Amends existing law to revise provisions regarding the length and scope of a declaration of emergency by the governor.
House Bill 409 revises Idaho’s disaster emergency statute governing the governor’s powers during a declared emergency. The bill keeps the governor’s authority to issue executive orders and proclamations, but adds language requiring those orders to be essential to protect life or property and narrowly tailored so they do not unnecessarily restrict people’s ability to work, provide for their families, or contribute to the state economy. It also changes when a disaster emergency may be declared, tying certain declarations to the governor’s authority to call a special legislative session, while preserving a separate path for emergencies involving fires, floods, tornadoes, earthquakes, or invasive species.
The bill also limits the duration of a disaster emergency to 30 days unless renewed once for another 30 days, for a maximum of 60 days, unless the legislature ends it sooner by concurrent resolution. It preserves many existing emergency powers, including use of state resources, evacuation authority, control of movement, and temporary housing, but adds explicit protections for firearms and constitutional rights. It bars the governor or other state or local entities from imposing additional firearm restrictions, suspending concealed carry licenses outside existing law, or confiscating firearms or ammunition during an emergency. It also states that the governor may not alter, adjust, or create provisions of the Idaho Code during a disaster emergency.
H0409 would amend section 46-1008 of the Idaho Code, narrowing and clarifying the governor’s emergency authority while leaving the core disaster-response framework in place. It would impose new statutory limits on the scope and duration of disaster declarations, require emergency orders to be narrowly tailored, and expressly prohibit changes to firearm-related rights and other constitutional protections during emergencies. The bill would take effect July 1, 2025, under an emergency clause.
The available vote history suggests the bill had strong support in the House, passing third reading 59-6. That margin indicates broad agreement with the bill’s effort to limit emergency powers and protect economic activity and individual rights during disasters. No committee transcript is available, so the discussion record does not show detailed debate, but the vote pattern points to generally favorable sentiment.
The main points of contention are likely the bill’s restrictions on gubernatorial emergency authority and its specific protections for firearms and constitutional rights. Supporters appear to favor limiting prolonged emergency declarations, preventing broad restrictions on work and commerce, and ensuring the governor cannot use emergency powers to regulate firearms or alter the Idaho Code. Opponents, reflected in the small number of no votes, may have concerns that the bill could reduce executive flexibility in fast-moving emergencies or constrain public-safety responses.