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Committee hears measure to let counties seek state assistance defending lawsuits over H 710; RS 32447 sent to print
Summary
RS 32447 would amend Idaho Code to let political subdivisions request assistance from the Constitutional Defense Council — including funding private counsel or state intervention — in lawsuits alleging violations of H 710; the committee voted to send the request statute to print.
Senator Foreman presented RS 32447 to the Senate State Affairs Committee, describing an amendment to Idaho Code Chapter 63, Title 67 to add Idaho Code § 67-6303 (Defense of State Law - Political Subdivisions).
Foreman said numerous counties are being sued over the constitutionality of H 710 (the Children’s School and Library Protection Act) with claims alleging First Amendment violations. RS 32447 would allow a political subdivision to request assistance from the Constitutional Defense Council as defined in Idaho Code § 67-6301. Possible forms of assistance listed in the minutes include funding for private counsel, reimbursement for attorney fees and costs, assistance from the Idaho Attorney General, and state intervention.
Senator Adams moved to send RS 32447 to print; Senator Toews seconded and the motion carried by voice vote. The minutes do not record a roll-call tally or any fiscal estimates; the proposed mechanism and potential costs to the state were not specified in the meeting record.
Next steps: RS 32447 was sent to print; if drafted into bill form it will return for committee review where fiscal impacts and eligibility criteria for assistance should be clarified.
