Sen. Dan Johnson, R-Lewiston, has proposed an amendment to delete the emergency clause from HB 404, the anti-Occupy Boise bill. Sen. Dan Schmidt, D-Moscow, seconded the amendment. "I've watched what's gone on across the street since I arrived in Boise, and I don't believe that there's an emergency there in the sense of emergency as I understand it," Johnson told the Senate. "The protest site may not be pleasing to the eyes and I do not personally believe they should be able to camp there." But, he said, "The use of emergency denotes an immediacy that does not exist, potentially undermining the future use of emergency ... clauses." He added, "I believe the emergency clause could potentially be construed as punitive."

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