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House Bill 392 — Governor, disaster emergencies

House Bill 392 — Governor, disaster emergencies

Parrish Miller
May 4, 2021

Bill Description: House Bill 392 adds language to prevent the governor from altering, adjusting, or creating any provision of Idaho Code during a state of disaster emergency.

Rating: +1

Analyst Note: House Bill 392 is one of three bills introduced at the end of the 2021 legislative session in an attempt to pass some of the protections for individual rights contained in House Bill 135, which was vetoed by the governor. 

Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?

House Bill 392 amends Section 46-1008, Idaho Code, by the addition of subsection (8), which says, "During any state of disaster emergency, the governor may not alter, adjust, or create any provision of the Idaho Code."

Only a tyrant would believe he could ever possess the unilateral authority to alter, adjust, or create law.


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