Skip to content
The COVID Project
  1. Library
  2. Idaho
  3. ID-029

Ex. ID-029 Order Primary source read

Executive Order 2021-08

Repealing EO 2021-07 to Restore Local Control

Governor Brad Little · Idaho (State)

The COVID Project

The record

Jurisdiction
Idaho
Level
State
Authority
Idaho Const. art. IV, § 5; Idaho Code § 67-802
Issued
2021-05-28 May 28, 2021
Effective
2021-05-28, retroactive to 11:00 a.m. May 27, 2021 (read as 2021-05-28)
End
n/a (read as 2021-09-30)
In force
May 28, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitation types
Other
Addressees
  • cities, counties, schools and public health districts
  • State entities
Functions reached
  • preemption history: local mask and health orders restored
Collection
Idaho ID

Operative words

WHEREAS, no statewide mask mandate exists now nor has one existed in Idaho at any time during the COVID-19 public health emergency; and WHEREAS, on May 27, 2021, while I was temporarily working out of the state, the Lieutenant Governor, in her capacity as acting Governor, signed Executive Order No. 2021-07 unilaterally stripping local jurisdictions of their constitutional and statutory authority to take action they deem necessary to preserve public health and safety... 1. Executive Order No. 2021-07 is repealed in its entirety, effective immediately. 2. The repeal of Executive Order No. 2021-07 shall apply retroactively to 11:00 a.m. on May 27, 2021.

Enforcement

Executive order

Notes

Recites Idaho Const. art. XII, § 2 and Idaho Code §§ 50-304, 39-414, 33-512 as the sources of local authority; recites that EO 2021-07 replicated House Bill 339a, which 'failed to pass both houses'.

Retrieval note

Scanned; read by OCR.