TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 4

LEGISLATURE

67-465.  intervention in actions regarding  an Idaho statute. (1) When a party to an action challenges in state or federal court the constitutionality of an Idaho statute, facially or as applied, challenges an Idaho statute as violating or being preempted by federal law, or otherwise challenges the construction or validity of an Idaho statute, either or both houses of the legislature may seek to intervene, at the sole discretion of the senate president pro tempore or the speaker of the house of representatives, or both, in the action as agents of the state of Idaho and as a matter of right, or permissively, by filing a motion in the court as provided in state or federal rules of civil procedure, whichever is applicable.

(2)  The authority to intervene pursuant to the provisions of subsection (1) of this section:

(a)  Does not require evidence that the intervenor’s interests differ from any branch, department, office, or official of the state of Idaho; and

(b)  Operates regardless of whether the state of Idaho itself is a named party.

(3)  The provisions of this section shall apply to any litigation that is pending on or after the effective date of this act.

History:

[67-465, added 2022, ch. 226, sec. 1, p. 745; am. 2023, ch. 305, sec. 1, p. 919.]