Senate introduces legislation to eliminate criminal penalties tied to social distancing mandates
The Senate State Affairs Committee held a print hearing on a draft resolution by Senate Majority Leader Kelly Anthon, R-Delco, and Senator Steve Vick, R-Dalton Gardens, that would eliminate criminal penalties tied to social distancing mandates. The legislation also seeks to help Idaho businesses struggling during the pandemic by removing business restrictions and would allow parents to attend their children’s extracurricular activities. The resolution encourages personal responsibility for health and safety practices and allows local communities to respond to public safety needs.
Senate GOP leadership is working in concert with the Governo and the state officials to distribute COVID-19 vaccines quickly and reinforced that they have not advanced any legislation that would prevent accessing of federal emergency funds.
Idaho’s Heath and Welfare Director is currently authorized in the Title 56-1003(7) to issue isolation and quarantine orders. CDC and the U.S. Department of Health and Human Service (HHS) both define quarantine as something that “separates and restricts the movement of people who were exposed to a contagious disease to see if they become sick” and isolation as something that “separates sick people with a contagious disease from people who are not sick".”
On December 30, 2020, the Governor and the Director of the Idaho Department of Health and Welfare issued an order of isolation that restricted business activities, prohibited public and private gatherings, requiring non-familial physical distancing, and prohibiting non-participants from being present at school extracurricular activities. Isolation and quarantine of isolation as defined are outside of the Director’s statutory authority.
“It’s important to note, the resolution does not limit local control,” Senator Anthon said. “Local governments still retain their authority - and right - to pass and enforce local health orders that make sense for their communities, but the statewide, one-size, restrictions need to end.”
In a 6-2 vote, the Committee voted to approve the RS (proposed legislation).