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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1251
BY
JUDICIARY
AND
RULES
COMMITTEE
AN
ACT
1
RELATING
TO
THE
ATTORNEY
GENERAL;
AMENDING
SECTION
67
-
1401,
IDAHO
CODE,
TO
2
REVISE
A
PROVISION
REGARDING
A
DUTY
OF
THE
ATTORNEY
GENERAL;
AND
DECLAR
-
3
ING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
4
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
5
SECTION
1.
That
Section
67
-
1401,
Idaho
Code,
be,
and
the
same
is
hereby
6
amended
to
read
as
follows:
7
67
-
1401.
DUTIES
OF
ATTORNEY
GENERAL.
Except
as
otherwise
provided
in
8
this
chapter,
it
is
the
duty
of
the
attorney
general:
9
(1)
To
perform
all
legal
services
for
the
state
and
to
represent
the
10
state
and
all
departments,
agencies,
offices,
officers,
boards,
commis
-
1
1
sions,
institutions
and
other
state
entities
in
all
courts
and
before
all
12
administrative
tribunals
or
bodies
of
any
nature.
Representation
shall
be
13
provided
to
those
entities
exempted
pursuant
to
the
provisions
of
section
14
67
-
1406,
Idaho
Code.
Whenever
required
to
attend
upon
any
court
or
adminis
-
15
trative
tribunal,
the
attorney
general
shall
be
allowed
necessary
and
actual
16
expenses,
all
claims
for
which
shall
be
audited
by
the
state
board
of
exam
-
17
iners.
18
(2)
To
advise
all
departments,
agencies,
offices,
officers,
boards,
19
commissions,
institutions
and
other
state
entities
in
all
matters
involving
20
questions
of
law.
21
(3)
After
judgment
in
any
of
the
causes
referred
to
in
this
chapter,
to
22
direct
the
issuing
of
such
process
as
may
be
necessary
to
carry
the
same
into
23
execution.
24
(4)
To
account
for
and
pay
over
to
the
proper
officer
all
moneys
re
-
25
ceived
that
belong
to
the
state.
26
(5)
To
enforce
the
Idaho
charitable
solicitation
act,
chapter
12,
ti
-
27
tle
48,
Idaho
Code,
and
the
Idaho
nonprofit
hospital
sale
or
conversion
act,
28
chapter
15,
title
48,
Idaho
Code;
to
supervise
charitable
organizations,
as
29
such
term
is
defined
in
section
48
-
1903(4),
Idaho
Code;
and
to
enforce
when
-
30
ever
necessary
any
noncompliance
or
departure
from
the
charitable
purpose
of
31
such
charitable
organizations
as
set
forth
and
provided
in
chapter
19,
title
32
48,
Idaho
Code.
33
(6)
To
give
an
opinion
in
writing,
without
fee,
to
the
legislature
or
34
either
house
thereof
or
any
senator
or
representative
and
to
the
governor,
35
secretary
of
state,
treasurer,
state
controller,
and
the
superintendent
of
36
public
instruction,
when
requested,
on
any
question
of
law
relating
to
their
37
respective
offices.
The
attorney
general
shall
keep
a
record
of
all
written
38
opinions
rendered
by
the
office
and
such
opinions
shall
be
compiled
annually
39
and
made
available
for
public
inspection.
All
costs
incurred
in
the
prepara
-
40
tion
of
said
opinions
shall
be
borne
by
the
office
of
the
attorney
general.
A
41
2
copy
of
the
opinions
shall
be
furnished
to
the
supreme
court
and
to
the
state
1
librarian.
2
(7)
When
required
by
the
public
service,
to
repair
to
any
county
in
the
3
state
and
assist
the
prosecuting
attorney
thereof
in
the
discharge
of
du
-
4
ties.
5
(8)
To
bid
on
and
purchase,
when
necessary,
in
the
name
of
the
state
and
6
under
the
direction
of
the
state
controller,
any
property
offered
for
sale
7
under
execution
issued
upon
judgments
in
favor
of
or
for
the
use
of
the
state
8
and
to
enter
satisfaction
in
whole
or
in
part
of
such
judgments
as
the
consid
-
9
eration
for
such
purchases.
10
(9)
Whenever
the
property
of
a
judgment
debtor
in
any
judgment
men
-
1
1
tioned
in
subsection
(8)
of
this
section
has
been
sold
under
a
prior
judg
-
12
ment,
or
is
subject
to
any
judgment,
lien,
or
encumbrance,
taking
precedence
13
of
the
judgment
in
favor
of
the
state,
under
the
direction
of
the
state
14
controller,
to
redeem
such
property
from
such
prior
judgment,
lien,
or
en
-
15
cumbrance;
and
all
sums
of
money
necessary
for
such
redemption
must,
upon
the
16
order
of
the
board
of
examiners,
be
paid
out
of
any
money
appropriated
for
17
such
purposes.
18
(10)
When
necessary
for
the
collection
or
enforcement
of
any
judgment
19
hereinbefore
mentioned,
to
institute
and
prosecute,
on
behalf
of
the
state,
20
such
suits
or
other
proceedings
as
may
be
necessary
to
set
aside
and
annul
all
21
conveyances
fraudulently
made
by
such
judgment
debtors;
the
cost
necessary
22
to
the
prosecution
must,
when
allowed
by
the
board
of
examiners,
be
paid
out
23
of
any
appropriations
for
the
prosecution
of
delinquents.
24
(11)
To
exercise
all
the
common
law
power
and
authority
usually
apper
-
25
taining
to
the
office
and
to
discharge
the
other
duties
prescribed
by
law.
26
This
duty
shall
be
interpreted
to
include
the
power
to
seek
declaratory
and
27
injunctive
relief
against
any
person,
as
defined
in
section
30
-
21
-
102,
Idaho
28
Code,
who
has
violated
or
is
violating
an
Idaho
statute
that
creates
a
le
-
29
gal
duty
or
prohibition
but
does
not
expressly
create
a
civil
cause
of
ac
-
30
tion
through
which
the
state
or
its
officers
may
enforce
the
legal
duty
or
31
prohibition.
The
attorney
general
shall
have
a
cause
of
action
to
seek
such
32
declaratory
and
injunctive
relief,
and
any
injunction
entered
shall
be
suf
-
33
ficient
to
prevent
further
violations
of
the
statute.
34
(12)
To
report
to
the
governor
the
condition
of
the
affairs
of
the
attor
-
35
ney
general's
office
and
of
the
reports
received
from
prosecuting
attorneys.
36
(13)
To
appoint
deputy
attorneys
general
and
special
deputy
attorneys
37
general
and
other
necessary
staff
to
assist
in
the
performance
of
the
du
-
38
ties
of
the
office.
Such
deputies
and
staff
shall
be
nonclassified
employees
39
within
the
meaning
of
section
67
-
5302,
Idaho
Code.
40
(14)
To
establish
a
medicaid
fraud
control
unit
pursuant
to
the
provi
-
41
sions
of
section
56
-
226,
Idaho
Code,
and
to
exercise
concurrent
investiga
-
42
tive
and
prosecutorial
authority
and
responsibility
with
county
prosecutors
43
to
prosecute
persons
for
the
violation
of
the
criminal
provisions
of
chap
-
44
ter
2,
title
56,
Idaho
Code,
and
for
criminal
offenses
that
are
not
defined
in
45
chapter
2,
title
56,
Idaho
Code,
but
that
involve
or
are
directly
related
to
46
the
use
of
medicaid
program
funds
or
services
provided
through
the
medicaid
47
program.
48
(15)
To
seek
injunctive
and
any
other
appropriate
relief
as
expedi
-
49
tiously
as
possible
to
preserve
the
rights
and
property
of
the
residents
50
3
of
the
state
of
Idaho
and
to
defend
as
necessary
the
state
of
Idaho,
its
1
officials,
employees,
and
agents
in
the
event
that
any
law
or
regulation
2
violating
the
public
policy
set
forth
in
the
Idaho
health
freedom
act,
chap
-
3
ter
90,
title
39,
Idaho
Code,
is
enacted
by
any
government,
subdivision,
or
4
agency
thereof.
5
(16)
To
establish
an
internet
crimes
against
children
unit
(ICAC)
pur
-
6
suant
to
the
provisions
of
section
67
-
1410,
Idaho
Code,
and
to
exercise
con
-
7
current
investigative
and
prosecutorial
authority
and
responsibility
with
8
county
prosecutors
to
prosecute
persons
for
the
violation
of
the
criminal
9
provisions
of
sections
18
-
1507,
18
-
1507A,
18
-
1507C,
18
-
1509A,
18
-
1513
and
10
18
-
1515,
Idaho
Code.
1
1
(17)
To
respond
to
allegations
of
any
violation
of
state
criminal
law
by
12
elected
county
or
city
officers
acting
in
their
official
capacity,
to
inves
-
13
tigate
such
claims,
to
issue
appropriate
findings,
and
to
retain
such
cases
14
for
further
investigation
and
prosecution
pursuant
to
sections
31
-
2002
and
15
50
-
238,
Idaho
Code.
16
(18)
To
establish
a
sobriety
and
drug
monitoring
program
to
reduce
the
17
number
of
people
on
Idaho's
highways
who
drive
under
the
influence
of
alco
-
18
hol
or
drugs,
to
reduce
the
number
of
repeat
offenders
for
certain
offenses
19
in
which
the
abuse
of
alcohol
or
drugs
was
a
contributing
factor,
and
to
in
-
20
crease
pretrial
and
posttrial
options
for
prosecutors
and
judges
in
respond
-
21
ing
to
repeat
DUI
offenders
and
offenders
for
certain
crimes
in
which
the
22
abuse
of
alcohol
or
drugs
was
a
contributing
factor
in
the
commission
of
the
23
crime;
and
to
adopt
such
rules
and
establish
such
fees
as
are
necessary
for
24
the
operation
of
said
program,
as
set
forth
by
law.
25
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
26
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
27
July
1,
2026.
28