Bill

Bill > H0006


ID H0006

ID H0006
Amends and adds to existing law to remove a provision regarding violations of the open meetings law by county officers, to authorize investigations and actions against city officers by the attorney general, and to provide for duties of the attorney general.


summary

Introduced
01/10/2025
In Committee
04/01/2025
Crossed Over
01/21/2025
Passed
04/03/2025
Dead
Signed/Enacted/Adopted
04/04/2025

Introduced Session

2025 Regular Session

Bill Summary

RELATING TO CITY AND COUNTY OFFICERS; AMENDING SECTION 31-2002, IDAHO CODE, TO REMOVE A PROVISION REGARDING VIOLATIONS OF THE OPEN MEETINGS LAW, TO PROVIDE FOR APPLICABILITY, AND TO MAKE TECHNICAL CORRECTIONS; AMEND- ING CHAPTER 2, TITLE 50, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 50-238, IDAHO CODE, TO AUTHORIZE INVESTIGATIONS AND ACTIONS AGAINST CITY ELECTED OFFICERS BY THE ATTORNEY GENERAL, TO PROVIDE FOR DUTIES OF THE ATTORNEY GENERAL, AND TO PROVIDE FOR APPLICABILITY; AMENDING SEC- TION 67-1401, IDAHO CODE, TO REVISE A PROVISION REGARDING A CERTAIN DUTY OF THE ATTORNEY GENERAL AND TO MAKE TECHNICAL CORRECTIONS; AND DECLAR- ING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.

AI Summary

This bill amends Idaho law to expand the authority of the Attorney General to investigate and potentially prosecute criminal law violations by county and city elected officials. Specifically, the bill removes a previous exclusion regarding open meetings law violations and provides the Attorney General with the ability to investigate allegations of state criminal law violations by county and city officers when those violations occur in their official capacity. An "official capacity" is defined broadly, including actions that take place at the workplace, involve public property or equipment, or expend public funds. The bill clarifies that this new investigative power is not exclusive, meaning county prosecutors can still investigate and prosecute such violations or refer them to another county. The Attorney General's potential actions after an investigation can include issuing a finding of no further action, suggesting training or non-judicial remedies, or determining that further investigation or prosecution is warranted, in which case the Attorney General can act as a special prosecutor. The bill also makes technical corrections to the duties of the Attorney General and will go into effect on July 1, 2025, with an emergency clause declared to exist.

Committee Categories

Government Affairs, Justice

Sponsors (3)

Other Sponsors (1)

Judiciary, Rules and Administration Committee (House)

Last Action

Reported Signed by Governor on April 4, 2025 Session Law Chapter 296 Effective: 07/01/2025 (on 04/04/2025)

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