Senate approves expansion of constitutional-defense fund to help local governments pay legal costs

Senate Bill 11-25, approved by the Idaho Senate on April 2, adds a new section to Idaho Code to allow a political subdivision (cities or counties) to request state assistance when defending legal challenges to the constitutionality of state statutes.

Sponsor Senator Sarah Foreman said the bill would amend chapter 63 of Title 67 with a new section (67-6303) that permits local governments to request assistance that could include funding from the constitutional defense fund for private counsel, reimbursement of attorneys' fees and costs, assistance from the Idaho attorney general, or state intervention. "Numerous counties in Idaho are currently being sued regarding the constitutionality of Idaho's House Bill 710 of the 2024 legislative session," Foreman said on the floor.

Why it matters: backers argued the measure helps local governments respond to litigation challenging state laws and preserves state sovereignty by centralizing consideration of whether to provide assistance. Opponents warned it could incentivize passage of statutes that prompt litigation and saddle the state with defense costs.

Floor debate and votes - Sponsor presentation: Foreman outlined the new code section and said the constitutional defense counsel would evaluate applications based on public interest, availability of state resources, and whether intervention would advance the state's sovereignty and authority. - Opposition and fiscal concerns: At least one senator urged caution, saying the legislature has spent millions defending statutes thought likely to be struck down and argued the bill could encourage passing contested laws because local governments could then…