COVID-19 precautions scarce as lawmakers open special session for election, liability issues
With maskless protesters largely ignoring social distancing regulations, Idaho lawmakers opened their special session Monday, pitching bills to address issues caused by the coronavirus pandemic.
Bills introduced revolved around general election regulations in November, absentee ballots and whether businesses and governments can be held liable should a person contract COVID-19, the disease caused by the coronavirus.
Many of the state’s more conservative lawmakers did not wear masks or face coverings, despite the existing public health orders mandating masks be worn in Boise and throughout Ada County. Central District Health spokesperson Christine Myron said Monday that the health district’s mask mandate does apply to the Statehouse building and masks should be worn inside the building.
Residents gathered at the Statehouse on Monday morning and chanted “Let us in” when the Statehouse’s gallery seating filled up. Spectators were allowed to watch from the House and Senate galleries and in committee hearing rooms.
A glass panel on the door of the fourth floor House gallery was broken by some protesters. As of Monday morning, Idaho State Police had not reported any citations being issued for the damage or protests.
Several bill drafts were introduced on Monday morning in the House and Senate State Affairs committees, largely revolving around elections, and were also introduced in the House Judiciary, Rules and Administration Committees.
The Senate State Affairs Committee introduced two bills regarding elections. The first would allow county clerks to open absentee ballots seven days before the election to begin the process of scanning them and verifying signatures. They would not, however, count the ballots until Election Day.
The second bill would allow for voting centers. County clerks have asked for larger, localized voting centers because they are concerned they will not have enough volunteer poll workers to operate numerous polling locations. If the bill passes, there must be at least one voting center in each legislative district within each county and at least one center for every 15,000 registered voters.
In the House State Affairs Committee, three items were introduced, including a House resolution pitched by Rep. Jason Monks, R-Nampa. That legislation would ask the governor to consider paying poll workers more to incentivize them to work the election. It would also ask the governor to use up to $2 million in federal CARES Act funding for the expense and possibly use the Idaho National Guard to operate polls if clerks are still unable to find workers.
The resolution passed unanimously on Monday evening and it will move to the full House.
The House State Affairs Committee also unanimously passed Monday evening a bill that would allow for in-person voting, even during a state of emergency.
Rep. Steven Harris, R-Meridian, pitched House Concurrent Resolution 1, which would allow the Legislature to terminate the state of emergency put in place by Gov. Brad Little. Harris said it would not impact the state’s access to federal CARES Act funding, but it could have an impact on Federal Emergency Management Agency (FEMA) funding, which is dependent on the emergency declaration.
Rep. Brooke Green, D-Boise, argued that FEMA funding includes money for needed personal protective equipment that is provided to hospital workers and long-term care facilities.
“Revoking this declaration and revoking the ability to draw those funds will put that cost on the state,” said Green, who voted against it.
Rep. Vito Barbieri, R-Dalton Gardens, called some of the regulations put in place “draconian.”
“We’re addressing what I believe is the overreach of the gentleman on the second floor,” Barbieri said about the governor.
Harris’ resolution moved forward, despite four no votes. Rep. Linda Wright Hartgen, R-Twin Falls, was the only Republican to vote no. It must now go before the full House for a vote, and then the Senate.
The House Judiciary, Rules and Administration Committee is usually held in a smaller room, but it was moved to the Lincoln Auditorium due to the large turnout wanting to attend. Roughly 150 people were in the room.
Many were upset they were not able to testify during the bills’ initial print hearings. Testimony during those specific hearings, like the one held Monday morning and print hearings during the regular legislative session, is not accepted. In the legislative process, testimony is generally accepted at the next scheduled hearing after the print hearing on all bills.
Rep. Melissa Wintrow, D-Boise, excused herself from the hearing, saying the environment was unsafe due to the lack of social distancing. The crowd booed her when she made the announcement, and she said the behavior was “appalling.”
The House committee moved four bills forward. One bill, deemed the “COVID-19 Limited Immunity Act,” largely makes a person “immune from civil liability for damages or an injury resulting from exposure of an individual to COVID-19 on the premises owned or operated by the person or during an activity managed by the person.”
Testimony on the bills was heard Monday afternoon by the House Judiciary, Rules and Administration Committee, but no vote was taken. Rep. Greg Chaney, R-Caldwell, is chairman of the committee and said he will take further testimony at the next hearing, which hasn’t been scheduled yet.
Testimony was overwhelmingly negative, asking the committee to vote against any legislation about immunity. Some felt it was government overreach, others felt it would add burdens to businesses, and some went so far as to compare Idaho’s government to a Communist government.
Committee members rejected a bill pitched by Rep. John Gannon, D-Boise, that would have held K-12 public schools liable if someone gets sick. Gannon argued that sending children to school is mandatory, so the government should be held accountable if someone gets sick while attending.
The bills must now go before the legislative bodies for another read.
This story was originally published August 24, 2020 at 3:52 PM.
