Bill > H0743

This bill establishes a new legal process in Idaho allowing the Attorney General to file a lawsuit against a public officer, public employee, or public entity (which includes state agencies, schools, cities, counties, and other public organizations) if they fail to perform a legal duty or violate a legal prohibition, and if the law in question doesn't already provide a penalty or enforcement method. If a court finds the public entity or individual failed to comply, it can order them to comply with the law, and failure to do so can result in contempt of court. The Attorney General can also seek civil penalties of up to $50,000 against public officers or employees if their non-compliance was willful, with these penalties going to the state's general fund. Additionally, the bill allows the Attorney General to order the withholding of revenue-sharing payments to cities and counties, or general fund appropriations to other public entities, while such a lawsuit is pending, with the withheld money potentially going to a tax relief fund or being retained by the state if the court rules against the public entity. Public officers, employees, or entities facing such a lawsuit can hire their own legal counsel, with public entities paying for this alternate counsel from their own funds. The bill also declares an emergency and sets an effective date of July 1, 2026.

Justice

Ways and Means Committee (House)

https://legislature.idaho.gov/sessioninfo/2026/legislation/H0743/