H04982026 Regular Session

Adds to existing law to authorize the Legislature to employ counsel in addition to the Attorney General in actions against the federal government.

LEGISLATURE -- Adds to existing law to authorize the Legislature to employ counsel in addition to the Attorney General in actions against the federal government.

LEGISLATURE

IntroducedIn CommitteeFloor VoteEnacted

Committee: State Affairs

STATEMENT OF PURPOSE

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This legislation allows the legislature to retain private counsel (attorneys) for actions against the federal government, when, in the judgment of the pro tempore of the senate and the speaker of the house, it is in the interests of the state to prosecute such actions.

FISCAL NOTE

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Initially, this legislation causes no increase or decrease in revenue, or additional expenditure of funds at the state or local level of government; therefore, this legislation has no fiscal impact. Existing funds will be used for any fees in 2026, if any. Additional appropriations may be requested in 2027, if necessary.

BILL TEXT

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LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 498 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO THE LEGISLATURE; AMENDING CHAPTER 4, TITLE 67, IDAHO CODE, BY THE2 ADDITION OF A NEW SECTION 67-465A, IDAHO CODE, TO AUTHORIZE THE PRESI-3 DENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESEN-4 TATIVES TO EMPLOY COUNSEL IN ADDITION TO THE ATTORNEY GENERAL TO PUR-5 SUE ACTIONS AGAINST THE FEDERAL GOVERNMENT ON BEHALF OF THE STATE; AND6 DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.7

Be It Enacted by the Legislature of the State of Idaho:8

SECTION 1. That Chapter 4, Title 67, Idaho Code, be, and the same is9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-10 ignated as Section 67-465A, Idaho Code, and to read as follows:11 67-465A. EMPLOYMENT OF PRIVATE COUNSEL IN ACTIONS AGAINST THE FEDERAL12 GOVERNMENT. When, in the judgment of the president pro tempore of the senate13 and the speaker of the house of representatives, the interest of the state14 requires counsel in addition to the attorney general to pursue an action15 against the federal government on behalf of the state, the president pro16 tempore of the senate and the speaker of the house of representatives may17 jointly employ such counsel to pursue such actions.18

SECTION 2. An emergency existing therefor, which emergency is hereby19 declared to exist, this act shall be in full force and effect thirty days af-20 ter its passage and approval.21