HB 298 has passed the House on a 50-17 vote, with all 13 House Democrats joined by four Republicans - Reps. Smith, Trail, Wood and Nesset - in opposing it. Rep. Vito Barbieri, R-Dalton Gardens, told the House, "We're just targeting the discretionary aspects of this. So with that I would appeal to your 'yes' vote."

Barbieri earlier sponsored legislation to "nullify" the federal law; it passed the House despite two Idaho Attorney General's opinions saying it was unconstitutional, but then died in a Senate committee. The new version declares that aspects of the health care reform are unconstitutional, and orders a one-year ban on implementation of discretionary pieces of the law, including accepting any federal funds.

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