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Ex. DUT-ID-010 Standing duty Primary source read

Idaho Code section 46-1008 as amended by House Bills 391, 392 and 393 (2021) (text as in force from May 10, 2021, captured July 27, 2021)

The governor and disaster emergencies, as amended: orders must be essential and narrowly tailored without unnecessary restrictions on the ability to work; rights of assembly and free exercise preserved; no alteration of the Idaho Code

Idaho Legislature, Sixty-sixth Legislature, First Regular Session (H0393, 2021 ch. 355; H0392, 2021 ch. 356; H0391, 2021 ch. 357; all effective May 10, 2021) · Idaho (State)

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The record

Jurisdiction
Idaho
Level
State
Authority
Idaho Const. art. III; 2021 Idaho Sess. Laws chs. 355, 356, 357 (emergency clauses)
Issued
2021-05-10 May 10, 2021
Effective
2021-05-10
End
standing (read as 2021-09-30)
In force
Standing since May 10, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2021 Q22021 Q3
Limitation types
Emergency declarationStanding dutyOther
Addressees
  • the Governor and every State agency and political subdivision; persons generally through orders that remained in force
Character
statutory authority
Collection
Standing duties: Idaho DUT-ID

Operative words

Executive orders and proclamations have the force and effect of law; provided, however, that any such orders, proclamations, or rules must be essential to protect life or property... and must be narrowly tailored... without placing unnecessary restrictions on the ability for a person or persons, regardless of job type or classification, to work...

Penalty

None in the section

What it required

From May 10, 2021, kept the force-of-law clause but required every emergency order to be essential and narrowly tailored without unnecessary restrictions on work, barred any order limiting 'the right to peaceable assembly or free exercise of religion' (subsection (7)), and provided that 'the governor may not alter, adjust, or create any provision of the Idaho Code' (subsection (8)); the standing health-law duties (Exs. DUT-ID-001, DUT-ID-005, DUT-ID-007, DUT-ID-012) were untouched. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

Bill status pages: H0392 Session Law Chapter 356, Effective 05/10/2021; H0393 Session Law Chapter 355, Effective 05/10/2021; H0391 Session Law Chapter 357, Effective 05/10/2021. The Governor's public health disaster emergency continued under the amended Act to April 15, 2022 (Exs. ID-046, ID-047, ID-063), and the Stage 4 Guidelines (Ex. ID-013), EO 2021-04 (Ex. ID-028) and EO 2021-11 (Ex. ID-030) were issued or continued under it in Q3 2021.