Wednesday, October 08, 2025
70.0°F

Council serves to protect state's sovereignty

George Eskridge | Hagadone News Network | UPDATED 11 years, 8 months AGO
by George Eskridge
| February 2, 2014 6:00 AM

In my last article I stated that in the governor’s budget recommendation he asked that 1 million dollars be transferred to the Constitutional Defense Fund. As a result several Daily Bee readers in the comment section associated with the article asked why Idaho had this fund and what it was used for. Given that interest I thought a discussion of the fund would be of interest.

The Idaho Constitutional Defense Council was passed by the Legislature in 1995 and in that same legislation established the constitutional defense council fund that would be funded by appropriations, gifts, grants and other council moneys.

The purpose of the council “includes, but is not limited to, restoring, maintaining and advancing the sovereignty and authority over issues that affect this state and the well-being of its citizens.”

The legislation goes on to say: The council, in the name of the state or its citizens, may examine and challenge by legal action, legislation or any other legal means: 1) federal mandates, 2) court rulings, 3) the authority granted to, or assumed by the federal government, 4) any other activity that is deemed appropriate by the council.

The legislation also authorizes “that notwithstanding any other provision of law to the contrary, the council may hire legal counsel for the purpose of this chapter and may utilize staff and resources within state government.”

Because of costs related to Idaho legal activities within the authorization of the council, the fund was depleted to $185,000 in 2011 and in the 2012 legislative session the Legislature appropriated an additional $500,000 to the defense fund. The $1 million transfer recommended by the governor adds to this balance.

I have also received several emails from constituents in our area over the recent announcement by the speaker of the house proposing to eliminate the grocery tax credit for middle and high income Idaho residents and using that increase of $70-$80 million in tax revenues to lower the corporate and personal income tax rate. Since his announcement the speaker has received additional information that indicated that his proposal would actually increase the tax liability of many middle class families. As an example, families of four earning between $32,500 and $117,500 would see a tax increase.

Because of the analysis on the tax impact, the speaker in recognition of this impact announced his withdrawal of the proposal. Speaker Bedke in his statement announcing the withdrawal of his proposal stated “I certainly didn’t want your taxes to go up for having done this.” The end result: the grocery tax credit will remain as it is now being implemented.

One other legislative proposal that could impact local government organizations is legislation that bans state lawmakers from serving in other elected posts while serving in the Legislature. The legislation narrowly passed the House State Affairs Committee on Jan. 29 and will now go to the House floor for consideration.

Some legislators serve on highway districts or other local taxing districts that are sometimes difficult to fill and opponents of the legislation are using this concern in voicing opposition.

It is my honor to be a member of your District 1 legislative team and we encourage you to continue to provide us your input as we continue through the legislative session.

Thank you!

• George Eskridge serves as Idaho state representative for District 1B.

ARTICLES BY GEORGE ESKRIDGE

March 2, 2014 6 a.m.

Legislature tackles agriculture, gun bills

We ended Day 54 of this legislative session on Friday, Feb. 28, and we are more than halfway through the session if we adjourn on March 21 as scheduled.

January 21, 2014 6 a.m.

The rest of the story on Idaho's budget

Sen. Shawn Keough, R-Sandpoint, in her column of last week referred to Gov. C.L. “Butch” Otter’s State of the State address and his recommendations on how the state should spend its money, emphasizing the governor’s plans to replenish some of the education funding we have had to cut over the past several years because of the economy.

February 2, 2014 6 a.m.

Council serves to protect state's sovereignty

In my last article I stated that in the governor’s budget recommendation he asked that 1 million dollars be transferred to the Constitutional Defense Fund. As a result several Daily Bee readers in the comment section associated with the article asked why Idaho had this fund and what it was used for. Given that interest I thought a discussion of the fund would be of interest.