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H 148

CONSTITUTIONAL DEFENSE COUNCIL – Adds to existing law to provide assistance to individuals litigating against the federal government.

68th Legislature, 1st Regular Session (2025)

Formal process for Idaho residents in federal grazing/water-right cases to seek state help from the Constitutional Defense Council, including funding, legal aid, or intervention.

Reported Signed by Governor on April 14, 2025 Session Law Chapter 324 Effective: 07/01/2025
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Bill Summary · H 148

Summary: Idaho House Bill 148 (H 148) – Constitutional Defense Council Assistance to Individuals in Federal Grazing/Water Rights Litigations

Overview

  • Purpose: Establish a formal process for Idaho citizens involved in legal proceedings with the federal government regarding grazing and/or water rights to request state assistance from the Constitutional Defense Council (the council). The bill defines who may petition, what assistance may be offered, and the criteria the council uses to decide on requests.
  • Legislative action: Passed the Senate and House in early 2025; Governor signed. Enrolled as Chapter 324; effective July 1, 2025. Emergency clause indicates immediate applicability upon effective date.

Key Provisions

  • Amended law: Adds a new section, 67-6303, to Idaho Code, Chapter 63, Title 67.
  • Council and petitioner definitions:
    • Council: The Constitutional Defense Council (as established in section 67-6301).
    • Petitioner: An Idaho citizen who is or was in a legal proceeding brought by the federal government concerning grazing or water rights.
  • Petition process:
    • A petitioner may request state assistance by submitting a written petition to the council, including:
    • Rationale for why state assistance/participation is appropriate and the state's interest.
    • A synopsis of the case and procedural timeline or court decision.
    • Any other information the council requires.
  • Types of assistance (the council may provide if warranted):
    • Funding private counsel through the Constitutional Defense Council fund.
    • Reimbursing attorney fees if a court denied a fee award (funds from the council).
    • The Office of the Attorney General providing legal assistance or representation.
    • State intervention in the action.
  • Decision timeline and criteria:
    • The council must respond in writing within 30 days of receiving a petition.
    • Factors the council must consider when deciding to grant/deny/partially grant:
    • Societal importance of the vindicated right.
    • Necessity for private enforcement and the burden on the petitioner.
    • Whether a significant number of Idaho citizens would benefit from the court decision.
    • Whether the public interest is served by state assistance or participation.
    • Availability of state resources (personnel time and funds).
    • The council may provide assistance if, in its sole discretion, it determines that:
    • State assistance serves the public interest.
    • The action has or will likely restore, maintain, or advance Idaho’s sovereignty and authority over issues affecting the state and its citizens.
    • State resources are available.

Who Is Affected

  • Primary beneficiaries: Idaho citizens involved in federal litigation over grazing or water rights.
  • Potential beneficiaries include private counsel (via funding), petitioning individuals who receive fee reimbursement, and cases where the Attorney General or state intervention provides support.
  • Governmental actors: Constitutional Defense Council and Office of the Attorney General.

Fiscal and Administrative Impact

  • Fiscal note: The legislation states no net fiscal impact; the constitutional defense fund already exists and has been previously funded. The act does not create new expenditures or revenue changes for state/local government.
  • Administrative process: Adds a formal 30-day decision requirement and a defined petition process for eligibility and assistance.

Timeline and Status

  • Introduced: February 5, 2025
  • Legislative progress: Passed House and Senate in March–April 2025; enrolled; transmitted; signed by Governor.
  • Governor action: Signed April 14, 2025.
  • Enactment: Chapter 324, effective July 1, 2025.
  • Emergency/Effective: The act declares an emergency and provides an effective date; in practice, it becomes effective on July 1, 2025.

Practical Takeaway

H 148 formalizes a process for Idaho to assist residents in federal grazing or water rights disputes through the Constitutional Defense Council, including potential funding of private counsel, fee reimbursement, AG representation, or state participation. It emphasizes sovereignty and public interest considerations and establishes a defined timeline for decision-making.

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

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