Rating: +1

Bill Summary:

House Bill 409 amends Idaho Code to restrict the scope and duration of the Governor’s emergency powers during a state of disaster emergency. The bill requires that a special session of the Legislature be convened before the Governor may declare a disaster emergency, except in cases involving wildfires, floods, earthquakes, tornadoes, or invasive species. Once declared, such an emergency may only last 30 days, with a one-time extension allowing for a maximum of 60 days. After that, only the Legislature may authorize any continuation.

The bill also explicitly bars the Governor from creating or altering statutory law by executive order and prohibits any action that would restrict Idahoans’ right to work, conduct business, or exercise Second Amendment rights. It guarantees that firearms, ammunition, and concealed carry permits cannot be regulated, confiscated, or revoked during a declared emergency. Additionally, the Legislature retains the power to terminate the emergency at any time by concurrent resolution. The bill takes effect immediately upon passage.

Reason for Rating:

House Bill 409 is a direct affirmation of the Idaho Republican Party Platform’s commitment to limited government, the separation of powers, and the preservation of individual liberties. It responds to concerns about executive overreach during past emergencies by restoring clear constitutional boundaries and legislative oversight. The bill ensures emergency declarations are narrowly defined, time-limited, and respectful of Idahoans’ rights to self-defense, economic freedom, and due process. It prevents the misuse of emergency authority while still allowing rapid response to true disasters. For these reasons, H0409 earns a +1 rating.