Updated May 28, 2020
What does the order allow?
Details on what is allowed by the Stage 3 Stay Healthy Order can be found at https://rebound.idaho.gov/stages-of-reopening/ under the “Stage 3” drop-down.
How long will the order last?
The order is effective as of 12:00 a.m. May 30, 2020, and will continue to be in effect until it is extended, rescinded, superseded, or amended in writing by the Governor and the Idaho Department of Health and Welfare.
Can the order be changed?
Yes. As the situation changes and more information is available, the Governor and public health officials can issue new orders and directives as needed.
How does this order interact with local orders already in place?
This is a statewide order, but cities, counties and local public health districts may enact more stringent measures.
If I don’t get a paycheck, I won’t be able to buy groceries or pay rent. Are there services to help me?
Yes. You may be eligible for public assistance for food, medical care, rent, and more. Please call 1-877-456-1233 or visit www.livebetteridaho.org to apply
What about outdoor exercise and recreation?
Outdoor activity is OK, but you should keep a distance of 6-feet from people outside of your household. Social distancing requirements are in effect on paths, trails, sidewalks, riverbanks, beaches, parks, and anyplace outside on private or public property where people might gather. Find more information on the Recreate Responsibly Idaho web page.
Do I need to pay my taxes?
Yes, state and federal deadlines have been extended. All state taxes are now due on June 15. Federal taxes are due by July 15.
Who has the authority to enforce the order?
By statute, city police, county sheriffs, or Idaho State Police have the authority to enforce the order. The Governor, the Department of Health & Welfare, nor the Office of the Attorney General have enforcement authority under the statutes authorizing the order or under the order itself.
How do I report individuals not following the order?
If you believe someone is violating the Stay Healthy order, report it to the local authorities. That may be city police, county sheriff, or Idaho State Police depending on the circumstances. The Governor, the Department of Health & Welfare, and the Attorney General’s Office do not have enforcement authority under the statutes authorizing the order or under the order itself.
Can I visit loved ones in the hospital, nursing home, skilled nursing facility, or other residential care facility?
Generally, no. This is difficult but necessary to protect facility staff and other patients. There are limited exceptions, such as if you are going to the hospital with someone younger than 18 or who is developmentally disabled and needs assistance. For most other situations, the order prohibits visitation to these kinds of facilities except at the end-of-life.
What is being done to prevent price gouging?
Concerns about price gouging should be reported to the Office of the Attorney General’s Consumer Protection Division. Complaints can be filed online at the Idaho Office of Attorney General Online Forms page Consumer Complaint.
Consumers may also contact the Consumer Protection Division at https://www.ag.idaho.gov/office-resources/online-forms/ or by calling 1-800-432-3545 (statewide) or (208) 334-2424 (local) to obtain information about price gouging and other consumer matters.
Under Idaho Code § 48-603(19), price gouging investigations by the Attorney General are limited to fuel, food, pharmaceuticals and water for human consumption. If your complaint falls outside of these categories, the Attorney General lacks the legal authority to investigate.
Does the Governor have the authority to issue the order?
Yes. The Governor is the Commander of the Militia under Article IV, § 4 and Supreme Executive Power is vested within the Governor under Article IV, § 5 of the Idaho Constitution. This authority is codified throughout Idaho Law. The authority to issue orders such as the Stay at Home Order is found within Chapter 6, Title 46 of the Idaho Code. Additional authority is found within Chapter 10, Title 46. The specific statutes granting the Governor authority to issue such an order are Idaho Code § 46-601 and Idaho Code § 46-1008. It is important to note that both the Director of the Department of Health and Welfare and local public health districts have authority to issue orders of quarantine and isolation. Idaho Code §§ 56-1003(7) (Director) & 39-415 (Public Health Districts). The current order is an exercise of the combined authority of the Governor and the Director of the Department of Health Welfare. Violation of this order could be a misdemeanor. Idaho Code § 56-1003(7)(c).
Are Idaho units of government still required to follow Idaho’s Open Meetings Law?
Yes. Government is still required to follow the Idaho Open Meetings Law. Notices and agendas should be posted in compliance with the law. In a recent proclamation, the Governor only suspended the “in-person” attendance requirement—but only if the governmental entity can ensure that the public has the opportunity to either listen in via teleconference, observe and listen through streaming, or attend via other online platforms. If the system for observing and listening is not functioning, government should postpone the meeting until the system is working. Additionally, there is no authorization within the law for the conduct of meetings or votes within boards by e-mail. Government should comply with the Open Meetings Law throughout the application of the Governor’s orders.