Legislative Diary: Lawmakers take aim at Little's 10-person cap on public gatherings

Jan. 15—BOISE — The House State Affairs Committee introduced two more "balance of power" bills Thursday, continuing the legislative pushback on the governor's handling of the coronavirus pandemic.

One bill was prompted by the outcry over the 10-person cap on public gatherings — particularly with regard to school sporting events and extracurricular activities.

"What has happened to these children in the midst of a pandemic, in my opinion, is unconscionable," said State Affairs Chairman Brent Crane, R-Nampa, who sponsored the resolution. "As you're aware, they're allowed to go to school. So these kids can mix and mingle all day at school, but God forbid if they go to a basketball game and bring Mom and Dad and Grandma and Grandpa. For some reason we've determined that's illegal and should have enforcement provisions."

Gov. Brad Little's Stage 2 order caps attendance at 10 people for both public and private events. It includes exceptions for religious services, political rallies and educational classes, as well as for participants in extracurricular school activities. However, student-athletes are limited to inviting two spectators — meaning families are having to decide which parents, siblings or grandparents can attend a given event.

"I don't believe the Founding Fathers of the United States, when they fought for our freedom and independence, were fighting for a government that had enforcement and teeth when individuals choose to go to a basketball game," Crane said.

The Stage 2 order notes that much of the surge in COVID-19 infections last fall has been traced "to gatherings of people, including school-related events, social gatherings and recreational events. 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."

If approved, Crane's resolution would immediately suspend the 10-person cap on attendance for all events, public or private, including school activities. As written, it would also lift the restrictions requiring bar and restaurant patrons to be seated while consuming food and drink.

State law gives the Legislature the authority, if it's in session, to curtail gubernatorial emergency orders. Consequently, the governor couldn't veto Crane's resolution (or two similar resolutions introduced earlier this week that would end the emergency order in its entirety).

Rep. Julianne Young, R-Blackfoot, said she's received more calls on the school activities attendance cap than anything else since she was first elected.

"It's really sad what this is doing to families and communities," she said.

The second bill introduced Thursday was sponsored by Rep. Sage Dixon, R-Ponderay. It clarifies that an emergency order or declaration doesn't provide the "compelling governmental interest" needed to justify interfering with parental rights.

During the early stages of the coronavirus pandemic, Dixon said, he and other lawmakers received calls from parents who worried that the state could remove kids from homes or require medical intervention if there was a risk of exposure to the virus.

"Under our statutes, it says if the state has a 'compelling interest,' then it can step in between parental rights," he said. "What this bill does is clarify that an emergency order or disaster declaration is not a compelling state interest (suffucient) to abridge parental rights."

Five balance of power bills have now been introduced in the House, along with four in the Senate.

Crane said the State Affairs Committee will begin holding public hearings on some of the House bills next week. Testimony will be taken in person and remotely. Those wishing to testify remotely must sign up in advance, but the details on that are still being worked out.

Daily agendas for the State Affairs Committee, as well as all other House and Senate committees, can be found online at legislature.idaho.gov/sessioninfo and clicking on the "Calendars and Agendas" link.

Also on Thursday, the 18-member Economic Outlook and Revenue Assessment Committee peered into its crystal ball to estimate general fund tax collections this year and next.

It didn't peer very far, though. After working on the issue for two weeks, the committee recommended accepting the governor's fiscal 2021 and 2022 revenue projections of $4.25 billion and $4.4 billion, respectively.

The recommendation now goes to the joint budget committee, which will take it under advisement before choosing its own revenue target in February, when it begins setting the 2022 agency budgets.

The revenue target indicates how much income and sales tax revenue the state is expected to collect in a given fiscal year, and sets a cap on the amount that can be appropriated.

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

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