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

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 557 BY LOCAL GOVERNMENT COMMITTEE AN ACT1 RELATING TO THE COMMISSION ON HUMAN RIGHTS; AMENDING CHAPTER 59, TITLE 67,2 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-5913, IDAHO CODE, TO PRO-3 VIDE FOR UNIFORMITY IN LOCAL GOVERNMENT ANTIDISCRIMINATION ORDINANCES;4 PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY AND PROVIDING AN EF-5 FECTIVE DATE.6

Be It Enacted by the Legislature of the State of Idaho:7

SECTION 1. That Chapter 59, Title 67, Idaho Code, be, and the same is8 hereby amended by the addition thereto of a NEW SECTION, to be known and des-9 ignated as Section 67-5913, Idaho Code, and to read as follows:10 67-5913. UNIFORMITY IN LOCAL GOVERNMENT ANTIDISCRIMINATION ORDI-11 NANCES. (1) The legislature finds and determines that:12 (a) Local governments and political subdivisions of the state maintain13 their authority at the pleasure of the state, and the state may restrict14 the scope of power wielded by local governments and preempt the ordi-15 nances and policies promulgated by local governments;16 (b) Through their local ordinances and policies, many municipal cor-17 porations and subdivisions in the state of Idaho have expanded antidis-18 crimination regulations beyond those adopted by the Idaho legislature;19 (c) Market entry and economic growth are hindered by an incongruous20 patchwork of antidiscrimination ordinances. Consistent and uniform21 requirements offer stability to businesses, organizations, and employ-22 ers that results in increased economic activity and market expansion;23 (d) Local government antidiscrimination ordinances are frequently24 weaponized to coerce persons engaged in business to choose either to vi-25 olate their sincerely held moral, philosophical, and religious beliefs26 or to leave the market altogether; and27 (e) The Idaho legislature has a legitimate governmental interest in28 providing consistent and uniform antidiscrimination regulations in29 every community across the state by preempting local government an-30 tidiscrimination policies that modify, supplement, or expand on state31 antidiscrimination law.32 (2) A local governmental entity shall not promulgate or enforce any or-33 dinance, resolution, policy, regulation, or decree that implements any an-34 tidiscrimination practice, standard, definition, or provision pertaining35 to employment, housing, educational institutions, or public accommodations36 that modifies, supplements, or expands on:37 (a) The provisions of this chapter; or38 (b) Other discriminatory practices recognized by state law, provided39 that the local governmental entity may prohibit such discrimination40 only to the extent recognized by the state.41

2 (3) Nothing in this section shall be construed to require any local gov-1 ernmental entity to violate any applicable provisions of state or federal2 law.3 (4) The provisions of this section preempt any ordinance, resolution,4 policy, regulation, or decree enacted or adopted by any local governmental5 entity within the state in violation of subsection (2) of this section, in-6 cluding any such ordinance, resolution, policy, regulation, or decree en-7 acted or adopted prior to the effective date of this section.8 (5) The attorney general shall have a cause of action to seek injunc-9 tive relief against any local governmental entity that has violated the re-10 quirements of this section. A cause of action pursuant to this subsection11 shall seek injunctive relief that is sufficient to prevent the defendant lo-12 cal governmental entity from violating the requirements of this section.13 (6)(a) Any person who is engaged in business or who owns real property14 within the limits of a local governmental entity may bring a civil ac-15 tion against such local governmental entity if such local governmental16 entity fails to comply with this section.17 (b) A plaintiff who prevails in an action brought under this subsection18 shall be entitled to:19 (i) Obtain declaratory and equitable relief sufficient to bring20 the local governmental entity into compliance with the require-21 ments of this section;22 (ii) Recover damages from the local governmental entity; and23 (iii) Recover reasonable attorney's fees and costs from the local24 governmental entity.25 (7) For the purposes of this section, "local governmental entity" means26 any city, county, municipality, or other political subdivision or adminis-27 trative unit of the state or of a city, county, or municipality.28

SECTION 2. SEVERABILITY. The provisions of this act are hereby declared29 to be severable and if any provision of this act or the application of such30 provision to any person or circumstance is declared invalid for any reason,31 such declaration shall not affect the validity of the remaining portions of32 this act.33

SECTION 3. An emergency existing therefor, which emergency is hereby34 declared to exist, this act shall be in full force and effect on and after35 July 1, 2026.36