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Bill

H 319

STATE EMPLOYEES – Adds to existing law to establish provisions regarding state employee loyalty.

68th Legislature, 1st Regular Session (2025)

Imposes a duty that state employees must not assist anyone in any legal matter against Idaho, with civil penalties up to 10,000 per violation and possible termination.

Reported Printed and Referred to State Affairs
#attorneygeneral #civilactions #courts #employersandemployees #government
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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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