Rep. Ron Nate - District 34 - Legislative Update 3-9-16

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Idaho State Legislture

March 9, 2016

Rep. Ronald Nate - District 34

Madison High School Band

Another Great Week in Boise!

One of the highlights of the last week for me had nothing to do with legislating.  It was a blast to go see the Madison High School boys basketball team play in the Idaho state tournament.  The bobcats played amazing games!!   Scoring the top play on the ESPN Top Ten Plays is a rare treat!   Congratulations on a great season, Bobcats!!


Oh, and it was also a treat to hang out with Anna, my daughter who plays clarinet in the MHS band (pictured above).  She had a wonderful time.  A special thanks goes to leader Steve Klingler.  It was fun to host the band at the State Capitol for a chat and a tour.

 


Permitless Carry (again), Abortion, and Supremacy

Concealed Carry

Rep. Nate’s three issues of the week:

 

Permitless Carry Bill Introduced

Early in the session Rep. Scott (1) and I introduced two permitless carry bills.  Two new bills providing for permitless carry of concealed weapons were introduced in the last week.  Both of these new bills do essentially the same thing we proposed, and leadership in both the House and Senate seem to be supportive.  Sometimes the mere proposing of bills is all that's needed in order to prompt action in the Statehouse.  We are excited to see permitless carry finally come to Idaho.  The Second Amendment is important to Idahoans, and it makes sense for Idaho law to match those values. 


The new permitless carry bill that will be moving forward is S1389 and it is in the Senate State Affairs committee for a hearing this week. 


If you want to express your support or opposition to the bill, you may contact the Committee here:  sstaf@senate.idaho.gov .

 

 

 

Ban on Dismemberment Abortion Bill (S1386)

I introduced The Idaho Unborn Child Protection from Dismemberment Abortion Act in the Senate State Affairs committee last Friday.


The purpose of this bill is to ban one particular and horribly brutal abortion procedure.  This legislation would ban the Dilation & Extraction (or D&E) procedure performed on a living, fully formed unborn baby.  It is commonly known as a Dismemberment Abortion.  Justice Kennedy (Stenberg v. Carhart) writes, “The fetus, in many cases, dies just as a human adult or child would: It bleeds to death as it is torn limb from limb."

 

This proposed legislation seeks to remove this one method of abortion--the method preferred by Planned Parenthood when they want to harvest baby organs to be sold on the market.  The dismemberment abortion is a brutal and gruesome procedure and it damages the "integrity and ethics of the medical profession,...[and is] laden with power to devalue human life" Gonzales v. Carhart, 2007.


The bill demonstrates the respect for and value of the life of the unborn, while still preserving the Supreme Court’s direction to not create an undue burden.

 

If you want to express your support or opposition to the bill, you may contact the Committee here:  sstaf@senate.idaho.gov .

 

 

 

The Supremacy Clause:  Does SCOTUS Rule Idaho?

Here is an interesting thought about the Supremacy Clause of the Constitution.  In Idaho’s statehouse we often hear something like this, “Well the Supreme Court has ruled, so it’s now the law of the land.  The debate is over.”  But, what if the ruling is contrary to state law?  The response, “The Constitution (and Supreme Court) is the supreme law of the land.”  Are these statements always true?


Let’s look at the Supremacy Clause, the source of these claims:

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; … shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”  U.S. Constitution, Article VI, Clause 2.


Sounds clear right?  The Constitution (which outlines the organization of the three branches of government including the U.S. Supreme Court) is the “supreme law of the land;” and Idaho and its judges are bound by the Constitution. 

 

But, now take a closer look.  The Constitution is supreme, but NOT all laws.  Only “laws…which shall be made in pursuance thereof” are the supreme law of the land.  (Note:  the word “shall” in this context means “must.”)  Laws that are unconstitutional, having NOT been made in pursuance of the Constitution, therefore are not supreme.  Even Supreme Court rulings, when not made in pursuance of the Constitution, are not supreme. 

 

Idaho needs to be very careful about mindlessly accepting all federal laws and all Supreme Court rulings as necessarily being supreme to Idaho laws.  When Idaho lawmakers see unconstitutional laws coming from the federal government and/or the U.S. Supreme Court, we have not only the right, but the duty as well, to resist those laws.  Let’s be vigilant in asserting our state’s and individual rights as reserved in the Tenth Amendment.

 

Thomas Jefferson wrote, “Whensoever the general government assumes undelegated powers … a nullification of the act is the rightful remedy.”

 

If you would like a free copy of the Idaho State Constitution, the Declaration of Independence, and the U.S. Constitution, you can have one mailed to you by calling the Idaho Secretary of State’s office at 208-334-2852, or by emailing them at elections@sos.idaho.gov .  



Rep. Nate's Bills-of-Interest Update

Here are descriptions of the bills I have introduced this session:

HJR 1 – A resolution to amend the Idaho Constitution to protect education assistance to Idaho students.  Specifically it makes it so scholarship and grants to students who may wish to use them at any school, including church-affiliated schools, are permissible and constitutional.  This bill is in the House State Affairs Committee.  If you think the bill should be heard and voted on, you can express your views to the State Affairs Committee at hstaf@house.idaho.gov. 


H422 and H423 – Along with Rep. Scott (District 1), these two bills to address confusion in Idaho law concerning the carrying of concealed weapons without a permit.  The bills would make it so Idahoans could carry concealed weapons without a permit anywhere in Idaho that is not prohibited by state or federal law (like schools, etc.).  These bills are in the Ways and Means Committee awaiting a hearing date. S1389 - This is a new permitless carry bill that was introduced last week (not by me however).  It is in Senate State Affairs committee and will probably see a hearing in the next few days.  You can contact the Senate State Affairs Committee at sstaf@senate.idaho.gov .


H420 – A bill to repeal the state’s requirement that all Idaho school districts must administer the SBAC (Common Core) test to their students.  It leaves the option open, however, if districts choose the SBAC themselves.  Also, students would not be required to take the SBAC for graduation.  This bill is in the House Ways and Means Committee awaiting a hearing date.  You may contact the Ways and Means Committee at hway@house.idaho.gov .


H421 – A bill to repeal the State Health Insurance Exchange.  The state health insurance exchange has been an expensive and frustrating endeavor.  It has cost over $70 million to set up, it binds Idaho to all the federal rules, leaving no room for Idaho solutions.  And, it has lead to a virtual monopoly in health insurance “choices” for Idaho citizens—only a few insurance companies have been permitted space on the exchange.  All the while, Idahoans’ health insurance premiums and deductibles have skyrocketed.  This bill is in the House Ways and Means Committee awaiting a hearing date.  You may contact the Ways and Means Committee at hway@house.idaho.gov .


H506 – A bill to restrict and limit the dollar value of gifts given to legislators by lobbyists and other special interest groups.  This bill has been introduced into the House Judiciary and Rules Committee, and will have a full hearing soon. 

You can contact the House Judiciary Committee at hjud@house.idaho.gov .


H516 – A bill requiring abortion providers to give information to women about where and how they can get a free ultrasound prior to an abortion.  This bill passed the House on Tuesday 56-13 (1 absent), and is will have a hearing in Senate State Affairs on Friday, March 11th.  You can contact the Senate State Affairs Committee at sstaf@senate.idaho.gov .


S1386 – A bill to ban “dismemberment abortions.”  These abortions are horrific, late-term abortions that Planned Parenthood and other providers conduct—sometimes for the purpose of harvesting the unborn baby’s organs.  This bill was introduced into the Senate State Affairs Committee and is awaiting a hearing.  You can contact the Senate State Affairs Committee at sstaf@senate.idaho.gov .

 

 

 

Other bills to watch:

H380 - Income tax cut, Grocery Tax Credit

H449 - Girl/Boy Scout Cookie Tax Exemption

H463 - Minimum Wage Limitation

H491 - Non-Consensual Lien Limits

H492 - Staff Attorneys - State Mgmt.

H504 - Public Defense Reform

H513 - Real ID Act Compliance

H555 - Sexting crimes / penalties

H556 - Foster Care Reform

H572 - Urban Renewal Changes

 

S1204 - Medicaid Expansion

S1229 - Heavy Trucks on Highways

S1244 - Underground Storage Tanks

S1311 - Hybrid Vehicle Registration Fees

S1339 - Oil and Gas, Wells, Permits

S1342 - Use of Bible in Schools

S1349 - Unborn Infants Dignity Act

S1350 - Limited Article V Convention Rules

SJR101 - Reconsideration of Veto


At the MHS Tournament - Anna

Stay in Touch!

As always my goals are to best represent District 34’s views and interests, keep my oath to protect and defend the U.S. and State Constitutions, restrain government influence, keep taxes low, and support legislation that is constitutional, economical, and moral.  I always appreciate feedback from voters and citizens.  As you probably know, citizen input is very important and influential.  When you and others contact legislators, they have the power and incentives to protect rights and keep their oaths.  Together, we can keep Idaho great and free.

 

You and your friends can contact your legislators to make your views known by emailing or calling them.  To find your representatives’ and senators’ contact information you can go here, http://legislature.idaho.gov/about/idmap2.pdf   and here to get the addresses and phone numbers for them:  http://legislature.idaho.gov/house/membership.cfm   http://legislature.idaho.gov/senate/membership.cfm

 

 

Your Own Bill Tracker

Want updates on bills you’re watching this session?   Here are the steps to set up your own bill tracker:

  1. Go to legislature.idaho.gov
  2. Go to nearly the bottom of the list and click My Bill Tracker.”
  3. Follow the instructions to sign up/log in.  (You must have an email account and create a password so that updates can be sent to your email on bills you choose to track.)
  4. Follow the instructions on selecting bills to track and add to your list.
  5. On your tracking list don't forget to click "add email notification" so you will receive email updates on the bills you’ve chosen.