Adds to existing law to establish provisions regarding compliance with the law.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 896 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 COMPLIANCE WITH THE LAW; AND DECLARING AN EMERGENCY.4

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

SECTION 1. That Title 7, Idaho Code, be, and the same is hereby amended6 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-7 ter 17, Title 7, Idaho Code, and to read as follows:8 CHAPTER 179 COMPLIANCE WITH LAW10 7-1701. LEGISLATIVE FINDINGS AND INTENT. The legislature finds that11 elite impunity has become a serious problem in the United States. The leg-12 islature further finds that public servants who act like they are above the13 law bring all law into disrepute. In enacting this chapter, it is the intent14 of the legislature to provide consequences for public servants who disregard15 the law.16 7-1702. DEFINITIONS. As used in this chapter:17 (1) "Prohibition" means a proscription imposed by an Idaho statute on a18 public officer, public employee, or public entity that is directly applica-19 ble to the public officer, public employee, or public entity in their capac-20 ity as a public officer, public employee, or public entity.21 (2) "Public employee" means a person employed by a public entity or pub-22 lic officer.23 (3) "Public entity" means:24 (a) Any agency, board, bureau, department, division, institution, or25 office of the state but shall not include the legislative or judicial26 branches of government;27 (b) Any public school, public charter school, or school district in the28 state;29 (c) Any independent public body corporate and politic in the state;30 (d) Any political subdivision of the state; or31 (e) Any other public organization created by the constitution of the32 state of Idaho or an Idaho statute.33 (4) "Public officer" means a person elected or appointed to an office34 created by the constitution of the state of Idaho or an Idaho statute but35 shall not include an officer in the legislative or judicial branches of gov-36 ernment.37 7-1703. VIOLATION OF THE LAW -- REFERRAL TO ATTORNEY GENERAL. The gov-38 ernor, president pro tempore of the senate, or speaker of the house of rep-39

2 resentatives may refer to the attorney general any potential violation of a1 prohibition as defined in section 7-1702, Idaho Code. A chairman of a board2 of county commissioners may refer to the attorney general any potential vio-3 lation of a prohibition as defined in section 7-1702, Idaho Code, related to4 any taxing district located within the county or any public officer or public5 employee of such taxing district.6 7-1704. NOTICE -- OPPORTUNITY TO CURE. (1) Upon a referral provided7 pursuant to section 7-1703, Idaho Code, if the attorney general has reason8 to believe that the public officer, public employee, or public entity has9 violated a prohibition as defined in section 7-1702, Idaho Code, the attor-10 ney general shall give notice of the alleged violation to the public officer,11 public employee, or public entity so referred.12 (2) Upon receipt of notice provided pursuant to subsection (1) of this13 section, a public officer, public employee, or public entity shall have14 fourteen (14) days to respond to the attorney general, either:15 (a) Acknowledging the violation and stating an intent to cure the vio-16 lation; or17 (b) Denying that the alleged violation has occurred.18 (3) Failure by a public officer, public employee, or public entity to19 respond to notice provided pursuant to subsection (1) of this section shall20 be treated as a denial.21 (4) If a public officer, public employee, or public entity acknowledges22 a violation pursuant to subsection (2)(a) of this section, such officer, em-23 ployee, or entity shall have fourteen (14) days from the date of the acknowl-24 edgment to cure the violation by ceasing to violate the relevant prohibi-25 tion.26 (5) A cure pursuant to this section shall act as a bar to filing an ac-27 tion pursuant to section 7-1705, Idaho Code.28 7-1705. ACTION TO ENFORCE THE LAW. (1) If a public officer, public29 employee, or public entity, after receiving notice of an alleged violation30 pursuant to section 7-1704, Idaho Code, denies that the alleged violation31 has occurred, fails to respond to the notice by the required time, or fails to32 cure the alleged violation by the required time, the attorney general may, at33 the attorney general's discretion, file an action to enforce the law against34 such officer, employee, or entity.35 (2) The action authorized by this section may be filed only if the law36 the attorney general seeks to enforce does not establish a penalty for non-37 compliance or another enforcement mechanism.38 7-1706. ORDER TO COMPLY -- ATTORNEY'S FEES. (1) In an action filed pur-39 suant to section 7-1705, Idaho Code, a court of competent jurisdiction shall40 issue an order to comply with the law if the attorney general proves by a pre-41 ponderance of the evidence that a public officer, public employee, or public42 entity violated a prohibition as defined in section 7-1702, Idaho Code. The43 order shall identify by name the specific persons responsible for ensuring44 compliance with the order.45

3 (2) A person named in an order issued pursuant to subsection (1) of this1 section who fails to comply with the order shall be guilty of contempt and2 subject to punishment as provided by law.3 (3) The prevailing party in an action filed pursuant to section 7-1705,4 Idaho Code, shall be entitled to reasonable attorney's fees.5 7-1707. ACTION TO DISQUALIFY FROM PUBLIC OFFICE OR PUBLIC EMPLOY-6 MENT. (1) In addition to the action provided in section 7-1705, Idaho Code,7 the attorney general may, at the attorney general's discretion, file an ac-8 tion seeking to disqualify from public office or public employment a public9 officer or public employee who willfully violates a prohibition as defined10 in section 7-1702, Idaho Code. The action provided for in this section shall11 not be filed against a state officer who is subject to election.12 (2) In an action filed pursuant to this section, a court of competent13 jurisdiction shall issue an order disqualifying a person from public office14 or public employment for a period of up to five (5) years if the attorney gen-15 eral proves by clear and convincing evidence that the person willfully vio-16 lated a prohibition as defined in section 7-1702, Idaho Code.17 (3) An action to disqualify may be filed only if an action to enforce18 the law has been filed pursuant to section 7-1705, Idaho Code, for the same19 alleged violation.20 (4) The prevailing party in an action filed pursuant to this section21 shall be entitled to reasonable attorney's fees.22 7-1708. ALTERNATE COUNSEL. (1) A public officer, public employee, or23 public entity that would otherwise be entitled to legal representation by24 the office of the attorney general may retain other counsel if an action au-25 thorized pursuant to this chapter is filed against such officer, employee,26 or entity.27 (2) Alternate counsel retained pursuant to this section shall be com-28 pensated with funds appropriated to the public officer or public entity or to29 the employer of the public employee.30

SECTION 2. An emergency existing therefor, which emergency is hereby31 declared to exist, this act shall be in full force and effect on and after its32 passage and approval.33