HB 500 consistent with constitution

PLUMMER - The Idaho Attorney General released a preliminary legal analysis that indicates House Bill 500 is consistent with the Idaho constitution and does not violate other Idaho laws.

The opinion was a response to an inquiry made by the chairman of the House Judiciary and Rules Committee Rep. Jim Clark, who requested an Attorney General opinion to address "contentions as to the possible unconstitutionality of the legislation" being made by opponents of the bill.

"It's perfectly clear," Clark said. "I think the A.G.'s analysis is right on the mark - all the constitutional issues just go away."

The Coeur d'Alene Tribe is proposing legislation that would give state certified tribal police officers the authority to enforce state laws on reservations against anyone breaking them and send them to state court.

The State and Indian Tribal Cooperative Law Enforcement Act would solve the problem, Clark said.

The bill is awaiting a public hearing in the Judiciary Rules Committee.

Opposing groups have said HB 500 violates the constitution by undermining the county sheriffs' authority to enforce state laws in Idaho.

"HB 500 does not attempt to displace county sheriffs' authority to enforce state law," wrote Assistant Chief Deputy Attorney General Brian Kane in a Feb. 23 letter. "Rather, consistent with the Legislature's authority to prescribe "peace officers status, it expands the methods by which tribal law enforcement can secure such status."