Update-Rep. Heather Scott July 30, 2020

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Idaho State Legislture

Rep. Heather Scott Update                                                       July 30th, 2020         



On June 23rd, 2020, a Proclamation was read by Idaho legislators in the Idaho House of Representatives chamber requesting the Governor call an extraordinary session. Legislators attending were eager to share the concerns of their constituents regarding COVID “Pandemic” and related actions put forth by the Idaho executive branch and state agencies under its control. The event can be watched HERE (2:00 min. mark).  The signers of the Proclamation believe the Idaho Legislature has a constitutional obligation, and duty to convene before the January 2021 Legislative session to be active in making emergency policy. The legislative signers of this proclamation agree on the following:

  1. The Idaho Legislature must immediately convene to address a constitutional emergency created by the actions by the Governor’s Office.
  2. The Governor’s Office has clearly exceeded its authority and violated Article 2, Section 1 of the Idaho State Constitution addressing Separation of Powers, by exercising powers properly belonging to the legislature and deliberately preventing and avoiding legislative participation as required by law.   The Idaho Constitution is clear and states that no person or group of persons shall exercise any powers that belong to another branch of government.
  3. Legislators have a sworn duty to uphold the Idaho Constitution, and would violate their oath and fail their responsibility to the citizens of Idaho, if they do not immediately reconvene to address the current crisis in Idaho including violations of Idaho’s Separation of Powers provision.
  4. The legislature by concurrent resolution may terminate a state of disaster emergency at any time. (Idaho Code 46-1008(2))

Furthermore, the legislative signers of this Proclamation believe the Governor’s Office has exceeded its authority and violated the Constitution’s Separation of Powers provision by the following actions:

    • By suspending 24 Idaho statutes which is the role of the legislature.
    • By suspending Idaho Code 74-203, which precluded the legislature from formally convening which appears to be an active attempt to silence, undermine, and marginalize the legislature.
    • By appropriating funds which is the job of the legislature.
    • By expanded the budgets of the variously affected state departments, bureaus, and institutions.  
    • By spending funds for COVID testing of Idaho citizens, putting into place a contact tracing mechanism not appropriated by the legislature.

The signers also believe that the nature of this emergency, as described in the June 11, 2020 Proclamation no longer exists, and that continued stifling of citizens’ freedoms and economic hardships by remaining under emergency orders and  need to cease immediately.  


Since the proclamation has been circulated and delivered to the governor some progress has been made. Interim working groups have been set up to discuss the need to return to session and to discuss legislation that needs to be addressed immediately. Some of the topics being addressed include absentee ballot only for the 2020 general election; the governor’s questionable appropriation of funds; limiting the liability for businesses, schools and municipalities for COVID litigation; re-opening and the flexibility of school operations; health districts’ authority; and the governor’s emergency control power.



Article 4, Section 9 of the Idaho State Constitution states that the Governor can convene the legislature by proclamation and state the purposes the Governor is convening it for. It allows the Governor to limit special sessions to a subject or subjects. Article 5, Section 3 and 4 allow the Idaho House and Senate to convene as a court to discuss impeachment of the Governor.

I have taken an oath to uphold the Idaho Constitution. I believe in order to keep my oath and not fail my responsibilities to the citizens of Idaho. I need to do everything possible to encourage the Governor to call an extraordinary session to address the State of Idaho’s current emergency circumstances. When we allow the Governor to unilaterally change law and violate our constitution, we deny citizens a republic form of government. For those of you who want these issues addressed, I encourage you to call the Governor’s Office daily (208-334-2100) and request he end the “emergency” or request he call the legislature back into session to address the issues important to you.


Last week I interviewed a practicing Idaho physician concerning the mask mandates being ordered by various state health districts. You can watch the interview at this link to video. I think it is important to share his concerns with you because there is a lot of information being censored online, and it is important to know all sides of an issue.

Below are some excerpts from his document regarding forced face masking to treat or prevent SARS CoV2 and Covid-19. You can read his entire piece at this LINK, along with another doctor’s Covid update. The interview raised concerns on who can practice medicine, a person's natural right to self-determination regarding their medical treatment, and well-established medical guidelines regarding the expectations of informed, voluntary consent to said medical treatment.


Points of concern (excerpts from the interview):

  • When a facial covering (i.e. mask) is used to treat or prevent any disease (i.e. Covid-19), it can be classified as a medical “device” and falls under Federal Drug Administration (FDA) and the Federal Food, Drug & Cosmetic Act (FD&C) guidance. (LINK)
  • When a person/patient is instructed to wear or use a face mask, a device or an “instrument”, to treat or prevent a disease (i.e. Covid-19), it falls under the “practice of medicine” and is considered “medical treatment” by the Idaho Board of Medicine (LINK).
  • Based on this new mask policy, who now is allowed to practice medicine or prescribe medical treatments in Idaho? Committees, boards, individuals? To provide the best care and to clearly avoid complications and adverse effects of treatment or mask wearing, a doctor should establish a relationship with that patient. Committees should not be prescribing treatment to a general population in which no patient relationship exists.
  • Idaho common-law recognizes the right of a person to self-determination regarding a person's own medical treatment.
  • The Federal Code of regulation 42 CFR § 482.13(b)(1) Conditions of Participations: Patient’s Rights, states: “The patient has the right to participate in the development and implementation of his or her plan of care. (2) ….has the right to make informed decisions regarding his or her care. The patient's rights include being informed of his or her health status, being involved in care planning and treatment, and being able to request or refuse treatment. This right must not be construed as a mechanism to demand the provision of treatment or services deemed medically unnecessary or inappropriate….”
  • Where are the controls and checks and balances necessary to hold members of Committee, Boards and non-licensed individuals civilly and criminally accountable to the same standards as licensed doctors must adhere to?
  • Instructing the general public to wear a face mask to prevent the spread of a virus (i.e. SARS CoV2) or a disease (i.e. Covid-19), could be considered human medical experimentation since this has never been done before. The science is not settled, and there is no consensus of “standard of care” to refer to.
  • MANDATING mask wearing to prevent the spread of SARS CoV2 or Covid-19 or any other known contagious disease, could be a violation of human rights established in the Nuremberg Code which states, 'VOLUNTARY (emphasis added) human consent is essential' for human medical experimentation (LINK). Can these universal human rights be suspended by a government, board or committee in a pandemic like Covid-19? If so, what other human rights can be suspended?
  • Will/can (the Panhandle) Health District board be held individually responsible and held to the same standards as a physician would be?


No Health Care Emergency = No Massive Spending Activity

One message has been consistent through-out the past few months. Citizens are tired of the government taking advantage of their authority during these uncertain times and are starting to stand up for themselves and others.


  • Businesses and citizens across the state want Idahoans to have the liberty to choose, based on their own understanding of the scientific evidence, whether or not to mask themselves, their families, their employees, and their customers.  Because of this, many are uniting behind a raw milk dairy farmer in North Idaho named Paul Herndon.  He has retained counsel to pursue fighting for all Idahoans to be able to make their own medical decision in regards to masking. More information on this cause can be found at Herndon’s raw milk dairy website. (LINK)
  • Bonner County Commissioners have taken the lead to sue the governor and other state agency personnel for apparent mishandling of CARES Act funds being appropriated from his office through municipalities.  Their contention is that the Governor is asking local governments to certify his spending plans as legal when they are not.
  • Twenty-five county prosecutors across the state have objected to the governor’s Cares Act spending plans because the money is not being used primarily for COVID purposes as required.
  • Others are considering litigation for contract favoritism associated with federal COVID grant dollars appropriated through the state.


I hope you will remain engaged as our situations are changing daily. We must stand and demand protection for our freedoms and rights and not allow ourselves to whither in the face of adversity. I am still fighting for Idaho and hope you will too.