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S 1038

Relates to allowing a department of motor vehicles employee to employ an attorney-at-law to defend against certain civil actions

2025 Regular Session Introduced by Tony Palumbo

Idaho SB 1038 bars the state and local bodies from enforcing or relying on WHO mandates, blocks using WHO rules to impose masks, vaccines, or testing, with no force in Idaho.

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Bill Summary · S 1038

Summary — Senate Bill 1038 (Idaho) — World Health Organization Mandates Prohibition

Note on scope: Multiple unrelated bills in different jurisdictions use the identifier “S 1038.” This summary focuses on the Idaho Legislature’s S.B. 1038 (Sixty‑eighth Legislature, First Regular Session — 2025), which is the bill text provided from the Idaho Senate and appears to be the measure reflected in the legislative actions (passage, signature, effective date). Other items in the supplied materials (a U.S. Senate “TRACE Act” and a Massachusetts antitrust bill) are different measures with the same number and are not described below except as noted.

Main purpose / intent

To add a new chapter to Title 39 of the Idaho Code that prevents the State of Idaho and its political subdivisions from being compelled to enforce, collaborate in enforcing, or rely upon mandates or requirements issued by the World Health Organization (WHO). The bill is presented as a limitation on the use and enforcement of WHO directives within Idaho.

Key provisions

  • Adds a new Chapter 73 to Title 39, Idaho Code (titled “Miscellaneous Health Provisions”).
  • Section 39‑7301 — “World Health Organization mandates”:
    • Subsection (1): The state and its political subdivisions (explicitly listing counties, cities, towns, precincts, water districts, school districts, school administrative units, quasi‑public entities, etc.) shall not be compelled to engage in enforcement of, or collaborate in enforcement of, any requirements or mandates issued by the WHO.
    • Subsection (2): WHO requirements/mandates shall not be used in Idaho as a basis to direct, order, or impose, contrary to the Idaho Constitution and state law, any requirements including masks, vaccines, or medical testing, nor to gather public or private information about Idaho citizens or residents; such WHO mandates “shall have no force or effect” in the state.
  • Emergency clause: Declares an emergency and sets an effective date of July 1, 2025.

Who/what is affected

  • State of Idaho executive agencies and departments.
  • Political subdivisions and local governmental entities (counties, cities, school districts, etc.).
  • Quasi‑public entities operating within Idaho.
  • Public health authorities and officials who might otherwise consider WHO guidance when shaping or enforcing public health measures.
  • Residents indirectly, through limitations on state/local use of WHO directives in public health decision‑making.

Fiscal and procedural notes

  • Fiscal note (proponent‑prepared) states minimal General Fund impact — limited to printing and dissemination costs to update Idaho Code.
  • Legislative actions (selected):
    • Passed both chambers (Senate and House); enrolled and signed by legislative leaders.
    • Signed by the Governor on 03/14/2025; Session Law Chapter 81.
    • Effective (per emergency clause): July 1, 2025.

Potential impacts and considerations (objective)

  • Limits state and local reliance on or enforcement of WHO mandates, potentially constraining coordination with international guidance.
  • Could create practical or legal friction where federal public‑health recommendations or interstate coordination reference WHO guidance.
  • Does not itself create new public‑health requirements; it restricts adoption/enforcement of WHO‑origin mandates in Idaho and prohibits use of WHO mandates as legal authority contrary to state law.

If you want, I can: (1) prepare a side‑by‑side comparison showing how current Idaho public‑health statutes would interact with this change; (2) summarize the unrelated U.S. S.1038 (TRACE Act) and Massachusetts S.1038 also found in your documents. Which would you prefer?

Compiled from official sources — confirm details with the bill’s official record.

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