Bill Description: Senate Concurrent Resolution 103 terminates the order of isolation issued by the governor and director of health and welfare, dated Dec. 30, 2020.

Rating: +2

Analyst Note: Senate Concurrent Resolution 103 is one of several resolutions introduced during the 2021 session to end all or some portion of the existing state of disaster emergency and the associated order of isolation in Idaho.

It should be noted that Senate Concurrent Resolution 103 does NOT end the state of emergency that has been in effect in some form over the last 300+ days. It also does nothing to slow or stop the inflow of debt-financed federal dollars, with their associated obligations. 

Likewise, Senate Concurrent Resolution 103 will not end any of the "emergency" infringements on individual liberty imposed by cities, counties, health districts, school districts, and other governmental entities.

Terminating the order of isolation is a positive step as outlined below, but this action also fails to provide any restitution to those who were harmed by the government's actions over the last year. 

Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in the market?

Terminating the order of isolation issued by the governor and director of health and welfare, dated Dec. 30, 2020, will repeal the following mandates that are presently imposed on businesses and individuals in Idaho: 

• All patrons of bars and restaurants must remain seated while consuming food or drink or when otherwise remaining on the premises, except for when entering, exiting, or using the restroom.
• Seating in bars and restaurants must be arranged and maintained so that tables are spaced at least six feet apart.
• Nightclubs may operate as bars only and must comply with the regulations imposed on bars and restaurants.
• Employers must develop and implement measures to ensure employees and customers maintain at least six-foot physical distancing from other individuals whenever possible; provide adequate sanitation and personal hygiene for employees, vendors, and patrons; and frequently disinfect commonly touched and high-traffic areas and regularly clean them.

(+1)

Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for nonviolent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?

Terminating the order of isolation issued by the governor and director of health and welfare, dated Dec. 30, 2020, will repeal the following mandates that are presently imposed on businesses and individuals in Idaho: 

• Gatherings of more than 10 people, both public and private, are prohibited.
• People participating in gatherings of 10 or fewer people, while permitted, must adhere to special physical distancing and sanitation requirements.
• Individuals not residing within the same household must maintain at least six-foot physical distancing from other individuals whenever possible.
• Anyone who enters a long-term care facility or campus who is not a resident must wear a face covering the nose and mouth at all times.

As a violation of any of these mandates "may constitute a misdemeanor punishable by fine, imprisonment, or both pursuant to Idaho Code§ 56-1003(7)(c)," ending the state of emergency directly reduces the possibility of being arrested, cited, or penalized for engaging in voluntary and victimless actions.

(+1)