Idaho Bills

Amends existing law to revise provisions regarding minimum standards and requirements for development impact fees ordinances.

This legislation relates to development impact fees, specifying that collection of such fees if adopted by a county for a county courthouse or county jail shall be collected by cities within the county.

Adds to existing law to establish provisions regarding an audit of the resettlement of refugees and to establish provisions regarding the immigration status and nationality of arrested individuals.

RS33832 / S1442 This legislation, titled the Idaho Refugee and Illegal Alien Accountability Act, establishes enhanced transparency, accountability, and reporting requirements related to refugee resettlement and immigration status within the State of Idaho. First, the bill requires any Idaho-based entity providing refugee resettlement services under federal programs to submit an annual audit to the Idaho Legislature. The audit must include detailed information regarding the number of refugees served, their nationality, gender, language abilities, housing impacts, geographic placement, and certain public health indicators. This provision is intended to provide policymakers with accurate, comprehensive data to better understand the scope and impact of refugee resettlement activities within Idaho. Second, the legislation clarifies that entities providing resettlement services may not engage in activities that harbor, transport, or encourage individuals who are unlawfully present in the United States to remain in violation of federal law. It also requires such entities to maintain identifying records of individuals served who are unlawfully present, enabling coordination with appropriate federal immigration databases. Third, the bill requires all state and local law enforcement agencies, during the administration of criminal justice, to verify and record the immigration status and nationality of individuals who are arrested. Beginning October 1, 2026, agencies must publish biannual reports summarizing this information, including statistics related to crimes involving individuals unlawfully present in the United States.

Adds to existing law to establish provisions regarding the immigration status and nationality of arrested individuals.

This legislation adds a new section to Chapter 30, Title 67, Idaho Code, to require state and local law enforcement agencies to verify and record the immigration status and nationality of arrested individuals in the administration of criminal justice. The bill establishes reporting requirements, including biannual public reports, and authorizes the withholding of state funding for noncompliance. An emergency clause provides for an effective date of July 1, 2026.

Adds to existing law to provide for uniformity in local government antidiscrimination ordinances.

The Uniformity in Local Antidiscrimination Ordinances Act would prevent local governmental entities, such as counties and cities, from enacting ordinances that impose some antidiscrimination requirements beyond what is required by state law. Idaho currently prohibits certain forms of discrimination in employment, housing, education, and public accommodations on the basis of race, color, religion, sex, age, disability, or national origin. This legislation would preempt burdensome local ordinances and bring these regulations into alignment with state law. Under the legislation, the Attorney General may seek injunctive relief against a local governmental entity that violates the provisions of the law. Businesses, property owners, and residents would also have standing to challenge antidiscrimination ordinances which exceed what state law allows.

Amends existing law to revise a sales tax exemption for data center equipment and to revise a certain property tax exemption for certain capital investments.

RS33728 / H0897 This legislation amends the sales tax exemption for data centers in six key ways. This legislation does the following: 1) adds two additional criteria for qualification for the exemption related to energy and water consumption, 2) narrows the original sales tax exemption to only be applicable to the internal servers, 3) allows for the sales tax exemption to only be available for 20 years for each project, 4) for data centers constructed after April 1, 2026 it modifies the property tax abatement provision in 63-4502 to prevent a tax shift, 5) requires the tax commission to report annually on the approximate amount of sales tax revenue not collected as a result of this policy, and 6) requires the tax commission to submit a report every 5 years to the legislature with an analysis of the effects of the exemption and data centers on Idaho’s economy, energy resources, and water resources. This legislation provides that data center projects currently under construction may continue with the sales tax exemption provisions (construction materials and internal server equipment) as originally provided when 63-3622VV was enacted in 2020; however, the new 20-year provision will apply to those projects currently under construction.

Amends existing law to revise provisions regarding the powers and duties of the Office of Information Technology Services.

RS33556C1 / H0888 This legislation places information technology procurement within the Office of Information Technology Services (“ITS”). ITS houses the experts for IT services for the state of Idaho. Under this legislation, ITS will be required to consult with an agency head about the needs of the department, conduct an analysis of the IT equipment or service needed, and then procure the IT product or service for the department. That analysis may be conducted by a third party so long as the third party does not charge the Office and certain safeguards are adhered to. The Office may also enter into a MOU to continue using the Department of Administration, Division of Purchasing for procurements. When ITS is not using the Division of Purchasing, it is exempt under that chapter.

Adds to existing law to authorize the Legislature to employ counsel in addition to the Attorney General in actions against the federal government.

This legislation allows the legislature to retain private counsel (attorneys) for actions against the federal government, when, in the judgment of the pro tempore of the senate and the speaker of the house, it is in the interests of the state to prosecute such actions.

Amends existing law to revise a provision regarding prohibited conduct.

The primary objective of this legislation is to safeguard the Second Amendment rights of Idaho’s citizens. Presently, our preemption law prohibits local governments from establishing more stringent regulations regarding the carrying of firearms in public facilities. Additionally, our laws prohibit the carrying of firearms within courtrooms and courthouses. However, the recent development of county courthouses being created within county offices has resulted in confusion regarding the permissible locations for firearm carrying. This legislation clarifies that in such instances, prohibiting individuals from carrying firearms within a courtroom will be allowed. Nevertheless, our citizens should be permitted to carry firearms when entering city or county buildings for other purposes.

Adds to existing law to establish certain requirements for employers to verify the lawful status of workers.

This legislation adds to Idaho employment law to prohibit employment of illegal aliens and require employers to e-verify an employee’s legal employment status as a condition of employment.

Amends and adds to existing law to provide for suspension of driver's licenses when a person is 60 days or more delinquent in paying the penalty for a moving traffic infraction.

RS33736 / H0927 In 2018, the Idaho Legislature changed the enforcement procedures for unpaid traffic citations and for unpaid misdemeanor/felony traffic related incidents. The practice of suspending driving privileges for unpaid fines was eliminated. The courts were empowered to collect the unpaid fines through civil procedures. Since the implementation of this change, drivers have learned their unsafe driving practices had fewer consequences. Additionally, the amount of unpaid traffic fines increased from approximately $1 million to $24 million ($3 million /year). The Idaho courts estimate there are over 125,000 drivers with unpaid traffic fines. This legislation will empower the courts and the Idaho DMV to suspend driving privileges when traffic related fines are not paid after appropriate notice.

Adds to existing law to provide that certain rats are invasive species.

RS33834 / S1445 Rats have multiplied and become an infestation in part of the Treasure Valley. This legislation authorizes local governments to take reasonable actions to control and contain the increasing rat population. The legislation does not mandate that any local government act, it just empowers them to do so. Local government is broadly defined to include cities, counties, and political subdivisions in the State of Idaho. Norway rats, roof rats, and wild rats are defined as an invasive species in order to facilitate control measures. No local government may enter private property in connection with this authority unless the local government has the written permission of the owner.

Amends existing law to require signature gatherers to be qualified electors and to require paid signature gatherers to provide the name of the persons or entities that are paying them on their badge.

This legislation amends Idaho Code 34-1807 to require paid signature gatherers, on certain petitions, to wear a badge with their name and the name of persons or entities that are providing payment to those persons, if any. This legislation increases transparency to the petition process.

Amends existing law to provide for the securing of liability insurance coverage for private facilities used as polling places and to limit liability for private facilities used as polling places on election day.

This legislation establishes general liability protection of private facilities designated as polling locations during Idaho elections. Election workers and volunteers are also protected from personal civil liability when working at private facilities designated as polling locations. This civil liability protection also extends to a nonprofit entity that has provided a location for a polling place, while reaffirming that no nonprofit places its tax exemption at risk by doing so.

Amends existing law regarding counsel for the Department of Lands.

This legislation makes technical and conforming amendments to the code to align existing provisions with changes to legal representation of the Idaho Department of Lands adopted in previously enacted law, ensuring consistency, clarity, and accuracy without altering substantive legal rights. Additionally for clarity, this legislation codifies the existing authority of the State Board of Land Commissioners to utilize the General Counsel of IDL for legal services or to otherwise retain legal counsel of its choosing.

Amends and adds to existing law to provide for household egg production.

This legislation establishes a minimum statewide standard allowing residents of single-family homes to engage in limited household egg production, including keeping up to four (4) hens for household use or lawful small-scale sale consistent with existing Idaho food safety and cottage food laws. Eggs are a foundational, nutrient-dense whole food that supports protein intake, metabolic health, and family nutrition. By ensuring that families are not completely prohibited from producing a basic food staple, this bill strengthens food security, reinforces Idaho’s agricultural heritage, and promotes agricultural literacy and responsible food stewardship for future generations. The legislation preserves reasonable local government and homeowners’ association authority related to sanitation, nuisance, and multifamily dwellings, creates no new regulatory program, and does not expand existing cottage food laws.

Amends existing law to revise a provision regarding justifiable homicide.

This legislation increases the number of people that an individual can defend from 7 groups of people to ALL people in 18-4009, Justifiable Homicide By Any Person.

Adds to existing law to establish requirements and a cause of action regarding privacy and safety in public restroom and changing facilities and to establish a duty regarding the privacy and safety of restroom and changing facilities in places of public accommodation.

The Protecting Privacy and Safety in Public Buildings Act requires that government building restrooms and changing facilities must be separated on the basis of biological sex and that individuals shall make use of the facility which aligns with their biological sex. The legislation also clarifies the existing common law doctrine of premises liability by requiring public accommodations to take reasonable steps to protect the privacy and safety of their customers in rest-rooms, locker rooms, and showers. Necessary exemptions are provided for certain cases, and government entities may provide reasonable accommodations for any person who is unwilling or unable to use the multi-occupancy facility designated for their biological sex.

Amends existing law to provide that idle moneys may be invested in physical gold and silver in certain instances, to provide for storage of physical gold and silver, and to provide for a maximum allowed investment.

Since the year 2000, the M2 money supply has grown by 380 percent. It has almost quadrupled. A quadrupling of the money supply will eventually accelerate the rate of inflation. By adding physical gold and silver to Idaho Code § 67-1210, the State Treasurer will be permitted to hold some portion of the state's Idle Moneys Pool in physical gold and silver to help secure state assets against the risk of inflation and/or to achieve capital gains as measured in Federal Reserve Notes. The new authority will be confined to holding gold and silver directly and in a manner that does not assume the counter party risks involved with other current state holdings, such as corporate bonds, treasury bills, and other debt instruments. This measure does not empower the State Treasurer to invest in paper forms of the metal like futures contracts, or other gold and silver derivatives. The authority is confined to physical gold and silver, directly owned by the state and stored in a secure depository or any bank or credit union with a class 1 vault and, if stored in Idaho, licensed by the Department of Finance.

Adds to existing law to establish provisions regarding law enforcement entering into a memorandum of agreement with Immigration and Customs Enforcement.

This legislation adds a new section to Chapter 6, Title 19, Idaho Code, to require local and county law enforcement agencies to apply for a memorandum of agreement with U.S. Immigration and Customs Enforcement pursuant to section 287(g) of the Immigration and Nationality Act. The bill defines relevant terms, outlines participation in federal enforcement programs, and requires public disclosure when an agency is unable to enter into such an agreement. An emergency clause provides for an effective date of July 1, 2026.

Amends existing law to revise a provision regarding abortion trafficking.

This legislation removes the word "recruiting" from Idaho Code Section 18-623.