Idaho ‘business bill of rights’ during emergency declarations passes in House
Idaho could soon have a “business bill of rights” aimed at allowing businesses to remain open, even during public health emergencies.
House members on Monday approved the bill that prohibits government entities from shutting down or placing any restrictions on businesses during disaster declarations.
House Bill 291 would create a “business bill of rights” and prohibit the state or local government from closing a business down, reducing its hours or changing its operations due to an emergency. It would also bar governments from threatening to revoke a business license for remaining open.
Rep. Brent Crane, R-Nampa, who sponsored the bill, said the government shouldn’t get to determine whether a business is essential.
“We started down a path that I think was very healthy for the state of Idaho,” Crane said on the House floor Monday. “Can you imagine if you were told that your business or your career was nonessential?”
The bill passed in a 54-14 vote mostly along party lines. Reps. Scott Syme, R-Caldwell, and Fred Wood, R-Burley, also voted against it. Wood, a retired physician, chairs the House Health and Welfare Committee.
Syme over the phone Monday said the bill was too broad and takes control away from local governments that should be making those decisions.
“There have been too many bills this session that take away local control, and this is one of them,” Syme said. “My primary concern was, we continuously take authority away from the local government and put it in the hands of the big state government.”
State legislators’ response to coronavirus restrictions
Idaho Republican legislative leaders have proposed a series of bills this session in response to loud cries from the public against coronavirus restrictions. The bills attempt to curb the governor’s emergency powers as well as local public health districts and prohibit a range of restrictions, including mask mandates.
Idaho has few restrictions left, and enforcement remains dependent on local jurisdictions. Crane’s bill would also bar government entities from fining a business for remaining open.
Rep. Brandon Mitchell, R-Moscow, said the restrictions impacted small businesses the most and believes the bill would send a message to their owners.
“I think it’s important that we stand up for those small businesses and that we take a stand and say, ‘We’re here for you,’” Mitchell said.
The legislation also states that the emergency declaration or public health order would end if a state or local government entity violates the “bill of rights.” Crane by phone Monday said he didn’t get a legal analysis on the bill.
House members on Monday also approved a resolution sponsored by Rep. Tammy Nichols, R-Middleton, that states the Legislature would be opposed to any attempts to mandate vaccinations.
Critics say bill ties government’s hands in common natural disasters
Democrats during the House debate criticized the bill for being too broad. They said they feared it would restrict the government’s ability to keep business owners safe during more common emergencies, such as a forest fire or flood.
Rep. Brooke Green, D-Boise, said she recognizes “all our businesses are essential” but that the bill will have unintended consequences in the government’s response to common emergencies in Idaho.
“When we move forward with legislation that unfortunately is knee-jerk or reactive to the issues at hand, we are really ... constraining our abilities to actually respond to other emergencies, emergencies that are common,” Green said Monday.
House Minority Leader Ilana Rubel, D-Boise, said the bill would prevent several “commonsense precautions” in disasters that would make a certain region unsafe.
“I do worry that we would be tying our hands from engaging in really necessary safety measures in the future,” Rubel said.
Crane said business owners are “very savvy individuals” who don’t need to be told what to do by the government during an emergency, and that it’s their risk to take.
“I don’t believe it’s the government’s job to tell that business owner under an emergency condition, whether it’s a forest fire or flood, what their hours of operation should be,” Crane said Monday. “I would trust the wisdom of business owners to make the right decision in those types of situations.”
This story was originally published March 15, 2021 at 2:57 PM.
