Legislative Diary: ‘Pandemic is over’ declares Heather Scott

BOISE — Republican lawmakers began the third week of the 2021 session by opening a new front in their fight against coronavirus restrictions — this time by proposing limits to public health district powers.

One lawmaker also declared an end to the coronavirus pandemic, and another questioned why the University of Idaho would provide “a whole page of resources” for learning about Black Lives Matter.

Here are some highlights from a busy Monday at the Idaho Legislature:

“THE PANDEMIC IS OVER” — The House voted 55-15 to support a resolution lifting the Stage 2 Stay Healthy Idaho order’s 10-person cap on attendance at public and private events.

The cap was enacted to try to slow the surge in COVID-19 cases that began last fall.

The Stage 2 order notes that higher infection rates have been traced “to gatherings of people, including school-related events, social gatherings and recreational events.” It goes on to say that, “in the judgment of public health officials, reducing or limiting the size of these gatherings will reduce spread of the virus in communities and protect vulnerable Idahoans.”

Nearly 160,000 confirmed and probable cases of COVID-19 have been reported in Idaho since the pandemic began. That includes 1,681 deaths — more than a third of which have been reported since Dec. 1.

Nevertheless, during Monday’s floor debate, Rep. Heather Scott, R-Blanchard, declared that the pandemic “is over.”

“If you look at the facts and numbers, by all means the sick emergency is over,” she said. “There may be a debate about whether we still want to keep getting (federal relief) money; that’s a different story. But the pandemic is over.”

House Health and Welfare Chairman Fred Wood, R-Burley, said the ability to limit the size of gatherings “is one of the significant tools we have to limit the spread of communicable diseases. To eliminate that ability, I think, is inappropriate.”

Wood, a retired physician, was one of three House Republicans who opposed the resolution, along with all 12 House Democrats. Every representative from north central Idaho voted to support the bill.

Whether the pandemic is over or not, Rep. Brent Crane, R-Nampa, said the 10-person attendance cap infringes on the First Amendment right to peaceful assembly.

“The right to assemble — whether it’s for worship or to redress government — is a guaranteed right, irrespective of whether we’re in an emergency or not,” he said.

Crane, who co-sponsored the resolution, also objected to “inconsistencies” in the public health order, which allows people to shop in crowded retail stores, but restricts the number who can go to a school gymnasium to watch their kids play sports.

“I think one of the casualties of COVID has been common sense,” Crane said.

Several lawmakers said they’ve heard more complaints from constituents about this issue than any other aspect of the coronavirus pandemic. Others said responding to the virus should be a matter of personal choice, rather than government edict.

“Given the amount of information we’ve received over the last 10 months about the virus, I believe Idahoans have everything they need to make responsible decisions for themselves and their families,” said Rep. Gayann DeMordaunt, R-Eagle. “I believe in personal freedom, and I believe even more in the ability of Idahoans to exercise that freedom responsibly.”

The resolution now goes to the Senate for further action.

LIMITING PUBLIC HEALTH DISTRICT POWERS — House Republican Caucus Chairwoman Megan Blanksma, R-Hammett, introduced legislation giving county commissioners the authority to overturn certain public health orders.

The bill also reduces the penalty for violating such orders, lowering it from a misdemeanor to an infraction upon first or second offense.

The legislation says anyone adversely affected by a public health district order can ask their county commissioners to review the decision. The commissioners can then uphold or overturn the district action, by majority vote.

Similarly, any public health order issued by the director of the Department of Health and Welfare would be capped at 30 days, unless approved by the county commissioners or city council of the affected jurisdictions. That includes Idaho’s current statewide State 2 Stay Healthy Idaho public health order.

The House Health and Welfare Committee agreed to introduce the bill.

The committee also introduced legislation sponsored by Rep. Brandon Mitchell, R-Moscow, which makes a minor modification to the powers of municipal public health boards.

State code currently gives the boards authority to approve quarantine laws “and enforce the same within five miles of the city.”

However, Article XII, Section 2 of the Idaho Constitution only gives a city or county the authority to enforce laws “within its limits.”

Mitchell’s bill would eliminate the 5-mile language, so local health orders could only be enforced within city limits.

LEARNING RESOURCES — After informing the joint budget committee about major steps the University of Idaho has taken to get its budget in order, UI President Scott Green seemed a bit miffed when asked instead about a Black Lives Matter webpage.

Rep. Priscilla Giddings, R-White Bird, said it concerned her a little “that, on your website, you have a whole page of resources for learning more about Black Lives Matter. Is any state (funding) being used to support that?”

Green noted that providing opportunities for students to learn about other perspectives is actually one of the fundamental missions of higher education.

The webpage in question “is an educational site for people who want to know what the (BLM) movement is about,” he said. It doesn’t promote any particular viewpoint, but instead has links to books, podcasts and documentaries and other resources that students can review on their own.

“It has a number of different voices, including voices from a conservative perspective,” Green said. “I know some people try to make the case that (higher education) indoctrinates students, and they point to that website, but it just isn’t true. Hopefully legislators will see beyond that.”

Spence is the Tribune's political reporter. He may be contacted at bspence@lmtribune.com or (208) 791-9168.