Amends Senate Bill 1326 to provide for scope and applicability.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1391 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO PROPERTY; AMENDING SECTION 18-7108, IDAHO CODE, AS ADDED IN2 SECTION 1 OF SENATE BILL NO. 1326, AS AMENDED, IF ENACTED BY THE SECOND3 REGULAR SESSION OF THE SIXTY-EIGHTH IDAHO LEGISLATURE, TO REVISE PROVI-4 SIONS REGARDING SCOPE AND APPLICABILITY; AND DECLARING AN EMERGENCY.5

Be It Enacted by the Legislature of the State of Idaho:6

SECTION 1. That Section 18-7108, Idaho Code, as added in Section 1 of7 Senate Bill No. 1326, As Amended, if enacted by the Second Regular Session8 of the Sixty-eighth Idaho Legislature, be, and the same is hereby amended to9 read as follows:10 18-7108. SCOPE AND APPLICABILITY. Nothing in this chapter shall:11 (1) Prevent government agents from conducting lawful investigations12 from public vantage points or entering private land in response to exigent13 circumstances;14 (2) Prevent government agents from entering private land only to the15 extent necessary to serve civil process or conduct welfare checks;16 (3) Interfere with the use or administration of water rights as pro-17 vided for in Idaho law;18 (4) Interfere with the ability of the department of water resources, or19 a designated watermaster, to make reasonable entry upon any lands to carry20 out duties imposed by law;21 (5) Interfere with the right of the owner or operator of any right-of-22 way or easement for any ditch, canal, lateral, drain, or other conduit, as23 described by law;24 (6) Limit lawful aerial observation conducted in compliance with sec-25 tion 21-213, Idaho Code;26 (7) Limit lawful entry to control noxious weeds as authorized in sec-27 tion 22-2406, Idaho Code;28 (8) Limit lawful entry by abatement district employees as authorized in29 section 39-2804, Idaho Code; or30 (9) Limit lawful entry as authorized in sections 7-705, 40-1310,31 40-2301, and 54-1230, Idaho Code; or32 (9) (10) Increase or diminish any rights, protections, or legal au-33 thorizations with respect to any place of habitation or the associated34 curtilage.35

SECTION 2. An emergency existing therefor, which emergency is hereby36 declared to exist, this act shall be in full force and effect on and after its37 passage and approval.38