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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
896
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
COMPLIANCE
WITH
THE
LAW;
AND
DECLARING
AN
EMERGENCY.
4
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
5
SECTION
1.
That
Title
7,
Idaho
Code,
be,
and
the
same
is
hereby
amended
6
by
the
addition
thereto
of
a
NEW
CHAPTER
,
to
be
known
and
designated
as
Chap
-
7
ter
17,
Title
7,
Idaho
Code,
and
to
read
as
follows:
8
CHAPTER
17
9
COMPLIANCE
WITH
LAW
10
7
-
1701.
LEGISLATIVE
FINDINGS
AND
INTENT.
The
legislature
finds
that
1
1
elite
impunity
has
become
a
serious
problem
in
the
United
States.
The
leg
-
12
islature
further
finds
that
public
servants
who
act
like
they
are
above
the
13
law
bring
all
law
into
disrepute.
In
enacting
this
chapter,
it
is
the
intent
14
of
the
legislature
to
provide
consequences
for
public
servants
who
disregard
15
the
law.
16
7
-
1702.
DEFINITIONS.
As
used
in
this
chapter:
17
(1)
"Prohibition"
means
a
proscription
imposed
by
an
Idaho
statute
on
a
18
public
officer,
public
employee,
or
public
entity
that
is
directly
applica
-
19
ble
to
the
public
officer,
public
employee,
or
public
entity
in
their
capac
-
20
ity
as
a
public
officer,
public
employee,
or
public
entity.
21
(2)
"Public
employee"
means
a
person
employed
by
a
public
entity
or
pub
-
22
lic
officer.
23
(3)
"Public
entity"
means:
24
(a)
Any
agency,
board,
bureau,
department,
division,
institution,
or
25
office
of
the
state
but
shall
not
include
the
legislative
or
judicial
26
branches
of
government;
27
(b)
Any
public
school,
public
charter
school,
or
school
district
in
the
28
state;
29
(c)
Any
independent
public
body
corporate
and
politic
in
the
state;
30
(d)
Any
political
subdivision
of
the
state;
or
31
(e)
Any
other
public
organization
created
by
the
constitution
of
the
32
state
of
Idaho
or
an
Idaho
statute.
33
(4)
"Public
officer"
means
a
person
elected
or
appointed
to
an
office
34
created
by
the
constitution
of
the
state
of
Idaho
or
an
Idaho
statute
but
35
shall
not
include
an
officer
in
the
legislative
or
judicial
branches
of
gov
-
36
ernment.
37
7
-
1703.
VIOLATION
OF
THE
LAW
-
-
REFERRAL
TO
ATTORNEY
GENERAL.
The
gov
-
38
ernor,
president
pro
tempore
of
the
senate,
or
speaker
of
the
house
of
rep
-
39
2
resentatives
may
refer
to
the
attorney
general
any
potential
violation
of
a
1
prohibition
as
defined
in
section
7
-
1702,
Idaho
Code.
A
chairman
of
a
board
2
of
county
commissioners
may
refer
to
the
attorney
general
any
potential
vio
-
3
lation
of
a
prohibition
as
defined
in
section
7
-
1702,
Idaho
Code,
related
to
4
any
taxing
district
located
within
the
county
or
any
public
officer
or
public
5
employee
of
such
taxing
district.
6
7
-
1704.
NOTICE
-
-
OPPORTUNITY
TO
CURE.
(1)
Upon
a
referral
provided
7
pursuant
to
section
7
-
1703,
Idaho
Code,
if
the
attorney
general
has
reason
8
to
believe
that
the
public
officer,
public
employee,
or
public
entity
has
9
violated
a
prohibition
as
defined
in
section
7
-
1702,
Idaho
Code,
the
attor
-
10
ney
general
shall
give
notice
of
the
alleged
violation
to
the
public
officer,
1
1
public
employee,
or
public
entity
so
referred.
12
(2)
Upon
receipt
of
notice
provided
pursuant
to
subsection
(1)
of
this
13
section,
a
public
officer,
public
employee,
or
public
entity
shall
have
14
fourteen
(14)
days
to
respond
to
the
attorney
general,
either:
15
(a)
Acknowledging
the
violation
and
stating
an
intent
to
cure
the
vio
-
16
lation;
or
17
(b)
Denying
that
the
alleged
violation
has
occurred.
18
(3)
Failure
by
a
public
officer,
public
employee,
or
public
entity
to
19
respond
to
notice
provided
pursuant
to
subsection
(1)
of
this
section
shall
20
be
treated
as
a
denial.
21
(4)
If
a
public
officer,
public
employee,
or
public
entity
acknowledges
22
a
violation
pursuant
to
subsection
(2)(a)
of
this
section,
such
officer,
em
-
23
ployee,
or
entity
shall
have
fourteen
(14)
days
from
the
date
of
the
acknowl
-
24
edgment
to
cure
the
violation
by
ceasing
to
violate
the
relevant
prohibi
-
25
tion.
26
(5)
A
cure
pursuant
to
this
section
shall
act
as
a
bar
to
filing
an
ac
-
27
tion
pursuant
to
section
7
-
1705,
Idaho
Code.
28
7
-
1705.
ACTION
TO
ENFORCE
THE
LAW.
(1)
If
a
public
officer,
public
29
employee,
or
public
entity,
after
receiving
notice
of
an
alleged
violation
30
pursuant
to
section
7
-
1704,
Idaho
Code,
denies
that
the
alleged
violation
31
has
occurred,
fails
to
respond
to
the
notice
by
the
required
time,
or
fails
to
32
cure
the
alleged
violation
by
the
required
time,
the
attorney
general
may,
at
33
the
attorney
general's
discretion,
file
an
action
to
enforce
the
law
against
34
such
officer,
employee,
or
entity.
35
(2)
The
action
authorized
by
this
section
may
be
filed
only
if
the
law
36
the
attorney
general
seeks
to
enforce
does
not
establish
a
penalty
for
non
-
37
compliance
or
another
enforcement
mechanism.
38
7
-
1706.
ORDER
TO
COMPLY
-
-
ATTORNEY'S
FEES.
(1)
In
an
action
filed
pur
-
39
suant
to
section
7
-
1705,
Idaho
Code,
a
court
of
competent
jurisdiction
shall
40
issue
an
order
to
comply
with
the
law
if
the
attorney
general
proves
by
a
pre
-
41
ponderance
of
the
evidence
that
a
public
officer,
public
employee,
or
public
42
entity
violated
a
prohibition
as
defined
in
section
7
-
1702,
Idaho
Code.
The
43
order
shall
identify
by
name
the
specific
persons
responsible
for
ensuring
44
compliance
with
the
order.
45
3
(2)
A
person
named
in
an
order
issued
pursuant
to
subsection
(1)
of
this
1
section
who
fails
to
comply
with
the
order
shall
be
guilty
of
contempt
and
2
subject
to
punishment
as
provided
by
law.
3
(3)
The
prevailing
party
in
an
action
filed
pursuant
to
section
7
-
1705,
4
Idaho
Code,
shall
be
entitled
to
reasonable
attorney's
fees.
5
7
-
1707.
ACTION
TO
DISQUALIFY
FROM
PUBLIC
OFFICE
OR
PUBLIC
EMPLOY
-
6
MENT.
(1)
In
addition
to
the
action
provided
in
section
7
-
1705,
Idaho
Code,
7
the
attorney
general
may,
at
the
attorney
general's
discretion,
file
an
ac
-
8
tion
seeking
to
disqualify
from
public
office
or
public
employment
a
public
9
officer
or
public
employee
who
willfully
violates
a
prohibition
as
defined
10
in
section
7
-
1702,
Idaho
Code.
The
action
provided
for
in
this
section
shall
1
1
not
be
filed
against
a
state
officer
who
is
subject
to
election.
12
(2)
In
an
action
filed
pursuant
to
this
section,
a
court
of
competent
13
jurisdiction
shall
issue
an
order
disqualifying
a
person
from
public
office
14
or
public
employment
for
a
period
of
up
to
five
(5)
years
if
the
attorney
gen
-
15
eral
proves
by
clear
and
convincing
evidence
that
the
person
willfully
vio
-
16
lated
a
prohibition
as
defined
in
section
7
-
1702,
Idaho
Code.
17
(3)
An
action
to
disqualify
may
be
filed
only
if
an
action
to
enforce
18
the
law
has
been
filed
pursuant
to
section
7
-
1705,
Idaho
Code,
for
the
same
19
alleged
violation.
20
(4)
The
prevailing
party
in
an
action
filed
pursuant
to
this
section
21
shall
be
entitled
to
reasonable
attorney's
fees.
22
7
-
1708.
ALTERNATE
COUNSEL.
(1)
A
public
officer,
public
employee,
or
23
public
entity
that
would
otherwise
be
entitled
to
legal
representation
by
24
the
office
of
the
attorney
general
may
retain
other
counsel
if
an
action
au
-
25
thorized
pursuant
to
this
chapter
is
filed
against
such
officer,
employee,
26
or
entity.
27
(2)
Alternate
counsel
retained
pursuant
to
this
section
shall
be
com
-
28
pensated
with
funds
appropriated
to
the
public
officer
or
public
entity
or
to
29
the
employer
of
the
public
employee.
30
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
31
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
its
32
passage
and
approval.
33