Bill > S1125

This bill establishes a new process for political subdivisions (such as cities, counties, or special districts) to request state legal assistance when facing challenges to the constitutionality of state laws. The bill creates a procedure where a political subdivision can submit a written request to the Constitutional Defense Council detailing the legal action, including an explanation of why state assistance is appropriate and the current status of the case. The Council can then decide whether to provide assistance, which may include funding private legal counsel, reimbursing attorney's fees and costs, providing assistance from the Idaho Attorney General, or intervening directly in the legal action. When evaluating a request, the Council will consider factors like whether the public interest would be served, if state resources are available, and whether the legal action is likely to protect Idaho's sovereignty and authority. The Council has sole discretion in deciding whether to grant, deny, or partially grant a request, and must provide a written decision to the political subdivision as soon as practicable. The bill will go into effect on July 1, 2025, and is declared an emergency measure.

Government Affairs, Justice

State Affairs Committee (S)

https://legislature.idaho.gov/sessioninfo/2025/legislation/S1125/