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Lawmakers seek to curb Idaho governor's emergency authority

Keith Ridler | Hagadone News Network | UPDATED 3 years, 10 months AGO
by Keith Ridler
| January 13, 2021 12:14 AM

BOISE, Idaho (AP) — A power struggle between lawmakers and Republican Gov. Brad Little has begun.

Republicans in the House brought forward three pieces of legislation Tuesday aimed at increasing the part-time Legislature’s authority while limiting the governor’s regarding emergency declarations. Public hearings on the legislation are expected in the coming weeks.

The move comes amid lawmakers’ dissatisfaction with being left out of the decision-making process concerning coronavirus restrictions that started March 13 following Little’s emergency declaration that remains in effect. Among the current restrictions is a limit on public and private group sizes to 10 or less, excluding religious or free-speech gatherings.

Lawmakers say they should also have had a say in spending decisions concerning the $1.25 billion Idaho received in 2020 from the federal government in coronavirus rescue money. Little divvied up the money based on recommendations from his Coronavirus Financial Advisory Committee, which includes a number of lawmakers.

Republican Rep. Jason Monks told lawmakers on the House State Affairs Committee that the current system is a relic from the Cold War-era that failed this year by concentrating too much power with the governor.

The legislation is “an attempt to help restore some balance that we have between the legislative branch and the executive branch,” Monks said.

Currently, a governor's emergency declaration is limited to 30 days, but the governor can renew it. The legislation put forward by Monks requires the declaration to expire unless the legislature renews it. The legislature could also extend the emergency declaration.

Republican Rep. Steven Harris introduced legislation seeking a constitutional amendment allowing lawmakers to call themselves back into session. Currently, only the governor can call a special session. Specifically, lawmakers could call themselves back into session if 60% of members in each the House and Senate approve.

The cost of a special session would be $21,300 per day, according to the proposed legislation.

“A high cost, but if we're in session we will make it worthwhile on whatever agitation might be causing us to act,” Harris said.

A constitutional amendment would have to be approved by voters in the November election, and it wouldn't give lawmakers the ability to call themselves into special session until 2022.

Finally, Rep. Heather Scott put forward legislation to immediately end Little's coronavirus emergency declaration. If lawmakers were to pass the legislation, it would cost the state millions of dollars from the Federal Emergency Management Agency, or FEMA, that the state is eligible for with the emergency declaration in place.

Little in March issued the emergency declaration and later a stay-at-home order as the coronavirus threatened to overwhelm the healthcare system by sickening doctors and nurses. The order gave healthcare facilities and the state time to get needed supplies such as masks and other personal protective equipment.

The stay-at-home order contained a provision defining workers as essential and allowed to travel to their jobs.

“I found that quite offensive when I was told some jobs were considered essential and some jobs were not,” Monks said. “I asked to who? If that's your source of income and you provide for your family that way, then that job is pretty essential regardless of what that job is.”

The restrictions put in place in March were gradually lifted over the summer, but some have been put back in place as virus infections and deaths rose in recent months.

Idaho joins at least 17 other states currently considering enacting limits on executive powers, according to the National Conference of State Legislatures.

The Idaho Department of Health and Welfare says that 150,000 Idaho residents have been sickened by the virus, and more than 1,500 have died.

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