Senate Concurrent Resolution 103 Summary

• Terminates the December 30, 2020 general order of isolation issued by the Governor and Director of the Idaho Department of Health and Welfare that restricted business activities, prohibited public and private gatherings, required physical distancing, and banned nonparticipants from school extracurricular activities.

• Declares that business restrictions, gathering prohibitions, and physical distancing requirements fall outside the Director's statutory authority under Idaho Code Section 56-1003(7), which only permits orders of isolation and quarantine as defined by the CDC and HHS.

• Argues the order constitutes an administrative rule of general applicability that should have followed the Idaho Administrative Procedure Act procedures but did not.

• States violations of the order threatened misdemeanor criminal penalties including fines and imprisonment, which the Legislature determined should be ended to protect personal accountability for health decisions and family participation in events.