Adds to existing law to provide for an action to enforce state law.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 743 BY WAYS AND MEANS COMMITTEE AN ACT1 RELATING TO SPECIAL PROCEEDINGS; AMENDING TITLE 7, IDAHO CODE, BY THE ADDI-2 TION OF A NEW CHAPTER 17, TITLE 7, IDAHO CODE, TO ESTABLISH PROVISIONS3 REGARDING AN ACTION TO ENFORCE THE LAW; AND DECLARING AN EMERGENCY AND4 PROVIDING AN EFFECTIVE DATE.5

Be It Enacted by the Legislature of the State of Idaho:6

SECTION 1. That Title 7, Idaho Code, be, and the same is hereby amended7 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-8 ter 17, Title 7, Idaho Code, and to read as follows:9 CHAPTER 1710 ACTION TO ENFORCE THE LAW11 7-1701. DEFINITIONS. As used in this chapter:12 (1) "Public employee" means a person employed by a public entity or pub-13 lic officer.14 (2) "Public entity" means:15 (a) Any agency, board, bureau, department, division, institution, or16 office of the state;17 (b) Any public school, public charter school, or school district in the18 state;19 (c) Any independent public body corporate and politic in the state;20 (d) Any political subdivision of the state; or21 (e) Any other public organization created by the Idaho constitution or22 an Idaho statute.23 (3) "Public officer" means a person elected or appointed to an office24 created by the Idaho constitution or an Idaho statute.25 7-1702. ACTION TO ENFORCE THE LAW. (1) The attorney general may file an26 action to enforce the law against a public officer, public employee, or pub-27 lic entity when the attorney general has reason to believe that such officer,28 employee, or entity:29 (a) Failed to perform a duty assigned to the officer, employee, or en-30 tity by law; or31 (b) Violated a prohibition imposed on the officer, employee, or entity32 by law.33 (2) The action authorized by this section may be filed only if the law34 that the attorney general seeks to enforce does not establish a penalty for35 noncompliance or another enforcement mechanism.36 7-1703. ORDER TO COMPLY -- ATTORNEY'S FEES. (1) In an action filed pur-37 suant to this chapter, a court of competent jurisdiction shall issue an order38

2 to comply with the law if the attorney general proves by a preponderance of1 the evidence that a public officer, public employee, or public entity:2 (a) Failed to perform a duty assigned to the officer, employee, or en-3 tity by law; or4 (b) Violated a prohibition imposed on the officer, employee, or entity5 by law.6 (2) A person who fails to comply with an order issued pursuant to this7 section shall be guilty of contempt and subject to punishment as provided by8 law.9 (3) The attorney general shall be entitled to reasonable attorney's10 fees in any successful action filed pursuant to this chapter.11 7-1704. CIVIL PENALTY FOR FAILURE TO COMPLY WITH THE LAW. (1) In an12 action filed pursuant to this chapter, a court of competent jurisdiction13 may hold a public officer or public employee personally liable for a civil14 penalty of up to fifty thousand dollars ($50,000) if the officer's or em-15 ployee's failure to comply with the law was willful.16 (2) Penalties paid pursuant to this section shall be deposited in the17 state general fund.18 7-1705. WITHHOLDING OF REVENUE-SHARING ACCOUNT INSTALLMENTS. After19 filing an action pursuant to this chapter against a city or county, the at-20 torney general shall order that any installments scheduled to be paid to21 the city or county from the revenue-sharing account established in section22 63-3638(10), Idaho Code, be withheld until the action is resolved in a court23 of competent jurisdiction. If the court finds that the city or county failed24 to comply with the law, the withheld moneys shall be distributed to the tax25 relief fund established in section 57-811, Idaho Code. If the court finds26 that the city or county complied with the law, the withheld moneys shall be27 distributed to the city or county.28 7-1706. RECOVERY OF STATE MONEYS. After filing an action pursuant to29 this chapter against a public entity that receives a general fund appropria-30 tion or a distribution from general fund moneys, the attorney general shall31 order that any such appropriation or distribution be withheld until the ac-32 tion is resolved in a court of competent jurisdiction. If the court finds33 that the public entity failed to comply with the law, the withheld moneys34 shall be retained in the general fund. If the court finds that the public35 entity complied with the law, the appropriation or distribution of the with-36 held moneys shall be reinstated.37 7-1707. ALTERNATE COUNSEL. (1) A public officer, public employee, or38 public entity that would otherwise be entitled to legal representation by39 the office of the attorney general may retain other counsel if an action au-40 thorized by this chapter is filed against such officer, employee, or entity.41 (2) Any alternate counsel employed by a public entity shall be compen-42 sated with funds from the entity's appropriation.43

SECTION 2. An emergency existing therefor, which emergency is hereby44 declared to exist, this act shall be in full force and effect on and after45 July 1, 2026.46