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House approves bill clarifying legislative role in state disaster emergencies

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Summary

House Bill 409 clarifies how the legislature can terminate a declared disaster emergency and narrows some executive emergency authorities; the House passed the bill after brief debate 59-6-5.

House Bill 409, which clarifies procedures for state disaster emergency declarations and the Legislature’s role in terminating them, passed the Idaho House on March 17 by a vote of 59 ayes, 6 nays and 5 absent and excused.

The bill amends existing language on gubernatorial disaster emergency powers and creates a mechanism by which the Legislature may terminate a state disaster emergency by concurrent resolution, addressing a gap lawmakers said they identified in prior practice. The sponsor said the measure does not address emergencies caused by floods, fires, tornadoes, earthquakes or invasive species and clarifies a sixty-day reference in the statute.

Sponsor remarks emphasized the goal of providing a legislative mechanism to terminate a disaster emergency and to provide clarity about which types of emergencies are covered by the procedure. The bill also contains a provision about special sessions called by the lieutenant governor in which a disaster emergency may be declared.

The House debated the bill briefly, then voted. The clerk reported the recorded vote: 59 ayes, 6 nays, 5 absent/excused. The bill will be transmitted to the Senate.