HB 743 explained: The new legal shield against local government lawbreaking

Idaho House Bill 743: “This bill introduces a new chapter, Chapter 17, to Title 7 of the Idaho Code, establishing provisions for actions to enforce the law against public officers, public employees, or public entities. The attorney general is granted the authority to file such actions when there is reason to believe that a public officer or employee has failed to perform a legal duty or has violated a legal prohibition. The bill outlines the process for courts to issue compliance orders, the potential for civil penalties of up to $50,000 for willful noncompliance, and the withholding of revenue-sharing account installments or general fund appropriations until the legal action is resolved.

“Additionally, the bill allows public officers, employees, or entities facing legal action to retain alternate counsel at their own expense. The attorney general is entitled to reasonable attorney’s fees in successful actions, and penalties collected will be deposited into the state general fund. The bill declares an emergency, making it effective on July 1, 2026.”

By Scott Herndon
Candidate, Idaho Senate District 1

Today, HB 743 was heard in a House committee in Boise. Some changes will be made to the bill while it is held in committee. I have been anticipating this bill, and it was a surprise to me when a Bonner County commissioner posted on social media her opposition to the bill.

With a little research, I discovered that the Idaho Association of Counties opposes the bill, and, though they don’t publish it, the Association of Idaho Cities likely opposes the bill as well.

I am in strong support of a bill like HB 743 because it protects the people of Idaho from governments that do not follow the law.

Let’s break down HB 743

First a reminder: Counties and cities are not sovereign entities. They are local governments designed to be administrators. They are not designed to be “political,” and they are NOT designed to be sovereign.

Cities are municipal corporations and are creatures of the Idaho legislature since they are entirely formulated in Idaho laws passed by the legislature.

The entire authority of counties is the same. They too are creatures of the legislature.

The entire authority and duties of cities and counties are found in Idaho Code, which is the body of statutes that constitute the rule of law in Idaho.

So, what happens when a local government does not perform its duty, or what happens when the law prohibits it from doing something, but it does it anyway?

Today, in many cases, nothing happens currently when local government fails to obey the law. That is because many of the laws do not contain enforcement provisions or remedies. That means that the people of Idaho are helpless when cities and counties fail to perform their duties or disregard the laws altogether.

In the old days of law and order, I guess the Idaho legislature assumed that the government would naturally follow its own laws. But we live in the new days, where government actors regularly decide to become activists and disregard the law publicly. They assume to themselves sovereignty and power and act in defiance of the legislature.

Now, some will argue that is noble – local bureaucrats are standing up to the “out-of-touch Boise lawmakers.” But we have to understand our form of government.

America is a great form of government. The states created the union, and in the entire American republican form of government, the people have the power and the sovereignty. By the state and federal constitutions, we grant that our representatives in the US Congress and our state legislature may act on our behalf to exercise our sovereignty in the making of laws.

Nowhere do we grant our sovereignty to our cities and counties. The constitutional workflow is:

We the People grant to > State Legislature grants authority to > Counties and Cities.

The legislature oversees the local governments just like we directly oversee the legislature. So, when local governments rebel, they are rebelling against the legislature which created them, which is ultimately rebellion to we the people.

What to do then? Enter HB 743

HB 743 will authorize the state attorney general to ask local governments to comply with the laws. It further authorizes the AG to take action in court if they don’t comply.

In the end, it will be the courts that decide whether local governments are in compliance, and if they are, no harm, no foul. The full process of judicial appeal will also be available.

HB 743 creates the remedy and the teeth when local governments ignore or defy the laws.

Individual public officers can be personally liable for a civil penalty of up to $50,000.

The bill specifies that these fines cannot be paid using public funds or reimbursed by the government entity.
Let’s be honest – holding individuals in government responsible is a good thing.

If the individual bad actors have no skin in the game, there is no cost to them to disregard the laws.

Unfortunately, the courts can take years to decide a case. During that time, the local government can continue to defy the laws. HB 743 provides an immediate remedy for that: While the case is working its way through the courts, the state can suspend all sales tax revenue-sharing and other general fund appropriations to the city or county.

If the city or county is ultimately found by the court to have violated the law, then the local government must pay all attorney fees and court costs.

In the end, I want the local governments to follow the laws of Idaho. If people don’t like the law, then they can seek to change it through the legislature. Changing bad laws is not too difficult in a state the size of Idaho.

What we don’t need are activists in local governments deciding to rebel against the rule of law.

No county or city has anything to fear about HB 743 if they simply follow the laws of Idaho.

Also, a reasonable attorney general is first going to ask the county or city to come into compliance with the law if he believes there is a violation. He will also be open to their reasonable disagreements on interpretation of the law. It is unlikely an AG is going to bring down the full hammer of HB 743 unless it is absolutely necessary.

I hope the legislature finds a solution like HB 743.