Rep. Vito Barbieri, R-Dalton Gardens, introduced a new version of his health care "nullification" bill this morning, and Barbieri said it's been toned down and made "kinder and gentler." "I think you could say it's no longer a nullification bill," he said. "We have removed the words 'null and void.'" The issue in the bill is no longer the controversial argument about whether states have the final say over which federal laws are constitutional, Barbieri said; now it's just about halting implementation of the health care reform law in Idaho. Also removed from the bill: Misdemeanor penalties for state employees who follow federal requirements under the bill.

Barbieri said the changes were made "to get it through the Legislature." He said, "There are politics," and said he got "pushback" on the original bill, which followed a course an Idaho Attorney General's opinion said would violate both the state and federal constitutions and Idaho lawmakers' oath of office.

Barbieri got lots of questions from the House State Affairs Committee this morning as he introduced the new version of the bill, particularly about its fiscal impact - which estimates that it'll save the state millions. Rep. Eric Anderson, R-Priest Lake, said some estimate should be included of the cost of defending the law. Barbieri, a California-licensed attorney who's not a member of the Idaho bar, said, "Responding as an attorney, it would be inappropriate for you to estimate what it would cost to defend any kind of a lawsuit. It would depend where it begins in the court system."

Rep. Phylis King, D-Boise, said the state already has received $2 million in federal funding to start insurance exchanges; she asked, "Do we have to give that $2 million back if this passes?" Barbieri responded that "it would certainly behoove" the state to return that money, but that the decision would be up to the Legislature.

Rep. Jim Guthrie, R-McCammon, asked why sponsors didn't seek an attorney general's opinion on the new bill, given the concerns raised in the earlier opinion. Barbieri said a federal court decision in Florida, one of four now equally split on the constitutionality of the health care law, was more important. "To go to the attorney general and ask them to second-guess what the Florida court is saying, in my opinion does not seem appropriate," Barbieri said. House State Affairs Chairman Tom Loertscher, R-Iona, said he's scheduled a hearing on the new bill for Wednesday.