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House Bill 34 — Health ordinances, city limits

House Bill 34 — Health ordinances, city limits

Parrish Miller
January 26, 2021

Bill Description: House Bill 34 amends unconstitutional statutes that purport to allow cities to enforce health and quarantine laws outside of their borders. 

Rating: +1

Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?

House Bill 34 amends Sections 50-304 and 50-606, Idaho Code, to strike references that claim to allow cities to enforce ordinances, regulations, and quarantines up to five miles beyond their borders.

Such authority is at odds with Idaho Constitution Article XII, Section 2, which says, "Any county or incorporated city or town may make and enforce, within its limits, all such local police, sanitary and other regulations as are not in conflict with its charter or with the general laws." [Emphasis added.]


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