Legislature’s right to call itself into session now goes to voters

Lawmakers voted overwhelmingly Tuesday to bring a constitutional amendment to voters that would allow the Idaho Legislature to call itself into session.

Senate Joint Resolution 102 introduces new language into the Idaho Constitution — specifically, in Section 8, Article III — would empower the Legislature to call a special session, provided at least 60 percent of both the House and Senate vote to reconvene.

SJR 102 originally passed the Senate in early March on a 24-11 vote. On Tuesday, the House concurred, approving the move by a 54-15 margin.

The resolution is the latest legislation to pass both the House and Senate in response to the COVID-19 pandemic, when state lawmakers felt stymied from their inability to exert influence as Gov. Brad Little implemented shutdown orders, re-opening plans and federal relief allocations. Little has already announced two vetoes in the past week that would curtail a sitting governor’s ability to declare and manage emergencies. The Senate was unable to override Little’s veto of SB 1136, while the House has not yet voted on an override of HB 135, which has not technically made its way back to the legislative body.

SJR 102 needed a two-thirds majority in the House to move forward. It passed on a 54-15 vote, well above the 47-vote minimum.

But Tuesday’s vote doesn’t yet give the House or Senate permission to reassemble at will. Rather than go to Little’s desk for signature or veto, the matter will now be placed on the next general election ballot — November of 2022, in this case — when a simple majority will ultimately decide whether or not to include the new language into the Idaho Constitution.

Rep. Jim Addis, R-Coeur d’Alene — who voted in favor of SJR 102 — said that while he’s optimistic of its chances, the political landscape could likely be quite different in 18 months.

“It’s been so divisive on the national level with the last election,” Addis said. “It’s been divisive because of COVID. It’s just been a divisive time right now. SJR 102 strikes a really good balance of the Legislature trying to fulfill its duties, but it also has to have a specific list of priorities.”

Addis was referring to a clause in the language that requires the Legislature to specify exactly what issues will be discussed beforehand. That matter was left to Little for the August special session, drawing the ire of some lawmakers.

Rep. Paul Amador, R-Coeur d’Alene, said he voted for SJR 102 Tuesday because of a loophole that pre-dates COVID-19.

“This, for me, is an issue I’ve seen as a potential problem since long before the COVID-19 pandemic,” Amador said. “From Day One when I joined the Legislature, I’ve always found it fascinating that — if we adjourn sine die while a governor has bills on his desk — if he vetoes, the Legislature has absolutely no ability to come back and consider an override.”

Amador added that he thinks the 60-percent threshold sets a high-enough bar to discourage the House and Senate from reconvening over trivial items, and that the rewards outweigh such risks.

“The legislative body doesn’t have the authority to act as a body if we so choose,” he said. “It leaves it up the executive branch to dictate when the Legislature can or cannot conduct the business that affects Idaho.”

But Amador also said he had concerns that were echoed on the House floor Tuesday by opponents of SJR 102, including one from Rep. Colin Nash, D-Boise, who said Idaho’s citizen Legislature was not meant to produce full-time politicians.

“We’re a hundred days — 100 days — into the legislative session, and we’re contemplating legislation that would bring us back,” Nash said. “I just don’t think that’s appropriate. I did not sign up for this: to be part of a full-time Legislature.”