A short but very important update from Rep. Heather Scott 8-6-20

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Idaho State Legislture

Representative Heather Scott                                                            August 6th 2020       


Governor Brad Little announced yesterday that he will call the Idaho Legislature into a special session the week of August 24.  Here is the timeline he shared with legislators (quoted):

  • August 14 All approved RS language that has been voted out of each working group by a majority of House and Senate members are due to the Pro-Tem and Speaker.
  • August 17 Approved RS language that has been voted out of each working group by a majority of House and Senate members due to the Governor.
  • August 18/19 Governor will issue a proclamation calling for a Special Session.  Please note, just because an RS was sent to the Governor does not mean it will be included in the proclamation.
  • August 24 Special Session.

Yes, you read that correctly.  He wants PRE-VOTED & PASSED language (from committees) in hand before he will issue a proclamation.  His words and tone say "I want MY agenda and MY approved language only!" The big problem with that attitude is he doesn't have the authority to demand it.  Article 4, Section 9, of the Idaho Constitution gives the Governor the ability to select the subjects upon which the legislature may legislate in a special session.  The Governor cannot, however, dictate to the Idaho Legislature what the language of its bills will be.


Dictating to the Legislature what the exact language of legislation must be is a violation of the Separation of Powers mandated by Article II, Section 1, of the Idaho Constitution.  The Idaho Constitution in no way confers dictatorial powers to the Governor.  If the Governor wishes to make laws, perhaps he should consider resigning his current executive branch office and running for a legislative office.  


Speaking of Agendas.....



There has been much unnecessary division instigated among Idahoans, and harm done to the elderly, families and businesses, because of the Governor's reactions and overreactions to COVID.  He seems to be distancing or insulating himself from mandatory mask and quarantine edicts, as well as contact tracing, as fast as possible by passing the buck to regional health districts run by unelected bureaucrats.


On a legislative conference call with the Governor yesterday, he stated that he had lifted his unilateral extreme “emergency order” on June 11, and that the state is now operating under "rolling orders."  This notion of rolling orders apparently must mean he can continue his legally untenable declarations of emergency by executive fiat, issued every 30 days, by way of proclamations and orders.  Idaho code 46-1008 allows the Governor to extend a 30-day emergency order for an additional 30 days. It does not give him the authority to set up a perpetual and indefinite "rolling" state of emergency. The suggestion that he has such authority is simply preposterous.




I asked the Governor "If the emergency is declared over, does the cares money or the money spicket (faucet) turn off the federal money?"  The Governor's general council, Brian Wonderlich confirmed, "YES, the federal dollars are contingent on there being an emergency."   BOTTOM LINE:  No “emergency” = no more government spending frenzies with our tax dollars.  

I am hoping the legislature will be brave enough to end the "rolling" emergency on August 24!  



On the same call, the Idaho Department of Health and Welfare (IDHW) Director let legislators know that children who receive free and/or reduced-cost lunches would be contacted by IDHW staff directly to offer them federal funds.  IDHW plans to obtain the lists of those children receiving the meals from the schools.  I am still trying to understand if local schools can legally share demographic and program participation data with IDHW or any other agencies.  I am also looking into what strings (like possible forced vaccinations) will be attached when accepting this federal money.  I am generally and appropriately cautious anytime government seeks out citizens or groups to give them "free money."


I will stand against any efforts allowing for IDHW or other agencies to do any social and/or income profiling on children or their families under the guise of "helping.”  Transparency will be demanded to ensure this is not merely data collection aimed at target marketing for future social welfare programs.   I encourage all citizens to read anything you sign up for very carefully.  

I will leave you with some current data from the CDC. 

  • 2019 Idaho total deaths (all cases) from January to June: 7,091
  • 2020 Idaho total deaths (all cases) from January to June: 7,079

This decline in the overall death rate is not what I would have expected with a pandemic, extreme emergency, emergency, or "rolling orders."