Idaho 66th Legislature, 1st Regular Session (2021) Status: Enacted

S 1136 — MARTIAL LAW – Amends existing law to revise provisions regarding the authority of the Governor during a state of extreme peril and to provide that the Governor may not alter, adjust, or suspend any provision of Idaho Code in certain instances.

Last action — Senate vote to override vetoFAILED (less than two-thirds) - 23-12-0AYES – Agenbroad, Anthon, Bair, Bayer, Burtenshaw, Cook, Crabtree, Den Hartog, Grow, Harris, Heider, Johnson, Lakey, Lee, Lent, Rice, Ricks, Riggs, Souza, Thayn, Vick, Winder, ZitoNAYS – Burgoyne, Guthrie, Lodge, Martin, Nelson, Nye, Patrick, Rabe, Stennett, Ward-Engelking, Wintrow, WoodwardAbsent and excused – NoneVeto SUSTAINED by SenateFiled in Office of Secretary of Senate

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 23, 2021. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

What changed in the latest version

25 added · 25 removed

25 line(s) added, 25 removed.

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1136, As Amended, As Amended in the House BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO MARTIAL LAW;
1136, As Amended BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO MARTIAL LAW;
provided, however, if the governor must maintain the proclamation of the state of extreme peril solely for the purpose of receiving federal funding, benefits, or resources as a result of a federally declared disaster emergency and if the receipt of such fund - ing, benefits, or resources does not require the imposition of any conditions or restrictions prescribed in the proclamation, then the governor's proclamation shall continue in effect solely for the purpose of receipt of federal funding, benefits, or resources, and any condi - tions or restrictions contained in the proclamation shall no longer be in effect.
provided, however, if the governor must maintain the proclamation of the state of extreme peril solely for the purpose of receiving federal funding, benefits, or resources as a result of a declared disaster emergency and if the receipt of such funding, bene - fits, or resources does not require the imposition of any conditions or restrictions prescribed in the proclamation, then the governor's proclamation shall continue in effect solely for the purpose of receipt of federal funding, benefits, or resources, and any conditions or re - strictions contained in the proclamation shall no longer be in effect.
All other provisions of the proclamation shall expire un - less the legislature by concurrent resolution extends the duration of the state of extreme peril.
All other provisions of the proclamation shall expire unless the leg - islature by concurrent resolution extends the duration of the state of extreme peril.
The governor may not circumvent the sixty (60) day limitation by redeclaring successive states of extreme peril for the same conditions threatening the safety of persons or property within the state in the absence of an extension by the legislature.
The governor may not circumvent the sixty (60) day lim - itation by redeclaring successive states of extreme peril for the same conditions threatening the safety of persons or property within the state in the absence of an extension by the legislature.
(c) If the legislature is in a regular session during a state of extreme peril or in an extraordinary session to address the state of extreme peril, the legislature may take legislative action to terminate or modify emergency orders of general applicability or to respond to the extreme peril, including appropriating necessary emergency funds.
(c) If the legislature is in a regular session during a state of extreme peril or in an extraordinary session to address the state of extreme peril, the legislature may consider any legislation to terminate or modify emergency orders of general applicability or to respond to the extreme peril, including appropriating necessary emergency funds.
(d) Upon taking legislative action under paragraph (c) of this sub- section, the governor must then immediately notify the public that the state of extreme peril has been modified or terminated.
(d) Upon passage of legislation under paragraph (c) of this subsection, the governor must then immediately notify the public that the state of extreme peril has been modified or terminated.
(3) During the continuance of any proclaimed state of extreme emergency, insurrection, peril or martial law, neither the governor nor any agency of any governmental entity or political subdivision of the state shall impose additional or enforce federal restrictions prohibited under Idaho law on the lawful manufacturing, possession, transfer, sale, trans- port, storage, display, or use of firearms or ammunition or otherwise limit or suspend any rights guaranteed by the United States constitution or the constitution of the state of Idaho, including but not limited to the right to peaceable assembly and free exercise of religion.
(3) During the continuance of any proclaimed state of extreme emergency, insurrection, peril or martial law, neither the governor nor any agency of any governmental entity or political subdivision of the state shall impose or enforce additional restrictions prohibited under Idaho law on the lawful manufacturing, possession, transfer, sale, transport, stor- age, display, or use of firearms or ammunition or otherwise limit or suspend any rights guaranteed by the United States constitution or the constitution of the state of Idaho, including but not limited to the right to peaceable assembly and free exercise of religion.
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Amendments

1 amendment

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Action History

  1. Senate vote to override vetoFAILED (less than two-thirds) - 23-12-0AYES – Agenbroad, Anthon, Bair, Bayer, Burtenshaw, Cook, Crabtree, Den Hartog, Grow, Harris, Heider, Johnson, Lakey, Lee, Lent, Rice, Ricks, Riggs, Souza, Thayn, Vick, Winder, ZitoNAYS – Burgoyne, Guthrie, Lodge, Martin, Nelson, Nye, Patrick, Rabe, Stennett, Ward-Engelking, Wintrow, WoodwardAbsent and excused – NoneVeto SUSTAINED by SenateFiled in Office of Secretary of Senate

  2. Returned from Governor vetoed on 04/16/21

  3. Reported delivered to Governor at 4:17 p.m. on 04/12/21

  4. Reported signed by the Speaker & ordered delivered to Governor

  5. Received from Senate; Signed by Speaker; Returned to Senate

  6. Reported enrolled; signed by President; to House for signature of Speaker

  7. Rules Suspended (2/3 Vote - Read in full as required) – Read third time as amended in the House – PASSED - 28-7-0AYES – Agenbroad, Anthon, Bair, Bayer, Burtenshaw, Cook, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Johnson, Lakey, Lee, Lent, Lodge, Martin, Patrick, Rice, Ricks, Riggs, Souza, Thayn, Vick, Winder, Woodward, ZitoNAYS – Burgoyne, Nelson, Nye, Rabe, Stennett, Ward-Engelking, WintrowAbsent and excused – NoneFloor Sponsor - AnthonTitle apvd - to enrol

  8. Read second time as amended in the House, filed for Third Reading

  9. Read first time as amended in the House, filed for Second Reading

  10. Reported engrossed, filed for first reading, as amended

  11. Senate concurred in House amendments; referred to engrossment

  12. Referred to 10th Order for possible concurrence

  13. Returned from House, amended

  14. Rules Suspended: Ayes 70 Nays 0 Abs/Excd 0, read in full as required – PASSED - 54-16-0AYES – Adams, Addis, Amador, Andrus, Armstrong, Barbieri, Blanksma, Boyle, Bundy, Cannon, Chaney, Christensen, Clow, Crane, DeMordaunt, Dixon, Ehardt, Erickson, Ferch, Furniss, Galloway, Gestrin, Giddings, Hanks, Harris, Holtzclaw, Horman, Kauffman, Kerby, Kingsley, Lickley, Marshall, Mendive, Mitchell, Monks, Moon, Moyle, Nate, Nichols, Okuniewicz, Palmer, Scott, Shepherd, Skaug, Syme, Troy, Vander Woude, von Ehlinger, Weber, Wisniewski, Yamamoto, Young, Youngblood, Mr. SpeakerNAYS – Berch, Chew, Davis, Gannon, Gibbs, Green, Hartgen, Manwaring, Mathias, McCrostie, Nash, Necochea, Rubel, Ruchti, Toone, WoodAbsent – NoneFloor Sponsor - MonksTitle apvd - to Senate

  15. Read second time; Filed for Third Reading

  16. Read first time as amended in House; Filed for Second Reading

  17. Amendments reported printed

  18. Filed for First Reading

  19. Amendments Referred to the JRA for Printing

  20. Reported out without recommendation as amended

  21. Referred to the Committee of the Whole

  22. Reported out of Committee, Recommend place on General Orders

  23. Read First Time, Referred to State Affairs

  24. Received from the Senate, Filed for First Reading

  25. Read third time in full as amended – PASSED - 27-7-1AYES – Agenbroad, Anthon, Bair, Bayer, Burtenshaw, Cook, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Johnson, Lakey, Lee, Lent, Lodge, Martin, Patrick, Rice, Riggs, Souza, Thayn, Vick, Winder, Woodward, ZitoNAYS – Burgoyne, Nelson, Nye, Rabe, Stennett, Ward-Engelking, WintrowAbsent and excused – RicksFloor Sponsor - AnthonTitle apvd - to House

  26. Read second time as amended, filed for Third reading

  27. Read first time as amended, filed for Second Reading

  28. Reported engrossed, filed for first reading, as amended

  29. Amendments reported printed

  30. Amendments ordered printed; referred for engrossment

  31. Reported out without recommendation, as amended

  32. Placed in the Committee of the Whole

  33. Reported out of committee; to 14th Order for amendment

  34. Reported Printed; referred to State Affairs

  35. Introduced; read first time; referred to JR for Printing

Sponsors

  • STATE AFFAIRS COMMITTEE · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 104 not signed on

Sponsors (1)

  • STATE AFFAIRS COMMITTEE

Co-sponsors (0)

None.

Not signed on (104)

104 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors S 1136?
S 1136 is sponsored by STATE AFFAIRS COMMITTEE.
What is the current status of S 1136?
This bill has been enacted into law. Introduced February 23, 2021. Enacted.
Where can I track S 1136?
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