Idaho House passes bill that shifts more emergency powers to Legislature
After a rushed vote by Republican leaders, a bill to shift more emergency powers from the governor to the Legislature will move to the Senate.
The bill passed the House with a 49-20 vote, more than the two-thirds the House would need to withstand a veto by Gov. Brad Little. The Senate would also need to approve the bill by two-thirds.
House Assistant Majority Leader Jason Monks, R-Nampa, started an impromptu debate Tuesday over the bill. The debate began shortly after House Speaker Scott Bedke, R-Oakley, called Republican leaders into the hallway. Rep. Judy Boyle, R-Midvale, had tried Monday and Tuesday to start a speech about the inaction at the Legislature over the emergency declaration but was stopped twice.
“This is, to me, a start on what we need to do and what we need to fix,” Monks said on the floor. “I think it’s a fair approach to addressing future emergency declarations.”
With Monks’ new version of the legislation, House Bill 135, a declaration would automatically expire after 60 days, unless the Legislature decides to extend it. It could be extended for up to 365 days only for the purpose of receiving federal funding. The bill states that all jobs are essential, and that the state could not restrict workers by “job type or classification.” It also protects religious gatherings and other constitutional rights from restrictions.
Democrats say bill restricts ability to quickly respond to emergencies
Rep. John McCrostie, D-Garden City, said he doesn’t fault the governor for the actions he’s taken to try to protect the state during the pandemic.
“I would rather have been on the side that he had done too much than too little,” McCrostie said.
Rep. Steve Berch, D-Boise, said the bill would not stand the test of time. He gave an example: If Ebola had been airborne like the coronavirus, or if the coronavirus had been as lethal as Ebola, half the legislative body would be dead, he said.
“We need to make sure that the laws we write just don’t deal in reaction to what we have today, but for scenarios for the future,” Berch said.
House Assistant Minority Leader Ilana Rubel, D-Boise, said the bill would also restrict the governor’s ability in the future to suspend licensing requirements for retired health care providers for states of emergencies — which is what Little did this year, letting more than 1,000 providers help as hospital workers became overwhelmed to respond to COVID-19 cases.
During a House State Affairs Committee meeting, Rep. John Gannon, D-Boise, provided the example of $900 million in COVID-19 relief funding that the Legislature at the time had yet to spend. It had been five weeks into the session.
A large group of legislators “can’t take executive action,” Gannon said. “And that is the fundamental problem with the 60-day limitation and with this bill.“
Rep. Brooke Green, D-Boise, said that at times “we are our own barriers to be able to respond” to quick emergency decisions. She asked Monks whether, in a flood situation, lawmakers would have to call themselves into session to change laws and dredge a river.
Monks said he would hope the Legislature would be involved for a decision to dredge the river.
“I have more faith in 106 people than I do in one person,” Monks said.
‘The people within the state have a say’ over emergencies
Several Republican legislators said the bill was a reaction to loud cries from people outraged over COVID-19 restrictions.
Rep. Vito Barbieri, R-Dalton Gardens, said the bill assures that the Legislature “and the people within the state have a say on how that emergency is managed.”
He also minimized the pandemic. “We keep calling it a pandemic,” Barbieri said. “And a pandemic to me, at my age, was a lot of people dying, and we didn’t see that.”
Idaho has reported more than 1,800 deaths due to COVID-19. Over 486,000 have died nationwide because of the virus, according to the latest national reports.
Rep. Barbara Ehardt, R-Idaho Falls, said “the nation is looking to Idaho” to protect constitutional rights. She credited the state’s growth to the “freedom” Idaho provides its residents.
Ultimately the legislation passed mostly along party lines, with eight Republicans opposed.
Rep. Scott Syme, R-Caldwell, was one of eight Republicans who voted against it. He said lawmakers are looking to become a full-time Legislature and manage county-level emergencies they can’t currently anticipate.
“I can’t support that,” Syme said.
This story was originally published February 16, 2021 at 2:03 PM.
