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Committee advances S 1125 to help local governments seek state assistance defending laws
Summary
The Senate State Affairs Committee voted to send S 1125 to the floor with a do‑pass recommendation; the bill would allow political subdivisions to request assistance from a Constitutional Defense Council for defense against lawsuits challenging state law, including funding for counsel or intervention by the Attorney General.
Senator Foreman presented S 1125 as legislation that would add Idaho Code § 67‑6303 to permit political subdivisions to request assistance from a Constitutional Defense Council when defending state law. The bill lists possible forms of assistance: funding for private counsel, reimbursement of attorney fees and costs, assistance from the Idaho Attorney General, or a State intervention on behalf of the political subdivision.
Benjamin Allen, prosecuting attorney for Shoshone County, and Seth Grigg of the Idaho Association of Counties testified in support, saying litigation costs can exceed local resources, especially in smaller counties. Mr. Grigg noted that 13 counties had been sued in matters related to other recent legislation. Jonathan Wheatley of the Association of Idaho Cities told the committee the bill did not create indemnification or obligate the State to participate, and he highlighted that many cities operate on budgets under $100,000 while a single legal challenge commonly costs about $100,000.
Senator Anthon moved to send S 1125 to the Senate floor with a do‑pass recommendation; Senator Den Hartog seconded the motion and it carried by voice vote. Senator Ruchti recorded a nay vote in the minutes.
The bill now proceeds to the full Senate for further consideration.
