Bill Description: House Bill 409 would require the governor to convene a special session of the Legislature if he wishes to declare a disaster emergency, with certain exceptions, and limit the duration of the disaster emergency to 60 days. 

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NOTE: House Bill 409 is related to House Bill 344 (2025). This bill allows the governor to declare an emergency under certain circumstances without convening a special session. 

Does it in any way restrict public access to information related to government activity or otherwise compromise government transparency, accountability, or election integrity? Conversely, does it increase public access to information related to government activity or increase government transparency, accountability, or election integrity?

Section 46-1008, Idaho Code, allows the governor to declare a "disaster emergency" by executive order or proclamation and to exercise expanded powers during this period. The law provides some checks on this power. One is that "no state of disaster emergency may continue for longer than thirty (30) days unless the governor finds that it should be continued for another thirty (30) days or any part thereof."

A plain reading of this language suggests that 30 plus 30 equals 60 and therefore the maximum duration of a disaster emergency would be 60 days. History, however, has revealed a more permissive interpretation by which the governor may string together an unlimited number of 30-day extensions. This effectively renders the limitation meaningless. 

House Bill 409 would add a more concrete limitation to the statute, saying, "The governor shall not continue the state of disaster emergency beyond sixty (60) days from the date the disaster emergency was declared."

(It remains unclear if the governor could simply declare a "new" disaster emergency rather than extend an existing one after the 60-day period has expired.) 

The second check on the governor's power says, "The legislature by concurrent resolution may terminate a state of disaster emergency at any time." But the Legislature is usually only in session for a few months out of the year, making it difficult for legislators to quickly terminate a declared state of disaster emergency when they are not in session.

House Bill 409 would add language allowing the governor to declare a "disaster emergency" only if he has also convened "a special session of the legislature by proclamation under section 9, article IV of the constitution of the state of Idaho" and the "stated purpose for convening the special session includes the matter of the disaster emergency."

An exception would be made for "disaster emergencies related to fires, floods, tornadoes, earthquakes, or invasive species." In those cases, "the governor may declare a disaster emergency without exercising his authority to convene a special session."

Requiring the governor to convene a special session before declaring a “disaster emergency” provides the Legislature the practical ability (in addition to the statutory authority) to terminate the state of disaster emergency. While this bill creates exceptions not found in House Bill 344, it would still apply in the case of a disease outbreak or pandemic.

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