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House Bill 74 — Cities, health ordinances

House Bill 74 — Cities, health ordinances

Parrish Miller
February 2, 2021

Bill Description: House Bill 74 amends unconstitutional statutes that purport to allow cities to enforce ordinances outside of their borders. 

Rating: +1

Analyst Note: House Bill 74 is similar to House Bill 34, with one improvement.

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 74 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. Another part of the latter statute says a mayor has "jurisdiction in all matters vested in him by ordinance, except taxation" within one mile of the corporate limits of the city. House Bill 74 deletes the language about the mayor having authority outside of the city limits. 

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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