Amends existing law to revise a provision regarding a duty of the Attorney General.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1251 BY JUDICIARY AND RULES COMMITTEE AN ACT1 RELATING TO THE ATTORNEY GENERAL; AMENDING SECTION 67-1401, IDAHO CODE, TO2 REVISE A PROVISION REGARDING A DUTY OF THE ATTORNEY GENERAL; AND DECLAR-3 ING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.4

Be It Enacted by the Legislature of the State of Idaho:5

SECTION 1. That Section 67-1401, Idaho Code, be, and the same is hereby6 amended to read as follows:7 67-1401. DUTIES OF ATTORNEY GENERAL. Except as otherwise provided in8 this chapter, it is the duty of the attorney general:9 (1) To perform all legal services for the state and to represent the10 state and all departments, agencies, offices, officers, boards, commis-11 sions, institutions and other state entities in all courts and before all12 administrative tribunals or bodies of any nature. Representation shall be13 provided to those entities exempted pursuant to the provisions of section14 67-1406, Idaho Code. Whenever required to attend upon any court or adminis-15 trative tribunal, the attorney general shall be allowed necessary and actual16 expenses, all claims for which shall be audited by the state board of exam-17 iners.18 (2) To advise all departments, agencies, offices, officers, boards,19 commissions, institutions and other state entities in all matters involving20 questions of law.21 (3) After judgment in any of the causes referred to in this chapter, to22 direct the issuing of such process as may be necessary to carry the same into23 execution.24 (4) To account for and pay over to the proper officer all moneys re-25 ceived that belong to the state.26 (5) To enforce the Idaho charitable solicitation act, chapter 12, ti-27 tle 48, Idaho Code, and the Idaho nonprofit hospital sale or conversion act,28 chapter 15, title 48, Idaho Code; to supervise charitable organizations, as29 such term is defined in section 48-1903(4), Idaho Code; and to enforce when-30 ever necessary any noncompliance or departure from the charitable purpose of31 such charitable organizations as set forth and provided in chapter 19, title32 48, Idaho Code.33 (6) To give an opinion in writing, without fee, to the legislature or34 either house thereof or any senator or representative and to the governor,35 secretary of state, treasurer, state controller, and the superintendent of36 public instruction, when requested, on any question of law relating to their37 respective offices. The attorney general shall keep a record of all written38 opinions rendered by the office and such opinions shall be compiled annually39 and made available for public inspection. All costs incurred in the prepara-40 tion of said opinions shall be borne by the office of the attorney general. A41

2 copy of the opinions shall be furnished to the supreme court and to the state1 librarian.2 (7) When required by the public service, to repair to any county in the3 state and assist the prosecuting attorney thereof in the discharge of du-4 ties.5 (8) To bid on and purchase, when necessary, in the name of the state and6 under the direction of the state controller, any property offered for sale7 under execution issued upon judgments in favor of or for the use of the state8 and to enter satisfaction in whole or in part of such judgments as the consid-9 eration for such purchases.10 (9) Whenever the property of a judgment debtor in any judgment men-11 tioned in subsection (8) of this section has been sold under a prior judg-12 ment, or is subject to any judgment, lien, or encumbrance, taking precedence13 of the judgment in favor of the state, under the direction of the state14 controller, to redeem such property from such prior judgment, lien, or en-15 cumbrance; and all sums of money necessary for such redemption must, upon the16 order of the board of examiners, be paid out of any money appropriated for17 such purposes.18 (10) When necessary for the collection or enforcement of any judgment19 hereinbefore mentioned, to institute and prosecute, on behalf of the state,20 such suits or other proceedings as may be necessary to set aside and annul all21 conveyances fraudulently made by such judgment debtors; the cost necessary22 to the prosecution must, when allowed by the board of examiners, be paid out23 of any appropriations for the prosecution of delinquents.24 (11) To exercise all the common law power and authority usually apper-25 taining to the office and to discharge the other duties prescribed by law.26 This duty shall be interpreted to include the power to seek declaratory and27 injunctive relief against any person, as defined in section 30-21-102, Idaho28 Code, who has violated or is violating an Idaho statute that creates a le-29 gal duty or prohibition but does not expressly create a civil cause of ac-30 tion through which the state or its officers may enforce the legal duty or31 prohibition. The attorney general shall have a cause of action to seek such32 declaratory and injunctive relief, and any injunction entered shall be suf-33 ficient to prevent further violations of the statute.34 (12) To report to the governor the condition of the affairs of the attor-35 ney general's office and of the reports received from prosecuting attorneys.36 (13) To appoint deputy attorneys general and special deputy attorneys37 general and other necessary staff to assist in the performance of the du-38 ties of the office. Such deputies and staff shall be nonclassified employees39 within the meaning of section 67-5302, Idaho Code.40 (14) To establish a medicaid fraud control unit pursuant to the provi-41 sions of section 56-226, Idaho Code, and to exercise concurrent investiga-42 tive and prosecutorial authority and responsibility with county prosecutors43 to prosecute persons for the violation of the criminal provisions of chap-44 ter 2, title 56, Idaho Code, and for criminal offenses that are not defined in45 chapter 2, title 56, Idaho Code, but that involve or are directly related to46 the use of medicaid program funds or services provided through the medicaid47 program.48 (15) To seek injunctive and any other appropriate relief as expedi-49 tiously as possible to preserve the rights and property of the residents50

3 of the state of Idaho and to defend as necessary the state of Idaho, its1 officials, employees, and agents in the event that any law or regulation2 violating the public policy set forth in the Idaho health freedom act, chap-3 ter 90, title 39, Idaho Code, is enacted by any government, subdivision, or4 agency thereof.5 (16) To establish an internet crimes against children unit (ICAC) pur-6 suant to the provisions of section 67-1410, Idaho Code, and to exercise con-7 current investigative and prosecutorial authority and responsibility with8 county prosecutors to prosecute persons for the violation of the criminal9 provisions of sections 18-1507, 18-1507A, 18-1507C, 18-1509A, 18-1513 and10 18-1515, Idaho Code.11 (17) To respond to allegations of any violation of state criminal law by12 elected county or city officers acting in their official capacity, to inves-13 tigate such claims, to issue appropriate findings, and to retain such cases14 for further investigation and prosecution pursuant to sections 31-2002 and15 50-238, Idaho Code.16 (18) To establish a sobriety and drug monitoring program to reduce the17 number of people on Idaho's highways who drive under the influence of alco-18 hol or drugs, to reduce the number of repeat offenders for certain offenses19 in which the abuse of alcohol or drugs was a contributing factor, and to in-20 crease pretrial and posttrial options for prosecutors and judges in respond-21 ing to repeat DUI offenders and offenders for certain crimes in which the22 abuse of alcohol or drugs was a contributing factor in the commission of the23 crime; and to adopt such rules and establish such fees as are necessary for24 the operation of said program, as set forth by law.25

SECTION 2. An emergency existing therefor, which emergency is hereby26 declared to exist, this act shall be in full force and effect on and after27 July 1, 2026.28