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H 135 - Amends the Governor's Emergency Powers - Idaho Key Vote

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Title: Amends the Governor's Emergency Powers

Vote Smart's Synopsis:

Vote to pass a bill that amends the governor's emergency powers and classifies all jobs as essential.

Highlights:

 

  • Requires executive orders or proclamations must be essential to protect life or property from the occurrence or imminent threat of the state of disaster emergency (Sec. 1). 

  • Classifies all jobs as essential, meaning declared emergencies must not restrict the right of Idahoans to work, provide for their families, and otherwise contribute to the economy of Idaho. Such orders and proclamations must be narrowly tailored to their purposes and not restrict jobholders by job type or classification (Sec. 1).

  • Requires state of disaster emergencies to terminate as soon as (Sec. 1.a.i):

    • The governor finds that the threat or danger has passed or that the disaster has been dealt with to the extent that emergency conditions no longer exist;

    • The period for which the state of disaster emergency has been declared terminates; or

    • The legislature terminates the state of disaster emergency before the end of the period for which it was declared.

  • Prohibits a declared state of disaster emergency from continuing or be extended by the governor for longer than 60 days except for the sole purpose of collection processes to receive federal funding, benefits, and resources available for the declared disaster emergency (Sec. 1.b).

  • Authorizes the legislature to, by concurrent resolution,  extend the state of disaster emergency for up to 365 days (Sec. 1.c).

  • Specifies executive orders and proclamations must establish the facts regarding a threat to life or property, and the conditions which are causing the disaster (Sec. 1.d).

  • Specifies nothing will hinder the governor's ability to activate and use the national guard to respond to a declared emergency (Sec. 1.e).

  • Requires the governor to declare a state of disaster emergency when the president of the United States dealers a disaster or emergency and allows the governor to do the following (Sec. 1-6):

    • Enter into agreements with the federal government for the sharing of disaster recovery expenses involving public facilities;

    • Require as a condition of state assistance that a local taxing district be responsible for paying 40% of the non-federal share of costs incurred by the local taxing district that have been determined to be eligible for reimbursement by the federal government, provided that the total local share of eligible costs for a taxing district does not exceed 10% of the taxing district's tax charges;

    • Obligate the state to pay the balance of the nonfederal share of eligible costs within local taxing entities qualifying for federal assistance; and

    • Enter into agreements with the federal government for the sharing of disaster assistance expenses to include individual and family grant programs.

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