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H 409

THE GOVERNOR AND DISASTER EMERGENCIES – Amends existing law to revise provisions regarding the length and scope of a declaration of emergency by the governor.

68th Legislature, 1st Regular Session (2025)

House Bill H 409 empowers Idaho's legislature to end disaster emergencies anytime, limits governor's declarations to 60 days, and enhances oversight for better accountability.

Introduced, read first time; referred to: State Affairs
#emergencies #government #governor #legislature
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Bill Summary · H 409

Summary of House Bill H 409: The Governor and Disaster Emergencies

Purpose and Intent

House Bill H 409 aims to amend Idaho's emergency code (Section 46-1008) to enhance legislative oversight regarding disaster emergency declarations made by the governor. The bill seeks to ensure that the legislature can terminate a disaster emergency at any time through a concurrent resolution, while also establishing specific conditions under which the governor can declare such emergencies.

Key Provisions

  • Legislative Authority: The bill allows the Idaho legislature to end a disaster emergency at any time, providing a check on the governor's power.
  • Emergency Declaration Duration:
    • A disaster emergency declared by the governor can last for a maximum of 30 days initially.
    • The governor may extend this period for an additional 30 days if necessary, but cannot continue the emergency beyond 60 days without legislative approval.
  • Exceptions: The bill specifies that emergencies related to fires, floods, tornadoes, earthquakes, and invasive species can be declared without convening a special legislative session.
  • Governor's Powers: The governor retains the authority to issue executive orders and proclamations during a disaster, which must be essential for protecting life and property and should not impose unnecessary restrictions on the economy.
  • Emergency Management: The bill outlines the governor's powers to manage resources, command the militia, and take necessary actions to mitigate the disaster's impact.

Who Would Be Affected

  • State Government: The bill impacts the relationship between the governor and the legislature, providing the latter with more authority over disaster management.
  • Citizens: Residents of Idaho may experience changes in how disaster emergencies are declared and managed, potentially leading to quicker legislative responses to extend or terminate emergencies.
  • Emergency Services: Local and state emergency management agencies will need to adapt to the new provisions regarding the duration and oversight of disaster declarations.

Fiscal Impact

The fiscal note indicates that the costs associated with this legislation are negligible, primarily involving notification of the legislature. However, if a special session is called during an emergency, costs could amount to approximately $30,000 per day.

Legislative Timeline

  • Introduced: March 13, 2025
  • First Reading: March 13, 2025
  • Passed House: March 17, 2025
  • Referred to Senate: March 18, 2025

Conclusion

House Bill H 409 represents a significant shift in the balance of power between the Idaho governor and the legislature regarding disaster emergencies. By allowing the legislature to terminate emergencies and setting clear limits on the duration of such declarations, the bill aims to enhance accountability and responsiveness in emergency management.

Compiled from official sources — confirm details with the bill’s official record.

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