Read the full stored bill text
LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
743
BY
WAYS
AND
MEANS
COMMITTEE
AN
ACT
1
RELATING
TO
SPECIAL
PROCEEDINGS;
AMENDING
TITLE
7,
IDAHO
CODE,
BY
THE
ADDI
-
2
TION
OF
A
NEW
CHAPTER
17,
TITLE
7,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
3
REGARDING
AN
ACTION
TO
ENFORCE
THE
LAW;
AND
DECLARING
AN
EMERGENCY
AND
4
PROVIDING
AN
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Title
7,
Idaho
Code,
be,
and
the
same
is
hereby
amended
7
by
the
addition
thereto
of
a
NEW
CHAPTER
,
to
be
known
and
designated
as
Chap
-
8
ter
17,
Title
7,
Idaho
Code,
and
to
read
as
follows:
9
CHAPTER
17
10
ACTION
TO
ENFORCE
THE
LAW
1
1
7
-
1701.
DEFINITIONS.
As
used
in
this
chapter:
12
(1)
"Public
employee"
means
a
person
employed
by
a
public
entity
or
pub
-
13
lic
officer.
14
(2)
"Public
entity"
means:
15
(a)
Any
agency,
board,
bureau,
department,
division,
institution,
or
16
office
of
the
state;
17
(b)
Any
public
school,
public
charter
school,
or
school
district
in
the
18
state;
19
(c)
Any
independent
public
body
corporate
and
politic
in
the
state;
20
(d)
Any
political
subdivision
of
the
state;
or
21
(e)
Any
other
public
organization
created
by
the
Idaho
constitution
or
22
an
Idaho
statute.
23
(3)
"Public
officer"
means
a
person
elected
or
appointed
to
an
office
24
created
by
the
Idaho
constitution
or
an
Idaho
statute.
25
7
-
1702.
ACTION
TO
ENFORCE
THE
LAW.
(1)
The
attorney
general
may
file
an
26
action
to
enforce
the
law
against
a
public
officer,
public
employee,
or
pub
-
27
lic
entity
when
the
attorney
general
has
reason
to
believe
that
such
officer,
28
employee,
or
entity:
29
(a)
Failed
to
perform
a
duty
assigned
to
the
officer,
employee,
or
en
-
30
tity
by
law;
or
31
(b)
Violated
a
prohibition
imposed
on
the
officer,
employee,
or
entity
32
by
law.
33
(2)
The
action
authorized
by
this
section
may
be
filed
only
if
the
law
34
that
the
attorney
general
seeks
to
enforce
does
not
establish
a
penalty
for
35
noncompliance
or
another
enforcement
mechanism.
36
7
-
1703.
ORDER
TO
COMPLY
-
-
ATTORNEY'S
FEES.
(1)
In
an
action
filed
pur
-
37
suant
to
this
chapter,
a
court
of
competent
jurisdiction
shall
issue
an
order
38
2
to
comply
with
the
law
if
the
attorney
general
proves
by
a
preponderance
of
1
the
evidence
that
a
public
officer,
public
employee,
or
public
entity:
2
(a)
Failed
to
perform
a
duty
assigned
to
the
officer,
employee,
or
en
-
3
tity
by
law;
or
4
(b)
Violated
a
prohibition
imposed
on
the
officer,
employee,
or
entity
5
by
law.
6
(2)
A
person
who
fails
to
comply
with
an
order
issued
pursuant
to
this
7
section
shall
be
guilty
of
contempt
and
subject
to
punishment
as
provided
by
8
law.
9
(3)
The
attorney
general
shall
be
entitled
to
reasonable
attorney's
10
fees
in
any
successful
action
filed
pursuant
to
this
chapter.
1
1
7
-
1704.
CIVIL
PENALTY
FOR
FAILURE
TO
COMPLY
WITH
THE
LAW.
(1)
In
an
12
action
filed
pursuant
to
this
chapter,
a
court
of
competent
jurisdiction
13
may
hold
a
public
officer
or
public
employee
personally
liable
for
a
civil
14
penalty
of
up
to
fifty
thousand
dollars
($50,000)
if
the
officer's
or
em
-
15
ployee's
failure
to
comply
with
the
law
was
willful.
16
(2)
Penalties
paid
pursuant
to
this
section
shall
be
deposited
in
the
17
state
general
fund.
18
7
-
1705.
WITHHOLDING
OF
REVENUE
-
SHARING
ACCOUNT
INSTALLMENTS.
After
19
filing
an
action
pursuant
to
this
chapter
against
a
city
or
county,
the
at
-
20
torney
general
shall
order
that
any
installments
scheduled
to
be
paid
to
21
the
city
or
county
from
the
revenue
-
sharing
account
established
in
section
22
63
-
3638(10),
Idaho
Code,
be
withheld
until
the
action
is
resolved
in
a
court
23
of
competent
jurisdiction.
If
the
court
finds
that
the
city
or
county
failed
24
to
comply
with
the
law,
the
withheld
moneys
shall
be
distributed
to
the
tax
25
relief
fund
established
in
section
57
-
811,
Idaho
Code.
If
the
court
finds
26
that
the
city
or
county
complied
with
the
law,
the
withheld
moneys
shall
be
27
distributed
to
the
city
or
county.
28
7
-
1706.
RECOVERY
OF
STATE
MONEYS.
After
filing
an
action
pursuant
to
29
this
chapter
against
a
public
entity
that
receives
a
general
fund
appropria
-
30
tion
or
a
distribution
from
general
fund
moneys,
the
attorney
general
shall
31
order
that
any
such
appropriation
or
distribution
be
withheld
until
the
ac
-
32
tion
is
resolved
in
a
court
of
competent
jurisdiction.
If
the
court
finds
33
that
the
public
entity
failed
to
comply
with
the
law,
the
withheld
moneys
34
shall
be
retained
in
the
general
fund.
If
the
court
finds
that
the
public
35
entity
complied
with
the
law,
the
appropriation
or
distribution
of
the
with
-
36
held
moneys
shall
be
reinstated.
37
7
-
1707.
ALTERNATE
COUNSEL.
(1)
A
public
officer,
public
employee,
or
38
public
entity
that
would
otherwise
be
entitled
to
legal
representation
by
39
the
office
of
the
attorney
general
may
retain
other
counsel
if
an
action
au
-
40
thorized
by
this
chapter
is
filed
against
such
officer,
employee,
or
entity.
41
(2)
Any
alternate
counsel
employed
by
a
public
entity
shall
be
compen
-
42
sated
with
funds
from
the
entity's
appropriation.
43
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
44
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
45
July
1,
2026.
46