THE STRUGGLE OF POWER
The legislature seems focused on the balance of power between the legislative and executive branches this week with several bills and resolutions aimed at limiting the Governor's ability to sustain a declaration of emergency. This concern has arisen in the context of the covid-19 pandemic and the Governor's responses to it. Governor Little said ending the emergency declaration would mean "less vaccine, more taxes and more red tape" in a recent press conference.
Emergency declarations are a crucial part of our response to a variety of events, including droughts and wild fires. These events and recovery from them can last months or years. Aid goes to many sectors, depending on the disaster and its impacts--ranching, agriculture and local governments can all be beneficiaries. Ending the emergency order would jeopardize the state's access to federal aid, distributed to local communities, Little said
Unfortunately both bodies have introduced and delayed at least 4 resolutions and bills attempting to limit the governor’s emergency powers and end Idaho’s state of emergency amid the ongoing COVID-19 pandemic. On Thursday, Jan. 28, the Idaho Attorney General’s Office issued an opinion saying "the Legislature only possesses the authority granted to it through Idaho's Constitution. Legislative authority . . . of the Idaho Constitution is exercised through the constitutional requirements for lawmaking, and a concurrent resolution does not meet the constitutional requirements for lawmaking."
CONSTITUTIONAL AMENDMENT FOR IDAHO CITIZENS TO CONSIDER
SJR 101 is a proposed Constitutional amendment that would forbid the state from legalizing any psychoactive drugs that weren't already legal in 2020, including future medical breakthroughs, Also, if passed, it would effectively operate as a permanent ban on hemp, medical cannabis and, under current code, even most CBD oil, because a product containing any quantity of THC is considered a Schedule 1 drug in Idaho. These products are commonly utilized to help pain management for cancer patients and individuals with chronic diseases and seizures. This amendment would also ban hemp and punish hemp farmers.
Dr. Dan Zuckerman, a veteran cancer oncologist at St. Luke's Medical Center in Boise, confirmed that passage of this Constitutional amendment would reduce health care opportunities for Idahoans who are enduring severe, intense pain. Hemp and CBD oil are legal federally in all states except Idaho and this bill would jeopardize our ability to consider any use of them in the future. It would diminish Idahoans' health care options.
The proposed amendment would allow any product approved by the Food and Drug Administration (FDA) to be used in Idaho. However, the FDA has no statutory authority to approve a plant and is solely responsible for food and drugs, regulating drugs made by pharmacy companies. This is misleading to the general public. Many natural products and medicines are plant based.
The proposed amendment passed the Senate State Affairs committee and will be voted on in the Senate February 2nd. If it passes the House and Senate by two-thirds vote, voters will see it on the ballot for the next general election.
MEDICAL CANNIBUS DISCUSSION
In the House, a bipartisan bill to legalize medical cannabis will be introduced in the next couple of weeks. The legislation was written by Ret. Senior Master Sgt. Jeremy Kitzhaber, who is terminally ill with Stage 4 cancer. Idaho is the only Veteran's Administration Hospital in the nation not to use some form of medical cannabis. Take a moment and hear his story here
HAPPENINGS IN THE HOUSE OF REPRESENTATIVES
On Monday, Jan. 25, the House voted 55-15 in favor of House Concurrent Resolution 2 to end all COVID-related limits on gatherings statewide. That same day, a bill was introduced in the House Judiciary, Rules and Administration Committee to prohibit municipalities from regulating deposits and fees for rental properties.
The Education Committee introduced 3 pieces of legislation this past week addressing COVID-19 policies in K-12 schools and higher education as well as a certification bill.
Rep. Chad Christensen, R-Iona, introduced articles of impeachment against Gov. Brad Little. He argues Little violated the First Amendment’s right to assemble, as well as prevented large gatherings in a public park.
The two sides’ Health and Welfare Committees also are working with Idaho’s seven public health districts on several proposals to update their authorizing statutes. A bill is currently in the works on the House side to limit health district’s powers.
SENATE HAPPENINGS THIS WEEK
On Friday, Senate Joint Resolution 101 was approved in a 6-2 party-line vote in the Senate State Affairs Committee. SJR 101 is the constitutional amendment to ban all psychoactive drugs not already legalized in Idaho by 2020.
On Thursday, Jan. 28, the Senate voted 27-7 along party lines in support of Senate Bill 1022, which would transfer $4 million into the Legislative Legal Defense Fund.
The Senate Finance Committee also voted 8-2 to advance Senate Bill 1033, which increases annual funding for legislative operations by 26%.
That same day, the Senate Judiciary and Rules Committee passed the Wrongful Conviction Act in a unanimous vote. This legislation, which provides compensation to people who were wrongfully convicted, was passed by both the Senate and House last year, but later vetoed by the governor. We will see where it goes this year.
52 HOURS IN THE STATEHOUSE
Thank you to my substitute for these last few days. I needed to return home to take care of a family health issue. Thank you Karma Metzler-Fitzgerald for helping out our Legislative District 26
My time in Boise was mostly dedicated to housekeeping and gathering information. While sitting in Sally’s committee seats I heard reports from Idaho’s college and universities about the changes made to accommodate students during the pandemic and the plans they have to move the schools and their students in the new normal. I heard from the Idaho Potato Commission about its ability to pivot and move product when the world shut down. The Department of Commerce told us about its efforts to expand broadband services in underserved areas, which includes some areas of District 26. In general, good things are coming our way.
Jan. 28, the opening prayer from the house chaplain included the line, “Leadership is a key element to hope and hope is something we all need.” There is no better example of leadership and hope than District 26’s own Jorge Pulleiro of Wood River Middle School in Hailey. He is Idaho’s Teacher of the Year. He is an immigrant, a US Veteran and a passionate teacher who leads and inspires his students to be the best people they can be. He is a perfect example of the resilience and dedication of the people in this district and he’ll represent us well.
I loved my time in the Statehouse and am honored that Sally asked me to step in for her last week.
FACTS BY THE NUMBERS
According to a recent article in the Times News "The Big Story," we are reminded about the distractions of the road and the safety we all need to be aware of. Idaho's traffic clock:
A traffic crash occurs every 20 minutes
A person was killed in a crash every 39 hours
A person was injured in a crash every 40 minutes
A motorcyclist was injured in a crash every 19 hours
A bicyclist was injured in a crash every 32 hours
A pedestrian was injured every 37 hours
A person was killed in an aggressive driving crash every 6 days
An unbelted passenger was killed every 4 days
A person was killed in an impaired driving crash every 4 days
Please take the time to practice road safety and watch out for others as well.