Committee approves measure to let Legislature pursue legal actions against federal agencies, adds $75 million litigation fund
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The Joint Agriculture Committee on an aye roll call approved Senate File 41 to restore and expand statutory authority for the Legislature to pursue legal action over federal agencies and to add a dedicated litigation appropriation.
Senator Dan Ide, sponsor, told the committee SF41 revives a 2023 proposal that had been vetoed and is based on statute 28-114. “Basically, that’s what we’re playing off here,” Ide said, describing the measure as a way for the Legislature to protect state lands and residents.
The bill as amended replaces earlier transfer language with an explicit appropriation. The amendment inserted $75,000,000 from the general fund to the Legislature “for litigation purposes” for the period beginning on the act’s effective date and ending June 30, 2028; unobligated funds would revert on that same date. Committee discussion also noted a prior change that reduced a management-council vote threshold from two-thirds to a simple majority (50%) before authorizing prosecution under the statute.
Chairman French opened public comment; no agencies or members of the public commented during the committee hearing. Committee members debated language and accepted the LSO technical amendment that added the appropriation language and related timing and reversion provisions.
After the amendment passed, the committee proceeded to a roll call vote on the bill as amended. Senators Crago, Eyde, McEwen, Pearson and Chairman French recorded aye votes; the clerk announced “That is 5 ayes,” and the measure advanced from committee.
The measure, as presented to the committee, includes: (1) restored/changing authority tied to statute 28-114, (2) a procedure change to the management council voting threshold, and (3) a $75 million appropriation limited to litigation purposes through June 30, 2028. No implementation timetable beyond the appropriation’s end date was provided during the hearing.
The committee provided no on-the-record objections in committee and closed the item without additional amendments. Future steps, including any floor action and potential amendments, were not taken up in this hearing.
Senator Dan Ide, sponsor, told the committee SF41 revives a 2023 proposal that had been vetoed and is based on statute 28-114. “Basically, that’s what we’re playing off here,” Ide said, describing the measure as a way for the Legislature to protect state lands and residents.
The bill as amended replaces earlier transfer language with an explicit appropriation. The amendment inserted $75,000,000 from the general fund to the Legislature “for litigation purposes” for the period beginning on the act’s effective date and ending June 30, 2028; unobligated funds would revert on that same date. Committee discussion also noted a prior change that reduced a management-council vote threshold from two-thirds to a simple majority (50%) before authorizing prosecution under the statute.
Chairman French opened public comment; no agencies or members of the public commented during the committee hearing. Committee members debated language and accepted the LSO technical amendment that added the appropriation language and related timing and reversion provisions.
After the amendment passed, the committee proceeded to a roll call vote on the bill as amended. Senators Crago, Eyde, McEwen, Pearson and Chairman French recorded aye votes; the clerk announced “That is 5 ayes,” and the measure advanced from committee.
The measure, as presented to the committee, includes: (1) restored/changing authority tied to statute 28-114, (2) a procedure change to the management council voting threshold, and (3) a $75 million appropriation limited to litigation purposes through June 30, 2028. No implementation timetable beyond the appropriation’s end date was provided during the hearing.
The committee provided no on-the-record objections in committee and closed the item without additional amendments. Future steps, including any floor action and potential amendments, were not taken up in this hearing.
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