T67CH63

Title 67 > T67CH63

Sections (3)

67-6301

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 63 CONSTITUTIONAL DEFENSE COUNCIL 67-6301. Constitutional defense council created — Members — Powers — Staff — Fund. (1) There is hereby created the constitutional defense council which shall consist of the governor, the president pro tempore of the senate, the speaker of the house of representatives and the attorney general. (2) The purpose of the council includes, but is not limited to, restoring, maintaining and advancing the sovereignty and authority over issues that affect this state and the well-being of its citizens. (3) Meetings of the council may be called by any member and decisions of the council shall be made by a majority vote of the members. (4) The council, in the name of the state or its citizens, may examine and challenge by legal action, legislation or any other legal means: (a) Federal mandates. (b) Court rulings. (c) The authority granted to, or assumed by, the federal government. (d) Laws, regulations and practices of the federal government. (e) Any other activity that is deemed appropriate by the council. (f) Notwithstanding any other provision of law to the contrary, the council may hire legal counsel for the purpose of this chapter and may utilize staff and resources within state government. (5) There is hereby established in the state treasury the constitutional defense council fund which shall consist of appropriations, gifts, grants and other council moneys. Moneys in the council fund are continuously appropriated and shall be used for purposes enumerated in this chapter. History: [67-6301, added 1995, ch. 327, sec. 2, p. 1096.]

67-6302

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 63 CONSTITUTIONAL DEFENSE COUNCIL 67-6302. Legislative approval required for certain actions. No action may be taken by any federal agency, state, state agency or any entity to introduce or to reintroduce any species into the state of Idaho without first securing the approval of the Idaho state legislature. History: [67-6302, added 2000, ch. 416, sec. 1, p. 1327; am. 2017, ch. 135, sec. 1, p. 327.]

67-6303

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 63 CONSTITUTIONAL DEFENSE COUNCIL 67-6303. private counsel or attorney general. (1) For the purposes of this section: (a) Council means the constitutional defense council created in section 67-6301 , Idaho Code. (b) Petitioner means any Idaho citizen who is or was in a legal proceeding brought by the federal government concerning grazing or water rights. (2)(a) A petitioner may request the state of Idaho to provide assistance with or to participate in a legal proceeding by submitting a written request to the council that shall include: (i) A detailed explanation as to why state assistance or participation would be appropriate and what the interest of the state would be; (ii) A synopsis of the nature of the case and the procedural timeline or the court’s decision; and (iii) Such other information as the council may require. (b) Such assistance or participation may include: (i) Funding private counsel from the constitutional defense council fund created in section 67-6301 , Idaho Code; (ii) Reimbursing attorney’s fees if the petitioner requested a court to award fees but was denied. Reimbursement shall come from the constitutional defense council fund; (iii) The office of the attorney general providing legal assistance or representation to the petitioner; or (iv) State intervention. (3)(a) Within thirty (30) days of receiving a petition, the council shall deliver its decision to the petitioner in writing. (b) In determining whether to grant, deny, or partially grant or deny a petition, the council shall consider: (i) The societal importance of the vindicated right; (ii) The necessity for private enforcement and accompanying burden on the petitioner; (iii) Whether a significant amount of Idaho citizens stand to benefit from the court decision; (iv) Whether the public interest would be served by state assistance or participation in the case; and (v) Whether state resources, including personnel time and funds, are available. (c) The council may provide assistance with or participate in the legal action if the council determines, in its sole discretion, that state assistance or participation would serve the public interest, that the legal action has or will be more than likely to restore, maintain, and advance the state of Idaho’s sovereignty and authority over issues that affect the state and the well-being of its citizens, and that state resources are available. History: [67-6303, added 2025, ch. 324, sec. 1, p. 1341.]