Bill

Bill > H0148


ID H0148

Adds to existing law to provide assistance to individuals litigating against the federal government.


summary

Introduced
02/05/2025
In Committee
03/24/2025
Crossed Over
02/21/2025
Passed
04/03/2025
Dead
Signed/Enacted/Adopted
04/04/2025

Introduced Session

2025 Regular Session

Bill Summary

RELATING TO THE CONSTITUTIONAL DEFENSE COUNCIL; AMENDING CHAPTER 63, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-6303, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING ASSISTANCE TO INDIVIDUALS LITIGATING AGAINST THE FEDERAL GOVERNMENT; AND DECLARING AN EMERGENCY AND PROVID- ING AN EFFECTIVE DATE.

AI Summary

This bill establishes a new mechanism for Idaho citizens to seek state assistance when involved in legal proceedings brought by the federal government, specifically related to grazing or water rights. The bill creates a process where a petitioner can request help from the constitutional defense council, which can provide support through various means such as funding private counsel, reimbursing attorney's fees, providing legal assistance through the attorney general's office, or intervening in the case. The council will evaluate petitions based on criteria including the societal importance of the legal issue, the burden on the petitioner, potential benefits to Idaho citizens, and the public interest. The council has discretion to provide assistance if it determines the legal action is likely to restore, maintain, or advance Idaho's sovereignty and authority, and if state resources are available. The decision must be communicated to the petitioner within 30 days, and the provisions of this bill will go into effect on July 1, 2025. This legislation appears aimed at supporting individual citizens in legal disputes with the federal government, particularly in matters related to land and water use.

Committee Categories

Agriculture and Natural Resources, Government Affairs

Sponsors (1)

Other Sponsors (1)

State Affairs Committee (H)

Last Action

Reported Signed by Governor on April 14, 2025 Session Law Chapter 324 Effective: 07/01/2025 (on 04/04/2025)

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