Here are the 8 measures that would limit Gov. Little’s emergency powers as Idaho faces COVID

Idaho legislators want Gov. Brad Little’s emergency restrictions over COVID-19 to end. And they’re using every tool available to ensure it happens sooner rather than later.

In the first week of the legislative session, lawmakers have introduced eight pieces of legislation that would curb the governor’s emergency powers and lift the disaster declaration over the coronavirus — at a time when Idaho’s reported cases are significantly higher than the first wave.

The eight pieces of legislation were introduced in the House and Senate state affairs committees, including several ways to end the emergency declaration, one addressing special legislative sessions and others addressing restrictions tied to the declaration.

The measures are all part of a coordinated effort among Republican leadership to limit the governor’s powers at times of emergencies and address loud calls among the public to stop COVID-19 restrictions.

Rep. Brent Crane, R-Nampa, chairman of the House State Affairs Committee, said he believes government has a role in protecting the public over COVID-19, but that he and his colleagues think the governor went too far.

“We all probably know somebody at this point that has died as a result of the coronavirus, and it’s sad,” Crane said Friday, adding that both his parents and three of his sisters have contracted the virus. “But the fact of the matter is, life has to go on. Life does have risk. And we have to get life back to normal, and that’s what we’re intending to do.”

Limits to what the governor can do during emergencies

A bill sponsored by House Assistant Majority Leader Jason Monks, R-Nampa, would lift the declaration but also addresses business restrictions.

Monks’ bill prevents disaster declarations from shutting down businesses and qualifies all workers as essential. It explicitly preserves constitutional rights during an emergency and states that the declaration must be essential to protecting “life or property.”

It also requires that any disaster declaration expire after 30 days, with the option for legislators to extend it. That means if the bill passes, the governor’s order would automatically expire.

State lawmakers would then have to decide whether to keep the emergency declaration in place and pass a separate resolution.

A separate House bill, sponsored by Rep. Sage Dixon, R-Ponderay, also states that an emergency is not a compelling reason to limit parental rights.

Limiting emergency declarations to ‘extreme peril’

A Senate bill, introduced by President Pro-Tem Chuck Winder, R-Boise, restricts the governor’s authority to declare emergency declarations in times of “extreme peril” and human-caused conditions.

It distinguishes the description in Idaho Code of an “enemy attack” to one that comes from “terrorists” or “foreign nation by terrorism.”

Like Monks’ legislation, this Senate bill would also prevent restrictions on businesses, protects constitutional rights and creates a 30-day expiration date for emergency declarations.

The governor still issues emergency declarations under Winder’s legislation. But the bill leaves it open for legislators to change or extend the declaration, or allocate emergency funds to address the “extreme peril.”

Lifting the COVID-19 emergency declaration

Four pieces of legislation would all lift the emergency declaration that has been in place since March, including Monks’ bill.

Rep. Heather Scott, R-Blanchard, introduced a separate resolution to end Little’s emergency declaration. This resolution wouldn’t make any long-term changes.

Scott’s resolution also wouldn’t prevent the governor from declaring another emergency over the coronavirus, for example, the next day. But Crane said legislators want to have as many options as possible to ensure they send a message.

“We’re just simply making sure that we’ve got all options on the table and sending a very clear message to the governor and to the people of Idaho that we have heard you,” Crane said. “We are here to solve your problems and to get this emergency ended as soon as possible.”

Scott’s resolution could jeopardize future FEMA funding, according to the fiscal note. That funding has been used to pay for most of the costs associated with the emergency, such as deployment of the Idaho National Guard and personal protective equipment for first responders.

Other Senate resolutions, introduced by Winder, would end COVID-19 emergency orders while trying to keep federal funding intact.

Legislators can hold special sessions

State legislators want the ability to call a special session. As Idaho law states now, only the state’s governor can call the Legislature back into a special session. The Legislature usually meets from January to about the end of March or into April but sometimes must be called back into session to pass laws on pressing issues.

Under a proposed constitutional amendment — sponsored by Reps. Steven Harris, R-Meridian, and Gayann DeMordaunt, R-Eagle — lawmakers could start special sessions within 15 days if it garnered 60% support from legislators in both the state House and Senate.

A constitutional amendment would require approval from Idaho’s voters. If two-thirds of the state House and Senate approve the legislation, it would still take time to place on the ballot. Voters would approve or reject the measure at the next general election, which would be in late 2022.

Gatherings of more than 10

Crane introduced a resolution Thursday that would lift the restriction on gatherings of more than 10 people under the governor’s emergency declaration.

While Monks’ bill would also remove the restrictions, Crane’s resolution would move more quickly since it wouldn’t need the governor to sign off. Crane expects the governor to take the full five days allotted to him to make a decision and then veto Monks’ bill, which would then need another vote to override the veto. The governor’s spokesperon said Little doesn’t comment on pending legislation.

The goal is to remove the restrictions before high school basketball tournaments begin late January, Crane said, to prevent teams from being disqualified if they’re in violation of the order and allow all family members to watch.

“That, to me, just seems absolutely and fundamentally wrong that a parent can’t be there to support their child,” Crane said.

This story was originally published January 16, 2021 at 4:00 AM.