2005 Idaho Code - 67-2329 — AGREEMENT FILED WITH SECRETARY OF STATE -- CONSTITUTIONALITY -- ENFORCEABLE IN COURTS -- RECIPROCITY

                                  TITLE  67
                      STATE GOVERNMENT AND STATE AFFAIRS
                                  CHAPTER 23
                           MISCELLANEOUS PROVISIONS
    67-2329.  AGREEMENT FILED WITH SECRETARY OF STATE -- CONSTITUTIONALITY --
ENFORCEABLE IN COURTS -- RECIPROCITY. Prior to its becoming binding, any
agreement made pursuant to this act between two (2) or more states or between
two (2) or more public agencies of two (2) or more states shall be filed with
the secretary of state, who shall require an opinion of the attorney general
that such agreement does not violate the provisions of the Constitution of the
United States, or the Idaho Constitution and statutes. Such opinion shall be
rendered within thirty (30) days from the date of request by the secretary of
state and submitted to the secretary and interested parties. Failure to render
such opinion within such time shall be considered as approval by the attorney
general. Upon receiving an opinion that the agreement is constitutional the
secretary shall notify the agreeing parties and the agreement shall be in full
force and effect from the date of such notice, provided, that such agreement
shall not be enforced by the courts of this state unless the state of Idaho or
public agency thereof is provided due process for enforcement in the courts of
the United States or a sister state. In the event of action on any such
agreement, any state or public agency joined in such action not a real party
in interest, may seek damages incurred by it because of such joinder against
any proper party to the action.