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H 319

An Act relative to transparency in optional credit card fees

194th Legislature (2025-2026) Introduced by James Arena-DeRosa and 2 co-sponsors

Prohibits state employees from assisting anyone in any legal matter against Idaho, with penalties up to 10,000 per violation or termination.

Accompanied a study order, see H5320
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Bill Summary · H 319

Idaho H 319 — State Employee Loyalty

A concise summary of House Bill 319 (H 319) from the 68th Idaho Legislature, First Regular Session (introduced Feb. 24, 2025).

Purpose and intent

  • Establishes new statewide rules to prevent state employees from assisting outside individuals or entities in any legal matter against the State of Idaho.
  • The bill aims to safeguard state interests by restricting potential conflicts of interest and outside influence in legal actions involving the state.

Key provisions

New Chapter

  • Adds Chapter 7 to Title 74, Idaho Code, creating 74-701 (State Employee Loyalty).

Prohibited conduct

  • A state employee shall not assist any person or entity in any legal matter against the state.
  • “Assist” includes acting as a paid or unpaid agent, consultant, expert, or attorney; receiving any share, interest, compensation, or gratuity connected to such assistance.

What constitutes a “legal matter”

  • Any of the following: litigation or quasi-judicial proceeding; administrative hearing; alternative dispute resolution (arbitration or mediation); development or resolution of legal claims, including through litigation or ADR processes.

Who is covered

  • Applies to both nonclassified state officers/employees and classified state employees (as defined by specified Idaho Code provisions).

Exceptions

  • Does not apply to work performed by a state employee within the scope of their official duties.
  • Excludes matters covered by section 6-2104, Idaho Code.
  • Does not limit an employee’s rights regarding their own claims against the state.
  • Does not prohibit an employee from serving as a proper fact witness when subpoenaed.

Enforcement and penalties

  • The Attorney General may bring a civil action for violations, proven by a preponderance of the evidence.
  • Civil penalties: up to $10,000 per violation or the amount of compensation received during the prohibited conduct, whichever is greater. Penalties may be in addition to other remedies.
  • Violators may also be terminated from state employment.
  • The act preserves other criminal, civil, or administrative remedies available under law.

Emergency and effective date

  • Section 2 declares an emergency; the act is in full force and effect upon passage and approval.

Fiscal impact

  • The fiscal note indicates no anticipated impact on state or local revenue or expenditures.

Timeline and status

  • Introduced: February 24, 2025
  • Status updates: Reported Printed and Referred to State Affairs (February 25, 2025)
  • Subject areas: Attorney General, Civil Actions, Courts, Employers and Employees, Government

Potential impact and considerations

  • Affects state employees by imposing a strict loyalty obligation in legal matters against the state.
  • Creates a mechanism for enforcement through civil action by the AG and penalties including termination from state service.
  • Could influence how outside entities engage with state personnel on legal issues and may raise questions about scope, definitions, and carve-outs in complex legal scenarios.
  • Emergency clause ensures immediate effect upon passage.

Compiled from official sources — confirm details with the bill’s official record.

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