010 ballot.
     
Short Ballot Title  

An initiative prohibiting Idaho counties from membership in or providing funding to certain international organizations.

     
Long Ballot Title  

An initiative related to membership in organizations; amending Title 31, Chapter 6, and Title 50, Chapter 2 by adding new sections to prohibit counties and cities from membership in or providing funding to organizations such as the International Council for Local Environmental Initiatives, entities established by the United Nations or any entity whose purpose is to undermine the sovereignty of the United States and restrict the natural rights of people; to authorize civil suits against counties and cities that violate this section, and nullifying federal law.

     
Attorney General Certificate of Review   Can be viewed by following this link to the Attorney General's web site. This document is provided in PDF file format, you must have a PDF reader installed on your computer to view the file.
     

Full Text

PDF Version

 

   SECTION 1. That Chapter 6, Title 31, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 31-606, Idaho Code, and to read as follows:

   31-606. MEMBERSHIP IN ORGANIZATIONS UNDERMINING U.S. SOVEREIGNTY. (1) No county established under Title 31, Idaho Code, can be a member of the International Council for Local Environmental Initiatives (ICLEI), any entity established by the United Nations, or any entity whose purpose is to undermine the sovereignty of the United States and restrict the natural rights of the people of the United States. No county established under Title 31, Idaho Code, shall provide any funding to or accept any funding from any such organization.
   (2) Any county which has not terminated its membership in any organization specified in (1) of this section within ten days of the effective date of this legislation, shall be fined by the state $10,000 for each day they are still a member of such organization beyond the effective date of this legislation. Any county which accepts or provides funding to an organization as specified by (1) shall be liable to the state of Idaho for ten times the amount of money accepted or contributed.
   (3) The attorney general can initiate civil suits against a county violating (1) of this section and can also seek a writ of mandamus to terminate activities described in (1) of this section. Proceeds from the lawsuit shall be deposited into the general fund of the state of Idaho.
    (4) There is no enumerated power that would allow the federal government to require a county created by the state of the Idaho to become a member of any organization, accept money from such organization, or contribute to such organization. Such authority is delegated to the states under the tenth amendment to the United States Constitution. Any federal law, regulation, order, or other act by the federal government violating the provisions of this section is hereby declared to be invalid in this state, is not recognized by and is specifically rejected by this state, and is considered as null and void and of no effect in this state.

    SECTION 2. That Chapter 2, Title 50, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 50-237, Idaho Code, and to read as follows:

    50-237. MEMBERSHIP IN ORGANIZATIONS UNDERMINING U.S. SOVEREIGNTY. (1) No municipal corporation established under Title 50, Idaho Code, can be a member of the International Council for Local Environmental Initiatives (ICLEI), any entity established by the United Nations, or any entity whose purpose is to undermine the sovereignty of the United States and restrict the natural rights of the people of the United States. No municipal corporation established under Title 50, Idaho Code, shall provide any funding to or accept any funding from any such organization.
    (2) Any municipal corporation which has not terminated its membership in any organization specified in (1) of this section within ten days of the effective date of this legislation, shall be fined by the state $10,000 for each day they are still a member of such organization beyond the effective date of this legislation. Any municipal corporation which accepts or provides funding to an organization as specified by (1) shall be liable to the state of Idaho for ten times the amount of money accepted or contributed.
    (3) The attorney general can initiate civil suits against a municipal corporation violating (1) of this section and can also seek a writ of mandamus to terminate activities described in (1) of this section. Proceeds from the lawsuit shall be deposited into the general fund of the state of Idaho.
    (4) There is no enumerated power that would allow the federal government to require a municipal corporation created by the state of the Idaho to become a member of any organization, accept money from such organization, or contribute to such organization. Such authority is delegated to the states under the tenth amendment to the United States Constitution. Any federal law, regulation, order, or other act by the federal government violating the provisions of this section is hereby declared to be invalid in this state, is not recognized by and is specifically rejected by this state, and is considered as null and void and of no effect in this state.

    SECTION 3. SEVERABILITY. If a part of this act is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

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